1. Definitions
The following terms, when used in these Terms of Use, have the meanings set out below:
- "Platform" or "App"
- The Nguzo Marketplace mobile application.
- "Services"
- The hyper-local peer-to-peer marketplace features provided through the Platform, including listing creation, in-app messaging, location-based discovery, and the Nearby feature.
- "User"
- Any natural person who creates an account or accesses the Platform.
- "Trust Score"
- An internal reputational metric assigned to each User account, reflecting behavioral history on the Platform.
- "Transaction"
- Any exchange of goods, money, or services arranged between Users. Transactions occur entirely offline and outside the Platform.
- "BBN"
- The Bureau Burundais de Normalisation et Contrôle de la Qualité, the national standards body of Burundi.
- "ARCT"
- The Agence de Régulation et de Contrôle des Télécommunications, the Burundian telecommunications and digital regulatory authority.
2. Acceptance of Terms
By creating an account, accessing the Platform, or using any of the Services, you confirm that you have read, understood, and irrevocably agree to be bound by these Terms of Use and our Privacy Policy.
If you do not agree with any part of these Terms, you must immediately cease all use of the Platform and delete your account.
We reserve the right to amend these Terms at any time. Material changes will be communicated through in-app notification and, where available, by email. Continued use of the Platform after notification constitutes acceptance of the revised Terms.
3. Eligibility
3.1 Age Requirement
You must be at least 18 years of age to register and use the Platform. If we discover that an account belongs to a person under 18, that account will be immediately and permanently suspended and all associated data deleted.
3.2 Legal Capacity
You must have full legal capacity under Burundian law to enter into binding contracts. By accepting these Terms, you represent that you possess such capacity.
3.3 Account Uniqueness
Each natural person may maintain only one registered account. Operating multiple accounts, or registering on behalf of another person without their explicit consent, constitutes a breach of these Terms.
3.4 Accuracy of Information
You must provide accurate, truthful, and current information at registration. Impersonation of any real or fictitious person is prohibited and constitutes a cybercrime under Article 35 of Law N°1/10 of 16 March 2022, punishable by 2 to 5 years imprisonment and a fine of 10 to 20 million BIF.
4. Nature of the Platform
4.1 Hosting Provider — Not a Party to Transactions
Nguzo Marketplace is a neutral hosting platform. We facilitate connections between Buyers and Sellers. We are not a party to any transaction, negotiation, or agreement between Users. All transactions are conducted exclusively offline, in-person, and at the Users' own initiative and risk.
4.2 No Payment Processing
The Platform does not process payments, hold funds, provide escrow services, or facilitate mobile money transfers. We do not provide delivery, shipping, or logistics services of any kind.
4.3 No Verification of Users or Listings
We do not verify the identity of Users or the accuracy of listing content, except to the limited extent described in our moderation procedures. Users are responsible for exercising their own judgment before meeting or transacting with another User.
5. User Obligations
5.1 Prohibited Conduct
By using the Platform, you agree that you will NOT, under any circumstances:
- Post, sell, advertise, or facilitate the sale of any item prohibited under Burundian law or listed in Section 6 of these Terms.
- Misrepresent the condition, nature, authenticity, or ownership of any listed item.
- Engage in, facilitate, or solicit any form of fraud, including advance payment scams (commonly conducted via Lumicash or other mobile money platforms).
- Harass, threaten, intimidate, or abuse other Users through any means.
- Publish content that incites violence, fear, or inter-community hatred, in violation of Article 49 of Law N°1/10 of 16 March 2022, punishable by 5 to 10 years imprisonment.
- Use bots, scrapers, or automated systems to access, copy, or index Platform data.
- Attempt to hack, reverse engineer, or circumvent security measures of the Platform, in violation of Chapter 3 of Law N°1/10 of 16 March 2022.
5.2 Accuracy of Listings
Sellers must describe items honestly and completely. Concealing known defects, misrepresenting the brand, origin, or condition of an item, or providing false pricing information constitutes a breach of these Terms and may give rise to civil liability under the Burundian Civil Code.
5.3 In-Person Meeting Safety
Nguzo Marketplace strongly recommends that Users:
- Meet exclusively in public, well-populated locations.
- Bring a trusted companion to the meeting.
- Avoid carrying or displaying large sums of cash.
- Verify the item before completing any payment or transfer.
- Inform a family member or trusted person of the meeting location and time.
Nguzo Marketplace assumes no liability whatsoever for personal safety, injury, theft, fraud, or any other harm arising from in-person meetings arranged through the Platform.
