Terms of Service

1. Acceptance of Terms

By accessing and using ndotoni Stays ("the Platform"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Ndotoni Technologies Limited ("Ndotoni", "we", "us", or "our"), a private limited company registered in Tanzania.

Ndotoni Technologies Limited operates two platforms. These Terms govern your use of ndotonistays.com, our short-term stays platform for hosts and guests. Our long-term rental platform, ndotoni.com, is governed by its own Terms of Service. If you use both platforms, the terms for each apply to your use of that platform.

2. Description of Service

ndotoni Stays is an online platform that connects property owners ("hosts") with people seeking short-term accommodation ("guests") across Tanzania. We provide:

• Listing and search for nightly stays, party venues, photoshoot locations, and event spaces
• Instant booking — confirmed immediately, without waiting for host approval
• Messaging and WhatsApp-based communication between hosts and guests
• Booking and payment processing services
• Check-in instructions, house rules, and property management tools for hosts
• User profiles, reviews, and ratings

Ndotoni acts as an intermediary platform and is not a party to the booking agreement between a host and a guest. Long-term rentals (leases, monthly/annual tenancies) are handled separately by ndotoni.com. We may add, change, or remove features of the Platform at any time, with or without notice, and without liability to you.

3. Eligibility and Account Registration

3.1 Eligibility

To use ndotoni Stays, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the service under applicable laws
• Provide accurate and complete registration information
• If registering on behalf of a company or another person, have the legal authority to bind that party to these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and up-to-date

4. User Responsibilities

4.1 For Hosts

As a host, you agree to:

• Provide accurate and complete listing information, including pricing, house rules, and check-in instructions
• Upload genuine, recent photos of your property
• Honor confirmed bookings — because bookings are instant, you agree not to cancel except for genuine reasons
• Set a clear cancellation policy (Flexible, Moderate, or Strict) for each listing and honor it consistently
• Maintain your property in a safe, clean, and habitable condition
• Disclose any known defects, restrictions, or issues with the property
• Respond to guest inquiries in a timely manner
• Comply with all local short-term-rental laws, permits, and tax obligations that apply to you
• Not discriminate against guests based on protected characteristics
• Hold, or obtain, any license, permit, or registration required by Tanzanian law to offer short-term accommodation

4.2 For Guests

As a guest, you agree to:

• Provide accurate information when booking
• Review and accept the host's house rules and cancellation policy before booking
• Respect the property, its neighbors, and any occupancy or noise limits
• Report any issues or damages to the host and to Ndotoni promptly
• Use the property only for the purpose booked (e.g. not exceeding the agreed guest count)
• Leave the property in the condition you found it
• Pay all amounts due, including the nightly rate, any cleaning fee, and the service fee

5. Prohibited Activities

You may not:

• Post false, misleading, or fraudulent information
• Misrepresent your identity or your legal authority to list or manage a property
• Harass, abuse, threaten, or harm other users
• Use the platform for any illegal activity, including hosting events prohibited by local law
• Attempt to circumvent payment systems, fees, or the booking process (e.g. arranging payment off-platform to avoid fees)
• Scrape, copy, or download content without permission
• Impersonate others or create fake accounts
• Spam or send unsolicited messages
• Upload malicious code or interfere with the platform's operation or security
• Use automated systems (bots) without authorization
• Submit fraudulent reviews or damage claims
• Violate any applicable laws or regulations

6. Payments and Fees

6.1 Service Fees

Guests pay the nightly rate, any cleaning fee set by the host, and a service fee (shown as a percentage of the subtotal before you confirm a booking). Ndotoni also charges hosts a commission, deducted from the payout for each completed booking. The applicable guest service fee and host commission rates are shown before you confirm a booking (guests) or in your host dashboard (hosts); rates may vary by listing and may change at any time with notice. All fees are disclosed upfront — nothing is added at check-in — and are quoted in Tanzanian Shillings (TZS) unless stated otherwise. Except where required by law or expressly stated in these Terms, service fees are non-refundable once a booking has been confirmed.

