1. Acceptance of These Terms
These Terms of Service ("Terms") form a binding agreement between you and Bele Technologies (Pty) Ltd, registration number BW00006518156 ("Bele Technologies", "Bele", "DULA", "we", "us" or "our"), governing your access to and use of the DULA property marketplace at dulabw.com and the DULA mobile application (together, the "Platform"). By creating an account, browsing a listing, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
These Terms should be read together with the DULA Privacy Policy and the DULA Cookie Policy, each available at dulabw.com and incorporated into these Terms by reference.
2. Definitions
- "Platform" means the DULA website at dulabw.com and the DULA mobile application.
- "Listing" means a property, room, or roommate advertisement published on the Platform.
- "Seeker" means a user searching for accommodation on the Platform.
- "Owner" means a user who lists a property they own or are otherwise legally entitled to let, sell, or advertise.
- "Agent" means an estate agent or agency user who lists property on behalf of an Owner or client.
- "Digital Address" means the unique DULA address identifier assigned to a user or property (format DULA-BW-[CountryCode]-[CityCode]-[UniqueHash]).
- "Contact-Unlock" means the freemium feature by which a Seeker pays a fee to reveal an Owner's or Agent's contact details for a specific Listing.
- "Subscription" means a paid daily, weekly, monthly, or annual plan giving an Owner or Agent enhanced listing privileges.
3. Eligibility and Account Registration
- You must be at least 18 years old and have legal capacity to contract under Botswana law to register for or use the Platform.
- You must provide accurate, current, and complete information when registering, and keep it up to date.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- You must notify us immediately at info@beletechno.co.bw if you suspect unauthorised access to your account.
- We may suspend or decline to register any account where information provided is false, misleading, or cannot be verified.
4. Roles on the Platform
4.1 Seekers
Seekers may search, save, and enquire about Listings, and may use the Contact-Unlock feature to obtain an Owner's or Agent's contact details for a specific Listing on payment of the applicable fee.
4.2 Property Owners
Owners represent and warrant that they own, or are otherwise legally authorised to let, sell, or advertise, each property they list, and that all information in a Listing is accurate, current, and not misleading.
4.3 Estate Agents
Agents represent and warrant that they hold any licence or authorisation required under Botswana law to act as an estate agent, and that they have the Owner's or client's authority to publish each Listing they submit on the Owner's or client's behalf.
4.4 Identity Verification (KYC)
We may require a Property Owner or Estate Agent to complete identity verification before publishing a Listing, receiving a Contact-Unlock payment, or accessing certain features, involving submission of identity documents and, for Agents, evidence of licensing or authorisation. We may suspend or decline to publish a Listing, or suspend an account, where requested verification information is not provided or cannot be confirmed. Identity information is processed in accordance with the DULA Privacy Policy and is not displayed publicly beyond what is necessary for the Platform to function.
5. Listings
- A Listing must accurately describe the property, including its location, price, availability, and condition.
- Prohibited Listings include: properties the lister does not own or have authority to advertise; fraudulent, duplicate, or misleading Listings; Listings for properties outside Botswana unless expressly permitted; and Listings that discriminate unlawfully or that advertise activity prohibited by Botswana law.
- We may remove, suspend, or decline to publish any Listing that we reasonably believe breaches these Terms, without liability to the lister.
- We do not inspect, verify title to, or guarantee the condition of any property listed on the Platform, except where a specific verification feature is expressly offered and described as such.
6. Fees, Subscriptions, and Payments
- Owners and Agents may list under a free tier (where offered) or a paid Subscription (daily, weekly, monthly, or annual) or a one-time listing fee, as displayed on the Platform at the time of purchase.
- Seekers pay a Contact-Unlock fee to reveal an Owner's or Agent's contact details for a specific Listing. Once contact details are revealed, the fee is earned and the Contact-Unlock is non-reversible.
- Payments are processed through our mobile money partners — Orange Money, Mascom MyZaka, and BTC Smega. Each transaction is also subject to the relevant mobile money provider's own terms, and mobile money services are regulated by the Bank of Botswana.
- Subscription and listing fees are billed in advance for the selected period and do not renew automatically unless you elect an auto-renewing plan; where offered, you may cancel auto-renewal at any time before the next billing date.
