Wahi Service Terms & Conditions Agreement

The provisions set out here relate to the services being offered to you and shall be the end-user agreement between you (“End-user” or “you”) and Wahi Pay (Wahi) for Wahi services. This Agreement (together with our Privacy Policy) sets out the complete terms and conditions (the “Terms and Conditions”) which shall be applicable to the Account (as hereinafter defined) registered by you with Wahi. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication; when the option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions:

    For the purposes of this Agreement and the preamble above, unless the context requires otherwise:

    1. Agreement means this Agreement;
    2. Biller means any merchant, business or company that is available on Wahi’s product to whom a user can remit payment;
    3. Business Day means a day other than a Saturday, Sunday or a gazetted national or public holiday
    4. Credentials means your personal credentials used to access the App and operate your Account;
    5. E-Money means the electronic monetary value depicted in your Mobile Money Account representing an equal amount of cash;
    6. Equipment​ includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network;
    7. Mobile Money Account means your mobile money store of value, being the record maintained by Mobile Money Providers, of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System;
    8. Mobile Money means the money transfer and payments service operated by the Mobile Money Providers;
    9. Mobile Network Operato​r r means a mobile network operator registered with the relevant Communications Authority;
    10. Network means a mobile cellular network operated by a Mobile Network Operator;
    11. Privacy Policy means Wahi privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us;
    12. Services​ shall include any form of financial services or products that Wahi may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;
    13. SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the Mobile Money Account;
    14. SMS means a short message service consisting of a text message transmitted from your mobile phone to another;
    15. System​ m​ means Wahi’s electronic communications software enabling you to communicate with Wahi for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through a Mobile Network Operator’s System;
    16. Store of Value​ means any payment channel that you use to make payment such as a bank, Mobile Money Account, a credit card or debit card;
    17. Wahi App means a payment services and airtime top up mobile application developed, owned and provided by Wahi;
    18. Wahi Card​ means the Wahi card issued to you; and
    19. Transaction Fees includes any fees and charges payable for the use of the Services as published by Wahi, affiliates, and billers. Transaction Fees are subject to change.
    1. The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship between Wahi and the end-user.
    2. You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Wahi before downloading or streaming the Wahi App (“the App”)or opening an account with Wahi which will govern the use and operation of the App and the Account
    3. After downloading the App, you have accepted the Terms and Conditions.
    4. By downloading the App and opening an Account with Wahi, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account and you affirm that the Terms and Conditions herein are without prejudice to any other right that Wahi may have with respect to the Account in law or otherwise.
    5. From time to time updates to the App may be issued through the website. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.
    6. By using the App or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates' and licensees' transmitting, collecting, retaining, maintaining, processing and using your data to improve our Services and/or your experience while using the App.
    1. The product is a payments platform through which users can access the Wahi services collectively known as “Wahi”
    2. Wahi payment experience is accessed in various countries as an application, including USSD, and on an eCommerce site.
    3. To access the Service, you can either:
      1. Download the App from either the Play Store or the Website and. You will be required to register using your phone number on your mobile device.
      2. We'll dial USSD code that will be availed to the public and interact with the menu presented to you
      3. Making payments with a Wahi eCommerce website for access of services
      4. Making payments using a Wahi check-out option on a biller’s platform
    4. Upon registrations, you will be able to use the following services:
      1. Bill Payments
      2. Airtime Top-Up
      3. Account Set-Up
      4. Bill presentment
      5. Bill reminders
      6. Merchant Set-up
      7. Bank Set-up
      8. Wahi Card registration and creation
    5. Services under Section 2.4 may be varied by Wahi from time to time without notice. At its discretion, Wahi may offer additional Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated
    6. Wahi does hereby reserve the right to cancel and cease offering any of its Services and/or products
    7. You, as the End-user and/or member, acknowledge, accept and agree that Wahi shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products
    8. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.
    9. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided on an "AS IS" basis and as such Wahi shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
    1. To become a “user” you will need to access to the service by means described in Section 2.3.
    2. To register and become a "user” you must be in good standing and not previously barred from receiving Wahi's Services under the laws and statutes of the country of residence or other applicable jurisdiction.
