Terms of Service

1. Acceptance of Terms

By accessing or using any part of the Service you confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You are at least 13 years of age (or the minimum age in your jurisdiction, if higher).
• You have the legal capacity to enter into a binding contract.
• You are not a person barred from using the Service under applicable law, including any applicable sanctions lists.

If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and in that case "you" refers to that entity.

2. About Bhaba

Bhaba is Tanzania's super marketplace platform. We provide a technology platform that connects:

• Buyers: individuals who browse, discover, and purchase products or services listed on the platform.
• Vendors: businesses or individuals who list and sell physical products on the platform.
• Service Providers: professionals and businesses who offer services (e.g. plumbing, tutoring, beauty, logistics) through the platform.

Bhaba Limited is a marketplace operator, not itself a buyer, seller, or service provider. We are not party to any contract formed between buyers and vendors/service providers. However, we may facilitate payments and provide dispute resolution as described in these Terms.

3. Eligibility

To use the Service you must:

• Be at least 13 years of age. Users aged 13–17 must have parental or guardian consent.
• Be able to form legally binding contracts under applicable law.
• Not have been previously suspended or removed from the Service.
• Comply with all applicable local, national, and international laws and regulations in connection with your use of the Service.

To register as a Vendor or Service Provider, additional eligibility requirements apply, including identity verification, provision of valid business registration documents (where applicable), and acceptance of our Vendor Addendum.

4. User Accounts

4.1 Registration

To access most features of the Service you must register for an account. You may register using an email address, phone number, or a supported social login (Google, Facebook). You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@bhabalimited.com if you suspect any unauthorised use of your account or any other security breach.

4.3 One Account per Person

Each user may maintain only one personal account. Creating multiple accounts to circumvent restrictions, bans, or policies is prohibited and may result in termination of all associated accounts.

4.4 Account Deletion

You may delete your account at any time from Settings → Account → Delete Account within the app, or by contacting us at support@bhabalimited.com. Account deletion is subject to Section 15 (Suspension and Termination) and our data retention obligations.

5. Buyer Terms

As a buyer on the Bhaba platform you acknowledge and agree that:

• Product and service listings are created and controlled by independent vendors and service providers. Bhaba does not manufacture, inspect, or certify products or services listed on the platform.
• Prices, availability, and product descriptions are set by vendors. While we take steps to ensure accurate listings, we cannot guarantee their accuracy.
• When you place an order you enter into a contract directly with the vendor or service provider, not with Bhaba.
• You are responsible for providing accurate delivery information. We cannot be held liable for delays or failed deliveries caused by inaccurate delivery details.
• You must be the authorised user of any payment method you use and must have sufficient funds to complete purchases.
• You agree not to misuse buyer protections, including making false or fraudulent claims or chargebacks.

6. Vendor and Service Provider Terms

6.1 Onboarding and Verification

To list products or services on Bhaba you must complete our vendor/service-provider onboarding process, which includes identity verification and, where applicable, submission of business registration documents. We reserve the right to accept or reject applications at our discretion.

6.2 Listing Obligations

• Listings must be accurate, complete, and not misleading.
• You must only list products or services you are legally authorised to sell.
• You are solely responsible for the quality, safety, legality, and fitness for purpose of your products or services.
• You must not list counterfeit, stolen, prohibited, or otherwise illegal goods or services. See Section 7 for prohibited items.
• You must honour all confirmed orders and maintain sufficient stock or capacity to fulfil listed products/services.

6.3 Fees and Commissions

Bhaba charges a commission on completed transactions. The applicable commission rates are communicated to you during onboarding and may be updated with notice. Payouts are processed to your registered mobile money or bank account on the schedule described in the Vendor Addendum.

6.4 Compliance

You must comply with all applicable Tanzanian laws and regulations, including consumer protection law, tax obligations (including VAT where applicable), and product safety regulations. You are solely responsible for your tax obligations arising from sales made through the platform.

7. Prohibited Conduct

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• List, sell, or purchase counterfeit, stolen, or otherwise illegally obtained goods or services.
• List prohibited items including but not limited to: firearms and ammunition, illegal drugs and narcotics, pornographic material, hazardous materials, live animals (without proper licensing), and any goods whose sale is restricted by Tanzanian law.
• Engage in fraud, including creating fake reviews, manipulating ratings, making false buyer-protection claims, or impersonating other users.
• Attempt to circumvent Bhaba's commission by conducting transactions off-platform with buyers you met through Bhaba.
• Harvest, scrape, or collect data from the platform without our written permission.
• Transmit spam, unsolicited communications, or malware.
• Interfere with, disrupt, or attempt to gain unauthorised access to the Service or its underlying infrastructure.
• Use the Service for money laundering, terrorist financing, or other financial crimes.
• Harass, abuse, threaten, or discriminate against other users, vendors, or Bhaba staff.
• Use automated bots, scrapers, or other non-human means to interact with the Service, unless expressly permitted by us in writing.

Violation of this section may result in immediate suspension or termination of your account and may be reported to relevant authorities.

8. Payments and Fees

8.1 Payment Methods

Bhaba accepts mobile money (M-Pesa, Tigo Pesa, Airtel Money) and debit/credit card payments. All prices are displayed in Tanzanian Shillings (TZS) unless otherwise stated.

