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
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
Your use of Tinga.online services platform (collectively known as the
hereinafter) is subject to the terms and conditions
Equipment Listing Policy and other rules and policies of the sites that
Tinga.online may publish from time to time.
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.
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.
Provision of Services
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
You may also be required to avail relevant identification documents
in which event the availed information shall only be used for
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
Equipment subscribers are only allowed one account.
Any duplicate accounts under a different alias will be terminated
Users can access Tinga.online through computer or other
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.
Duty of Care and Indemnity
Members shall be required to present accurate equipment information
for listing purposes.
Not to pass off and/or use the services for fraudulent or illegal
gains including but not limited to unauthorised agency and brokerage
Not to use the site to engage in misleading or deceptive marketing
To at all times provide to us with complete and accurate contact details.
To take full responsibility and indemnify Tinga.online against any
claims arising out of any form of misrepresentation be it innocent,
negligent or criminal.
Payment of Subscription Fees
Members shall be required to make timely payment for their
particular subscription packages.
Members shall be required to respond within the shortest time
possible to equipment requests.
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.
Members to obtain and maintain insurance policies on the equipment
Duty of Care
Users shall be required to present accurate information when
requesting for equipment.
Users should expect random calls to ascertain validity of
Payment for Equipment
Users shall be required to make timely payment for equipment as
per the agreed payment plan with the member.
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.
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
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.
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.
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.
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.
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.
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.
This Agreement is governed in accordance with the laws of the
Republic of Kenya.
Tinga.online reserves the right to terminate your access to the
Services without the requirement of any advance notice.