- In accordance with the Electronic Communications and Transactions Act, 2014, you may cancel a Platform subscription or listing-fee purchase within 7 days of purchase without penalty, provided the underlying service has not yet been substantially performed. Once a Listing has been published or a Contact-Unlock has revealed contact details, that specific service is treated as delivered and is non-refundable.
- All fees are quoted in Botswana Pula (BWP) and are exclusive of any applicable tax unless stated otherwise.
7. The Digital Address System
DULA assigns a Digital Address to registered users and, where applicable, to properties, in the format DULA-BW-[CountryCode]-[CityCode]-[UniqueHash]. A Digital Address is a DULA-specific identifier for locating and referencing users and properties on the Platform. It does not replace, and is not a substitute for, any official address, land parcel, or postal system maintained by government authorities in Botswana, and must not be represented as such.
8. User Conduct
When using the Platform, you must not:
- Post false, misleading, fraudulent, or unlawful content or Listings
- Circumvent, or attempt to circumvent, the Contact-Unlock or Subscription features to obtain contact details or Platform functionality without payment
- Harass, threaten, or discriminate unlawfully against another user
- Scrape, reverse-engineer, or use automated means to extract data from the Platform without our prior written consent
- Use the Platform to facilitate any transaction prohibited by Botswana law, including money laundering or the financing of unlawful activity
- Impersonate any person or misrepresent your affiliation with any person or entity
9. DULA's Role as a Marketplace Facilitator
DULA is a marketplace that facilitates connections between Seekers, Owners, and Agents. We are not a party to, and assume no responsibility for, any tenancy, sale, or other agreement concluded between an Owner or Agent and a Seeker. We do not act as a letting agent, conveyancer, or party to any lease, sale, or occupation agreement, and we do not guarantee the availability, condition, legal status, or accuracy of any Listing. Users are responsible for conducting their own due diligence, including verifying ownership, title, and the terms of any tenancy or sale, before concluding a transaction.
10. Intellectual Property
The Platform, including its software, design, Digital Address system, and the "DULA" and "Bele Technologies" names and marks, are the property of Bele Technologies (Pty) Ltd or its licensors and are protected under Botswana intellectual property law. You may not copy, modify, distribute, or create derivative works from the Platform without our prior written consent. By submitting a Listing, photographs, or other content, you grant Bele Technologies a non-exclusive, royalty-free licence to host, display, and distribute that content on the Platform for the purpose of operating the marketplace.
11. Privacy and Data Protection
Our collection, use, and disclosure of your personal data is governed by the DULA Privacy Policy and the DULA Cookie Policy, which are incorporated into these Terms by reference and are prepared in accordance with the Data Protection Act, 2024 (Act No. 18 of 2024).
12. Disclaimers and Limitation of Liability
- The Platform is provided "as is" and "as available", without warranties of any kind, whether express or implied, to the fullest extent permitted by Botswana law.
- We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.
- To the fullest extent permitted by law, Bele Technologies' aggregate liability to you for any claim arising from or relating to the Platform or these Terms is limited to the total fees you paid to Bele Technologies in the 12 months preceding the claim.
- We are not liable for any dispute, loss, or damage arising from a transaction, tenancy, or agreement between an Owner, Agent, and Seeker, or from the accuracy of any Listing.
- Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under Botswana law, including under the Consumer Protection Act, 2018 and the Electronic Communications and Transactions Act, 2014.
13. Indemnification
You agree to indemnify and hold Bele Technologies harmless against any claim, loss, or liability arising from your breach of these Terms, your Listing content, or your use of the Platform, save to the extent caused by our own negligence or wilful default.
14. Suspension and Termination
- You may close your account at any time by contacting info@beletechno.co.bw.
- We may suspend or terminate your account, in whole or in part, where you breach these Terms, where required by law, or where we reasonably believe your conduct poses a risk to the Platform, other users, or Bele Technologies.
- Sections 10 (Intellectual Property), 12 (Disclaimers and Limitation of Liability), 13 (Indemnification), and 15 (Governing Law and Dispute Resolution) will survive termination.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Botswana. Any dispute arising from or relating to these Terms or your use of the Platform that cannot be resolved through good-faith negotiation within 30 days will be submitted to the exclusive jurisdiction of the courts of Botswana.
16. Changes to These Terms
We may update these Terms from time to time to reflect changes in the Platform or applicable law. We will notify you of material changes through the Platform or by email, and continued use of the Platform after such notice constitutes acceptance of the updated Terms.