    3. When you register, Wahi may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Wahi, or sign-in to our services by a third party, you are no longer anonymous to us, and are considered a Wahi user. Your hereby acknowledge that:
      1. You as the user agree and authorise Wahi to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider, Affiliate Partner and Store of Value and you further agree and consent to the disclosure and provision of such Personal Information and further to indemnify and hold Wahi and the respective Mobile Money Provider, Biller and Store of Value; harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
      2. Wahi will verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you by the Mobile Money Provider, Biller and Store of Value and any financial services providers that Wahi shall require for purposes of providing you the Services (the “Relevant Information”).
      3. Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and;
      4. Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If you knowingly provide any information of a false, untrue, inaccurate or incomplete nature, Wahi shall be entitled (in its sole discretion) to suspend or terminate you as a member on grounds of violation of this Agreement, and as such refuse any and all current or future use of Wahi Services, or any portion thereof. It is Wahi’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children.
    4. Any and all visitors to the Play Store, website, for purposes of the App, whether or not they are registered, shall be deemed as "users" of the Services contained herein for the purpose of this TOS.
    5. Once an individual register for our Services, through the process of creating an account, the user shall then be considered a "customer."
    6. The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications, which applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Wahi.
    1. Every member's registration data and various other personal information are strictly protected by the Wahi Privacy Policy (see the full Privacy Policy at privacy policy).
    2. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the countries, for storage, processing or use by Wahi and/or our subsidiaries and affiliates.
    1. When you set up an account, you are the sole authorized user of your account
    2. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account.
    3. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS.
    4. It shall be your responsibility to notify Wahi immediately if you notice any unauthorized access or use of your account or password or any other breach of security
    5. Wahi shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
    1. As a user you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the express sole responsibility of the individual from whom the content originated. This means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Wahi Services, and as such, we do not guarantee the accuracy, integrity or quality of such content.
    2. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Wahi. Furthermore, you herein agree not to make use of Wahi’s Services for the purpose of:
      1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
      2. causing harm to minors in any manner whatsoever;
      3. impersonating any individual or entity, including, but not limited to, any Wahi officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
      4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
      5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
      6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
      7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
      8. uploading, posting, emailing, transmitting or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
      9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
      10. interfering with or disrupting any of Wahi’s Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
      11. "stalking" or stalking with the intent to otherwise harass another individual; and/or
      12. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
    3. Wahi herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services
    4. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members
    5. Wahi herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
      1. compliance with any legal process;
      2. enforcement of the TOS;
      3. responding to any claim that content therein contained is in violation of the rights of any third party;
      4. responding to requests for customer service; or
      5. protecting the rights, property or the personal safety of Wahi, its visitors, users and members, including the general public.
    6. Wahi herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Wahi or any other content providers supplying content services to Wahi.
    7. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services.
    8. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
    1. Due to the global nature of the internet, through the use of our network you hereby agree to comply with all rules of the country relating to online conduct.
    2. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws your country of residence and possibly other countries.
    3. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations.
    4. Furthermore, you state and pledge that you:
      1. are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
      2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
      3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of any applicable export and/or import laws; and
      4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation any applicable export and/or import laws.
    1. Without prejudice to Wahi’s rights as set out herein, Wahi shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website without your consent.
    2. Therefore, you hereby grant and allow Wahi such worldwide, royalty-free and non-exclusive licenses as shall be applicable in respect of the content submitted or made available for inclusion on the publicly accessible areas of Wahi sites. The license provided to permit Wahi to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing.
    3. Those areas which may be deemed "publicly accessible" areas of Wahi’s sites are those areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.
