Terms of Use

This document sets out the Terms of Use ("Terms") of the No Bindi digital platform ("No Bindi", "we" or "Platform").

The counterparty is the user who accesses or uses the mobile application, website or any other digital channel of the Platform, hereinafter referred to as "User" or "you".

These Terms apply to all Users, including buyers, sellers, visitors and any person who interacts with the service, regardless of their geographic location: residents in Guinea-Bissau, in the African or European diaspora.

By accessing, installing, registering or using the No Bindi Platform, the User declares that:

• They have read, understood and fully accept these Terms of Use;
• They have read and accept the Privacy Policy and the Cookies Policy, which form an integral part of this contract;
• They have full legal capacity to enter into obligations under applicable law;
• They are not prevented by any legal provision from using electronic commerce services.

Acceptance is unequivocally manifested through any act of use of the Platform, including by clicking "I Accept the Terms" during registration, by active browsing or by publishing any listing. Pursuant to the ECOWAS Supplementary Act A/SA.2/01/10 on Electronic Transactions, this electronic acceptance has full legal validity.

Continued use following changes to the Terms constitutes automatic acceptance of the changes, without prejudice to the right to disagree and close the account.

No Bindi is a peer-to-peer digital marketplace (C2C) that enables individuals and entities in Guinea-Bissau and the Guinean diaspora to advertise, search, contact and negotiate the buying and selling of goods and services among themselves. No Bindi acts exclusively as a neutral technology intermediary, not being a party to transactions carried out between users.

The Platform provides the following services and features:

• Publication, editing and management of sale listings across 19 categories, with photo uploads;
• Search and product discovery engine by category, location, price range, item condition and keyword;
• Real-time messaging system between buyers and sellers (chat with text, images, location sharing and price proposals);
• Reviews and comments system (1 to 5 star rating) following transactions between users;
• Favourites feature: save listings with automatic price change alerts;
• Custom Lists: create, share and follow themed collections of listings;
• Real-time notifications (in-app and push notifications for messages, listings and updates);
• Optional Premium Plan with advanced features for sellers;
• Tools for reporting suspicious users and listings;
• Feed personalisation via recommendation algorithm based on browsing behaviour.

No Bindi reserves the right to modify, suspend or discontinue any feature or the service in its entirety, with prior notice to registered Users wherever technically possible.

To register and use the No Bindi Platform, the User must cumulatively meet the following requirements:

• Age of majority: Be at least 18 (eighteen) years of age, pursuant to the Civil Code of Guinea-Bissau and equivalent norms of the country of residence;
• Full legal capacity: Not be subject to any measure of civil incapacity, interdiction or disqualification;
• Lawfulness of activity: Not be prevented by law, regulation or court order from participating in electronic commerce transactions;
• Accuracy of information: Provide truthful, accurate, complete and up-to-date data during registration and throughout the duration of the account;
• One account per person: Each user may maintain only one active account. Holding multiple accounts to circumvent restrictions is expressly prohibited.

Legal entities (companies, associations, cooperatives) may use the Platform, provided their legal representative meets the individual requirements and expressly states the capacity in which they act.

The registration process requires the provision of full name, email address, telephone number and creation of a password. After registration, a 6-digit verification code is sent to the indicated email address; access to the Platform is only permitted after email confirmation.

When creating an account, the User undertakes to:

• Provide accurate, complete and up-to-date information;
• Maintain the confidentiality of their access credentials, not sharing them with third parties;
• Immediately notify No Bindi at [email protected] in the event of unauthorised access to the account or suspected security compromise;
• Not assign, transfer, sell or rent the account to third parties.

The User is solely responsible for all actions carried out under their credentials, including publishing listings, sending messages and conducting transactions.

In the course of their activity on the Platform, the User undertakes to:

• Use the Platform exclusively for lawful purposes and in compliance with these Terms and applicable legislation;
• Respect the rights and privacy of other users;
• Not use automated means (bots, scrapers, crawlers) to access or extract data from the Platform without written authorisation from No Bindi;
• Not attempt to access restricted areas of the Platform or data belonging to other users;
• Not spread computer viruses, malware or any malicious code;
• Not carry out denial-of-service attacks (DDoS) or attempts to compromise the integrity of the Platform;
• Comply with all applicable tax obligations in relation to transactions carried out through the Platform;
• Respect the No Bindi Community Guidelines.

7.1 Listing Content

• The listing must accurately and truthfully describe the item or service, including its condition (new, used, like new), main features and any known defects;
• The stated price must be the actual intended price and may be marked as "negotiable";
• Images must be real photographs of the specific item, taken by the seller themselves. The use of images taken from the internet, catalogues or other platforms without authorisation is prohibited;
• The listing may not contain external contact information (phone numbers, emails, URLs) in the description or images;
• Each listing must correspond to a single specific item or service.

7.2 Publication Limits

• New accounts: maximum of 2 (two) listings in the first 24 (twenty-four) hours after registration;
• Minimum interval between publications: 5 (five) minutes;
• Active listing limit on the free plan: maximum of 10 (ten) active listings simultaneously; to publish without limits the Premium Plan must be activated;
• Duplicate listings are automatically detected and removed; intentional publication of duplicates may result in account suspension.

7.3 Availability and Updates

• The user is responsible for updating or removing the listing as soon as the item is sold or is no longer available;
• Outdated listings or listings for already sold items may be removed by No Bindi without prior notice.

No Bindi provides 19 (nineteen) product and service categories. Listings must be published in the correct category:

No Bindi reserves the right to move listings to the correct category. Intentional and repeated publication in wrong categories as a spam practice may result in sanctions. Certain categories, namely Real Estate, Vehicles, Jobs and Services, may be subject to additional rules as they involve higher-value transactions or increased risks.

No Bindi provides a reviews system that allows users to rate and comment on their experiences with other users following the completion of a transaction.

9.1 Publishing Reviews

• Reviews consist of a rating from 1 (one) to 5 (five) stars and an optional written comment;
• They must be honest, based on real facts and comply with community rules;
• False, defamatory reviews, reviews with offensive language or intended to manipulate a user's reputation are prohibited and may be removed, resulting in a penalty for the responsible account.

9.2 Review Moderation

No Bindi reserves the right to hide or remove reviews that violate these Terms or the Community Guidelines, following assessment by the moderation team. The reviewed user may contest reviews they consider unfair through the reporting mechanism available on the Platform.

9.3 Profile Verification

No Bindi offers a voluntary profile verification process that allows users to obtain a verification badge, visible on their public profile and across all their listings, increasing their credibility and trustworthiness with other users on the Platform.

• To request verification, the user must go to Settings → "Profile Verification" in the app and fill in at least one of the following: WhatsApp number, social media link (e.g. Instagram, Facebook) or an identity document photo;
• After submission, the No Bindi team reviews the request within a maximum of 7 (seven) business days. During this period, the team may contact the user via WhatsApp or the registered email address to validate identity if necessary;
• If the request is approved, the verification badge becomes active and publicly visible on the user's profile and listings;
• In case of rejection, the reason is communicated to the user in the app, who may submit a new request after correcting the indicated details;
• Profile verification is an optional process and does not constitute a condition of use of the Platform. Data submitted for verification is processed in accordance with No Bindi's Privacy Policy and used exclusively for internal validation purposes.
• If the user chooses to submit an identity document photo, No Bindi recommends writing by hand on the copy the phrase "I authorise the use of this copy for profile verification on the No Bindi platform" and signing below, as a safeguard against misuse. This is recommended but not mandatory. If no document is submitted, the No Bindi team may contact the user by phone or email to confirm their identity.

No Bindi offers an optional Premium Plan, upon payment of a subscription (monthly, quarterly, half-yearly or annual), which grants sellers the following exclusive benefits:

• Priority highlighting of listings in search results and on the main page;
• Access to advanced statistics on views, clicks and contact rate;
• Unlimited listing publication;
• "Premium" badge visible on the profile and listings;
• Priority support with a guaranteed 24-business-hour response time.

10.1 Subscription and Payment Process

The Premium Plan subscription is processed manually. The User submits proof of payment (image) through the Platform, and No Bindi proceeds with verification and activation within a maximum of 3 (three) business days. No Bindi does not process payments automatically nor store bank card details. The accepted payment methods are those indicated on the Platform at the time of subscription.

10.2 Renewal and Cancellation

The subscription is not renewed automatically. The User must proceed with a new subscription and proof of payment submission to renew the plan. Early cancellation may be requested through the Platform or by email to [email protected]. No proportional refunds are granted for early cancellation, except in the event of discontinuation of the Premium Plan at No Bindi's initiative or persistent technical failure attributable to the Platform.

10.3 Changes to the Premium Plan

No Bindi reserves the right to change the prices, features and conditions of the Premium Plan, with notification to the User at least 30 (thirty) days in advance by email or in-app notification.

The real-time chat system enables direct communication between buyers and sellers. This channel must be used exclusively for purposes related to the negotiation of the advertised items and services.

11.1 Permitted Uses

• Exchange of text messages;
• Sending images related to the advertised item;
• Voluntary sharing of geographic location for meeting purposes;
• Sending price proposals and counter-offers;
• Negotiating delivery conditions;
• Scheduling visits for inspection of items (real estate, vehicles).

11.2 Prohibited Uses in Chat

• Sending spam or unsolicited messages;
• Sharing links to suspicious external websites or phishing sites;
• Attempts to divert the transaction outside the Platform in order to bypass No Bindi's protections;
• Threats, harassment, offensive, discriminatory or defamatory language;
• Sharing sexually explicit content or unsolicited intimate images.

11.3 Monitoring and Privacy of Conversations

Conversations are private between the users involved. No Bindi does not systematically monitor the content of messages, but reserves the right to access conversations in response to user reports, court orders or legal obligations to cooperate with competent authorities.

12.1 Favourites

The User may save listings as favourites for future follow-up. The Platform generates automatic alerts when the price of an item saved as a favourite is changed by the seller, allowing the User to track price variations.

12.2 Custom Lists

The User may create themed collections of listings ("Lists"), organising them with a name, description, emoji and colour. Lists can be:

• Private: visible only to the creator;
• Public: visible and followable by any user;
• Shared via link: accessible to anyone with the share link generated by the Platform, including people without a registered account.

The User is responsible for the content of their Lists. Lists containing listings with prohibited content or that violate these Terms may be removed without prior notice.

It is strictly prohibited to publish listings, negotiate, offer or facilitate the sale of the following goods, services or content:

13.1 Prohibited Products and Goods

• Stolen, misappropriated or illicitly sourced items;
• Counterfeit, forged or intellectual property-infringing products;
• Firearms, ammunition, explosives or any lethal weapons without the required legal licences;
• Bladed weapons prohibited by law;
• Drugs, narcotics, psychotropic substances or illicit chemical precursors;
• Prescription medicines without regulatory authorisation;
• Animals protected by international conventions (CITES) and national legislation;
• Human organs or biological tissues;
• Cultural goods of unverified origin, including archaeological pieces and items of national historical interest.

13.2 Prohibited Services and Activities

• Illegal gambling services or unlicensed betting;
• Services of a sexual nature, including prostitution;
• Hacking, computer intrusion or data theft services;
• Fraud, scams, Ponzi schemes, financial pyramids or any form of financial deception;
• Money laundering or services to conceal the illicit origin of funds;
• Sale of false identities or falsified documents.

13.3 Prohibited Content in Listings and Messages

• Pornographic, sexually explicit content or content involving minors in any way;
• Content inciting hatred, racial, ethnic, religious, gender or sexual orientation discrimination;
• Personal threats or incitement to violence;
• Deliberate disinformation or misleading listings;
• False profiles or impersonation of third parties (individuals, brands or public entities).

14.1 No Bindi's Intellectual Property

All content on the Platform, including logos, trademarks, visual design, interface, source code, algorithms, databases, documentation, texts, images and sounds, is the exclusive property of No Bindi or its licensors, and is protected by applicable intellectual property laws in Guinea-Bissau, the OAPI Bangui Agreement (African Intellectual Property Organisation) and relevant international conventions (Berne Convention, TRIPS Agreements).

It is expressly prohibited to reproduce, copy, distribute, modify, decompile or reverse-engineer any component of the Platform without prior written authorisation from No Bindi.

14.2 Content Published by Users

Users retain ownership of the rights to the content they publish on the Platform (texts, images, descriptions). By publishing content, the User grants No Bindi a non-exclusive, royalty-free, worldwide and sublicensable licence to use, reproduce, modify, adapt, publish and distribute that content in the contexts of the Platform, including for indexing, search, moderation and institutional communication purposes of No Bindi.

The User warrants that they hold the necessary rights over the published content and that it does not infringe the rights of third parties. No Bindi is not responsible for content that infringes third-party intellectual property rights.

14.3 Intellectual Property Infringement Reports

Rights holders who detect infringements on the Platform must notify No Bindi at [email protected], stating the rights holder's identification, description of the protected work, location of the infringing content and a good-faith declaration. No Bindi will respond within a maximum of 15 business days.

The User is fully responsible for all their actions, omissions and content on the Platform. The User undertakes to indemnify and hold harmless No Bindi, its directors, employees, representatives and partners, from any claims, legal actions, liabilities, damages, costs and legal fees arising from:

• Breach of these Terms or any No Bindi policy;
• Infringement of third-party rights (intellectual property, privacy, reputation);
• Publication of false, misleading or unlawful content;
• Failure to comply with legal or tax obligations related to transactions carried out on the Platform;
• Fraudulent or abusive use of the Platform;
• Any dispute between Users arising from transactions carried out through the Platform.

No Bindi acts exclusively as a neutral technology intermediary and is not a party to transactions carried out between Users. To the maximum extent permitted by applicable law, No Bindi is not liable for:

• The quality, safety, legality or accuracy of descriptions of advertised items;
• The fulfilment of obligations assumed between buyer and seller;
• Disputes, damages or losses resulting from transactions between Users;
• Data losses, service interruptions or temporary technical failures;
• Indirect, special, consequential or punitive damages, even if No Bindi has been informed of the possibility of such damages;
• Content published by Users that violates the law or the rights of third parties;
• Fraudulent or unlawful behaviour by Users in violation of these Terms.

No Bindi's total liability to any User shall not exceed the amount paid by the User to No Bindi in the 12 (twelve) months prior to the event giving rise to liability, or 50,000 XOF (fifty thousand CFA Francs), whichever is greater.

This limitation does not affect the non-waivable legal rights of the consumer under applicable Guinea-Bissau legislation, nor the protections conferred by ECOWAS Supplementary Act A/SA.2/01/10.

No Bindi shall not be liable for any failure or delay in fulfilling its obligations arising from force majeure events, including but not limited to: natural disasters, acts of war or terrorism, government decisions or international sanctions, general telecommunications or energy infrastructure failures, and large-scale cyberattacks. In the event of force majeure, No Bindi will notify Users as soon as possible and will make best efforts to resume normal service.

No Bindi reserves the right to apply the following measures in the event of a breach of these Terms, the Platform's policies or applicable law, in a progressive and proportionate manner to the severity of the infringement:

18.1 Infringements with Immediate Effect

The following infringements may result in immediate suspension or ban, without prior notice:

• Publication of illegal content, including child pornography or incitement to violence;
• Proven fraud or attempted scam of other users;
• Cyberattacks or attempts to compromise the security of the Platform;
• Creation of multiple accounts to circumvent sanctions.

18.2 Right of Appeal

The User has the right to contest any disciplinary measure by submitting their position in writing to [email protected] within 15 (fifteen) business days from the notification. No Bindi will review the request and communicate the final decision within 10 (ten) business days. During the review of the appeal, the disciplinary measure remains in force.

The main reference currency of the Platform is the Franco CFA (XOF), the legal tender in Guinea-Bissau and other WAEMU member states. The Platform also supports price indication in EUR, USD, GBP and BRL for diaspora users.

19.1 No Bindi Does Not Process Payments

No Bindi does not act as a payment intermediary, does not process financial transactions between users and does not hold any funds on behalf of users. Payment of the agreed price is the exclusive responsibility of the parties involved in the transaction.

19.2 Transaction Safety Recommendations

• Prefer to meet in public and busy locations for in-person delivery and payment;
• Inspect the item before making payment;
• Be wary of offers well below the market price;
• Never transfer money in advance to strangers without guarantees;
• Report to No Bindi any attempted scam or suspicious behaviour.

19.3 Tax Obligations

Users who carry out regular commercial activity on the Platform are responsible for complying with their tax obligations before the authorities of Guinea-Bissau and/or their country of residence. No Bindi may, under the law, be required to communicate information to competent tax authorities.

In the event of a dispute between Users arising from transactions carried out through the Platform, No Bindi may, at its sole discretion and without any legal obligation to do so, offer an informal mediation service, without this implying any admission of liability.

In the event of a dispute between the User and No Bindi, the parties undertake to attempt to resolve the matter amicably within 30 (thirty) days. If an amicable solution is not possible, the parties may resort to mediation by a mutually agreed alternative dispute resolution (ADR) entity or, in the absence of agreement, to the competent courts pursuant to Section 21.

These Terms are governed by and interpreted in accordance with the laws of the Republic of Guinea-Bissau, in particular:

• Constitution of the Republic of Guinea-Bissau (1984, revised in 1996);
• Civil Code of Guinea-Bissau (Decree-Law No. 1/1997);
• Commercial Code and legislation on commercial companies;
• Applicable electronic commerce and digital signature legislation;
• Penal Code of Guinea-Bissau, in matters of criminal relevance;
• Personal data protection legislation in force in Guinea-Bissau.

For the purposes of judicial resolution of disputes, the exclusive jurisdiction of the courts of Bissau is agreed, with express waiver of any other forum. For Users resident in European Union member states, the non-waivable rights conferred by European consumer protection legislation are not displaced by this clause.

No Bindi operates in compliance with the regional and international regulatory framework applicable to electronic commerce, data protection and cybersecurity:

22.1 ECOWAS

• Supplementary Act A/SA.1/01/10 on Personal Data Protection in the ECOWAS Space (2010);
• Supplementary Act A/SA.2/01/10 on Electronic Transactions (2010): legal validity of electronic contracts.

22.2 African Union

• AU Convention on Cybersecurity and Personal Data Protection (Malabo Convention, 2014) : No Bindi aligns its procedures with the principles of lawfulness, fairness, purpose, proportionality and security in data processing.

22.3 European Union: For European Diaspora Users

• Regulation (EU) 2016/679 (GDPR): applicable to users resident in the European Economic Area;
• Directive 2002/58/EC (ePrivacy) : regulates the use of cookies and electronic communications;
• Directive 2019/770/EU : contracts for the supply of digital content and services to European consumers.

22.4 OAPI

No Bindi's intellectual property rights are protected under the Bangui Agreement and the international intellectual property conventions ratified by Guinea-Bissau.

No Bindi reserves the right to update these Terms. In the event of material changes affecting the rights of Users, No Bindi will notify registered users at least 30 (thirty) days in advance by email or in-app notification. The updated version will always be available on this page with the date of the last update. Continued use following the entry into force of the changes constitutes acceptance of the new Terms.

24.1 Entire Agreement

These Terms, together with the Privacy Policy and the Cookies Policy, constitute the entire agreement between the User and No Bindi, replacing all prior agreements or understandings.

24.2 Severability

If any provision is found to be invalid or unenforceable by a competent court, the remaining provisions remain in full force.

24.3 Waiver

The failure by No Bindi to exercise any right does not constitute a waiver of that right at a later time.

24.4 Assignment

The User may not assign their rights or obligations without the prior written consent of No Bindi. No Bindi may assign its rights in the event of a merger, acquisition or corporate reorganisation, notifying Users with reasonable advance notice.

24.5 Language

These Terms were drafted in the Portuguese language, the official language of the Republic of Guinea-Bissau and the contractual reference language. In the event of any discrepancy between translated versions and the Portuguese version, the Portuguese version shall prevail.

For any questions, complaints or exercise of rights relating to these Terms of Use:

Users who believe their rights have been violated also have the right to file a complaint with the competent regulatory authorities, including:

• The competent regulatory authority of Guinea-Bissau;
• The data protection authority in the User's country of residence;
• For users in the EU: the supervisory authority of the member state of habitual residence.