GENERAL TERMS AND CONDITIONS OF USE

NOTICE: PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) AND OUR PRIVACY POLICY CAREFULLY. THE AGREEMENTS ARE JOINTLY REFERRED TO AS (“THE AGREEMENTS”). The Agreements are legally binding and set out the terms and conditions upon which you may access and use the service via the web application at: http://www.shujaa-arena.ke

The Agreements tell you who we are and what service we provide, what to do if there is a problem and how to terminate the service. The Agreements also explain how we may use, share or otherwise process your personal information such as your name and surname, mobile telephone number, email address etc., please see our Privacy Policy.
We strongly recommend that you print the Agreements out and read them in full or alternatively, a hard copy is available on written request to us using the contact details below (please scroll down to see full details in the section titled ‘Customer Service’). We also recommend that you check the Agreements regularly.

If you are under 18 years old or you do not wish to be bound by the Agreements, you may not access or use the Payment Service and should exit immediately.

Our service enables you to purchase the Language App (as described below) for a flat daily fee using your supported mobile device and your mobile network operator (“MNO”) allows us to charge the amount directly to your bill or prepay account, once this charge has been authorized by you (the “Payment Service”).
Please also note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to services provided under this Agreement.

YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THIS AGREEMENT BEFORE USING THE PAYMENT SERVICE.

1. INTRODUCTION

1.1 The language application uses innovative technology to enhance and transform the way in which you learn languages (the “Language App”) and is owned by Buongiorno.
1.2 You can purchase the Language App via our Payment Service for a daily fee (please scroll down to see full details in the section titled ‘Subscription’ below) in accordance with the terms and conditions of the Agreements. For the avoidance of doubt, if you use or download the Language App, you are also subject to Buongiorno. terms and conditions.
1.3 You acknowledge that by agreeing to the terms of this Agreement and/or by continuing to use the Payment Service, you are bound by the entirety of the Agreements. We reserve the right to make any amendments to the Agreements and any such changes will be highlighted in red for a period of 4 (four) weeks. We encourage you to review the Agreements, which are updated periodically. Your continued use of the Payment Service will be deemed to be your acceptance of any changes to the Agreements. If the modified Agreements are not acceptable to you, your only recourse is to cease using the Payment Service (for further details, please scroll and see the section titled ‘Customer Service’).

2. AGE REQUIREMENT

2.1 The Payment Service is not aimed at children. You must be at least 18 (eighteen) years old to use the Payment Service. If you are under 18 (eighteen) you should cease using the Web App and exit immediately.
2.2 By granting your child permission to use the Payment Service, you agree to the terms and conditions of the Agreements on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Payment Service. If your child is using the Payment Service and does not have your permission, please contact us immediately on our helpline (noted at the bottom of this Agreement) so that we can disable his or her access.

3. YOUR REPRESENTATIONS

3.1 By seeking to subscribe to the Payment Service and using the Payment Service you hereby confirm to us that at all such times you:

a) are resident in the Republic of Kenya and it is your main residence;

b) are aged 18 years or over;

c) are of sound mind and capable of taking responsibility for your own actions;

d) have the power to enter into a legally binding agreement (you are not legally barred from doing so for any reason) and you are the person whose details are provided in connection with your subscription to the Payment Service;

e) are acting as principal and not on behalf of anyone else;

f) are the authorized owner of the mobile device which you provided when you completed subscription to the Payment Service;

g) are located in a jurisdiction in which such subscription to the Payment Service and access and/or use of the Payment Service is not unlawful or contrary to any applicable regulation. It is your responsibility to ensure that this is not the case.

h) shall not share or distribute any Language App to other persons who have not subscribed to the Payment Service.

3.2 Persons in breach of this Agreement are not entitled to access and/or use the Payment Service and could be committing fraud and be subject to criminal prosecution.

3.3 You cannot use the Payment Service unless you have first completed the subscription to the Payment Service.

3.4 You hereby warrant to us that all information provided in your subscription to the Payment Service and all personal data provided to us is complete, true and accurate and not misleading and that you will notify us immediately of any change.

3.5 You undertake to access and/or use the Payment Service for legitimate and personal entertainment purposes only.

3.6 You undertake to abide by all applicable laws and regulations when using the Payment Service and to be solely responsible for all matters arising from your use of the Payment Service.

