• /
Terms of Use ("Terms")

These Terms of Use ("Terms") govern your use of https://www.ona.co.tz (the "Site") and any other mobile applications, social media applications, interactive features and other resources controlled by ONA Online Auction (the "Services"). Please read the Terms carefully. By using the Site, you agree that you have read, understand and agree to be bound by these Terms. If you do not agree to the Terms below, please do not use the Site.

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.ona.co.tz website and the ONA Android and IOS mobile application (the "Service") operated by DLS Associates Limited ("us", "we", or "our").

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. By accessing the Service, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Service reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Service with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Service following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address, phone number, bank account, and/or mobile payment details.

Use of the Service

Certain services and related features that may be made available on the Service may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Service is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Service shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the Service. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Service and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Service in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Service shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of DLS Associates Limited in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

Accessibility of website

Our aim is to ensure accessibility to the website at all times, however, we make to representations of that nature and reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

User submissions

Anything that you submit to the Service and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post reviews to the Service, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

User Responsibilities.

By using the Site and Services, you agree to abide by all applicable local, state, national, and international laws and regulations, in connection with your use of the Site. You acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk.

Trademarks and copyrights

All intellectual property rights, whether registered or unregistered, in the Service, information content on the Service and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Service also are protected by copyright as a collective work under Tanzania copyright laws and international conventions. All rights are reserved.

Applicable law and jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in the United Republic of Tanzania. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Tanzania and to waive any objections based upon venue.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Tanzania in English and governed by Tanzanian law pursuant to the Arbitration Act Cap 15 of the Laws  of Tanzania, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Tanzania and is independent of either party. Notwithstanding the foregoing, the Service reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the ‘ONA Online Auction’ Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the ‘’ONA Online Auction’ Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Restrictions on Use.

We grant you a limited access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This access does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Indemnification.

By using this Site, you agree to indemnify and hold the ONA Online Auction and its affiliates, agents, co-branders or other partners and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from

  • your breach of these Terms;
  • any allegation that any user submission materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and
  • your access or use of the Site.
Waiver and Severability.

The failure of ONA Online Auction to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

We shall send notices to you by email to the email address you provide to ‘ONA Online Auction’ during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to you by registered mail shall be deemed to have been received by that party three days after the date of mailing.

Severability

If any portion of these Terms and Conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other section listed in this document.

Limitation of Liability.

ONA Online Auction is not responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to

  • the use of or inability to use the site.
  • (
  • any content contained on the site;
  • statements or conduct posted or made publicly available on the site;
  • any product or service purchased or obtained through the site;
  • any action taken in response to or as a result of any information available on the site
  • any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the site; or
  • any other matter relating to the site in no event shall the total liability of ONA Online Auction or its licensors, affiliates to you for any and all damages, losses, and causes of action exceed the amount paid by you, if any, for using any of the site.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. to the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Miscellaneous Provisions

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. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our Service. ONA Online Auction stores the address and might use it for commercial purposes.

Links To Other Web Services

Our Service may contain links to third-party website or services that are not owned or controlled by DLS Associates Limited. DLS Associates Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or services. You further acknowledge and agree that DLS Associates Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or services.

Modifications

ONA Online Auction may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via contact information you may have provided to the Site upon registration. Your continued use of the Site following any changes to the Terms or the Privacy Policy will constitute your agreement to be bound by such changes. If you object to any such changes, your sole recourse shall be to cease using the Site.

Fees and Refund Policy

“For buyer”

Deposit is a fee paid by a bidder after successful win the bid to a property. This fee is paid within 24 hours after a successful bid. The fee is being charged at 12% of the bid price. Unless otherwise stated, each property is sold through auction is subject to a deposit fee. If you are interested in a particular lot please speak to a member of the team before you bid and clearly read the terms and conditions attached to the property. It should be noted that the deposit fee forms part of the final negotiated selling price, and is received on a non-refundable basis. It is held as a commitment against the subject property until such time that exchange of contracts take place. If the sale falls through due to the seller breaching the terms of the agreement the deposit fee becomes repayable to the buyer in full. If the sale falls through due to the buyer breaching the terms of the agreement the deposit fee is non-refundable. 

Facilitation fee is a fee paid by the buyer to us for our services after winning the bid. This fee is charged at a 2% of the bid price. This fee will be payable together with the deposit fee after the winning of the bid. This fee will be received on a non-refundable basis.

Bidder Administration Fee is a fee paid by the bidder when registering to participate in a bidding of an auction. If you are interested in a particular lot, please speak to a member of the team before you bid and clearly read the terms and conditions attached to the property. It should be noted that the bidder administration fee is charged separate from the final negotiated selling price, and is received on a non-refundable basis.

Any bid submitted without the bidder paying the requisite bider adminstration fee (bider subscription fee) shall not be considered as a valid bid and no winner shall be proclaimed out of that bid.

“For Seller”

Seller Administration fee is a fee paid by the seller of the property when registering the property for sale or auction. Please note that the seller administration fee is charged separate from the facilitation fee or any other agreed fee, and is received on a non-refundable basis.

Facilitation fee is a fee paid by the seller of the property to us during the course of the transaction of the particular property. Unless otherwise provided in a particular property the facilitation fee will be charged at a 3 % of the bid price. This fee will be automatically deducted after payment of the deposit fee by the buyer. This fee is received on a non-refundable basis.

Contact us

If you have any questions about these Terms, please contact us via info@ona.co.tz