Updated: August 6th, 2024

Tando Ltd Terms and Conditions

These Terms and Conditions govern your use of service provided by Tando Ltd company (No. PVT-JZUAYL3M) whose registered address is Rhapta Rd. Nairobi, Kenya

Tando Ltd provides services with the help of which a person exchanges a virtual currency against a fiat currency or a fiat currency against a virtual currency for fiat currency deposits and transfers (hereinafter “The Services”). The Services are provided in cooperation with Our third-party provider(s). Your use of the Services is hence additionally subject to the terms of our third-party provider(s) which you must accept before using the Services.

This User Agreement is governed by and construed in accordance with the laws of Kenya.

By registering to the Tando Ltd platform and using The Services, you agree that you have read, understood, and accepted all the Terms and Conditions of Tando Ltd and our third-party provider(s). At any time Tando Ltd have the right to modify Terms and Conditions.

Definitions

1. Account Information refers to a private key and such information which may be provided by you as part of our security and verification procedures.
2. Business Day refers to official working day of the week in Kenya.
3. Company refers to Tando Ltd
4. Crypto-to-fiat trading refers to transactions in which virtual currency is exchanged for fiat.
5. Digital Assets refer to Virtual Currencies that exist or are stored in digital form and are digital representations of values that are not issued or guaranteed by a central bank or public authority.
6. Digital Currencies refer to digital or virtual currency that is secured by cryptography, refer to their derivatives or other types of digital assets with a certain value.
7. Eligibility Criteria refers to set of requirements that must be met.
8. Services refer to various services provided to you by Tando with cooperation with the third-party provider(s) that are based on Internet and/or blockchain technologies and offered via Tando websites, platform and mobile application. Tando Services include but are not limited to such ecosystem components as Digit Asset Exchange Platform, Wallets and Exchange services to be provided by Tando and third-party provider(s).
9. Site/Platform refers to www.tando.me website and mobile applications.
10. Users refer to all individuals or organizations that access, download or use Tando Services
11. Users Accounts refer to an account that will be created for users use on the platform and users will be provided with required Account Information to enable access to the Account.

User Agreement

These Terms of User Agreement (hereinafter “Agreement”) along with our Company Privacy Policy, constitutes a legally binding agreement between you and Tando and its affiliated companies, websites, applications and tools, concerning your access to and use of the www.tando.me website as well as any other media form, media channel, mobile website or mobile application related or connected thereto.

Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

User Account

An account will be created for your use on the Site, and you will be provided with required Account Information to enable your access to the User Account. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to them through your User Account shall be considered as access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your User Account on the Site.

Eligibility

By registering to use a Tando User Account, you represent, consent and warrant that:

• as an individual you have full legal capacity and sufficient authorizations to enter these Terms.
• you have not been previously suspended or removed from using Tando Services.
• you do not currently have a Tando User Account.
• you will not use the Tando Services if any applicable laws in the User jurisdiction prohibit the User from doing so.

You are solely responsible for ensuring that You are compliant with these Terms of Use with all laws, rules, and regulations applicable to you. If your right to access the Services is revoked or use of the Services is in any way prohibited, in such circumstances, you agree not to use or access the Site and use the Services in any way;

Access to the Site

We do not guarantee that your use of the Site will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Site without notice. We will not be liable to you including without limitation for any losses incurred due to the volatility of prices of the Digital Asset if for any reason the Site is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions of Tando and other applicable terms and conditions and that they comply with them.

Liability

Users are responsible for their actions in connection with the use of the Site, service, and their Accounts. Users are also responsible for protecting access information to the Site including, but not limited to, private keys. The Company is not responsible for the outcome, whether positive or negative, of any action performed by any of its users within or related to the Site. Some deposits and withdrawal methods require the Company to use personal details of the user including, but not limited to, name, phone number, and account number, etc. and you agree that Company can use this information to facilitate deposits and withdrawals. The Company shall be in no manner be liable for any transaction failure or loss caused due to any fault on part of the User including for the User providing any wrong information or detail. In the event the User deliberately provides false information and/or provides any misrepresentation and/or attempts to create false information and/or impersonate any other person and/or attempts to breach the Tando Terms and Conditions, the User shall be liable to indemnify the Company and the Company may take all necessary legal actions against the User, including any criminal action.

The parties agree that in no event shall the Company or its affiliates, officers, directors, agents, employees, and suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with the use of our Site, Service, or these Terms and Conditions. In case the applicable laws do not permit the limitation or exclusion of damages as described above, our aggregate liability (including the liability of our affiliates, officers, directors, agents, employees, and suppliers) in respect of claims based on events arising out of or in connection with any single member's use of the Website, whether in contract or tort or otherwise, shall in no circumstances exceed the amount of the transaction(s) that are the subject of the claim less any amount of commission that may be due and payable in respect of such transaction(s).

We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of Digital Assets that You may purchase or sell to or from a third party (including other users of the Services). We are not responsible for ensuring that a third-party buyer or seller You transact with on the Site will complete a transaction or is authorized to do so.

We shall not be liable or responsible for any risk associated with such third-party transaction, including any issue that may arise in respect of banking transactions that You may undertake in pursuance thereof.

Payments & Transactions

By making use of Tando Services, you acknowledge and agree that:

1. you are aware of the risks associated with transactions of digital currencies and other derivatives
2. you shall assume all risks related to the use of Tando services and transactions of digital currencies; and
3. Tando shall not be liable for any such risks or adverse outcomes.

Resolution of Disputes & Applicable law

• Tando and the User agree that any disputes arising between them shall initially be attempted to be resolved by mutual negotiations. In such a case, the User shall contact Tando by sending an email describing the dispute to the support@tando.me. Tando will contact the User via the email that was used for registration or any other information channel that the User provided to Tando in order to access the Platform.
• The provisions of the Services shall be governed by and interpreted in accordance with Kenyan Law and the parties submit to the exclusive jurisdiction of the Kenyan Court.
• If You experience a problem in buying or selling Digital Assets from or to a third party or If You believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, you may notify us via support@tando.me so that We may consider what action to take. Our decision in relation to such dispute shall be final and binding on You.
• Notwithstanding anything contained herein, we reserve the right to decide if a dispute exists in relation to any transaction undertaken on the Site by You with a third party and our decision in relation to the same shall be final and binding on You.

Copyrights and Other Intellectual Property Rights

Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Tando logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively " Tando Materials") are the proprietary property of Tando Ltd or our licensors or suppliers.

Amendment and Changes

We may revise these Terms and Conditions at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services.

Taxes

It is Your responsibility to determine, collect, report, and submit any taxes applicable to the payments You make or receive in connection with the use of the Site and the Service to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Fees

We charge the following fees for the Services we provide through the Application:

Risks

A considerable loss may be sustained/incurred while trading in Tando. Therefore, it is advised that you carefully determine your financial circumstances and risk tolerance before engaging in trading. Additionally, you should consider the following risks associated with Digital Assets:

1. Digital Assets are subject to evolving regulations: The regulatory environment surrounding Digital Assets is constantly changing and may differ depending on your location. Some jurisdictions may currently lack specific regulations, while others may impose restrictions on holding and transferring Digital Assets in the future. It is essential to stay informed about the regulatory developments and, if necessary, seek appropriate legal counsel.
2. Lack of recognition as a medium of payment or commodity: Virtual currencies, including cryptocurrencies, may not be recognized or authorized as legal tender or an official medium of payment by central banks, monetary authorities, or governmental/regulatory bodies. They may also not be officially recognized as commodities for trade purposes.
3. High volatility and potential total loss: The value of Digital Assets can be highly volatile and may experience significant price fluctuations. As a result, there is a risk of sustaining a total loss of your Funds.
4. Security and government crackdown risks: Since Digital Assets are held and transacted online, they are susceptible to security breaches and hacking attempts. Additionally, some governments may impose restrictions or crackdowns on the use and trading of Digital Assets, potentially compromising their integrity or anonymity. Please note that the above statement of risks associated with the trade of Digital Assets is not exhaustive, and there may be additional risks not listed or foreseen by the Company. By creating a User Account, you acknowledge that you have carefully assessed your financial standing and risk tolerance, and you confirm that they are suitable for trading in Digital Assets. Furthermore, it is crucial to remain aware of the evolving regulatory landscape and potential risks associated with Digital Assets as the regulatory environment may change over time.

Communication

When you visit the Site or send e-mails to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your email address available on the records created by you on the Site and the App and it shall be deemed to have been received by you once it is reflected assent in the outbox of our email id.

System Security, Maintenance, and Downtimes

Tando Ltd places a high priority on system security to protect the integrity and confidentiality of user data and transactions. We implement industry-standard security measures to safeguard our platform and infrastructure from unauthorized access, data breaches, and other potential threats.

System Maintenance: From time to time, Tando Ltd may conduct scheduled maintenance or updates to improve the platform's performance, security, and user experience. During scheduled maintenance, certain functionalities or services may be temporarily unavailable. We will make reasonable efforts to notify users in advance of any planned maintenance that may result in a significant disruption of services.

Downtimes and Unforeseen Events: Despite our efforts to maintain uninterrupted service, there may be instances of unexpected downtimes due to factors beyond our control, including technical issues, internet connectivity problems, cyber-attacks, force majeure events, or other unforeseen circumstances. In such situations, we will work diligently to resolve the issues and restore normal operations as quickly as possible.

Liability: While we take all necessary precautions to ensure system security and minimize downtimes, Tando Ltd shall not be held liable for any loss, damages, or inconvenience arising from scheduled maintenance, downtimes, or unforeseen events that may affect the availability or use of the Site or the Services.

User Responsibility: Users are responsible for ensuring the security of their devices, internet connections, and login credentials. It is advisable to use up-to-date antivirus software and exercise caution when accessing the platform from public networks or shared devices.

By using the Tando Services, you acknowledge and agree to the system security measures and maintenance procedures described in this section.

Customer Support

Tando Ltd is committed to providing excellent customer support to assist users with any inquiries, issues, or concerns related to the Services. Our customer support team is available to respond to queries and provide assistance during our regular business hours. Customer Support Channels: You can reach our customer support team through the following channels:

• Email: support@tando.me

Response Deadlines: Tando Ltd aims to respond to customer support inquiries as promptly as possible. We will make reasonable efforts to address your queries and concerns within two (2) business days. However, response times may vary depending on the nature and complexity of the inquiry.

Please note that our customer support team may require additional time to investigate and resolve certain issues thoroughly. We appreciate your understanding and patience in such cases.

User Responsibilities: To facilitate a smooth and efficient customer support process, users are encouraged to provide accurate and relevant information regarding their inquiries or concerns. Providing complete and detailed information will help our team understand and address your issues more effectively.

Feedback and Improvement: Tando Ltd values user feedback and suggestions. If you have any recommendations for improving our Services or customer support experience, please feel free to share them with us through the provided customer support channels.

Assignment

You acknowledge and agree that the Company can freely assign these Terms of Use or any of its rights under these Terms of Use to any person without your consent. You shall, however, not be entitled to assign these Terms of Use, in whole or in part, to another person without the prior written approval of the Company.