These Terms of Service ("Terms") govern your access to and use of the BFC Surveys mobile application, website, and related services (the "Service") provided by BFC Consultancy ("BFC", "we", "us"). By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 16 years old and capable of entering a binding contract under the laws of your country. By using the Service you confirm that this is the case. If you are using the Service on behalf of an employer, contracting agency, or other organisation, you represent that you have the authority to bind that organisation to these Terms.
2. Your account
- You are responsible for the information you provide during registration and for keeping it accurate.
- You must keep your password and any device PIN confidential. Do not share your account.
- You are responsible for all activity on your account. Notify us immediately at [email protected] if you suspect unauthorised access.
- We may verify your identity, age, or assignment with your employer before activating your account.
3. Acceptable use
You agree that you will not, and will not attempt to:
- submit false, fabricated, or fraudulent survey answers, photos, or location data;
- complete a survey without physically visiting the assigned outlet, or misrepresent the time or place of an audit;
- upload any photo containing identifiable individuals without their consent, sexually explicit material, hate speech, or anything illegal;
- copy, sell, sublicense, or commercially exploit any part of the Service or its content;
- reverse-engineer, decompile, or attempt to extract the source code of the app, except where this is expressly permitted by law;
- introduce malware, attempt to circumvent security or authentication measures, or interfere with the Service or other users;
- use automated tools, bots, or scripts to access the Service except as we expressly permit;
- use the Service in any way that breaches the laws of Zimbabwe or any other jurisdiction in which you operate.
We may suspend or terminate accounts that breach these rules.
4. Content you submit
You retain whatever rights you may have in the survey content, photos, and observations you submit through the Service. By submitting content, you grant BFC and the client whose audit you are completing a worldwide, royalty-free, non-exclusive, sublicensable licence to host, store, reproduce, modify (for formatting and analytics), display, and distribute that content for the purpose of operating the Service and delivering audit results to the client.
You confirm that you have the right to submit each piece of content, that it does not infringe anyone's rights, and that the photos you submit accurately reflect the outlet you visited.
5. Service availability
We work hard to keep the Service running but do not guarantee uninterrupted availability. We may add, change, suspend, or remove features at any time. Where reasonably possible we will give you advance notice of material changes.
6. Mobile data, devices, and offline use
You are responsible for any mobile data charges and for keeping your device secure. The app supports offline survey collection; you understand that surveys saved offline only count as submitted once they have successfully synced to our servers.
7. Intellectual property
The Service, including the BFC Surveys app, the website, the BFC name and logo, and all related software, designs, and trademarks, is owned by BFC Consultancy and its licensors. Except for the limited licence to use the Service granted to you under these Terms, nothing in these Terms transfers any intellectual-property rights to you.
8. Third-party services
The Service relies on third-party providers including Google Cloud / Firebase, Apple Push Notification service, and Google Maps. Your use of those services may be subject to their own terms and privacy policies, and we are not responsible for them.
9. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.
10. Termination and account deletion
You may delete your account at any time, in the app or at https://bfc-surveys-nefsqefi.on-forge.com/account/delete. We may suspend or terminate your account if you breach these Terms, if your employer or assigning agency informs us that you are no longer authorised to use the Service, or if we are required to do so by law. On termination, the licence granted in Section 4 in respect of survey content already submitted survives so that the client and BFC can continue to use that content for legitimate audit and reporting purposes.
11. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, BFC disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
12. Limitation of liability
To the maximum extent permitted by law, BFC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service. Our total aggregate liability to you for any claim arising out of or relating to the Service is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) USD 100. Nothing in these Terms limits liability that cannot lawfully be limited.
13. Indemnity
You agree to indemnify and hold harmless BFC Consultancy, its directors, employees, and agents from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.
14. Governing law and disputes
These Terms are governed by the laws of Zimbabwe. The courts of Harare, Zimbabwe have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, except that BFC may bring proceedings to protect its intellectual property in any competent court.
15. Changes to these Terms
We may update these Terms from time to time. When we make material changes we will update the "Last updated" date at the top of this page and, where appropriate, notify you in the app or by email. Your continued use of the Service after the update means you accept the revised Terms.
16. Contact
Questions about these Terms? Email [email protected] or write to BFC Consultancy, 144 Domboshava Road, Hellensville, Borrowdale, Harare, Zimbabwe.