Terms and Conditions

These Terms and Conditions ("Terms") are a binding agreement between you ("you", "your", "User", "Vendor" or "Buyer") and myDuka ("myDuka", "we", "us", "our"), operating the website www.myduka.co.tz and any sub-domains, custom domains, applications, APIs and services we make available (collectively, the "Platform"). By creating an account, accessing a vendor storefront, placing an order or otherwise using the Platform, you confirm that you have read, understood and accepted these Terms. If you do not agree, do not use the Platform.

These Terms are governed by, and shall be interpreted in accordance with, the laws of the United Republic of Tanzania, including the Electronic Transactions Act, 2015 (Cap. 442), the Electronic and Postal Communications Act, 2010 (EPOCA), the Personal Data Protection Act, 2022 (Act No. 11 of 2022) and its subsidiary regulations, the Cybercrimes Act, 2015, the Fair Competition Act, 2003 and the Sale of Goods Act (Cap. 214), as may be amended from time to time.

1. About myDuka

myDuka is a Tanzanian software-as-a-service ("SaaS") platform that enables small and medium businesses to set up an online shop ("Storefront") on a sub-domain of myduka.co.tz or on their own custom domain, list products, accept orders through WhatsApp or integrated payment gateways and manage their digital business. We are not a party to the underlying contract of sale between Vendors and Buyers. We are an intermediary providing technology, hosting and ancillary services.

2. Eligibility and Account Registration

You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have full legal capacity to enter into binding contracts under Tanzanian law.
If you register on behalf of a business, sole proprietorship, partnership, company or any other entity, you warrant that you are duly authorised to bind that entity and that the entity is lawfully registered with the Business Registrations and Licensing Agency (BRELA) or other competent authority where applicable.
You agree to provide accurate, current and complete information (including your name, mobile number, email and, for Vendors, business name and category) and to keep that information up to date.
You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You must notify us immediately of any unauthorised use.
We may verify your mobile number through a one-time password (OTP) delivered by SMS through licensed Tanzanian aggregators (e.g. Beem Africa). Standard network rates may apply.

3. Subscription Plans, Free Tier, Trials and Add-ons

myDuka offers a free plan and one or more paid subscription plans (e.g. Starter, Business, Premium) and optional add-ons. The current features, limits (such as number of storefronts, products, custom-domain eligibility, MojaDesk AI assistant) and prices in Tanzanian Shillings (TZS) are displayed on the pricing page and may be updated from time to time.
Paid subscriptions are billed in advance for the chosen interval (monthly, quarterly or yearly) and renew automatically unless you cancel before the end of the current billing period.
Subscription credits earned through our affiliate programme, promotional codes or goodwill credits are applicable only against future myDuka subscription invoices, are non-transferable, non-refundable and cannot be withdrawn as cash.
If a payment fails, your subscription may be moved to a "past due" state and, after a reasonable grace period, downgraded to the free tier or suspended. Suspension may restrict your Storefront, custom domain or access to certain plan features.

4. Payments, Currency and Receipts

All Platform fees are quoted and charged in TZS unless expressly stated otherwise.
Subscription payments are processed through Bank of Tanzania (BoT)-licensed payment service providers (currently including Pesapal) and, where enabled, manual bank or mobile-money transfer with admin confirmation. Card and mobile-money transactions are subject to the terms of the relevant provider.
Where required by Tanzanian law, your payment is treated as complete only when funds have been confirmed as received by us or our payment provider.
Vendors are solely responsible for issuing electronic fiscal device (EFD) receipts to their Buyers in accordance with the Tax Administration Act, the Value Added Tax Act, 2014 and the rules of the Tanzania Revenue Authority (TRA) where applicable to their business.

5. Refunds and Cancellation of Subscriptions

Except as required by mandatory Tanzanian consumer-protection law, subscription fees are non-refundable once a billing period has begun. You may cancel renewal at any time and continue to use the paid features until the end of the period you have already paid for.
If we materially fail to provide the paid Platform features for an extended period due to our fault, you may contact us at support@myduka.co.tz to request a pro-rata credit at our reasonable discretion.

