Terms of Use
FOREWORD
Our customers are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following terms of use with you in mind, as well as to protect our company’s good name. If you feel that certain terms need to be reviewed or have questions we would value your feedback on legal ( at ) beem (dot) africa
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
PLEASE READ THIS AGREEMENT CAREFULLY
In this agreement, “Beem” refers to Bongo Live Enterprise Ltd T/A Beem Africa., a Tanzanian limited liability company and its affiliate entities, with whom you are entering this agreement.
By checking on the “ACCEPT” checkbox or accessing and/or using the beem.africa web site or any web or mobile applications under beem.africa (‘properties’), you agree that you have read, understand and accept all of the terms and conditions below for all use of the services.
If you do not agree to these terms and conditions you may not use the beem.africa website or associated applications. Any use past the registration or sign up page shall automatically bind the user to this agreement. If you do not agree to the terms and conditions OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, you SHOULD CLOSE THE BROWSER WINDOW, TERMINATING THE REGISTRATION PROCESS WILLFULLY, AND AGREE TO STOP ALL USE OF THE SERVICE.
These terms and conditions are a binding and enforceable service agreement against all persons that access any part of the PROPERTIES.
Interpretations and Definitions
PROPERTIES – encompasses both the website located at beem.africa and any webpage, software application, mobile application, web application, element or part thereof, as owned and operated by BEEM.
BEEM – its subsidiaries, affiliates, owners and shareholders of beem.africa PROPERTIES.
API – Application Programming Interface
User – refers to any person or entity who enters or uses the PROPERTIES, not withstanding the fact that such person only visits the home page of the beem.africa website. Hyperlinks herein should be deemed to be part of these terms and conditions.
Services – The Service consists of a browser interface, application, marketing portal, SMS gateway, SMS APIs, Payment Notification APIs, Payment Applications, Airtime Gateway, Airtime API, Moja Chat Platform, Chatbots, USSD Gateway, USSD API, access, data encryption, data transmission, data-access and data storage.
“User” means the authorized actual person who has purchased or signed up for the Beem products.
“Data” means all information that User submits or collects via the Beem Products and all materials that User provides or posts, uploads, inputs or submits for public display through the Beem Products.
“Applicable Financial Laws” – relating to the prevention of corruption, money laundering and the financing of terrorism
“Applicable Communication Laws” – The Electronic and Postal Communications Act, 2010 (Act No. 3/10) and The Cybercrimes Act, 2015.
“Sanctions and Trade Law” – Applicable Law relating to trade control and economic sanctions such as those of the United Kingdom, European Union, the United States of America and other relevant countries.
“Email” – system for sending messages to one or more recipients via telecommunications links between computers using dedicated software or a web-based service
“Prohibited Transaction” means, among other things, any transaction (including any act of omission, commission, assistance to another, or aiding and abetting in furtherance of the transaction) that involves knowingly or negligently receiving, transferring, transporting, retaining, using , structuring, diverting, or hiding the proceeds of any criminal activity whatsoever, including drug trafficking, fraud, or the engaging in any transfer of funds or financial transaction to promote such an activity, including making a Prohibited Payment to a Government Official; knowingly or negligently engaging or becoming involved in, financing or supporting financially or otherwise, sponsoring, facilitating, or giving aid or comfort to any terrorist person, activity or organization; or a Designated Party;
“We”, “us”, “our”, and “Beem” means Bongo Live Enterprise Ltd T/A Beem Africa.
“You” and “User” means the party, other than Beem, entering into this Agreement and using Beem PROPERTIES.
About BEEM Services
BEEM is a Communications Platform as a Services (CPaaS). Our customers/Users are companies that integrate our Services into their business operations through their own software applications (via API) or using BEEM Engage Portal (“Customer User Portal” or “CUP”), our website interface. By using our cloud communications platform, our customers are able to send or exchange their communications with their end users using different communication channels (for example, SMS, USSD, Airtime etc). We are not in direct relationship with our customers’ end users, so we distribute these communications through telecom operators and other communications providers.
Eligibility
You must be at least 18 years old to be eligible to use any of BEEM services. If you are at least 15 years old but younger then 18, you may use the BEEM services if you have your parents’ or guardians’ prior permission. No one under age 15 may use the BEEM services under any circumstances. By checking the “ACCEPT” checkbox you are representing that you are at least 18, or that you are at least 15 years old and have your parents’ permission to register for the services.
Use of Site
BEEM licenses the User to view, download, save and print the content of the PROPERTIES, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view, download, save and print this agreement for legal and/or evidential purposes. Content from the PROPERTIES may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of BEEM.
If any User uses content from the PROPERTIES in breach of any part of the Terms and Agreements, the following rights are given.
1. BEEM reserves the right to claim damages from the User; 2. BEEM reserves the right to institute criminal proceedings against the User; and 3. BEEM shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
No person may use or attempt to use any technology or applications (including web crawlers, injection, robots or web spiders) to search, collect or copy content from the PROPERTIES for any purpose whatsoever, without the prior written consent of BEEM.
E-mail addresses, names and telephone numbers and any other data published on the PROPERTIES may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the PROPERTIES may be used to communicate unsolicited communications to BEEM.
User Account and Password
In order to open an account with BEEM, the ‘USER’ must complete the registration process by providing BEEM with current, complete and accurate information as prompted by the registration page. Inaccurate, false or misleading details will result in suspension. The User will also choose a password along with a username/email/mobile number. The User is entirely responsible for maintaining confidentiality with regard to its password and any account information. The User is responsible for all activity, which occurs in their account. BEEM will not be held liable for actions taken with respect to services offered and/or any third party claims.
The User agrees to notify BEEM immediately of any breach of security, or any unauthorized use of its account.
Security
BEEM shall take all reasonable steps to secure the content of the PROPERTIES and the information provided by and collected from Users from unauthorized access and/or disclosure. However, BEEM does not make any warranties or representations that content shall be 100% safe or secure.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spyware, to the PROPERTIES or the server and computer network that support the PROPERTIES.
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the PROPERTIES, whether on purpose or negligently, shall, without any limitation, indemnify and hold BEEM harmless against any and all liabilities, damages, risks and losses that BEEM and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.
Users may not develop, distribute or use any device or program designed to breach or overcome the security measures of the restricted pages, products and services on the PROPERTIES and BEEM reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.
User & Data Privacy
BEEM will not edit, monitor or disclose any personal information about the User or their account which includes its contents, without the User’s prior permission unless such action is necessary to: (1) conform to legal requirements or comply with legal orders, (2) defend and protect the property or rights of BEEM, (3) enforce this Service Agreement or protect BEEM business or reputation, (4) respond to request for identification in connection with claim of trademark or copyright infringement by the User, (5) or a claim by a third party that a User is using the service in any prohibited manner.
The User agrees that BEEM may access its account, including its contents for reasons above and to attend to technical issues and/or servicing.
The user grants BEEM the right to send communication via e-mail, sms and or other communication channel regarding company notices, updates, upgrades or information BEEM deems important for its users to be notified about regarding the BEEM service.
The comprehensive Beem Data Protection and Privacy Notice can be read here.
User Code of Conduct
Any unauthorized commercial use of the Service is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the service. By way of example, and not as a limitation, the User agrees not to:
1. Use the Service in connection with junk SMS/WhatsApp/USSD messages, spamming or any unsolicited messages (commercial or otherwise) on any communication channel.
2. Harvest or otherwise collect information about others, including email addresses, without their consent;
3. Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
4. Transmit material through the Service, associate with the Service or publishing with the Service unlawful, grossly offensive, libelous, defamatory, scandalous, threatening, harassing activity, blatant expressions of bigotry, prejudice, racism, hatred, excessive profanity, obscene, lewd, lascivious, filthy, excessively violent or otherwise objectionable content.
5. Transmit any material that may infringe the intellectual property rights of authors, artists, photographers or other rights of third parties, including trademark, copyright without the express written consent of the content owner.
6. Transmit any material that introduces viruses, Trojan horses, worms, time bombs; cancel bots, harmful code or deleterious programs on the Internet.
7. Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks.
8. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
9. Interfere with another user’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
10. Engage in any other activity that BEEM believes could subject it to criminal liability or civil penalty or judgment.
11. Display, provide, promote, sell or offer to sell the following products or content (or services related to the same): unlawful material/products in the location at which the content is posted or received, material that exploits children, or otherwise exploits children under 18 years of age, pornography or illicitly pornographic sexual products, escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, instructions on how to assemble or otherwise make bombs, grenades or other weapons.
12. Post or disclose any personally identifying information or private information about children without their consent (or their parents consent in case of a minor).
13. Post any content that advocates promotes or otherwise encourages violence against any government, organization, group or individual.
14. Provide instruction, information or assistance in causing or carrying out violence or harm.
15.Comply fully with all Applicable Financial Laws and Applicable Communication Laws.
16. Ensure that Prohibited Transactions are not conducted on or by using BEEM PROPERTIES or Services.
17. Ensure that mobile numbers and Emails are cleaned regularly to remove inactive recipients
18. Ensure that appropriate opt-in and opt-out mechanisms are in place for recipients at all times.
19. Comply with the following code of conduct regulated by the Mobile Marketing Association https://www.mmaglobal.com/policies/code-of-conduct
20. Transmission of any material that may be political focused, or deemed as political advertisement, is strictly prohibited. BEEM will also not be liable for any legal repercussion or refund.
In addition, BEEM reserves the right to prohibit the use of BEEM by any company or site in its sole discretion and/or suspend and/or terminate a service and/or this agreement due to Users conduct.
Fees, Validity, Payment & Refunds
Unless otherwise agreed in writing with BEEM, the User must purchase a pre-paid balance or hold a balance on their account to use BEEM Services. BEEM may suspend Services immediately upon consumption of the prepaid balance held on the USER account. USER shall be responsible for monitoring the pre-paid balance on the account.
In case of a monthly subscription service BEEM shall only provide the service until the validity of the pre-paid subscription or bundle. In case of a written post-paid agreement with BEEM, BEEM shall only provide the service until the duration stated in the agreement. USER shall remain liable for any outstanding payments for the subscription or bundle unless USER explicitly terminates the Service or Agreement in writing or cancels the subscription or bundle on the BEEM PROPERTIES within the agreed notice period.
SMS purchased are valid for only one year. Customer is advised to use all SMS in the year as this will not be rolled over
Payments may be made using any valid mechanism (including but not limited to Cash, Cheque, Bank transfer, Mobile Money or Credit/Debit Card ) displayed during the payment checkout process.
Payments and invoices once issued are non-refundable. .
In case of any system failures, human error and other system events that cause USER to be billed incorrectly BEEM may issue a refund to USER in the form of returned credit into the USER account.
BEEM reserves the right to change their pricing structure with notification to the User of such adjustments in writing, prior to such adjustments. Within this notification period the User may decide to continue with the service and the said increase, or terminate their use of BEEM services.
Termination, Cancellation or Suspension by BEEM
BEEM may terminate all or portions of offered services, disable your account or put your account on inactive status. This may happen anytime with or without cause, and with or without notice. BEEM shall have no responsibility or liability to you or any third party because of such action or termination.
If your User account is inactive for over 180 days, BEEM has sole discretion and right to permanently remove your account, including contact lists recent messages and any other information stored by BEEM. BEEM will attempt to contact you via the email address/mobile number you provided us, prior to taking any permanent actions in regards to removal. The User is free to terminate or cancel this Agreement at any time, and for any reason. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to legal (at) beem.africa
In the event that BEEM receives complaints from recipients or third parties with respect to the use of the Service, BEEM additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
Warranties
BEEM makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service. BEEM reserves the right to change or terminate the service and/or alter the terms and conditions of this Agreement at any time with 14 days notice.
Messages shall be deemed to have been delivered when BEEM delivers the messages to the immediate destination, including SMTP servers, mobile telephone networks, or any other intermediary server/API that is designated the point of delivery for the message. BEEM does not guarantee delivery on behalf of mobile telephone providers.
BEEM makes no guarantees on the availability and functioning of third party systems, including mobile network operators, aggregators, banks and other’ systems. BEEM provides extensive coverage to the majority of mobile network operators, yet Mobile Network Operators may opt to not be part of the BEEM network, resulting in undelivered messages.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL BEEM OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT BEEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BEEM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL VALUE OF FEES PAID TO THE USER UNDER THIS AGREEMENT.
Additional Limitations & Disclaimers
Without limiting the generality of the terms set forth, BEEM and its affiliates, agents, content providers, service providers, and licensors:
1. HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF BEEM PROPERTIES GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF BEEM PROPERTIES GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
2. SHALL IN NO EVENT BE LIABLE TO The USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY OR IN ANY ASPECT.
Indemnification
The User agrees to indemnify, defend and hold harmless BEEM and its employees, affiliates, officers, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys’ fees and disbursements) arising from or relating to (1) the use of the Service in any manner which violates the terms of this Service Agreement 2) any violation or failure by you to comply with all laws and regulations in connection with the Services (4) any content that you or anyone using your account may submit, post or transmit to the web site (3) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. BEEM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
Modifications to Terms and Conditions
BEEM frequently updates, modifies, and otherwise continually seeks to improve the BEEM services. BEEM shall have the right to change, modify and/or update the terms of this Agreement and to change or discontinue any aspect or feature of the BEEM service, in either case, as it deems reasonably necessary. The amended Terms and Conditions shall automatically be effective five days after they are initially posted on the web site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services.
Grant of Licenses
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Representations and Warranties
You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Miscellaneous
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Beem. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
FORCE MAJEURE
BEEM shall not be liable for its inability in performing any of its obligations or provide its Services if caused by or arises as a result of including, without limitation, inability or delay caused through acts of God, fire, flood, riot, industrial dispute of any kind, lightning, explosion, civil commotion, pandemic, malicious damage, storm, tempest, acts or omissions of other communications carriers, act of government or other regulatory authority, acts or omissions of persons or bodies for whom the Party affected thereby is not responsible, and any other circumstances beyond the reasonable control of BEEM.
DISPUTE RESOLUTION
In the event that any dispute has arisen and BEEM and USER (Party(ies)) have not been able to settle the same amicably, within thirty (30) days then, any Party may elect to commence arbitration. Such arbitration shall be referred to arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such agreement, each Party shall appoint its arbitrator and the two arbitrators shall appoint the Chairperson. The appointed arbitrator or one of the arbitrators can be an international arbitrator or domain expert recognized by the International Chamber of Commerce if mutually agreed by both parties.
A. Such arbitration shall be conducted at Dar es Salaam, Tanzania in accordance with the Rules of Arbitration Act, Cap 15 of the Laws of Tanzania.
B. The cost of the arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the Parties unless the arbitration award provides otherwise. Each Party shall bear the cost of preparing and presenting its case.
C. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the Parties hereto.
D. Pending final settlement or determination of a dispute, provided the Parties agreed, the Parties shall continue to perform their subsisting obligations hereunder.
Sanctions and Export Controls
Each Party in the context of this Agreement: (a) must comply with Sanctions and Trade Law; (b) may not cause the other Party or its Affiliates to directly or indirectly breach Sanctions or Trade Law; (c) must provide assistance, documentation, and information that the other Party reasonably requests regarding compliance with Sanctions and Trade Law; (d) must notify the other Party in writing promptly if it or its Affiliates become subject to relevant targeted Sanctions and Trade Law restrictions; and (e) not sub-contract or assign the benefit of the Services or re-export, re-sell or otherwise transfer any Services to restricted list countries or restricted list individuals except as licensed or otherwise authorized under this Applicable Law. Each Party has the right to terminate this Agreement for material breach without liability to the other Party if the other Party breaches this clause. Neither Party is required by the terms of this Agreement to be directly or indirectly involved in the provision of goods, technology, software or services that may be prohibited by this Applicable law.
GOVERNING LAW
This Agreement shall be governed, construed, and enforced in accordance with the laws of the United Republic of Tanzania, without regard to its conflict of laws rules.