By creating an account or otherwise using the Smart Fundi mobile application ("the App", "Smart Fundi", "we", "us"), you ("you", "the user") agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the App.

If you are using the App on behalf of a business (for example, as a Shop Owner or Super Agent), you confirm that you have the authority to bind that business to these Terms.

2. Definitions

“Customer” means a user who searches for, books, and pays for services offered by a Fundi, Shop, or Super Agent through the App.
“Fundi” means an independent tradesperson who registers on the App to offer handyman or artisan services to Customers.
“Shop Owner” means a user who registers a retail or hardware business on the App.
“Super Agent (Wakala Mkuu)” means a user who registers as a bulk material supplier on the App.
“Content” means any text, images, ratings, reviews, or other material submitted by a user through the App.

3. Description of Service

Smart Fundi is a digital marketplace that connects Customers with independent Fundis, Shops, and Super Agents operating in Tanzania. Smart Fundi facilitates discovery, booking, communication, and payment between these parties, but does not itself provide handyman, retail, or supply services.

4. Eligibility

You must be at least 18 years old to create an account on Smart Fundi. By registering, you represent that you meet this requirement and that all information you provide is accurate and current.

5. Account Registration and Verification

To access most features, you must register an account and select a role (Customer, Fundi, Shop Owner, or Super Agent). Depending on your role, you may be required to submit identification documents or business verification documents (such as a business licence) for review before your account is approved.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Smart Fundi promptly of any unauthorised use of your account.

Smart Fundi reserves the right to reject, suspend, or revoke verification and account access where submitted documents are incomplete, inaccurate, or fraudulent.

6. User Roles and Responsibilities

6.1 Customers

Customers are responsible for accurately describing the work or products they require, for providing a valid mobile money number for payment, and for communicating respectfully with Fundis, Shops, and Super Agents.

6.2 Fundis

Fundis are responsible for the accuracy of their profile, portfolio, and pricing information, and for the quality, safety, and legality of the services they provide to Customers. Fundis operate as independent contractors and are not employees, agents, or partners of Smart Fundi (see section 11).

6.3 Shop Owners and Super Agents

Shop Owners and Super Agents are responsible for the accuracy of their business information, the products or materials they list, and compliance with all applicable Tanzanian laws governing their trade.

7. Subscriptions, Fees and Payments

Access to certain features of the App (including the ability for Fundis, Shop Owners, and Super Agents to receive job requests) requires an active paid subscription. Current subscription pricing is displayed within the App and may be updated from time to time.

Payments are processed via Selcom's mobile money (USSD push) payment gateway, supporting M-Pesa, Tigo Pesa, Airtel Money, and Halotel Pesa. By initiating a payment, you authorise Smart Fundi to instruct Selcom to process the transaction using the phone number you provide.

By proceeding with a payment, you separately and explicitly consent to Smart Fundi's processing of your financial transaction data for this purpose, as described in Smart Fundi's Data Protection Policy — this is treated as sensitive personal data under Tanzanian law and requires your specific consent, distinct from your general acceptance of these Terms.

Subscriptions renew on the basis described in the App at the time of purchase. Event listing fees and other one-off charges are payable in full at the time of booking.

8. Cancellations and Refunds

Subscription fees are billed in advance and are non-refundable, including where a user cancels mid-cycle, downgrades, or does not use the paid features during that billing period. Event listing fees and other one-off charges are refundable only where the event is cancelled by Smart Fundi, or where the charge resulted from a verified platform error (for example, a duplicate payment or an incorrect amount charged). Approved refunds will be processed to the original mobile money account used for payment within 20 business days. To request a refund, contact Smart Fundi support at smartfundis@gmail.com.

9. Content, Portfolio and Reviews

Fundis retain ownership of the photos and descriptions they upload to their portfolio, but grant Smart Fundi a non-exclusive, royalty-free licence to display this content within the App for the purpose of enabling Customer discovery.

Customers may submit ratings and written reviews of Fundis, Shops, and Super Agents after a completed booking. Reviews must be honest and based on genuine experience. Smart Fundi reserves the right to remove reviews that are fraudulent, abusive, defamatory, or otherwise violate these Terms.

10. Prohibited Conduct

Users must not:

Provide false, misleading, or fraudulent information during registration or verification;
Use the App for any unlawful purpose, or to facilitate transactions outside the scope of legitimate handyman, retail, or supply services;
Harass, threaten, or discriminate against other users;
Attempt to circumvent Smart Fundi's payment system to avoid applicable fees;
Attempt to gain unauthorised access to the App's systems, other users' accounts, or backend infrastructure;
Post content that infringes the intellectual property or privacy rights of others.

Violation of these provisions may result in suspension or termination of your account.

11. Independent Contractor Relationship

Fundis, Shop Owners, and Super Agents are independent third parties, not employees, agents, partners, or representatives of Smart Fundi. Smart Fundi does not control the manner, quality, or outcome of the services or products they provide, and is not a party to the underlying agreement between a Customer and a Fundi, Shop Owner, or Super Agent for the provision of services or goods.

12. Disclaimers and Limitation of Liability

The App is provided on an “as is” and “as available” basis. Smart Fundi does not guarantee the availability, accuracy, quality, safety, or legality of services or products offered by Fundis, Shops, or Super Agents, and does not warrant that the App will be uninterrupted or error-free.

To the maximum extent permitted under Tanzanian law, Smart Fundi shall not be liable for any indirect, incidental, or consequential damages arising from your use of the App, or from any transaction, dispute, or interaction between users facilitated through the App. Smart Fundi's total liability for any claim arising from these Terms shall not exceed the total subscription or transaction fees paid by you to Smart Fundi in the two months preceding the claim.

13. Data Privacy

Smart Fundi's collection, use, and protection of your personal data is governed by Smart Fundi's Data Protection Policy, prepared in accordance with the Personal Data Protection Act, Cap. 44, which forms part of these Terms by reference. The Privacy Policy is published at https://smart-fundi.com/privacy.html.

14. Intellectual Property

The Smart Fundi name, logo, App design, and underlying software are the property of Barah Technologies Ltd and may not be copied, reproduced, or used without prior written permission.

15. Termination and Suspension

You may close your account at any time through the App or by contacting support. Smart Fundi may suspend or terminate your access to the App, with or without notice, if you violate these Terms, provide fraudulent information, or engage in conduct that harms other users or the platform.

16. Dispute Resolution and Governing Law

These Terms are governed by the laws of the United Republic of Tanzania. Any dispute arising from these Terms or your use of the App shall first be addressed through Smart Fundi's customer support process. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of Tanzania.

Disputes specifically relating to the processing of personal data may also be submitted to the Personal Data Protection Commission in accordance with the Personal Data Protection (Complaints Settlement Procedures) Regulations, 2023.

17. Changes to These Terms

Smart Fundi may update these Terms from time to time. Material changes will be notified to users through the App. Continued use of the App after changes take effect constitutes acceptance of the updated Terms.

18. Contact Information

For questions about these Terms, please contact:

Email: smartfundis@gmail.com
Phone: +255796381261
Address: DODOMA, DODOMA CBD, DODOMA MAKULU