Terms of Service

Revised Feb 25, 2015

Your Acceptance

This is an agreement between Blue Fusions Ltd, a Limited Kenyan company ("We" or "Tambuaa"), the owner and operator of www.Tambuaa.com (the "Tambuaa Site"), the Tambuaa software, including Tambuaa API' s available now and in the future, (collectively, including all content provided by Blue Fusions Ltd through the Tambuaa software application based on mobile phones, desktop computers, web servers, cloud servers and software API's), websites, web service API or other online services (all collectively "Services"), irrespective of release version (the "Tambuaa Service", or the "Service"), and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TAMBUAA'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.Tambuaa.com/legal/#Privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms. If you choose to not agree with any of these terms, you may not use the Service.

Change in conditions

We reserve the right to change the terms of use at any time, without notice. Thus, it is the responsibility of the user to keep up to date with any changes that may occur.

Minimum Age

You guarantee that you are at least 18 years old

Guarantees and security

We cannot guarantee that data exchange between your device and our servers are exchanged confidentially

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Consent to Use of Data

You agree that Tambuaa, may collect and use technical data such as Your IP address, device ID, usage data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of the Tambuaa service, updates, product support and other services to you related to the Tambuaa Apps.

You further agree and guarantee that, your usage of the service, means that you have opted in to participate in the Enhanced Search functionality, and therefore, we may collect, use and share certain information regarding the contacts contained in Your device's phone book ("Contact Information") with other Users in order to provide the Services. By allowing Contact Information to be collected, You give Tambuaa a right to use that Contact Information as a part of the Service and you guarantee that you have any and all permissions required to share such Contact Information with us. You may opt-out to prevent the sharing of Contact Information at any time by uninstalling the service.

In order to access and use the features of the Service, You expressly acknowledge and agree that in order to provide the Service, Tambuaa may periodically access your contact list, SMS database, location and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Tambuaa to access your contact list, SMS database, locational information and/or address book for mobile phone numbers in order to provide and use the Service. You must notify Tambuaa immediately of any breach of security or unauthorized use of your mobile phone. Although Tambuaa will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tambuaa or others due to such unauthorized use.

Tambuaa Access

  1. Subject to your compliance with these Terms of Service, Tambuaa hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Tambuaa's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.
  2. You agree that, Tambuaa reserves the right to occasionally send you advertisement unsolicited or otherwise from our customers.
  3. You expressly acknowledge and agree that in order to provide the Service, Tambuaa may periodically access your SMS database, location, contact list and/or address book on your mobile device and upload it to a shared contact list on the internet. You hereby give your express consent to Tambuaa to access your contact list, SMS Database, Locational information and/or address book for mobile phone numbers in order to provide and use the Service. You must notify Tambuaa immediately of any breach of security or unauthorized use of your mobile phone. Although Tambuaa will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tambuaa or others due to such unauthorized use.
  4. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Tambuaa servers in a given period of time than a human can reasonably produce in the same period by using a Tambuaa application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Tambuaa grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Tambuaa reserves the right to revoke these exceptions either generally or in specific cases. We disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Tambuaa clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.
  5. You agree not to spam, or solicit for commercial purposes, any users of the Service. You also agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that Tambuaa is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services.

Privacy and Information

The consolidated phonebook/contacts list generated from the information gathered from individual devices is examined and presented in the aggregate to other users of the service in accordance with Tambuaa's Privacy Policy.

Intellectual Property Rights

The design of the Tambuaa Service along with Tambuaa created text, scripts, graphics, interactive features and the like, trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Tambuaa, subject to copyright and other intellectual property rights under Kenyan and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Tambuaa reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes. Tambuaa permits you to link to materials on the Service for personal purposes only. Tambuaa reserves the right to discontinue any aspect of the Tambuaa Service at any time.

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TAMBUAA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS A RESULT, THE SERVICES ARE PROVIDED "AS IS" AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.

You understand and acknowledge that Tambuaa will not be liable for network-related problems attributable to the operation of the Services and that network configuration changes may affect the Services' performance.

Tambuaa makes no representation that the Services are available for use in any particular location. To the extent You choose to access the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT TAMBUAA SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, Tambuaa shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the Tambuaa Apps and cease use of the Services.

TAMBUAA SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK.

Tambuaa controls and monitors Content made available by the Users via the Services, but can nevertheless not guarantee its origin and correctness. Therefore, You accept that You via the Services may be exposed to information that is erroneous or otherwise objectionable. Tambuaa shall not be liable for the Content and other information disseminated or delivered through or in connection with the Services. You agree that You shall bear all risks associated with the use of such information.

Indemnity

You agree to defend, indemnify and hold harmless Tambuaa and officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Tambuaa Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that data gotten from your device caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Tambuaa Service.

Support

Tambuaa strives to provide adequate and efficient technical support, upgrades and updates for the Services. Tambuaa shall not, however, be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.

Termination

Your right to use the Services continues until these Terms are terminated. Tambuaa may terminate them and Your use of the Services at any time with or without advance notice. You may terminate them at any time by uninstalling the Tambuaa Apps and ceasing the use of the Services. These Terms will automatically terminate if You fail substantially to comply with them. Upon any termination, You agree to stop using the Services. Upon termination by You, or by Tambuaa due to Your breach of these Terms, You will not be refunded any part of the Services, license fees or other prepaid fees, if any. Upon termination by Tambuaa without cause, You will be refunded such prepaid fees following a written request by Yourself, provided a receipt for such fees and a clear payment instruction are included.

Any prepaid fees for the Services are connected to the User device as well as its phone number. Therefore, if You change device or its SIM-card, You cannot transfer the balance to a new device or SIM-card and no refund will be available in such cases. Tambuaa reserves the right, at its own discretion, to remove any remaining balance resulting from prepaid fees without any right of refund twelve (12) months from the purchase. No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.

Assignability

Tambuaa reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.

Additional and Changed Terms

As Tambuaa provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. Tambuaa reserves the right to modify the Services and these Terms at any time by providing revised Terms to the User or by publishing the revised Terms on our the website http://www.tambuaa.com. In case of material changes, the User shall always be notified thereof via publication on the Tambuaa website. If You choose to terminate the Services, You will be refunded any prepaid credits or other prepaid fees, following a written request by Yourself, containing a receipt for any such fees and a clear payment instruction. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at www.Tambuaa.com.

General

These Terms of Service shall be governed by the laws of Kenya. Any claim or dispute between you and Tambuaa that arises in whole or in part from the Tambuaa Service shall be decided exclusively by a court of competent jurisdiction located in Kenya. These Terms of Service, together with the Privacy Policy at http://www.Tambuaa.com/legal/#Privacy and any other legal notices published by Tambuaa, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Tambuaa concerning the Tambuaa Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Tambuaa's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Tambuaa reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service as published on our website http://www.tambuaa.com for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Tambuaa Service. Your continued use of the Tambuaa Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TAMBUAA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TAMBUAA SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.