6.2 Payment Processing

Payments are processed securely through third-party providers, including M-Pesa and Stripe. Ndotoni is not a bank or licensed payment institution; we rely on these third-party providers to process, hold, or transmit funds, and we are not responsible for their errors, delays, outages, or fraud. You agree to:

• Provide accurate payment information
• Pay all amounts when due
• Comply with the payment provider's terms
• Be responsible for any payment processing fees, currency conversion charges, or chargebacks arising from your transactions

6.3 Host Payouts

Hosts receive payouts for completed bookings, net of Ndotoni's commission, via the payout method they set up in their host dashboard. Payout timing and method may vary and are subject to verification checks.

7. Cancellations and Refunds

Each listing has a cancellation policy set by the host — Flexible, Moderate, or Strict. The specific policy for a property is shown before you book, and by booking you agree to it. Because bookings are confirmed instantly, please review the cancellation policy carefully before confirming.

Refunds are calculated according to the applicable cancellation policy. Ndotoni is not responsible for issuing refunds outside of that policy but may assist in resolving disputes between hosts and guests.

8. Relationship Between Users; Assumption of Risk

Ndotoni is a venue that helps independent hosts and guests find and communicate with each other. Hosts and guests are independent of Ndotoni and of one another. Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between Ndotoni and any user, or between any two users. Ndotoni does not control, and is not responsible for, the conduct of any host, guest, or other user, whether on or off the platform.

You are solely responsible for your interactions with other users, including check-in, key handovers, and any other in-person or off-platform meeting arranged through Ndotoni. We encourage common-sense precautions but do not supervise or guarantee the safety of any such interaction. To the fullest extent permitted by law, you assume all risk arising from your use of the platform and your interactions with other users.

9. Identity Verification

We may ask some users for identity information (such as a National ID/NIDA number) to help verify who they are. We do not independently verify the authenticity of any identity document, and we do not guarantee that any user is who they claim to be, or that any user is trustworthy, creditworthy, or free of a criminal history. You are responsible for exercising your own judgment when deciding whether to transact with another user.

10. Content and Intellectual Property

10.1 Ndotoni's Content

All content on ndotoni Stays (logos, text, graphics, software, design) is owned by Ndotoni or its licensors and protected by intellectual property laws. You may not use our intellectual property without written permission.

10.2 User Content

You retain ownership of content you post (listings, photos, reviews). By posting content, you grant Ndotoni a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content on the platform.

You represent that you have the right to post your content and that it doesn't violate any third-party rights.

10.3 Copyright Complaints

If you believe content on ndotoni Stays infringes your copyright, email info@ndotoni.com with: (a) a description of the copyrighted work; (b) the location of the allegedly infringing content on the platform; (c) your contact details; and (d) a statement, made in good faith, that you are the rights holder or authorized to act on their behalf. We may remove or disable content that we determine, in our discretion, infringes another party's rights.

11. Reviews and Ratings

Hosts and guests may leave reviews and ratings about each other after a stay. Reviews must be:

• Based on genuine experiences
• Honest and factual
• Respectful and not defamatory
• Free from conflicts of interest

Ndotoni reserves the right to remove reviews that violate these guidelines. Reviews reflect the opinion of the author, not of Ndotoni, and we do not verify or endorse their content.

12. Disclaimer of Warranties

ndotoni Stays is provided "as is" and "as available" without warranties of any kind, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose. We do not guarantee:

• Accuracy or completeness of listings
• Availability of a specific property
• Quality or condition of a property
• The identity, behavior, or reliability of other users
• Any particular financial, tax, or legal outcome from using the platform
• Uninterrupted or error-free service
• Security of data transmission

Nothing on ndotoni Stays (including our blog, guides, or support messages) constitutes legal, tax, financial, or real-estate advice. You should seek independent professional advice before making a booking, hosting, financial, or legal decision.

13. Limitation of Liability

To the maximum extent permitted by law, Ndotoni shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or data
• Property damage or personal injury occurring at a listed property
• Disputes between hosts and guests
• Unauthorized access to your account
• Errors or omissions in content
• Failures, delays, or errors of any third-party payment provider
• Service interruptions or delays, including those caused by events described in Section 17 (Force Majeure)

Our total liability shall not exceed the amount you paid to Ndotoni in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Ndotoni, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your content, listing, or booking
• Your interactions with other users, on or off the platform

15. Tax Responsibility

You are solely responsible for determining, reporting, and paying any taxes that may apply to income or payments you receive through ndotoni Stays, including hosting income. Ndotoni does not provide tax advice and does not withhold, collect, or remit taxes on your behalf, except where required by Tanzanian law.

16. Communications

By creating an account, you consent to receive transactional communications from Ndotoni related to your account, listings, and bookings via email, SMS, WhatsApp, or push notification. You may opt out of marketing communications at any time; you cannot opt out of essential account and transaction-related messages while your account is active.

17. Force Majeure

Ndotoni is not liable for any failure or delay in performing its obligations under these Terms where the failure or delay results from causes beyond our reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, civil unrest, government action or regulation, labor disputes, or outages of power, internet, telecommunications, or third-party payment networks.

18. Termination

We may suspend or terminate your account at any time if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Harm other users or the platform
• Fail to pay fees when due

You may also delete your account at any time through account settings. Upon termination:

• Your access to the platform will be revoked
• Your listings will be removed
• Outstanding obligations (including confirmed, unfulfilled bookings) remain in effect
• Certain provisions of these Terms survive termination

We may also modify, suspend, or discontinue any part of the platform at any time, with or without notice, and without liability to you.

19. Dispute Resolution

If you have a dispute with another user (for example, a damage claim or a disagreement about a cancellation), you agree to first attempt to resolve it directly with that user. Ndotoni may provide assistance but is not obligated to do so.

For disputes with Ndotoni, you agree to first attempt informal resolution by contacting us at info@ndotoni.com.

To the fullest extent permitted by law, any claim against Ndotoni must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Republic of Tanzania. Any disputes shall be resolved in the courts of Tanzania.

21. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes via email or a prominent notice on the platform. Your continued use of ndotoni Stays after changes constitutes acceptance of the new Terms.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

23. Entire Agreement

These Terms constitute the entire agreement between you and Ndotoni regarding your use of ndotoni Stays.

24. Business Information

Ndotoni is operated by a legally registered company in Tanzania, operating with full compliance to local regulations and business standards. Ndotoni Technologies Limited operates both ndotonistays.com (short-term stays) and ndotoni.com (long-term rentals).

25. Host Listing Service

By listing your property with ndotoni Stays, you agree to the following:

• Bookings on your listing are instant — a guest's booking is confirmed automatically, without a host approval step
• You set your own nightly rate, cleaning fee, minimum stay, house rules, check-in instructions, and cancellation policy
• Ndotoni earns revenue by charging guests a service fee and by deducting a commission from your payout for each completed booking; the applicable rate is shown in your host dashboard and may change at any time with notice
• You confirm that you are the legal owner or an authorized manager of the property being listed, and that you have the legal right to offer it for short-term accommodation
• You agree to keep your listing's availability, pricing, and condition accurate and up to date
• You are solely responsible for complying with any local permits, licensing, or tax obligations that apply to short-term rentals in your area
• You may connect a WhatsApp number to your listing so guests can reach you directly; you are responsible for responding through that channel
• You may remove your listing at any time from your host dashboard, and Ndotoni may remove, edit, or reject any listing at its discretion
• Ndotoni does not guarantee a minimum level of bookings, occupancy, or income

26. Promotions and Referral Programs

We may from time to time run promotions, discounts, or referral programs on ndotoni Stays. Any such program is voluntary, does not create an employment, agency, or partnership relationship between you and Ndotoni, and is governed by its own specific terms published at the time it runs. We may modify or discontinue any promotion or referral program at any time without liability to you.

27. Contact Us

If you have questions about these Terms: