Terms & Conditions of Use the Tanda Agent Mobile Application

The access and use of this mobile application, the “Tanda” mobile application, is subject to the following terms and conditions of use ("Conditions" and/or "Terms"). If you do not agree to abide by these Conditions, please do not register yourself or proceed to use this application any further.

 

Tanda is an initiative of Dukapay Limited (“DUKAPAY”). DUKAPAY may modify these Terms at any time without notice to you by posting revised Terms on its website (www.tanda.africat) and/or on this mobile application. Your use of this mobile application constitutes your binding acceptance of these Terms, including any modifications that DUKAPAY makes from time to time. Some of the services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall prevail.

 

The term Tanda Agent and Tanda may and will be used interchangeably and bear the same meaning and relevance.

 

DUKAPAY has the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:

  1. Restrict, suspend, or terminate your access to all or any part of its Services;

  2. Change, suspend, or discontinue all or any part of its Services;

  3. Establish general practices and limits concerning use of its Services and mobile application.

  4. You agree that DUKAPAY will not be liable to you or any third party for taking any of these actions.

 

You irrevocably and unconditionally agree, confirm, undertake and accept these terms, and other terms and conditions on registration, for access to or use of any contents, bill payment services, airtime recharge services, mobile money services, games or materials. Any amendment to these terms, and other terms and conditions from time to time shall be deemed to be accepted by you and shall be an integral part of the original terms, and other terms and conditions.

 

Tanda is an open-loop prepaid/stored-value instrument and linked to your registered Mobile Number. The value in the stored-value account can be used by you for purchase of goods/or services, payment of bills, purchase of prepaid services such as airtime, electricity, Internet bundles and so forth from any merchant associated/registered with Tanda. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party.

 

Any account not transacting for 6 months or more may be treated as expired and the value may be forfeited. You agree that DUKAPAY will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

 

Contest, Competitions and Events

If a contest, competition or event is organized by DUKAPAY then it shall be governed by the terms stated herein in addition to other terms and conditions which may be specifically applied per contest, competition or event. DUKAPAY employees, relatives, affiliates, and friends cannot participate in any contest, competition or event and shall stand disqualified with immediate effect even if participated and shall be liable to return the prize or benefit received and at its sole discretion pay penalty, damages and compensation and indemnify DUKAPAY against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives.

 

General Terms for use of Tanda Application (Tanda)

  1. Tanda can only be obtained by individuals above 18 years of age.

  2. These terms and conditions as well as any amendments thereof are part of a contract between you and DUKAPAY and govern the use of Tanda.

  3. In no case will any amount deposited in Tanda be refunded or transferred for any reason whatsoever. Tanda is not subject to redemption or renewal.



 

  1. DUKAPAY shall not be liable/responsible for any defect in the product/merchandise/goods or services availed through Tanda. DUKAPAY does not warranty against any damage or defect for the above mentioned transactions.

  2. Tanda mobile application is GPRS/EDGE/3G/Internet dependent and cannot be availed by you in the event of GPRS/EDGE/3G/Internet failure and/or download error. DUKAPAY is not responsible in any manner whatsoever for non-provisioning of the services due to GPRS/EDGE/3G/Internet failure/connectivity failure/download error.

  3. You understand and agree that PIN/password and other information with respect to your Tanda account are confidential information. You agree to immediately change the PIN on receipt and to continue changing the PIN periodically (recommended at least once every 30 days). You agree that DUKAPAY shall not be responsible if you share your PIN and other confidential information about your Tanda account with any person or fail to abide by the advice given in this paragraph about changing PIN periodically.

  4. You understand and agree that your Tanda account is linked to your registered Mobile Number. DUKAPAY will not be held liable for unauthorized use of Tanda on account of loss/theft/misplacement of Mobile Number and/or SIM unless you have informed Tanda customer care about such loss/theft/misplacement. It must be noted you shall continue to be liable for any unauthorized use of your Tanda account until you inform Tanda Customer care about such loss/theft/misplacement and request for blocking your Tanda account is executed. DUKAPAY shall not be responsible for any misuse of Tanda.

  5. The security of your personal information is ensured by the encryption of the transmission of sensitive information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

  6. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at www.tanda.africa . We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  7. DUKAPAY reserves the right to amend or withdraw Tanda without any prior notice. Tanda shall not be responsible for Operator not having required Product/SKU in its Portfolio. Tanda is not obligated to provide Services to the Customers in case the Operator/Service Provider do not have the required product or the required denomination.

  8. If DUKAPAY request registration information from you, you will provide DUKAPAY with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If DUKAPAY issue you a password, you may not reveal it to anyone. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify DUKAPAY of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. DUKAPAY will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

  9. The technology and the software underlying in this mobile application and the Services is the property of DUKAPAY, its affiliates, and its partners or licensors or associates. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying its web-sites or the Services. You agree not to modify the software underlying in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the DUKAPAY backend.

  10. Use of DUKAPAY Services is subject to existing laws and legal processes. Violators will be prosecuted to the maximum extent possible. All rights reserved. Any rights not expressly granted herein are reserved. Nothing contained in these Terms shall limit its right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of DUKAPAY Services. Contact hello@tanda.africa with problems or questions, as appropriate.

 

Disclaimers

The information, software, products and services included in or available through Tanda Services may include interruptions, inconsistencies, errors, inaccuracies or typographical errors. Changes are periodically made to the DUKAPAY Services and to the information therein. DUKAPAY and/or its respective



 

suppliers may make improvements and/or changes in Tanda Services at any time. Information and advice stated or received via Tanda Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

 

DUKAPAY and/or its respective suppliers make no representations and warranties about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within Tanda Services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. DUKAPAY and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non- infringement.

 

You specifically agree that DUKAPAY shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a Tanda service. In no event shall DUKAPAY and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Tanda Services, with the delay or inability to use Tanda Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Tanda Services, or otherwise arising out of the use of Tanda Services, whether based on contract, tort, negligence, strict liability or otherwise, even if DUKAPAY or any of its suppliers has been advised of the possibility of damages. DUKAPAY does not endorse in anyway any advertisers/contents of advertisers on its mobile applications. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. DUKAPAY shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.

 

This agreement is governed by the Laws of the Republic of Kenya. You hereby irrevocably consent to the exclusive jurisdiction and venue of Courts in Kenya in all disputes arising out of or relating to the use of Tanda Services. Use of Tanda Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold DUKAPAY, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Tanda Services. DUKAPAY reserves the right to disclose any personal information about you or your use of Tanda Services, including but not limited to its contents, contact information, account numbers, mobile number, meter number, usage activity, transaction history and device information, without your prior permission if DUKAPAY has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of DUKAPAY or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. DUKAPAY's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DUKAPAY's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Tanda Services or information provided to or gathered by DUKAPAY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between you the User and DUKAPAY with respect to Tanda Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DUKAPAY with respect to Tanda Services.

 

Dispute Resolution – Arbitration

DUKAPAY may elect to resolve any controversy or claim arising out of or relating to these Terms by binding arbitration in accordance with the provisions of the Arbitration Act [CAP 15 P.E 2002]. Any such controversy



 

or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nairobi, Kenya and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or DUKAPAY may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or the property of you or DUKAPAY, (or its agents, suppliers, and subcontractors), pending the completion of arbitration. The language of Arbitration shall be English.

 

Miscellaneous

DUKAPAY may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon its posting them on its website or delivering them to you through e-mail and/or SMS. If you do not provide DUKAPAY with accurate information, DUKAPAY cannot be held liable if DUKAPAY fail to notify you.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

 

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and DUKAPAY, and govern your use of Tanda Services, superseding any prior agreements that you may have with DUKAPAY.

Address

Contact

Legals

Computech Building,

Slip Road, Waiyaki Way

Westlands, Nairobi

P.O Box 650-00606

Hello@tanda.africa

0712 460 100

*712#

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