    1. Wahi provides an area for our users and members to contribute feedback
    2. When you submit ideas, documents, suggestions and/or proposals ("Contributions") for our service, you acknowledge and agree that:
      1. your contributions do not contain any type of confidential or proprietary information;
      2. Wahi shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
      3. Wahi shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
      4. the contributor’s Contributions shall automatically become the sole property of Wahi; and
      5. Wahi is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
    1. All users and/or members herein agree to fully indemnify and hold Wahi, our subsidiaries, affiliates, agents, employees, officers, partners, licensees and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees, made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Wahi Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
    1. The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Wahi 's sites.
    1. You herein acknowledge that Wahi may set up any such practices and/or limits regarding the use of our Services, including (without limitation to) the maximum number of days that any email, message posting or any other uploaded content shall be retained by Wahi, the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Wahi 's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.
    2. In addition, you also agree that Wahi has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services.
    3. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for a period of 1 year
    4. Furthermore, Wahi shall reserve the right to modify, alter and/or update these general practices and limits at our discretion
    1. Wahi shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice.
    2. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
    1. As a user of Wahi services, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to mula@Wahi.com.
    2. As a member, you agree that Wahi may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
      1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
      2. by way of requests from law enforcement or any other governmental agencies;
      3. the discontinuance of, alteration and/or material modification to our Services, or any part thereof;
      4. unexpected technical or security issues and/or problems, and any extended periods of inactivity
      5. any engagement by you in any fraudulent or illegal activities; and/or
      6. the non-payment of any associated fees that may be owed by you in connection with your relevant Wahi account account Services. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with www.mula.co.ke may (at Wahi’s sole discretion) include any and/or all of the following: (a) the removal of any access to all or part of the Services offered within www.mula.co.ke; (b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and (c) the barring of any further use of all or part of our Services (at Wahi’s sole discretion).
    1. Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser.
    2. Moreover, you herein agree that Wahi shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website
    1. You do hereby acknowledge and agree that Wahi’s Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
    2. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws
    3. Therefore, except for that which is expressly permitted by applicable law or as authorized by Wahi or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Wahi Services (e.g. Content or Software), in whole or part.
    1. You herein expressly acknowledge and agree that:
      1. The use of Wahi services and software are at your sole risk. Our services and software shall be provided on an "as is" and/or "as available" basis. Wahi and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
      2. Wahi and our subsidiaries, officers, employees, agents, partners and licensors make no warranties that:
        1. Wahi services or software will meet your requirements;
        2. Wahi services or software shall be uninterrupted, timely, secure or error-free;
        3. That such results which may be obtained from the use of the Wahi services or software will be accurate or reliable;
        4. Quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and
        5. that any such errors contained in the software shall be corrected
    2. Any information or material downloaded or otherwise obtained by way of Wahi services or software shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
    3. No advice and/or information, whether written or oral, that may be obtained by you from Wahi or by way of or from our services or software shall create any warranty not expressly stated in the TOS
    4. A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions
    1. You explicitly acknowledge, understand and agree that Wahi and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
      1. The use or inability to use our service;
      2. The cost of procuring substitute goods and services;
      3. Unauthorized access to or the alteration of your transmissions and/or data;
      4. Statements or conduct of any such third party on our service; and any other matter which may be related to our service.
  20. ​RELEASE
    1. In the event you have a dispute, you agree to release Wahi (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute, to the extent permitted by law.
    1. Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections on Warranty, Disclaimers and Limitations of Liability again.
    2. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate.
    3. Wahi 's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes.
    4. Wahi and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
    1. There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you to the extent of the laws of these specific jurisdictions.
    1. You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this Agreement.
  24. ​NOTICE
    1. Wahi may furnish you with notices, including those with regards to any changes to the TOS, by various means, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed.
    2. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
    1. You herein acknowledge, understand and agree that all of the Wahi trademarks, copyright, trade name, service marks, and other Wahi logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the exclusive property of Wahi.
    2. You herein agree not to display and/or use in any manner the Wahi logo or marks without obtaining Wahi 's prior written consent.
    1. Wahi will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Wahi may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others.
    2. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
      1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest
      2. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
      3. A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
      4. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
      5. A description of the location of the site which you allege has been infringing upon your work;
      6. Your physical address, telephone number and email address;