Terms of Service

1. Acceptance of Terms

Welcome to HAPA ("we," "our," or "us"). By accessing or using our website, mobile application, or any of our services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Platform.

These Terms constitute a legally binding agreement between you and HAPA Tanzania Limited, a company registered in Tanzania. By using our Platform, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Definitions

3. User Accounts

3.1 Account Creation

To access certain features of the Platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Types

We offer different account types with varying features:

• Customer Account: Free account for browsing and booking
• Property Owner Account: Requires subscription to list properties
• Vendor Account: Requires subscription to offer services

3.3 Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or misuse the Platform.

4. Services

4.1 Platform Services

HAPA provides a platform that:

• Enables Property Owners and Vendors to list their offerings
• Allows Customers to discover and book event spaces and services
• Facilitates communication between parties
• Processes payments securely
• Provides customer support

4.2 No Agency Relationship

HAPA acts solely as an intermediary platform. We are not party to any agreements between Customers and Property Owners/Vendors. We do not own, control, or manage any properties or vendor services listed on the Platform.

5. Bookings & Payments

5.1 Booking Process

When you make a booking:

• You submit a booking request to the Property Owner/Vendor
• The Property Owner/Vendor may accept or reject your request
• Once accepted, you must complete payment to confirm the booking
• You receive confirmation and booking details via email

5.2 Payment Terms

All payments are processed through our secure payment system. By making a payment, you agree to:

• Pay all fees associated with your booking
• Provide valid payment information
• Pay our service fees (transparently displayed before booking)
• Accept that all prices are in Tanzanian Shillings (TZS)

5.3 Cancellation Policy

Individual listings may have custom cancellation policies. Always review the specific cancellation policy before booking.

5.4 Refunds

Refunds are processed according to the applicable cancellation policy. Refunds may take 5-10 business days to appear in your account, depending on your payment method.

6. Property & Vendor Listings

6.1 Listing Requirements

Property Owners and Vendors must:

• Provide accurate and complete information about their listings
• Upload high-quality, representative photos
• Maintain up-to-date availability calendars
• Respond to booking requests within 24 hours
• Honor confirmed bookings
• Comply with all applicable laws and regulations

6.2 Subscription Plans

Property Owners and Vendors must maintain an active subscription to keep their listings visible. Subscription fees are non-refundable except as required by law.

6.3 Listing Approval

We reserve the right to review, approve, reject, or remove any listing that violates these Terms or our quality standards.

6.4 Prohibited Listings

You may not list:

• Properties you don't own or have permission to rent
• Properties that violate zoning or safety regulations
• Services you cannot legally provide
• Misleading or fraudulent listings

7. User Conduct

When using the Platform, you agree NOT to:

• Violate any laws or regulations
• Infringe on others' intellectual property rights
• Post false, misleading, or fraudulent content
• Harass, threaten, or abuse other users
• Attempt to circumvent our payment system
• Use automated systems (bots) to access the Platform
• Scrape or copy content from the Platform
• Interfere with the Platform's functionality
• Impersonate another person or entity
• Transmit viruses or malicious code

8. Intellectual Property

8.1 HAPA's Rights

All content on the Platform, including logos, trademarks, text, graphics, and software, is owned by or licensed to HAPA and is protected by intellectual property laws.

8.2 User Content

By posting content on the Platform (photos, descriptions, reviews), you grant HAPA a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content on our Platform and marketing materials.

8.3 Copyright Infringement

If you believe content on our Platform infringes your copyright, please contact us at legal@hapa.co.tz with details of the alleged infringement.

9. Limitation of Liability

9.1 Disclaimer of Warranties

We do not guarantee that:

• The Platform will be uninterrupted or error-free
• Defects will be corrected
• The Platform is free from viruses or harmful components
• Listings are accurate or available
• Users will fulfill their obligations

9.2 Limitation of Damages

To the maximum extent permitted by law, HAPA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

9.3 Maximum Liability

Our total liability for any claims arising from your use of the Platform shall not exceed the amount you paid to HAPA in the 12 months preceding the claim, or TZS 100,000, whichever is greater.

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting our support team. Upon termination:

• Your access to the Platform will be disabled
• Active bookings will remain valid
• Subscription fees are non-refundable
• Some data may be retained as required by law

10.2 Termination by HAPA

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Repeatedly receive negative reviews or complaints
• Fail to pay required fees
• Provide false information

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the United Republic of Tanzania.

11.2 Dispute Resolution Process

In the event of a dispute:

1. Contact our support team to attempt informal resolution
2. If unresolved within 30 days, disputes may be escalated to mediation
3. As a last resort, disputes will be resolved through arbitration in Dar es Salaam

11.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or collective proceedings.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via:

• Email notification to your registered email address
• Prominent notice on the Platform
• In-app notification

Your continued use of the Platform after changes take effect constitutes acceptance of the new Terms.

13. Miscellaneous

13.1 Entire Agreement

These Terms constitute the entire agreement between you and HAPA regarding use of the Platform.

13.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

14. Contact Information