1. Introduction
1.1 About Tuende
Tuende is a technology platform operated by Startboom Digital (hereinafter referred to as “we,” “our,” “us,” or “Tuende”), a company registered in Uganda. Tuende provides a digital marketplace that connects individuals, businesses, and institutions (collectively, “Users” or “Customers”) with waste collection companies and other service providers (collectively, “Service Providers”), and provides cities and municipalities with data and management tools for waste monitoring and planning.
1.2 Acceptance of Terms
These Terms and Conditions (the “Terms”) constitute a binding and enforceable legal contract between you and Tuende. By accessing, downloading, or using the Tuende mobile application, website, or any related services (collectively, the “Service”), you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein.
If you do not agree with any part of these Terms, or if you are not eligible or authorised to be bound by them, you must not access or use the Service.
1.3 Eligibility
To use the Service, you must:
Be at least 18 years of age, or have the legal capacity to enter into a binding contract under the laws of Uganda;
Have the authority to bind any entity on whose behalf you are using the Service;
Not have been previously suspended or removed from the Service by Tuende;
Provide accurate, current, and complete information during registration and keep it updated.
2. Definitions
In these Terms, unless the context otherwise requires:
“Agreement” means a promise or set of promises forming the consideration for each other.
“Contract” means an agreement enforceable by law.
“Customer” or “User” means any person, business, or institution that uses the Service to request waste collection or other services.
“Service Provider” means any waste collection company or other service provider registered on the Tuende platform to offer services to Customers.
“Municipality” or “City” means any local government authority, urban authority, municipal council, or public body that uses the Service for waste data monitoring and management.
“Platform” means the Tuende mobile application, website, and all associated digital infrastructure.
“Personal Data” has the meaning ascribed to it under the Uganda Data Protection and Privacy Act, 2019.
“Data Message” means data generated, sent, received, or stored by computer means.
“Content” includes data, text, images, sounds, codes, computer programmes, software, and databases.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Service, you must create an account. You agree to:
Provide true, accurate, current, and complete information as prompted by the registration process;
Maintain and promptly update your account information to keep it accurate and current;
Not impersonate any other person or entity, or use a name that you are not legally authorised to use.
3.2 Account Security
You are solely responsible for:
Maintaining the confidentiality of your account credentials, including your password;
All activities that occur under your account, whether or not you have authorised them;
Immediately notifying Tuende of any unauthorised use of your account or any other breach of security.
Tuende will not be liable for any loss or damage arising from your failure to comply with this section.
3.3 Account Termination
Tuende reserves the right to suspend, deactivate, or terminate your account at any time, with or without notice, if:
You violate these Terms or any applicable laws;
You engage in fraudulent, abusive, or illegal activity;
We are required to do so by law;
Your use of the Service poses a security risk or may cause harm to Tuende, other users, or the public.
4. Use of the Service
4.1 Service Overview
Tuende provides a digital marketplace that enables:
Customers to request ride, package delivery or waste collection and other services from nearby Service Providers;
Service Providers to receive, accept, and manage service requests through the app or a dedicated dashboard;
Cities and Municipalities to monitor waste collection activities and access data analytics.
4.2 Permitted Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
Use the Service in any way that violates any applicable Ugandan law or regulation, including but not limited to the Data Protection and Privacy Act, 2019, the Electronic Transactions Act, 2011, the Computer Misuse Act, 2011, and the Contracts Act, 2010;
Post, transmit, or otherwise make available any content that is defamatory, obscene, threatening, abusive, harassing, or otherwise objectionable;
Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available;
Attempt to gain unauthorised access to any portion of the Service, other accounts, or computer systems;
Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Violate the rights of any third party, including intellectual property, privacy, or contractual rights.
4.3 Prohibited Waste Types
Customers shall not request collection of:
Hazardous, toxic, or dangerous waste materials that require special handling or licensing;
Medical or biomedical waste;
Radioactive materials;
Any waste that is illegal to dispose of under Ugandan law or local regulations.
Tuende reserves the right to refuse any service request that involves prohibited waste types.
4.4 Electronic Transactions
You acknowledge and agree that:
All transactions conducted through the Platform are electronic transactions under the Uganda Electronic Transactions Act, 2011;
Electronic records and data messages generated through the Platform have the same legal effect as paper documents;
Your use of the Service constitutes your acceptance of electronic communications and records.
5. Service Requests and Contracts
5.1 How Requests Work
When a Customer submits a service request through the Platform:
The request is transmitted to nearby registered Service Providers by Tuende;
A Service Provider may accept the request through its app or dashboard;
Upon acceptance, a contract is formed between the Customer and the Service Provider for the provision of the requested service.
5.2 Formation of Contract
Under the Uganda Contracts Act, 2010, a contract is formed when an offer is accepted. The Customer’s service request constitutes an offer, and the Service Provider’s acceptance constitutes acceptance of that offer, forming a binding contract between the Customer and the Service Provider.
