- AGREEMENT TO TERMS
M-Seva Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Citiwise Solutions Ltd , doing business as M-Seva – The mobile money manager (“we, “us”, or “our”), concerning your access to and use of the http://www.mseva.co.ke website, the M-Seva mobile application, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Kenya and have our registered office on 5th floor, West End Place , Off Mai Mahiu Road, Nairobi West, Nairobi County, 28442-00200. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 14 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated on updated M-Seva Terms of Service , the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Kenya.
- RIGHTS AND RESPONSIBILITIES OF THE PARTIES
When you create an Account, you will receive a One-Time password (OTP) on the phone line being registered, to validate your registration. The registered phone number is used as the primary identifier and as such, may not be used by two different persons.
Acceptance by the company of your application for an M-Seva Account does not create any contractual relationship between you and any other third-party organization beyond these terms and conditions.
The Customer accepts responsibility for making sure he understands how to use M-Seva Services. M-Seva shall not be responsible for any losses caused by the Customer’s failure to properly use the Service. Any person applying for our Services will be deemed to have read, understood and agreed to be bound by these T&Cs.
M-Seva reserves the right to determine the Services that will be offered and will from time to time determine or specify the scope and features of our services and are entitled to modify, expand or reduce the same at any time without notice to the Customer. By making an application to use M-Seva, the Customer agrees to be bound by any future modifications, expansions, enhancements, deletions or reductions made by us.
The Customer shall indemnify and keep M-Seva free and harmless from and against all actions, claims, demands, liabilities, losses, damages, legal fees, costs, and expenses of whatever nature that may result or which M-Seva may sustain, suffer or incur as a result of negligence, fraud, collusion or violation of the terms of this agreement on the part of the Customer or third party.
The Customer further agrees and confirms that this indemnity shall remain valid, subsisting and binding upon him notwithstanding withdrawal, either partially or in totality, of M-Seva.
The Customer assumes full responsibility for the security and confidentiality of his SIM card, Mobile phone, M-Pesa registered mobile phone number, passwords and any other credentials that may be used in gaining access to the M-Seva platform through the use of their mobile phone, mobile app, website accounts.
The Customer is duly bound to acquaint himself with the detailed process and operating instructions for using the Services upon registration. M-Seva will not be held responsible for any error or omissions by the Customer.
The Client/Customer hereby confirms, declares and acknowledges that the phone number provided to M-Seva is genuinely owned by them and is in their control and that any communication from and to the said phone is and shall be within his/her knowledge and within his/her control.
The Customer shall in all circumstances accept full responsibility for any and all instructions sent to M-Seva from the phone number and hereby authorize M-Sseva to act on the instructions and process any and all transactions.
Instructions in respect of an Account must be given by or on behalf of the Customer strictly in accordance with the authorizations or mandates for the time being in effect in respect of such Account. All such Instructions sent to M-Seva from the registered phone number shall be presumed to have been given in accordance with the authorizations or mandate in effect in respect of such Account.
The sole individuals and corporate organizations shall be considered as users of M-Seva services. No responsibility shall be accepted by M-Seva for the negligence, fraud, collision or misrepresentation while using M-Seva service.
The Customer acknowledges that the M-Seva Service is dependent on Safaricom PLC (M-Pesa), Redemption partners, Network connectivity and mobile signal accessibility within Kenya. The Customer accepts that timeliness of Alerts sent by M-Seva will depend on factors affecting the telecommunication industry. M-Seva shall not be liable for non-delivery, error, loss, distortion in transmission of and wrongful transmission of Alerts to the Customer caused by the M-Seva dependent services mentioned above.
The customer acknowledges that M-Seva services will be delivered within the timelines indicated in the application and communicated to them on their screens during the selection of the respective services and/or plans.
- END USER LICENCE AGREEMENT
M-Seva-The mobile money manager is licensed to You (End-User) by Citiwise Solutions Ltd, located and registered at 5th floor West End Place, Off Mai Mahiu Road, Nairobi West, Nairobi County, 28442-00200, Kenya (‘Licensor’), for use only under the terms of this Licence Agreement. Our PIN number is P056143006U.
By downloading the Licensed Application from Apple’s software distribution platform (‘App Store’) and Google’s software distribution platform (‘Play Store’), and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as ‘Services’.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Citiwise Solutions Ltd, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (‘Usage Rules’). Citiwise Solutions Ltd acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.
M-Seva-The mobile money manager when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. M-Seva-The mobile money manager is to be used on devices that operate with Apple’s operating systems (‘iOS’ and ‘Mac OS’) or Google’s operating system (‘Android’).