Terms and Conditions

  1. Application and acceptance of terms and conditions

    This document is a legally binding agreement between you as the User(s) or Equipment Subscriber(s) / Members(s) of the site (referred to as “you”, “your” or` “User” hereinafter) and Tinga Online Limited.

    Tinga Online Limited is a limited liability company incorporated and with its offices within the Republic of Kenya and of care of Post Office Box 5225-00506 Nairobi, Kenya (hereinafter called “Tinga.online”) which expression shall where the context so admits include its successors in title and permitted assigns.

    1. Your use of Tinga.online services platform (collectively known as the ‘Services’ hereinafter) is subject to the terms and conditions contained in this Agreement as well as the Privacy Policy, Equipment Listing Policy and other rules and policies of the sites that Tinga.online may publish from time to time.
    2. You may accept the terms and use the Services in this platform only if you have capacity to contract under the Kenyan Law and you have attained the age of majority.
    3. You may also be required to enter into a separate agreement, whether online or offline with Tinga.online or affiliated parties to ensure a seamless and efficient engagement.
  2. Provision of Services

    1. To list equipment on Tinga.online, you must register your equipment either as an individual or a business. Follow the step-by-step guidelines provided by Tinga.online to ensure the process is executed correctly. Individuals or businesses that list equipment are also referred to as ‘Member(s)’.
    2. You may also be required to avail relevant identification documents in which event the availed information shall only be used for verification purposes.
    3. You shall only register an equipment for which you have ownership or have express authorisation by the owner. A written letter of authorisation and/or an agency agreement may be required for verification.
    4. Equipment subscribers are only allowed one account. Any duplicate accounts under a different alias will be terminated immediately.
    5. Users can access Tinga.online through computer or other hand-held devices.
    6. When a request is made, there is an automatic exchange of information. Both Members and Users will receive each other’s contact details via email and SMS, including requests made from the mobile app.
  3. Member Responsibilities

    1. Duty of Care and Indemnity

      1. Members shall be required to present accurate equipment information for listing purposes.
      2. Not to pass off and/or use the services for fraudulent or illegal gains including but not limited to unauthorised agency and brokerage services.
      3. Not to use the site to engage in misleading or deceptive marketing services.
      4. To at all times provide to us with complete and accurate contact details.
      5. To take full responsibility and indemnify Tinga.online against any claims arising out of any form of misrepresentation be it innocent, negligent or criminal.
    2. Payment of Subscription Fees

      Members shall be required to make timely payment for their particular subscription packages.

    3. Response Time

      Members shall be required to respond within the shortest time possible to equipment requests.

    4. Inspection

      Members should expect random equipment inspection from Tinga.online for verification and ascertaining the existence of the equipment and that they are in good working condition.

    5. Insurance

      Members to obtain and maintain insurance policies on the equipment as required.

  4. User Responsibility

    1. Duty of Care

      Users shall be required to present accurate information when requesting for equipment.

    2. Inspection

      Users should expect random calls to ascertain validity of equipment request.

    3. Payment for Equipment

      Users shall be required to make timely payment for equipment as per the agreed payment plan with the member.

  5. Exclusion of Warranties and Liability

    Tinga.online disclaims all warranties, expressed or implied, statutory or otherwise, including but not limited to implied warranties as to fitness for a particular purpose of an equipment or it being in good working condition.

    Both Members and Users will be solely responsible for any and all acts or omissions taken or made in reliance on the Services or the information in the Services, including inaccurate or incomplete information. It is expressly agreed that in no event shall Tinga.online be liable for any special, indirect, consequential, or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, loss of goodwill, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages. Tinga.online disclaims any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the Services.

  6. Access to information by Third Parties

    All Members and Users do authorize the access of any personal or proprietary information or data shared on Tinga.online website by other third parties for purposes of delivery of the Services or for purposes of obtaining information resources to develop, promote, and support our products and Services. The other third parties include but not limited to vendors, technology partners and marketing partners.

    In order to ensure continuity of our website, the integrity and availability of the information contained in our website, the information provided to us may be backed up or archived, and this may include the storage of information at facilities operated by our vendors. Finally, we may disclose information as we believe necessary to: (a) comply with the applicable laws and regulations, which may include disclosures made in response to any summons, document request, or other legal request seeking the disclosure of information that has been lawfully issued; (b) perform under and enforce the terms and conditions under which our Services are provided; (c) exercise Tinga.online’s legal rights in its products, services, and resources and to otherwise protect its assets; and (d) protect our rights, reputation, and property, or that of our Members, Users, affiliates, or the public. The information we obtain in connection with the Tinga.online’s website is not sold, rented, or otherwise disclosed to any person or entity except as this policy expressly states.

    We may use and disclose aggregated, non-personal information derived from our operations for a variety of development, promotional, communications, and other business purposes. If we wish to use your name, profile, likeness, or other personally identifiable information for promotional purposes or corporate communications, we will seek your permission before doing so.

  7. Disclosure of Conflict of Interest

    You shall not use any information given by us in the course of our engagement for any proprietary interests, or to gain any unfair advantage over us, in any case where you become aware of being in a situation of conflict of interest you must fully disclose such interest for consideration by our management before undertaking any engagement with us.

    In the event where you become aware of being in a situation of conflict of interest in the course of your engagement with us, you must disclose such interest within two (2) calendar days of becoming aware of it.

  8. Insurance

    You shall obtain and maintain such policies of general liability, errors and omissions, and professional liability insurance with reputable insurance companies as is usually carried by persons engaged in your business covering the term of this Agreement.

  9. Alternative Dispute Resolution

    Should any dispute arise between the Parties hereto with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, the Parties to such dispute shall in the first instance attempt to resolve such dispute by amicable negotiation.

  10. Changes to this Agreement

    Tinga.online reserves the right to continuously modify these terms and conditions in order to suite the necessary requirements for delivery of the Services. We shall do so by posting and drawing attention to the updated terms on the website. Your continued visit to the website and usage of the Services after such changes have been made shall constitute your formal acceptance to the new terms and conditions. As such, we request that you check for any notifications and review this Agreement for such necessary changes on a regular basis.

  11. Conditions for Breach

    Tinga.online will not be deemed to be in violation of this Terms and Conditions unless you have first given us written notice specifying the nature of the default, and we have failed within thirty (30) days of receipt of the notice either to cure the default or, if cure within such period is not practicable, to be diligently proceeding to cure the default.

  12. Governing Law

    This Agreement is governed in accordance with the laws of the Republic of Kenya.

  13. Termination

    Tinga.online reserves the right to terminate your access to the Services without the requirement of any advance notice.

If you agree to be bound by the above terms and conditions, please click the “I agree” button on the form.