Terms of Use

Our Terms and Conditions were last updated on 1st Apr, 2023.

Please read these terms and conditions carefully before using Our Service.

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Tamasha Tenant” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Gundua Solutions Ltd (“Gundua Solutions Ltd”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Gundua Solutions Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.

1.0 Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of these Terms and Conditions:

1.3 What is Tamasha

1.3.1 Tamasha enables you to pay your rent and service charge with ease.

1.3.2 Tamasha eliminates the need to memorize Paybill or Bank Details.

1.3.3 Landlords, estate managers and agents benefit from fully automated invoices and reminders, real time reports and statements, payment notifications and alerts and the ability to pay your suppliers and staff with zero paperwork.

1.3.4 Tamasha also enables you to book a service technician, advertise, search and book a property

1.3.5 Tamasha works with 3rd party networks such as Safaricom, Airtel, Telkom and Sasapay to facilitate transactions by You.

1.3.6 Our unique split transaction feature enables real-time deductions of transaction fees eliminating the headache of collections.

2.0 Statements, Reports, Alerts, Reminders and Notifications

2.1 You may request for a statement or report in respect of your Tamasha account using the equipment

2.2 You will be notified of transaction on your Tamasha account by way of in-app messaging and or emails. SMS charges may apply in case of SMS notifications

2.3 You may receive alerts, reminders and notifications by way of in-app messaging and or emails.

3.0 Dormant Accounts

3.1 Your Tamasha account will automatically be classified as inactive if you do not initiate any transactions on Your account for a continuous period of 12 months

3.2 If Your Tamasha account will not have any transactions initiated by You for a continuous period of five (5) years or if you shall not have communicated with us for a continuous period of five (5 years regarding Your Tamasha account, such account shall be presumed abandoned and may if required be transferred to the unclaimed financial assets authority as constituted from time to time.

4.0 Customer Loyalty Program

The Company may at its sole discretion run a customer loyalty program subject to terms and conditions of participation that the Company will set and publish in any forum it may deem fit. Should you choose to participate, you hereby agree to be bound by such terms of participation.

5.0 Acknowledgment

5.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

5.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. You will be deemed to have read, understood and accepted these terms and conditions.

5.3 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

5.4 You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

5.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

6.0 User Accounts

6.1 When You create an Tamasha account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

6.2 You hereby agree to provide the Company personal information for the provision of services and products pursuant to these terms including your phone number, name, email address, date of birth, national ID or passport number and such other information that will enable the Company to identify you and comply with the regulatory ‘know your customer’ requirements (together the “personal information”.

6.3 You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.

6.4 You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Tamasha account.

6.5 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

7.0 Your Requests

7.1 You hereby irrevocably authorize the Company to act on all requests received by the Company from you (or purportedly from you) through the system and to hold you liable in respect thereof.

7.2 The Company shall be entitled to accept and act upon any request, even if that request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Company believes that it can correct the incomplete or ambiguous information in the request without any reference to You being necessary.

7.3 The Company shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the request may have been initiated, sent or otherwise communicated in error or fraudulently, and You shall be bound by any requests on which the Company may act if the Company has in good faith acted in the belief that such requests or instruction have been sent by You.

7.4 The Company may, in its absolute discretion, decline to act on or in accordance with the whole or any part of Your request pending further enquiry or further confirmation (whether written or otherwise) from You. The Company shall not be under any obligation to so decline in any case, and shall in no event or circumstance be liable for not so declining.

7.5 You agree to and shall release from and indemnify the Company against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to the Company having acted in accordance with the whole or any part of any of your requests (or failed to exercise) the discretion conferred upon it.

7.6 You can only cancel Your request through Customer Care. Cancellation will however only be allowed where your request is revocable and has not yet been acted on. If the Company is able to cancel Your instruction, you hereby agreed that You may be charged for such cancelation

8.0 Company Charges

8.1 The Company may debit Your Tamasha account with certain transaction fees in respect of the Company’s products and services accessed, subscribed to or consumed by You.

8.2 A detailed breakdown of the duly approved product and service charges and fees shall be published and updated by the Company from time to time on the Company’s website at www.tamasha.or.ke

8.3 Charges include but are not restricted to;

8.4 The Company may also debit your Tamasha account with expenses incurred:

8.5 The Company will give you at least thirty (30) days notice of intention to effect new charges, fees and/or costs by way of email, in-app messaging, letter and/or notices on its Website and social media accounts

8.6 If you are using a free version of one of our Services, it is really free. We do not ask you for your credit card and, just like for customers who pay for our services, we dot sell your data

8.7 For paid services that offer a free trial, we explain the length and terms of trial when you sign up.

8.8 All fees, commissions and charges are exclusive of all taxes, levies or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit the same to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies or duties.

8.9 Amounts in your Tamasha account may be subject to withholding tax in accordance with applicable law

8.10 You consent and agree that the Company may withhold amounts in your Tamasha account at any time, if any tax authority requires the Company to do so, or the Company is otherwise required by law or pursuant to agreements with any tax authority to do so, or if the Company needs to comply with internal policies or with any applicable order or sanction of a tax authority

8.11 Standard SMS and data charges by your mobile carrier may apply

8.12 We process refunds according to our Fair Refund Policy.

8.13 Payments may be processed by 3rd party networks

9.0 Content

9.1 Your Right to Post Content

9.1.1 Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

9.1.2 By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

9.1.3 You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

9.1.4 You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

9.1.5 You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

9.2 Content Restrictions

9.2.1 The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Tamasha account, whether done so by You or any third person using Your Tamasha account.

9.2.2 You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

9.2.3 The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content.

9.2.4 The Company further reserves the right to make formatting and edits and change the manner of any Content.

9.2.5 The Company can also limit or revoke the use of the Service if You post such objectionable Content.

9.2.6 As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.

9.2.7 You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

9.3 Content Backups

9.3.1 Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

9.3.2 Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

9.3.3 The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

9.3.4 You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

10.0 Copyright Policy

10.1 Intellectual Property Infringement

10.1.1 We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

10.1.2 If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email info@tamasha.or.ke and include in Your notice a detailed description of the alleged infringement.

10.1.3 You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

11.0 Procedure for Copyright Infringement Claims

11.1 You may submit a notification by providing our Copyright Agent with the following information in writing;

11.2 You can contact our copyright agent via email info@tamasha.or.ke Upon receipt of a notification, the Company will take whatever action, in its sole discretion and within such window, it deems appropriate, including removal of the challenged content from the Service

12.0 Intellectual Property

12.1 The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

12.2 The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

12.3 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

13.0 Your Feedback to Us

13.1 You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

13.2 Feedback to the Company may be made in person, through the system in-app messaging, in writing, by post, email, through available social media channels or by phone call

13.3 The Company will take all measures within its means to act on complaints within a reasonable time. All complaints will be handled in accordance with the Company’s complaint handling procedures which are available on request from our Customer Care.

13.4 Where a notification or acknowledgment of Your complaint or any other matter is expected from the Company but not received, it must be escalated within a reasonable time after non-receipt of such notification or acknowledgement.

13.5 Applicable tariffs may be charged by Your network provider when giving feedback to the Company

14.0 Links to Other Websites

14.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

14.2 The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

14.3 You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

14.4 We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

15.0 Termination

15.1 We may terminate or suspend Your Tamasha account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

15.2 Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

16.0 Limitation of Liability

16.1 Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 10 (Ten) USD if You haven't purchased anything through the Service.

16.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

16.3 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

17.0 "AS IS" and "AS AVAILABLE" Disclaimer

17.1 The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

17.2 Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, messages or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

17.3 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

18.0 Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

19.0 Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

20.0 For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

21.0 United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

22.0 Severability and Waiver

22.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

22.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

23.0 Changes to These Terms and Conditions

23.1 We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

23.2 By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the application and the Service.

24.0 Contact Us

If you have any questions about these Terms and Conditions, You can contact us: