Bongofree.com Terms and Conditions

The following explains the terms on which Bongofree.com offers you access to our services.

Introduction

Welcome to Bongofree.com. These Terms and Conditions apply to the services available from the domain and sub-domains of http://www.bongofree.com and other Bongofree.com branded websites provided for UK, East Africa, and worldwide users, (together, the "Site"). If you reside in the UK, Tanzania, or another country you are contracting with Bongofree.com & Bongofree LTD registration no 6555554 of Cambridge, CB4 1QN, UK and branch P.O.BOX 100147 , Dar-Es-Salaam, Tanzania, registration no 66904. In these Terms and Conditions, all Bongofree.com contracting parties are known as "Bongofree.com ", "we", "us" or "our".Your use of our services is governed by the following terms and conditions, (together, these “Terms and Conditions”.). Before you can become a member of Bongofree.com, you must read and accept all of the “Terms and Conditions”. You should read through all the terms carefully. These “Terms and Conditions”. constitutes a legally binding agreement between you and Bongofree.com.These “Terms and Conditions” are valid from 1 April 2008 and is effective upon acceptance for all users.

Using Bongofree.com

You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your Bongofree.com membership has been suspended.While using the Site, you will not:

1. post, list or upload content or items in inappropriate categories or areas on the Site;
2. breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;breach our policies, including, without limitation, the no unlawful or prohibited items use

1. fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item, a clear typographical error is made, or you cannot authenticate the seller's identity;
2. fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
3. manipulate the price of any item or interfere with other users' listings;
4. circumvent or manipulate Bongofree.com fee structure, the billing process, or fees owed to Bongofree.com;
5. post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
6. take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non Bongofree.com sites, or using it for purposes unrelated to Bongofree.com);
7. transfer your Bongofree.com account (including feedback) and User ID to another party without our express consent;
8. distribute or post spam, chain letters, or pyramid schemes;
9. distribute viruses or any other technologies that may harm Bongofree.com, or the interests or property of Bongofree.com users;
10. copy, modify, or distribute Bongofree.com copyrighted works or trademarks, or other content from the Site, without our express consent; or
11. harvest or otherwise collect information about users, including email addresses, without their express consent.

If you are registering with Bongofree.com as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Bongofree.com, you must comply with all applicable laws relating to online trading.We will commence supplying our services to you as soon as you accept these “Terms and Conditions”. Unless you and Bongofree agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection "Distance Selling" Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

Misuse Bongofree.com

Bongofree.com community work together to keep the site working properly, and the community safe. Please report problems, offensive content, and policy breaches to us.We Bongofree.com will together to make safe for all users If you believe that your rights have been infringed, please notify us will investigate the matter and find solution.Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the site ‘including, without limitation, by cancelling bids and removing listings and other hosted content’, warn the Bongofree.com community not to transact with you and/or take technical and legal steps to stop you from using the Site if:

1. we think that you are creating problems “including, without limitation, by harassing Bongofree.com staff or other users” or exposing us or another Bongofree.com user to financial loss or legal liabilities;
2. we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
3. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
4. you earn a net feedback rating of -5.

We also reserve the right to cancel unconfirmed accounts.You agree not to hold Bongofree.com responsible for any loss you may incur as a result of Bongofree.com taking any of the actions described above.

No spam

We do not tolerate spam unsolicited commercial communications. Please set your Bongofree.com notification preferences so we communicate to you as you prefer. You may not add other Bongofree.com users, even a user who has purchased an item from you, to your mailing list "e-mail or physical mail" without their consent.You may not use our communication tools to send spam or otherwise send content that would breach our “Terms and Conditions”. We filter and automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. If you send an email to an email address that is not a registered Bongofree.com email address belonging to Bongofree.com member, we do not permanently store that email or use that e-mail address for any marketing purpose. We do not rent or sell these email addresses.To report spam from other Bongofree.com users, please contact abuse@bongofree.com

Using information about other Bongofree.com users

Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

1. Bongofree.com -transaction-related purposes that are not unsolicited commercial communications
2. using services offered through Bongofree.com; and
3. other purposes that a user expressly agrees to.

