DStv Webshop (BongoShop) TERMS AND CONDITIONS
DSTV WEBSHOP TERMS AND CONDITIONS
1.1 Welcome to https://bongoshop.dstv.com (the “Website”). These terms and conditions ("Terms") regulate use of the Website.
1.2 You must agree to these Terms if you wish to access and use the Website.
1.3 If you do not agree to these Terms you must immediately stop using this Website and delete any and all copies of the Website Content in your possession or under your control.
- Use of the Website
2.2 You must be at least 18 years to register on the Website. If you are under the age of 18 years, you must have the consent of your legal guardian to use the Website.
2.3 You must provide accurate and complete information as prompted by the electronic registration form, and promptly update such information if there are any changes.
2.4 After you complete the registration process, we will send you an email confirming your registration and will create your account.
2.5 You are responsible for use of your account and your password.
2.6 Registration grants you a non-transferable and revocable license to use the Website, subject to the Terms, for the purpose of purchasing the products. Commercial use or use on behalf of any third party is prohibited, unless with our prior written approval consent. In addition, you are not allowed, without our prior written approval, to perform any other act which we do not expressly give you permission to do in these Terms.
2.7 Any breach of the Terms shall result in the immediate revocation of the license granted in this paragraph, without notice to you.
2.8 We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of this Website or any of the Website Content or your right to use this Website or any of the Website Content.
We offer the Products specified in the Product Catalogue for sale. Sale of the Products is subject to availability.
4.1 The price of the Products will be as set out in the Product Catalogue in force at the time that you create your Order.
4.2 Our prices may vary and change at any time, but price changes will not affect Orders which we have accepted.
4.3 If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order.
5.1 Our shopping pages will guide you through the steps you need to take to place an Order with us.
5.2 Once you have successfully created an Order, we will provide you with an Order number for tracking and reference purposes and send you an email acknowledging that we have received your Order.
5.3 Our acceptance of the Order is conditional upon our receipt of your payment and dispatch of purchased products to you. We will confirm our acceptance to you by sending you an email confirming your Order ("Order Confirmation").
You can pay for the Products using the payment methods that we may make available on the Website at the time of your Order. In order for you to make use of a payment method, you may be required to agree to additional terms and conditions relating to the use of a particular payment method.
7.1 You will be able to choose your preferred delivery method at check-out. The prices of products exclude delivery costs.
7.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or where you collect the Products from one of our stores, and all risk and ownership in and to the Products will pass to you from the date of delivery.
8.1 Faulty Products
8.1.1 You may return any faulty Product(s) to us within twelve (12) months of delivery, provided that the Product is not physically damaged and is returned with the proof of payment together with all accessories and packaging. We will, in our sole discretion, elect to:
184.108.40.206 replace the faulty Product; or
220.127.116.11 refund the price of the Products in full, together with any applicable delivery charges.
9.1 To the fullest extent permitted by law, we shall not have any liability whatsoever in relation to this Website and the Website Content. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage ("Loss"), whether direct, indirect, special or consequential, arising from your use of the Website or the Website Content, or any actions or transactions resulting therefrom.
9.2 In addition, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of payment service, this Website or the Website Content for any reason whatsoever.
9.3 To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed the value of the Product(s) you purchase from us.
9.4 For the purposes of this clause 9, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
10.1 This Website and the Website Content is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Website Content.
10.2 We also make no warranty or representation, whether express or implied, that the Website Content is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software and you accept all risks in this respect.
10.3 You may also not rely on any warranty or representation, which allegedly induced you to agree to these Terms, unless the representation or warranty is recorded in these Terms.
11.1 All Intellectual Property Rights in the Website, Website content, Website design, all software compilations and the underlying source code shall remain our property.
11.2 You will not acquire any right, title or interest in or to this Website, Website Content, Website design, software compilations or the underlying source code other than those rights expressly granted to you in these Terms.
11.3 Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event.
12.2 A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster,failures and fluctuations in electrical power or communications.