6. Vendors: Storefronts, Products and Compliance

You may create one or more Storefronts up to the limit allowed by your subscription plan.
You are exclusively responsible for: (i) the accuracy, lawfulness and quality of all products, services, prices, images, descriptions, stock levels and any other content you upload; (ii) fulfilling orders, delivering products and providing after-sale support; (iii) complying with all applicable Tanzanian laws, including consumer-protection, weights and measures, food safety, pharmaceutical, advertising standards (TCRA / TBS / TFDA / EWURA where relevant) and tax obligations; and (iv) honouring any warranties or return policy you publish on your Storefront.
You must not list, sell or promote items prohibited by Tanzanian law, including but not limited to: narcotic drugs, untaxed alcohol or tobacco, counterfeit goods, ivory or other restricted wildlife products, firearms and ammunition (without lawful authority), pornographic material, content that violates the Cybercrimes Act, 2015 or content classified as prohibited under the Electronic and Postal Communications (Online Content) Regulations.
You grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, publish, transmit and display the content you upload, solely for the purpose of operating, promoting and improving the Platform.
You authorise us to display a "Powered by myDuka" attribution on free-tier Storefronts.

7. Buyers: Orders, Delivery and Disputes

When you place an order on a Storefront (whether through WhatsApp checkout or an integrated payment gateway), you enter into a contract of sale directly with the relevant Vendor. myDuka is not the seller, importer, manufacturer or distributor of the products.
Order details, delivery times, return windows, warranty and after-sales conditions are set by the Vendor and are visible on the Storefront or communicated through WhatsApp or email.
Any complaint, dispute or refund claim relating to a product or its delivery should first be raised with the Vendor. We will, on a reasonable-efforts basis, assist by sharing relevant order data with the parties or, where required by law, with competent Tanzanian authorities such as the Fair Competition Commission (FCC).
Nothing in these Terms excludes or limits the statutory rights you enjoy as a consumer under Tanzanian law, including under Part VII of the Fair Competition Act, 2003.

8. Custom Domains and DNS

Vendors on eligible plans may connect a custom domain by pointing the appropriate DNS record (CNAME or A/AAAA) to the targets we publish in the dashboard.
You are responsible for purchasing, renewing and configuring your domain with your registrar (e.g. tzNIC for .co.tz or .tz domains) and for the lawful use of that domain.
We provision and renew TLS/SSL certificates for connected domains as a courtesy, but make no warranty as to uninterrupted issuance by external certificate authorities.

9. Acceptable Use

You agree not to:

use the Platform for any unlawful, fraudulent, deceptive, defamatory or infringing purpose;
upload malware, viruses, scripts or any code intended to disrupt, damage or gain unauthorised access to the Platform or any other system, contrary to the Cybercrimes Act, 2015;
attempt to reverse-engineer, decompile, scrape, mass-download, rate-limit-evade or otherwise bypass the technical protections of the Platform;
use the Platform to send unsolicited bulk commercial messages (spam) or to harvest personal data in breach of the Personal Data Protection Act, 2022;
impersonate another person, business or government authority, or misrepresent your affiliation with any person or entity.

10. Intellectual Property

The Platform, including its source code, design, layout, the "myDuka" name and logo, the "MojaDesk" name and all other proprietary marks, are owned by us or our licensors and are protected by Tanzanian and international intellectual-property law.
You retain ownership of the content you upload to your Storefront. You warrant that you have all necessary rights to that content and that it does not infringe any third-party intellectual-property rights.
If you believe content on the Platform infringes your intellectual-property rights, send a written notice to support@myduka.co.tz identifying the work, the alleged infringement and your contact details, and we will investigate and act in accordance with applicable law.

11. Suspension and Termination

We may suspend or terminate your account, Storefront or access to any service, with or without notice, if we reasonably believe that you have breached these Terms, that your account is being used unlawfully, or that suspension is required by Tanzanian law or by a competent authority.
You may close your account at any time from the account settings or by contacting us. Upon termination, provisions that by their nature should survive (including intellectual-property, indemnity, liability and governing-law clauses) will survive.
After termination we may retain certain data as required by Tanzanian tax, anti-money-laundering and record-keeping laws (typically up to 10 years).