8.2 Order Confirmation and Payment

Payment is collected at the time of order placement. Orders are confirmed once payment has been successfully verified. If your payment fails, your order will not be processed.

8.3 Pricing and Taxes

Prices displayed include applicable VAT where required by law unless otherwise stated. Delivery fees, if applicable, are shown at checkout before you confirm your order. Bhaba reserves the right to correct pricing errors at any time; if a pricing error affects an order, we will notify you before processing.

8.4 Vendor Payouts

After deducting applicable commissions, Bhaba disburses vendor proceeds on the payout schedule specified in the Vendor Addendum (typically within 3–7 business days of order completion). Payouts are subject to withholding for disputed transactions until disputes are resolved.

9. Delivery and Fulfilment

Delivery timelines and methods are set by individual vendors. Estimated delivery times displayed on listings are estimates only and are not guaranteed. Bhaba is not liable for delays caused by vendors, delivery partners, force majeure events, or inaccurate delivery information provided by buyers.

Risk of loss and title to goods pass to the buyer upon successful delivery confirmation. For digital or service-based transactions, fulfilment is deemed complete upon delivery of the digital item or completion of the agreed service.

If a delivery fails because of an incorrect address or the buyer's unavailability, re-delivery costs (if any) are the buyer's responsibility.

10. Returns, Refunds, and Disputes

10.1 Vendor Return Policies

Each vendor sets their own return and refund policy, which is displayed on their store page. You should review a vendor's policy before making a purchase.

10.2 Bhaba Buyer Protection

Regardless of the vendor's policy, Bhaba's Buyer Protection Programme may provide a refund if:

• You did not receive your order and tracking confirms non-delivery.
• The item received is significantly different from the listing description.
• The item arrived damaged due to poor packaging by the vendor.

To open a Buyer Protection claim, contact our support team within 7 days of the expected delivery date or within 7 days of receiving a damaged or incorrect item.

10.3 Dispute Resolution

Bhaba may, at its discretion, mediate disputes between buyers and vendors. Our decision in such disputes is final and binding on both parties. Fraudulent or bad-faith claims may result in account suspension.

11. Intellectual Property

The Bhaba name, logo, app design, website content, software, and all related intellectual property rights are owned by or licensed to Bhaba Limited. Nothing in these Terms grants you any right to use our trademarks, trade names, service marks, or logos without our prior written consent.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for personal, non-commercial purposes (for buyers) or for the purpose of selling your products and services on the platform (for vendors and service providers).

You must not: copy, modify, adapt, translate, reverse-engineer, decompile, or create derivative works of the Service; remove any copyright, trademark, or other proprietary notices; or use the Service in any manner not expressly permitted by these Terms.

12. User-Generated Content

The Service allows users to submit content including product listings, photos, reviews, ratings, and messages ("User Content"). You retain ownership of your User Content, but by submitting it you grant Bhaba Limited a worldwide, royalty-free, non-exclusive, perpetual licence to use, host, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with operating and promoting the Service.

You represent and warrant that:

• You own or have the necessary rights to submit the User Content.
• Your User Content does not infringe the intellectual property, privacy, or other rights of any third party.
• Your User Content is not false, misleading, defamatory, obscene, discriminatory, or otherwise unlawful.

We reserve the right to remove User Content that violates these Terms or our Community Guidelines at any time without notice.

13. Disclaimers and Limitation of Liability

13.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BHABA LIMITED DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or quality of product listings, vendor information, or any other content on the platform.

13.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BHABA LIMITED AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 90 DAYS PRECEDING THE CLAIM, OR (B) TZS 50,000.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bhaba Limited and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your User Content; (d) any transaction between you and another user or third party; or (e) your violation of any law or rights of a third party.

15. Suspension and Termination

We may suspend or terminate your access to all or any part of the Service at any time, with or without notice, if we reasonably believe that you have:

• Breached these Terms or any applicable law.
• Provided false or misleading information during registration or listing.
• Engaged in fraudulent, abusive, or harmful conduct.
• Received repeated negative buyer complaints or excessive refund requests.

Upon termination: your licence to use the Service immediately ceases; we may delete your account and User Content (subject to data retention obligations); and any outstanding orders or payouts will be handled in accordance with our policies at that time.

You may appeal a suspension by contacting us at support@bhabalimited.com. We will review appeals on a case-by-case basis.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United Republic of Tanzania, without regard to its conflict-of-law principles.

Informal resolution: before commencing formal proceedings, you agree to contact us at legal@bhabalimited.com and attempt to resolve the dispute informally within 30 days.

Formal proceedings: if the dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the competent courts of Dar es Salaam, Tanzania. If you are a consumer, you may also have rights to bring proceedings in the courts of your country of residence to the extent required by applicable law.

17. Changes to These Terms

We reserve the right to update these Terms at any time. When we make material changes we will update the "Last updated" date at the top of this page and, where required or appropriate, notify you by in-app notification or email. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Service. We recommend that you review this page periodically.

18. Contact Us

For questions about these Terms, to report a violation, or to seek legal assistance, please contact us: