Terms and conditions

Terms of Services

Last updated: November 25, 2023

These Terms of Service (“Terms”) apply to your use of Magufy’s website, mobile applications, and online products and services (“Services”) provided by Magufy Inc. (“Magufy,” “we,” or “us”). Please review these Terms carefully, including the arbitration provisions in Sections 21 and 22, which stipulate that disputes are resolved via final and binding arbitration on an individual basis. If you prefer not to be subject to arbitration, follow the opt-out instructions in Section 21 or 22.

By accessing or using our Services, you agree to be bound by these Terms and any incorporated terms. If you disagree with these Terms, refrain from using our Services.

We might introduce new features available to specific users; these Terms may not apply universally to all users.

To reach Magufy concerning the Services or your account, visit the Contact Us Page. Alternatively, send general inquiries about these Terms or our Services to support@magufy.com.

1. Privacy

• Refer to our Privacy Policy for details about how we handle your information

• You must be at least 16 years old to use our Services, or under the supervision of a parent/legal guardian if under 18. If using Magufy on behalf of a legal entity, you warrant its validity and your authority to act on its behalf.
• To use our Services, you must not have been previously suspended or removed and must comply with existing agreements.

• Register for a Magufy account accurately, update changes promptly, and maintain login security. 

A. Posting Items, Buying and Selling

• Post items for sale, follow transaction terms, and complete deals outside the Magufy Services independently. Magufy is not involved in or responsible for transactions made outside its platform.

• Businesses can post job openings following specific guidelines for legality and compliance. Magufy does not oversee the job application process.

Sellers can offer shipping within the contiguous Burundi, following Magufy’s Shipping Policies. The platform is not liable for shipping-related issues. 

D. Payments Accounts

Using the Magufy Payment Solution for shipping requires agreeing to service fees. Users must maintain an account with the Payment Provider (e.g., ecocash or Lumicash) for payment processing.

E. Taxes

Users are responsible for any applicable taxes related to purchases or sales made through Magufy.

F. Paid Services & Subscriptions

General. While using Magufy is generally free, some products or services may be available for a fee (the”Paid Services”). Paid Services include, but are not limited to, the following: (i) the ability to pay for more or certain types of item posts within the Magufy marketplace, (ii) the ability to promote your posted item more prominently in the Services, pump up, features, shows at the top, etc, (iii) the ability to purchase certain enhanced account features, (iv) the ability to post a Job, or (v) other services or features Magufy may develop. Unless otherwise noted, Paid Services are charged, billed,

Paid Services may include enhanced features or subscriptions, billed through Magufy ecocash or lumicash accounts. Subscriptions renew unless canceled before the renewal period.

5. Ndazwi Feature

• The Ndazwi badge signifies verified users who provide specific identification documents. Magufy partners with locals to process Ndazwi’s applications.

• Users retain rights to their content but grant Magufy a license to use and display their content on the platform.

You may not create, upload, store, or share any User Content on Magufy that breaches these Terms or for which you lack the necessary rights to grant us the described license. You affirm and guarantee that your User Content and our use of such content, as allowed by these Terms, will not infringe upon any rights or cause harm to any individual or entity. You shall not (nor permit or authorize any third-party to) publish, upload, transmit, distribute, store, create, solicit, reveal, or otherwise make available through Magufy any User Content that:

• Is illegal, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, or inflammatory;
• Contains fraudulent, misleading, or false information, encourages deceitful activities, or constitutes duplicity;
• In the judgment of Magufy, is disrespectful, inappropriate, or might expose Magufy, our users, or others to harm or legal responsibility;
• Could potentially violate the patent, trademark, trade secret, copyright, intellectual property, privacy, or proprietary right of any party;
• Might incite, promote, or provide instructions for a criminal offense, violates the rights of any party, or creates liability or breaches any local, state, national, or international law;
• Contains statements or claims that do not genuinely represent your views and experiences;
• Includes unsolicited marketing promotions, political campaigns, advertisements, or solicitations;
• Discloses private information of third parties, such as addresses, phone numbers, or payment card details; or
• Contains viruses, corrupted data, or any other damaging, disruptive, or destructive files.

Magufy does not undertake the active monitoring of User Content and does not endorse any User Content. While Magufy is not obligated to screen, edit, or monitor User Content, we reserve the right to delete or remove User Content at our discretion and without prior notice, for any reason.