6. Prohibited Items and Content
The following categories are strictly and absolutely prohibited. This list is indicative and not exhaustive.
6.1 Weapons and State Security
- Firearms, ammunition, explosives, and accessories.
- Military or police uniforms, badges, insignia, and equipment.
- Content inciting violence or rebellion against the State.
6.2 Narcotics and Controlled Substances
- Narcotics and illegal drugs of any kind.
- Drug paraphernalia.
- Prescription medicines sold without a valid ABREMA license.
6.3 Financial Fraud
- Counterfeit currency or forged financial instruments.
- Advance payment schemes.
- Stolen goods. Receiving and reselling stolen property (recel) is a specific offence under the Burundian Penal Code.
6.4 Consumer Protection Violations
- Goods requiring BBN certification offered without the required conformity mark.
- Products with expired sell-by, use-by, or safety dates.
- Counterfeit branded goods.
6.5 Identity, Harassment, and Minors
- Content facilitating identity theft or fraudulent impersonation.
- Content that harasses, threatens, or targets another individual.
- Any content involving the exploitation, abuse, or sexual depiction of minors.
6.6 General Prohibition
Any item, content, or conduct that violates Burundian law or these Terms is prohibited. This includes, but is not limited to, items that are illegal, unsafe, fraudulent, infringing, or otherwise harmful.
7. Moderation, Reporting, and Enforcement
7.1 Reporting System
Any User may report a listing, a message, or another User by using the in-app reporting feature. Reports are reviewed and classified according to a priority-based enforcement framework.
7.2 Enforcement Framework
Nguzo Marketplace applies a priority-based enforcement response ranging from trust score penalties (LOW) to auto-hide with admin review (MEDIUM/HIGH) to instant lock and legal hold (CRITICAL), depending on the category and severity of the violation.
7.3 Legal Hold
"Legal hold" means the account and all associated data are frozen and preserved. This data may be provided to the Burundian Police (OPJ) or the ARCT upon presentation of a valid legal warrant or court order, in accordance with Law N°1/10 of 16 March 2022.
7.4 Trust Score
The Trust Score is an internal metric reflecting a User's behavioral history on the Platform. It is not a creditworthiness assessment and has no legal effect outside the Platform. Nguzo Marketplace reserves the right to modify or discontinue the Trust Score system at any time without notice.
7.5 Right to Remove and Suspend
Nguzo Marketplace reserves the right to remove any Content, suspend any account, or permanently ban any User at its sole discretion, with or without prior notice.
8. Account Suspension and Deletion
8.1 Voluntary Deletion
Users may delete their account at any time via the in-app account settings. A 30-day cooling-off period commences, during which the account is deactivated but recoverable. At the end of this period, the account and associated personal data are permanently deleted or anonymized.
8.2 Enforced Suspension
Nguzo Marketplace may suspend accounts for violations of these Terms. Critical-level violations may result in immediate and permanent termination without prior warning.
9. Data Retention Following Account Deletion
Notwithstanding account deletion, Nguzo Marketplace may retain the following data for the periods specified: account metadata (UID, email hash) up to 2 years; listings involved in active disputes for the duration of the dispute plus 6 months; chat logs subject to an open report or investigation up to 2 years; crash logs and technical error reports per Google/Firebase policy.
10. Disclaimer of Liability
10.1 As-Is Service
The Platform and all Services are provided "as is" and "as available" without warranty of any kind, express or implied.
10.2 Exclusion of Liability
To the maximum extent permitted by the laws of the Republic of Burundi, Nguzo Marketplace shall not be liable for: the accuracy or legality of any listing; any loss, theft, fraud, or injury arising from an in-person meeting; financial loss arising from any transaction conducted outside the Platform; or service interruptions caused by events beyond our reasonable control.
10.3 Indemnification
You agree to indemnify, defend, and hold harmless Nguzo Marketplace, its directors, employees, and agents from and against any claims, damages, losses, costs, and expenses arising from your breach of these Terms or your violation of any applicable Burundian law.
11. Governing Law and Dispute Resolution
- Governing Law
- These Terms are governed exclusively by the laws of the Republic of Burundi.
- Amicable Settlement
- Any dispute shall first be subject to good-faith negotiation for a period of 30 days.
- Jurisdiction
- If amicable settlement fails, disputes shall be submitted to the exclusive jurisdiction of the competent courts of Bujumbura, Burundi.
12. Contact Information
- Platform
- Nguzo
- Legal Notices
- nguzo.official@gmail.com
- General Support
- support.nguzo@gmail.com