BONYEZA TERMS AND CONDITIONS
These Terms and Conditions create a contract between you and BONYEZA *699# (“the Agreement”). Please read this Agreement carefully. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
- Introduction to our Services
- This Agreement governs your use of Bonyeza *699# Services (“Services”), through which you can download or subscribe to receive the Services.
- The services will be available on the USSD menu and will range from inspirational quotes, Bible verses, Betting tips, sports news amongst others that the Customer can choose from.
- Your Service Provider
The entity providing the service is Roamtech Solutions Limited, a company incorporated under the laws of Kenya and having its registered office at Mayfair Business Center, 3rd Floor, Off Parklands Road, Nairobi (referred to as “BONYEZA” “We” “Us” or “Our”).
- Who May Use the Service?
- Age: You may use the service if you are at least 18 years old.
- Permission by Guardian or Parent: If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
- Businesses: If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
- Your Use of the Service
- The service will be accessible through your mobile phone or any related device which can use a sim card from an authorized service provider e.g. Tablet, allowing you to access the service. The Service will only be provided through the mobile service provider(s) which, the Company at its sole discretion may determine from time to time.
- How to Request for the Service
- The Service can be requested by either USSD or SMS as below:
- USSD -Dialling *699# and selecting the category that you want.
- SMS- Sending keyword to the specific shortcode for the service you want
- Once you choose your category, you’ll asked to subscribe to the category you’ve chosen.
- You will be charged a daily subscription fee after successfully subscribing to the service.
- If you do not have sufficient funds in your account to cover the daily charge, you will not receive the service requested for.
- The Price for the Services does not change.
- Validity period and Auto –Renew
- The daily subscription fee will auto renew until you unsubscribe from the Service.
- In case you do not have sufficient credit your auto-renewal will be charged upon your next airtime recharge.
- Unsubscribing from the Service
- You can unsubscribe from the Service by dialing *456*20# and selecting “unsubscribe”.
- By using this Services, the you hereby agree and consent to receiving marketing or promotional SMSs from the Company at any time about its services.
- We may, from time to time, alert you of our other services offered by us that you can join or subscribe to.
- Disclaimer of Warranties; Limitation of Liability
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- IN NO EVENT SHALL BONYEZA BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).
- BONYEZA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BONYEZA MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
- IN NO CASE SHALL BONYEZA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
- BONYEZA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE BONYEZA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BONYEZA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY BONYEZA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM BONYEZA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
- THE PROVISION OF THE SERVICE IS SUBJECT TO THE AVAILABILITY OF THE MOBILE NETWORK OPERATORS CONNECTIVITY AND AS SUCH WILL ONLY BE AVAILABLE IN GEOGRAPHICAL REGIONS WHERE THE CHOSEN MOBILE SERVICE PROVIDER(S) PROVIDE (S) MOBILE TELEPHONY CONNECTIVITY. WE WILL NOT BE HELD LIABLE FOR NON-DELIVERY OR DELAY IN DELIVERY OR WRONGFUL DELIVERY OF THE SERVICE, AS A RESULT OF THE FAILURE OF THE MOBILE TELEPHONY CONNECTIVITY, AND SHALL NOT BE HELD LIABLE FOR THE QUALITY OF SERVICE OF THE MOBILE SERVICE PROVIDER.
- Changes in Terms and Conditions
BONYEZA reserves the right to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
- Governing Law
This Agreement, the relationship between You and Bonyeza and all transactions on the Services shall be governed by the laws of Kenya. You and Bonyeza agree to submit to the exclusive jurisdiction of the courts of Kenya.
BONYEZA may transfer all or part of this Agreement to an Affiliate or, if BONYEZA is sold to a third party.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- No waiver
BONYEZA’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. BONYEZA will not be responsible for failures to fulfill any obligations due to causes beyond its control.
- Entire Agreement
This Agreement constitutes the entire agreement between you and BONYEZA and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and BONYEZA.