You guarantee that you are at least 18 years old
We cannot guarantee that data exchange between your device and our servers are exchanged confidentially.
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.
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.
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.
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.
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.
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.
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.
Tambuaa reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.
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.