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted, error-free, secure against every threat, or that any particular result will be achieved. We are not responsible for the goods or services sold by Vendors, for the conduct of Buyers, or for the availability of third-party networks (including telecom operators, internet service providers and payment processors).

13. Limitation of Liability

To the maximum extent permitted by Tanzanian law, in no event shall myDuka, its directors, employees, affiliates or agents be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data or business opportunity, arising out of or in connection with your use of the Platform. Our total aggregate liability for any claim arising out of or in connection with these Terms shall not exceed the greater of: (a) the total subscription fees you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) TZS 100,000. Nothing in this clause limits liability for fraud, wilful misconduct or any liability that cannot be limited under Tanzanian law.

14. Indemnity

You agree to indemnify and hold harmless myDuka and its representatives from and against any claim, demand, proceeding, fine, loss, damage or reasonable legal cost arising out of: (i) your breach of these Terms; (ii) the content you upload or the products or services you sell on a Storefront; (iii) your violation of any law or any third-party right; or (iv) any tax liability that you, as a Vendor, fail to discharge.

15. Changes to the Platform and to these Terms

We may modify the Platform, the available plans, the prices and these Terms from time to time. Material changes will be notified by email, in-app notice or by posting the updated Terms on this page with a new "Last updated" date. Your continued use of the Platform after the effective date of the change constitutes acceptance of the revised Terms. If you do not accept the changes, you must stop using the Platform.

16. Notices and Communications

You consent to receive communications from us electronically (in-app notice, email or SMS) and acknowledge that these satisfy any legal requirement that a communication be in writing under the Electronic Transactions Act, 2015. Notices to us must be sent to support@myduka.co.tz.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United Republic of Tanzania.
The parties shall attempt in good faith to resolve any dispute amicably within thirty (30) days of written notice.
Failing amicable resolution, the dispute shall be referred to mediation under the rules of the Tanzania Institute of Arbitrators. If mediation fails, the dispute shall be finally settled by the competent courts of Tanzania sitting at Dar es Salaam, to whose exclusive jurisdiction the parties submit. Nothing in this clause prevents either party from seeking urgent injunctive relief from any competent court.

18. Mobile applications and app stores

We provide two mobile applications: myDuka Vendor (shop management, Android package tz.co.myduka) and myDuka Shop (shopper marketplace, package tz.co.mydukashop), available through the Google Play Store and, where published, the Apple App Store. Your use of the apps is governed by these Terms and by the rules of the relevant app store.
Credits and "wallet" are not financial products. Any wallet, referral or promotional credit shown in the apps (for example, credit applied to a delivery fee or to a future myDuka subscription) is a loyalty/discount benefit denominated in TZS. It is not electronic money, a deposit, a loan, a "buy now, pay later" facility, an investment or any other regulated financial product; it cannot be withdrawn as cash and has no value outside the Platform.
Apple-specific terms. Where you obtain our apps through the Apple App Store, you acknowledge that: (i) these Terms are concluded between you and myDuka only, and not with Apple; (ii) Apple has no obligation to furnish any maintenance or support for the apps; (iii) Apple is not responsible for any product warranties, claims of non-conformity, product-liability, consumer-protection or third-party intellectual-property claims relating to the apps, which remain our responsibility to the extent required by law; (iv) you will comply with the Apple Media Services Terms and the App Store Usage Rules; and (v) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google Play terms. Where you obtain our apps through Google Play, your use is also subject to the Google Play Terms of Service. We may require a minimum supported app version for security and compatibility, and you should keep the apps updated to the latest version we publish.
Permissions. The apps request only the permissions needed for the features you use (for example, notifications, and camera or photo access when you upload an image). You can manage these in your device settings.

19. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms referenced in your dashboard, constitute the entire agreement between you and us regarding the Platform.
Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force.
No waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign your rights without our prior written consent. We may assign our rights and obligations to an affiliate or successor in connection with a corporate reorganisation.
Force majeure. We shall not be liable for failure to perform due to events beyond our reasonable control, including network failures, acts of public authorities, civil unrest, fire, flood, epidemic or war.

20. Contact

For any question relating to these Terms, please contact us:
myDuka
Email: support@myduka.co.tz
Web: https://www.myduka.co.tz/contact
Country: United Republic of Tanzania.