/ Terms of use

Terms of Use

1. Introduction

Welcome to Tuuze. By accessing www.tuuze.co.ke, you are agreeing to the following terms. These Terms of Use constitute a legally binding agreement between you and tuuze.co.ke and are effective as of 29 February 2017 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a Tuuze account and by otherwise accessing or using the Tuuze website, services, applications and tools, including posting an ad; or as otherwise indicated on our site, service, application or tool.

2. Using Tuuze

As a condition of your use of Tuuze.co.ke, you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • Be false or misleading;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Tuuze or the interests or property of Tuuze users; impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Tuuze;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access Tuuze and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the Tuuze site, services, applications or tools or Tuuze's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent bypass measures used to prevent or restrict access to Tuuze;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
  • post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
  • attempt to gain unauthorized access to Tuuze's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Tuuze website;
  • You are solely responsible for all information that you submit to Tuuze and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Tuuze either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Tuuze websites, services, applications or tools, we may, at our discretion, inform other Tuuze users that have been in contact with you and recommend that they exercise caution.

    3. Abusing Tuuze

    Tuuze and the Tuuze community work together to keep the Tuuze websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

    Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Tuuze if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Tuuze employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Tuuze or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Tuuze or use of Tuuze by users.

    4. Fees And Services

    Using Tuuze is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Kenyan Shillings, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Tuuze website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

    You are responsible for paying the Tuuze fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services.

    You acknowledge that your ads may be deleted from the Tuuze sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Tuuze users for any fees paid through use of our sites, services, applications and tools in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
  • If your ads went live with exposure on the Tuuze sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed into "edit" mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;
  • Please note that the above list is not exhaustive.

    5. Sending Emails And Messages

    The following content is prohibited to be included with specific reference to email and SMS messages sent using our email or SMS platform

    • Spamming and the sending of several identical messages
    • Hate messages or those which are intended to insult
    • Messages referring to illegal, racist, sectarian, paedophile practices (this list is not exhaustive)

    6. Content

    Tuuze contains content from us, you, and other users. You agree not to copy, distribute or modify content from Tuuze without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Tuuze. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Tuuze (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools that are part of the global Tuuze community, such as Tuuze or our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

    Tuuze may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Tuuze ad during the time your ad is on the Tuuze site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Tuuze's sole discretion.

    You may not have the opportunity to review all of the supplemental data before posting an ad. Tuuze is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Tuuze policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

    7. Infringement

    Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Tuuze by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Tuuze.

    Reporting an infringement:

    In order to participate in the Notice of Infringement Programme, you only need to complete a contact Form and send it to Tuuze. You can use this form, complete with your contacts, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Tuuze to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Tuuze via the e-mail address provided.

    Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Tuuze users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using Tuuze Help.

    8. Liability

    Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

    In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

    You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

    9. Release

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

    10. Third party rights

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

    11. Personal Information

    By using Tuuze, you agree to the collection, transfer, storage and use of your personal information by Tuuze on our servers. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

    12. Resolution of Disputes

    If a dispute arises between you and Tuuze, we strongly encourage you to first contact us directly to seek a resolution by going to the Tuuze Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    13. General

    These terms and the other policies posted on Tuuze constitute the entire agreement between Tuuze and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    This Agreement shall be governed and construed in all respects by the laws of Kenya. You agree that any claim or dispute you may have against Tuuze.co.ke must be resolved by the courts of Kenya. You and Tuuze both agree to submit to the exclusive jurisdiction of the Kenyan Courts;

    If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

    Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to info@tuuze.co.ke. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received ten days following the date of mailing.

    We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Tuuze website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

    For any help with using Tuuze please see the Tuuze Help page.

    14. user submissions

    Other than the content you own, under these Terms, Tuuze and/or its licensors own all the intellectual property rights and materials contained in this Website.

    15. Online Transactions

    Tuuze Online Transaction Processing Service offers certain transactions to be done through the Platform's website. All such transactions are subject to Tuuze’s website Terms and Conditions as well as Online Transaction Terms And Conditions which are incorporated herein by reference. Tuuze may vary these terms and conditions from time to time without notification and it is your responsibility to ensure that you are familiar with them.