Fees

Joining Bongofree.com and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged which we may change from time to time. Changes to the fees will take effect 21 days after we notify you of them either by email, or by a posting on the site announcements board. We may choose to temporarily change the fees for our services for promotional events (for example, "free listing days/offer") or new services, and such changes are effective when we post the temporary promotional event or new service on the Site Unless otherwise stated, all fees are payable in US dollars, GB sterling pound, and Tanzania shilings. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. “This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.” You agree that we may issue you with invoices in electronic format by e-mail.

Content licence

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable “through multiple tiers” right to exercise the copyright, trademarks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. “We need these rights to host and display your content.”

Liability

Nothing in this "Terms of Conditions" shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.You will not hold Bongofree.com responsible for other users' actions or inactions. Although Bongofree.com is often referred to as an online auction web site, you acknowledge that we are not a traditional auctioneer. Instead, the site is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of anything listed or sold through the site.We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold Bongofree.com responsible for the actions or inactions of buyers or sellers involved in transactions “whether such transactions are carried out on or off Bongofree.com” or for ensuring that they actually complete transactions.We have no control over, do not guarantee, and you will not hold us responsible for:

1. the quality, safety or legality of items advertised;
2. the truth or accuracy of listings;
3. the truth or accuracy of feedback or other content posted by users on the site;
4. the ability of sellers to sell items;
5. the ability of buyers to pay for items; or
6. whether a buyer or seller will actually complete a transaction.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the site.You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the site.Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Bongofree.com cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the site.We cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Discharge

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and interference

The Site contains robot exclusion headers. Most of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Bongofree.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.In addition, you agree that you will never:

1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of Bongofree.com and the appropriate third party, as applicable;
3. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
4. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the Bongofree.com policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers server located in the New York, United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by option-out to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Bongofree.com private policy. If you object to your information being transferred or used in this way please do not use our services.

Compensation

You agree that you will only use the Site in accordance with the terms and conditions set out in these terms and conditions. You will compensate us in full for any losses or costs “including reasonable legal fees” we incur arising from any breach by you of these “Terms and Conditions”.

Notices

Notices sent to you by e-mail shall be believed to have been received by you 36 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.

Third party rights

A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party specified in these Terms and Conditions or which exists or is available apart from that Act.

Governing law and dispute resolution

These “Terms and Conditions” shall be governed by and construed in accordance with English law & Tanzanian law or any applicable International law. You and Bongofree.com both agree to submit to the non-exclusive jurisdiction of the English & Tanzanian Courts or International Courts.If a dispute arises between you and Bongofree.com, we strongly encourage you to first seek a resolution by contacting support@bongofree.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.The following policies are part of these “Terms and Conditions” and related to specific services offered on the site. Please READ all of the followings information section (1- 4) carefully:

No unlawful or prohibited items use

1. Bongofree.com does not permit the listing of erotica or sexually oriented materials.
2. Bongofree.com does not allow sale of stolen property of any kind. The sale of stolen property is strictly forbidden on bongofree.com and breaches UK, Tanzania and international law therefore we strongly supports law enforcement efforts to recover stolen property that is listed on our website, and urges the prosecution of those responsible for knowingly attempting to sell such items on our site.
3. Firearms cannot be listed on Bongofree.com firearms are against the in UK & Tanzania and international as well. Firearms include all component parts of a firearm, sporting, collectible, curio & relic, signalling pistols, and antique firearms, regardless of their capability to fire a shot. Any item that is designed to discharge any shot, bullet or other missile is covered by this ban, regardless of that item's present ability to fire.
4. Do not list unauthorised “such as pirated, duplicated, backup, bootleg, and etc” copies of software programmes, video games, music albums, movies, television programmes, or photographs on Bongofree.com.

Policy amendment

Each Any of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into these “Terms and Conditions”.

General

If any provision of these “Terms and Conditions” is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.In our sole discretion, we may assign these “Terms and Conditions” to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign these “Terms and Conditions” on the same terms or terms that are no less advantageous to you.Section headings are for reference purposes only and do not limit the scope or extent of the sections.Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.We may amend these “Terms and Conditions” at any time either by e-mail, via or by posting the amended terms on the site. Except as stated elsewhere in these Terms and Conditions, all amended terms shall automatically be effective 21 days after they are initially posted on the site. These Terms and Conditions may not be otherwise amended except in a writing signed by you and us.These “Terms and Conditions” forth the entire understanding and agreement between us with respect to its subject matter.If you have any questions about this “Terms and Conditions”, please to contact policy@bongofree.com