7. Prohibited Conduct

You shall not breach any applicable law, contract, intellectual property rights, or the rights of any third party, or commit any tort while utilizing Magufy’s Services. You are solely accountable for your behavior while using our Services. Specifically, you shall not:

• Use our Services for any purpose other than their intended use, or in a manner that could impede, disrupt, negatively impact, or hinder other users from fully enjoying our Services. You shall refrain from actions that could damage, disable, overload, or impair the functionality of our Services or any connected networks;
• Engage in any form of harassing, threatening, intimidating, predatory, or stalking behavior;
• Commercially exploit Magufy’s Services without explicit permission from us;
• Offer, sell, or post items or content that violate our guidelines for Prohibited Items;
• Promote, sell, or publish fraudulent, misleading, or deceptive items or content;
• Send, distribute, or post spam, unsolicited commercial communications, chain letters, or pyramid schemes;
• Provide false, inaccurate, or misleading information to Magufy or our service providers, including during registration or when using our payment solutions;
• Falsely represent yourself as another individual or entity or misrepresent your association with any person or entity;
• Copy, reproduce, distribute, publicly perform, or publicly display any part of our Services, including underlying content and source code, except where expressly permitted by us or our licensors;
• Alter our Services, remove proprietary rights notices, obscure or disable displayed advertisements, or create derivative works based on our Services;
• Attempt to reverse engineer any aspect of our Services or undertake actions to discover source code or bypass measures designed to limit access to our Services;
• Develop or utilize third-party applications that interact with Magufy’s Services without prior written consent from Magufy;
• Deliberately attempt to circumvent a paywall established by Magufy after reaching a posting limit;

• Use any automated means, such as bots, robots, spiders, scripts, crawlers, or scrapers not provided by Magufy, to access or extract data from Magufy’s Services;

• Use Magufy’s Services to infringe upon or violate the intellectual property rights or any other rights of any individual, including Magufy.

You will establish and use your Magufy account only in accordance with any guidelines issued by Magufy. Without limiting the forgoing, you will not:

• Create more than one account;
• Transfer your account to another user;
• Attempt to obtain the password, account information, or other security information of another user; or
• Attempt to use another user’s account without authorization from that user and Magufy..

Engaging in any of the aforementioned conduct or similar actions may result in Magufy suspending or terminating your access to the Services. Magufy reserves the right to enforce these terms at its discretion, and failure to enforce these terms in some instances does not waive the right to enforce them in other cases. Furthermore, this section does not create any private right of action for any third party or any reasonable expectation that the Services will be free from content prohibited by these rules.

8. Owrnership; Limited License

• Magufy owns the Services, and users are granted a limited license to access and use them in compliance with these Terms.

• Magufy reserves the right to suspend or terminate user access for violations of these Terms or improper use of the Services.

11. Feedback

• You may provide voluntary feedback, including questions, comments, suggestions, creative materials, or other information about Magufy or our Services (collectively, “Feedback”). You understand and agree that we may use such Feedback for any purpose, including commercial use, without providing acknowledgment or compensation to you. Magufy may treat Feedback as non-confidential.

• To report alleged intellectual property rights violations or counterfeit items, use our Intellectual Property Report Form. Under applicable law, including the Digital Millennium Copyright Act, we may terminate the accounts of users who repeatedly infringe others’ intellectual property rights. To notify Magufy of copyright infringement, contact our Copyright Agent at:

                     Designated Agent: 

                      Magufy Copyright Agent. Bujumbura – Burundi: andikira.magufy@gmail..com

13. Third Party Content

• We may provide information about third-party products, services, or events on our Services (“Third-Party Content”). Your interactions with Third-Party Content are solely between you and the third party. Magufy does not control or endorse Third-Party Content and provides it as a service without warranties.

• You agree to indemnify and hold harmless Magufy and our affiliates, officers, directors, agents, partners, and employees (“Magufy Parties”) from any claims arising from your use of the Services, your User Content or Feedback, your violation of these Terms, or your infringement of others’ rights.

• Your use of our Services is at your own risk. Magufy’s Services and content are provided “as is” without warranties. We do not guarantee the accuracy, completeness, or reliability of our Services or that they are free of viruses or harmful components.

• Magufy and the Magufy Parties will not be liable for indirect, consequential, or special damages, except in cases of gross negligence, fraud, or intentional misconduct. Our total liability for any claim related to these Terms or our Services is limited to the greater of $100 or the amount paid by you to Magufy in the preceding 12 months.

18. Release

• You release Magufy and the Magufy Parties from liability arising from disputes between users or third-party acts or omissions. If you are a California consumer, you waive rights under California Civil Code § 1542 regarding unknown claims.

• You agree that we may process, transfer, and store your information in the Republic of Burundi and other countries, which may not offer the same rights and protections as your local law.

• For assistance with ongoing law-related matters, law enforcement agencies may contact us via contact us form.

• Disputes will be resolved through binding arbitration, barring small claims or injunction relief. You and Magufy waive jury trials and agree to seek resolution informally. If no resolution is reached, disputes will be arbitrated according to JAMS rules.

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.