3.7 You undertake not to use the Payment Service in any way which might infringe any rights of any third party or give rise to a legal claim against us by any third party;

3.8 You undertake not to damage, interfere with or disrupt access to the Payment Service or do anything that may interrupt or impair its functionality (nor assist, encourage or permit any other person to do so).

3.9 You undertake not to obtain or attempt to obtain unauthorized access through whatever means to the Payment Service or any part of it (nor assist, encourage or permit any other person to do so).

4. SUBSCRIPTION
4.1 The Payment Service can be accessed via the : Web App via http://www.shujaa-arena-ke/ Payment Service Description:

Price : XXXXX

Unsubscription USSD string : XXXXX

4.2 Before you are able to fully access or use the Payment Service you will be required to subscribe to the Payment Service in one of the following ways:

Web App: By clicking on an advertising banner and following the instructions noted on the subsequent pages to:
i. click on the button e.g. “CONFIRM”, “ACCEPT” or “YES” button to complete your subscription; or
ii.by visiting the Web App directly and following the instructions to subscribe to the Payment Service. Once your subscription to the Payment Service is complete you will be able to use and/or access the Payment Service.

Upon completion of the subscription to the Payment Service we will confirm by SMS text message to the mobile number which you provided, that you have successfully subscribed to the Payment Service.

4.3 The subscription fee to the Payment Service is always mentioned at the point of purchase i.e. commencement of subscription period or on date of accessing the Payment Service.

4.4 Following subscription to the Payment Service you will be provided with access to the Payment Service as applicable either via http://www.shujaa-arena.ke/ for the Web App. Transactions made using your registered mobile number are accepted by us on the understanding that you are the account holder and that you are authorized to register this mobile number, pay for and access the Payment Service. If your mobile device is used by anyone other than yourself, we will accept no liability for the consequences or costs incurred from such misuse, or for the loss, theft, and misuse of your information.

4.5 You agree to be solely responsible at all times for all access and/or use of the Payment Service. You are responsible for keeping all your user identification details, which may include your mobile number, email address, password or user name (“User Data”) confidential. You are also responsible for ensuring that all persons who access the Payment Service through your internet connection are aware of this Agreement and are in full compliance with its terms.

4.6 We reserve the right to disable any User Data whether chosen by you or allocated by us at any time if in our sole opinion you have failed to comply with any of the provisions of this Agreement.

4.7 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including any third party, which may keep a record of such information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension or termination of your subscription to the Payment Service.

4.8 We reserve the right to refuse, suspend and/or terminate your subscription to the Payment Service immediately and without consulting or notifying you or giving you reasons in the event that you publish, cause the publication of and/or send via the Payment Service any actual or potentially defamatory, offensive or obscene language or material or if you breach, or are suspected of any breach of this Agreement, any applicable law, regulation, code or request of a MNO (mobile network operators) and/or regulators or should we deem it in our best interests and/or other customers to do so.

4.9 It is your sole responsibility to ensure that at all times you comply with all laws and regulations with respect to the Language App, which is made available to you through the Web App, in any jurisdiction where you are located or are a resident and that you have a complete and unrestricted legal right to subscribe to the Payment Service, access and/or use the Payment Service in whole or part.

4.10 Use of the Payment Service will be closely monitored to ensure that no customer is using the Payment Service with a frequency or in a manner which might suggest that he or she is using it except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the subscription to the Payment Service if we consider or suspect that the Payment Service is being used in this way.

4.11 If any of your User Data or other information relevant to your subscription to the Payment Service change you must inform us immediately by contacting us using the contact information provided in the ‘Customer Service’ section below.

5. SUBSCRIPTION CHARGES
5.1 The Payment Service being a mobile subscription service is charged at a flat fee 50KES/day exact price depending on the existing campaign at time of joining and network operator) which offers you unlimited access to the Language App via the Web App http://www.shujaa-arena.ke / while you remain subscribed to the Payment Service. You will pay the price detailed by charging the purchase to your monthly account or prepaid account provided by your MNO. The subscription fee shall become due at the end of the specific subscription period while you are subscribed to our Payment Service irrespective of whether or not the Web App is actually accessed during any particular subscription period.