Tuende is not a party to the contract between the Customer and the Service Provider. Tuende merely facilitates the connection and provides the Platform for the transaction.
5.3 Customer Obligations
When you request a service through Tuende, you agree to:
Provide accurate and complete information about the service required;
Ensure that the location and access details provided are correct;
Be present or ensure access is available at the scheduled collection time;
Pay the agreed service fee in accordance with the payment terms.
5.4 Service Provider Obligations
When a Service Provider accepts a service request, the Service Provider agrees to:
Perform the service with reasonable care and skill;
Comply with all applicable laws, regulations, and industry standards;
Arrive at the scheduled time and location;
Complete the service in a professional and timely manner;
Handle all waste in accordance with environmental regulations.
5.5 No Agency or Partnership
Nothing in these Terms shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Tuende and any Service Provider or Customer. Service Providers are independent contractors and are solely responsible for their own operations, employees, and compliance with all applicable laws.
6. Payments and Fees
6.1 Service Fees
Customers agree to pay the fees quoted for the requested services at the time of booking. Fees are determined by the Service Provider and may vary based on:
Type and volume of waste;
Location and distance;
Service urgency;
Any additional services requested.
6.2 Subscription Payment Processing
Subscription payments are processed through the Tuende Platform using third-party payment service providers. By using the payment features, you agree to:
Provide accurate payment information;
Authorise Tuende and its payment processors to charge the applicable fees to your selected payment method;
Comply with the terms and conditions of the payment service provider.
6.3 Third-Party Payments
A Customer may name a third party to pay for the service on their behalf. The Customer remains ultimately responsible for ensuring payment is made. Tuende shall not be liable for any disputes between a Customer and a third-party payer.
6.4 Refunds and Cancellations
Customer Cancellations:
Customers may cancel a service request before it is accepted by a Service Provider without penalty;
Once a Service Provider has accepted a request, cancellation terms are determined by the Service Provider’s individual cancellation policy;
Tuende does not guarantee refunds for cancellations.
Service Provider Cancellations:
If a Service Provider cancels an accepted request, the Customer shall not be charged;
Tuende may, at its discretion, assist the Customer in finding an alternative Service Provider.
6.5 Subscription Fees
Service Providers and Cities,Municipalities and Vehicle owners that subscribe to features agree to pay the applicable monthly subscription fees as set out in their subscription agreement. Subscription fees are non-refundable unless otherwise agreed in writing.
7. Ratings and Reviews
7.1 User Feedback
After a service is completed, Customers may rate and review the Service Provider. Service Providers may also rate Customers. These ratings and reviews help maintain the quality and integrity of the Platform.
7.2 Content Guidelines
When submitting ratings and reviews, you agree to:
Provide honest, accurate, and constructive feedback;
Not post false, misleading, or defamatory content;
Not post content that violates any third-party rights;
Not use ratings and reviews to harass, intimidate, or discriminate against any user.
7.3 Tuende’s Rights
Tuende reserves the right to:
Moderate, edit, or remove any ratings or reviews that violate these Terms;
Use ratings and reviews for quality assurance and improvement purposes;
Display ratings and reviews on the Platform as we deem appropriate.
8. Data Protection and Privacy
8.1 Compliance with Data Protection Laws
Tuende complies with the Uganda Data Protection and Privacy Act, 2019 and all applicable data protection regulations. Our collection, use, and processing of personal data are governed by our Privacy Policy, which forms an integral part of these Terms, through Start Boom Digital Limited account.
8.2 Data Collection
By using the Service, you consent to Tuende collecting, processing, and storing your personal data in accordance with our Privacy Policy. This includes, but is not limited to:
Account information;
Location data;
Service request history;
Payment information;
Communications and feedback.
8.3 Data Sharing
Tuende may share your personal data with:
Service Providers as necessary to fulfil your service requests;
Cities and Municipalities in anonymised and aggregated form for planning purposes;
Third-party payment processors as necessary to process transactions;
Law enforcement or regulatory authorities when required by law.
8.4 Data Subject Rights
As a data subject under the Uganda Data Protection and Privacy Act, 2019, you have the right to:
Access your personal data held by Tuende;
Request correction of inaccurate or incomplete data;
Request deletion of your personal data, subject to legal limitations;
Object to the processing of your personal data;
Withdraw consent to data processing at any time.
9. Intellectual Property
9.1 Tuende’s Intellectual Property
All content, features, and functionality on the Platform, including but not limited to:
Software, code, and algorithms;
Design, layout, and user interface;
Text, graphics, logos, and images;
Trademarks and service marks;
are the exclusive property of Startboom Digital and are protected by Ugandan and international intellectual property laws.