12.3 If a Force Majeure Event takes place that affects the performance of our obligations under these Terms:
12.3.1 we will contact you as soon as reasonably possible to notify you of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
12.4 You may cancel an Order affected by a Force Majeure Event where delivery has not taken place within 30 days after we accepted and confirmed the Order. To cancel please contact us.
13.1.1 Any notices sent to us under these Terms, including legal notices, must be delivered to us at any one of the following addresses:
By hand or post: MultiChoice Tanzania Limited, Plot 964, Ali Hassan Mwinyi Road, Dar es Salaam, P.O.Box 8933, Dar es Salaam
18.104.22.168 By email: firstname.lastname@example.org with a copy to email@example.com
13.2.1 Any notices we send to you under these Terms, including legal notices, will be delivered to the address you provided upon registration or any other address which you have given us proper notice about. If you change addresses but do not tell us you agree that you will accept notices, including legal notices, at the address which you provided at registration.
13.2.2 If you chose email as your preferred method of communication at registration, you agree that we may deliver notices, including legal notices, to your email address.
13.3.1 As far as the law allows, we both agree that any notice delivered under these Terms is treated as being received:
22.214.171.124 on the date of delivery, if delivered by hand to the physical address;
126.96.36.199 10 days after posting, if sent by ordinary mail to a postal address;
188.8.131.52 on the first business day after sending an email;
184.108.40.206 at 09h00 on the first business day after sending a SMS to your mobile number.
14.1 We may send you notices from time to time about marketing offers, newsletters or other information which we may deem to be relevant or interesting to you, if you opt to receive such information during the registration process.
14.2 You may unsubscribe from these communications at any time, by following the unsubscribe link in the communication.
15.1 We may at any time amend these Terms in writing, from time to time. Changes will be effective when posted on the Website, with no further need for notice. Please check these Terms regularly for updates. Your continued use of the Website following the posting of changes to these Terms constitutes your acceptance of those changes.
17.1.1 You shall not cede, assign or transfer any of your rights and obligations in these Terms without our prior written consent.
17.1.2 We are entitled to cede, delegate, assign or transfer any or all of our rights and obligations in these Terms or an Order without your prior written consent and without notice to you.
18.1 Any dispute arising between the Parties relating to or arising out of this Agreement which cannot be settled amicably will be referred to arbitration for final settlement. The arbitration would be conducted within the following framework:
18.1.1 The place of arbitration shall be Dar es Salaam, Tanzania;
18.1.2 The language of arbitration shall be English;
18.1.3 The arbitral tribunal shall consist of one arbitrator appointed by agreement between the Parties;
18.1.4 The procedure to be followed by the arbitral tribunal shall be determined by agreement of the Parties
18.1.5 Where the parties fail to agree as to the composition or procedure of the arbitral tribunal, either party may refer the dispute to the courts of the Republic of Tanzania for adjudication.
- Governing Law and Jurisdiction
19.2 Subject to Clause 18, the Parties hereby consent and submit to the non-exclusive jurisdiction of the Courts in the Republic of Tanzania.
- General Provisions
20.1 These Terms make up the whole agreement between you and us relating to the use of the Website. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise that is not written in these Terms.
20.2 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
20.3 Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.
In these Terms the following words and phrases have the meanings set out below:
21.1.1 "Order" means your online order for the Products on the Website;
21.1.2 "Products" means the hardware products available for sale as contained in the Product Catalogue on the Website;
21.1.3 "Product Catalogue" means the online product catalogue containing details and prices of products;
21.1.4 "we", "our", "us" means MultiChoice Tanzania Limited (registration number 32563), a company duly incorporated in accordance with the laws of the Republic of Tanzania, with its principal place of business at Plot 964, Ali Hassan Mwinyi Road, Dar es Salaam and of P.O. Box 8933, Dar es Salaam
21.1.5 "Website" means this website which is accessible at URL https://bongoshop.dstv.com or any other URL used by us from time to time for this purpose;
21.1.6 "Webshop" means the DStv online shop on the Website where you can purchase the Products;
21.1.7 "you" and "your" means any customer who registers on the Website.