5.2 Your contract for the Payment Service is with us and not with your MNO. Your MNO has agreed with us to simply to charge the amount directly to your bill or prepay account. Once this charge has been authorized by you, you must pay your MNO (for monthly accounts) the amount charged. You are therefore wholly responsible for checking that you are happy with the seller (us), price and the Payment Service before making a purchase commitment.

5.3 MNO charges may also apply and all prices stated and/or otherwise communicated to you are inclusive of VAT (where applicable). The Payment Service is being provided on a subscription basis and this means it will renew automatically after the end of the specific subscription period unless and until the you decide to opt out or unsubscribe.

6. REFUND
6.1 If you reside in the Republic of Kenya and have purchased one of our subscription services with a recurring charge, section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) entitles a customer to cancel without reason and without penalty any sale concluded on a website within 7 (seven) days after date of the conclusion of an agreement for services (“Cooling Off Period”) and to obtain a full purchase price refund within 30 (thirty) days of date of cancellation thereafter, but provided that you notify us of your cancellation in writing.

6.2 Where the Cooling Off Period does not apply you may cancel the subscription to the Payment Service at any time by following the instructions given in the text SMS message sent to you after your purchase. However, if you do cancel then we are not obliged to refund any part of the subscription fee unless we have breached a material term of this Agreement or are otherwise required by law to do so. In all other circumstances a refund will be at our sole discretion. No refunds will apply for early abortive Language Apps or termination of the Payment Service following a payment period.

6.3 Nothing in this Agreement affects or limits your legal rights as a consumer under Consumer Protection Act, 2008, as amended from time to time (“CPA”) or any other applicable law. For further details on cancellation (whether or not within the Cooling Off Period) or any enquiries, please contact us directly using the details stated in the ‘Customer Service’ section below. The ‘Customer Service’ section also contains details of the Consumer Goods and Services Ombud (the “CGSO”) as well as the National Consumer Tribunal (“NCT”) (who can provide further advice about your rights).

7. ACCESS AND USE OF THE PAYMENT SERVICE
7.1 In order to access and/or use the Payment Service follow the information shown on your device’s screen to complete subscription.

7.2 To access the Payment Service you must ensure that your mobile device is compatible with the Payment Service and that it is correctly configured for use for Android and iOS devices.

7.3 Any use of the Payment Service by you is on an « as is » and an « as available » basis. You agree and accept that the Payment Service is not a fault-free service and is for your own personal use and shall not be used for commercial purposes.

7.4 Your agreement with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any part of the Payment Service.

7.5 We reserve the right to change the format of the Payment Service and./or the Web App (in whole or part) to enhance them, correct any defects or provide upgrades and under the circumstances prescribed in the Regulation of Interception of Communications and Provisions of Communications-Related Information Act, 70 of 2002 (as amended from time to time) (“RICA”) we also reserve the right to record all telephone calls made to us and to monitor, intercept, block, filter, read, delete, edit, disclose and use communications and all information sent or posted via the Web App and/or relating to the Payment Service for which purposes you consent.

8. VIRUSES, HACKING AND OTHER OFFENCES
8.1 You must not attempt or encourage the misuse of the Payment Service by introducing viruses, Trojans, worms, logic bombs, spider, robot web crawler, automated query program or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the server on which the Payment Service is stored or any server, computer or database connected to the Payment Service. You must not attack the Payment Service via a denial-of-service attack (“DoS”) or distributed denial-of-service attack (“DDoS”).

8.2 By breaching Clause 8.1 above, you may be committing a criminal offence under the Kenyan law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Payment Service will cease immediately without notice to you and without us incurring any liability whatsoever.

8.3 We will not be liable for any loss or damage caused by the DoS, DDoS, viruses or other technologically harmful material that may infect your device and/or computer equipment, computer programs, data or other proprietary material due to your use of the Payment Service or downloads of the Language App, or other material posted on or via the Payment Service.

9. SPECIAL PROMOTIONS
9.1 We may from time to time run promotions including free news and/or content which is free to access, award prizes and provide you with marketing or promotional materials if you have completed your subscription to the Payment Service.

9.2 The rules of entry or access to any promotions will be displayed on the Payment Service and may sometimes be restricted only to a first-time user.