9.2 Limited License
Tuende grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform for your personal or business purposes, subject to these Terms. You may not:
Copy, modify, or distribute any part of the Platform without our prior written consent;
Reverse engineer, decompile, or disassemble any part of the Platform;
Use the Platform for any commercial purpose other than as expressly permitted;
Remove any copyright, trademark, or other proprietary notices.
9.3 User Content
By submitting content to the Platform (including ratings, reviews, and feedback), you grant Tuende a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, and display such content in connection with the Service.
You represent and warrant that you own or have the necessary rights to grant this license and that your content does not infringe any third-party rights.
10. Disclaimers and Limitation of Liability
10.1 Service “As Is”
The Service is provided on an “as is” and “as available” basis. Tuende makes no representations or warranties of any kind, express or implied, regarding:
The operation or availability of the Service;
The accuracy, reliability, or completeness of any content;
The quality, safety, or legality of services provided by Service Providers;
The suitability of any Service Provider for your particular needs.
10.2 No Warranty for Service Providers
Tuende does not guarantee that:
Any Service Provider will accept your request;
Any Service Provider will perform services to your satisfaction;
The Platform will be uninterrupted or error-free;
Any defects in the Platform will be corrected.
10.3 Limitation of Liability
To the maximum extent permitted by law:
Tuende shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service;
Tuende’s total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the total amount paid by you to Tuende in the twelve (12) months preceding the claim;
This limitation applies regardless of the legal theory upon which the claim is based.
10.4 Service Provider Liability
Tuende is not liable for the acts or omissions of any Service Provider. Any dispute between a Customer and a Service Provider is between those parties. Tuende may, at its discretion, assist in resolving disputes but is not obligated to do so.
10.5 No Liability for Third-Party Content
Tuende is not responsible for and does not endorse any content, products, or services provided by third parties through the Platform, including Service Providers, advertisers, or other users.
11. Indemnification
You agree to indemnify, defend, and hold harmless Tuende, Startboom Digital, and their respective directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
Your use of the Service;
Your violation of these Terms;
Your violation of any applicable law or regulation;
Your infringement of any third-party rights;
Any dispute between you and a Service Provider or other user.
12. Termination and Suspension
12.1 Termination by You
You may terminate your account at any time by:
Deleting your account through the Platform settings; or
Contacting Tuende support to request account deletion.
Upon termination, you will no longer have access to the Service, and any pending transactions may be cancelled.
12.2 Termination by Tuende
Tuende may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including but not limited to:
Breach of these Terms;
Fraudulent or illegal activity;
Request by law enforcement or regulatory authorities;
Extended periods of inactivity;
Technical or security issues.
12.3 Effect of Termination
Upon termination:
Your right to use the Service will immediately cease;
Tuende may delete or deactivate your account and all related information;
Any provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property, disclaimers, indemnification, and limitation of liability.
13. Dispute Resolution and Governing Law
13.1 Governing Law
These Terms and any disputes arising out of or relating to your use of the Service shall be governed by and construed in accordance with the laws of the Republic of Uganda.
13.2 Dispute Resolution Process
Informal Resolution: Before initiating any formal dispute resolution proceedings, you agree to contact Tuende to attempt to resolve the dispute informally. We will make reasonable efforts to resolve any concerns you may have.
Mediation: If the dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute through mediation at the Center for Arbitration and Dispute Resolution of Uganda (CADRU) or another mutually agreed mediation provider.
Arbitration: If mediation is unsuccessful, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, Cap 4 of the Laws of Uganda. The arbitration shall be conducted in Kampala, Uganda, in the English language.
13.3 Exceptions
The dispute resolution provisions in this section do not apply to:
Claims for injunctive or equitable relief;
Claims relating to intellectual property rights;
Claims where urgent legal action is necessary to prevent harm.
13.4 Jurisdiction
Subject to the arbitration clause above, the courts of Uganda shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms.
14. Modifications to Terms
14.1 Right to Modify
Tuende reserves the right to modify, update, or replace these Terms at any time. When we make material changes, we will notify you through:
A notice on the Platform;
An email to your registered address;
A notification within the mobile application.
14.2 Acceptance of Modified Terms
By continuing to use the Service after the modified Terms become effective, you agree to be bound by the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Tuende regarding your use of the Service and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
15.3 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorised representative of Tuende. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
15.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Tuende. Tuende may assign these Terms without restriction.
15.5 Force Majeure
Tuende shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
15.6 Notices
All notices and communications under these Terms shall be in writing and shall be deemed delivered when:
Sent by email to the email address associated with your account;
Posted on the Platform;
Sent by registered mail to Tuende’s registered address.
15.7 Language
These Terms are drafted in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.
16. Contact Information
If you have any questions, concerns, or comments about these Terms, please contact us:
Tuende Legal Department
(Startboom Digital)
Email: info@tuendeapp.com
Phone: +256763080035
Address: Plot 4 Wampewo Avenue Kololo Kampala Uganda
Website: www.tuendeapp.com
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Uganda.