Terms of Service: Last modified: August 01, 2016
Thanks for using our products and services.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements may apply.
Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
TAZ TECHNOLOGIES LIMITED (hereinafter referred to as “TAZ TECHNOLOGIES”) having its registered office at Nairobi Business Park Ngong Road and of Post Office Box 070171411-00100 GPO Nairobi, in the Republic of Kenya in collaboration with POSTAL CORPORATION OF KENYA, (hereinafter referred to as “PCK”) having its registered office at GPO NAIROBI, offer the “MPOST SERVICE”.
The use of MPOST service by the Customer shall be subject to acceptance of the terms and conditions detailed herein below referred to as the “Terms and conditions of MPOST services”
By applying for use of MPOST Services, the Applicant acknowledges that he/she has read, understood and agrees to be bound by these Terms and Conditions.
“Applicant” shall mean an individual person above the age of 18 (eighteen) years, using an Operational mobile phone connection who makes application for MPOST Services.
“Charges” shall mean all charges pertaining to the Transactions and more particularly specified in Clause 5 hereof.
“Customer” shall mean an Applicant who, upon submission of Application and upon completion of necessary formalities, and payment of applicable charges is found to be eligible for MPOST Services.
“Force Majeure Event” shall have the meaning ascribed to it in Clause 11 hereof.
“KYC” shall mean the various norms, rules, laws and statutes issued by the Communication Authority of Kenya and other relevant government agencies from time to time and shall include any Know Your Customer guidelines issued under which TAZ TECHNOLOGIES and/or PCK are required to procure personal identification details and proof of identity from the Applicant and/ or Customer as may be required at the time of submission of Application and/or at a later date, for availing and/or continuation of the MPOST Service.
"M-POST Services” or “Services” shall mean the services offered jointly by TAZ TECHNOLOGIES LTD and PCK by which customers can enjoy some postal services electronically via their registered mobile phone numbers by receipt of SMS alerts on their registered mobile phone numbers.
a. All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
b. Words importing any gender include the other gender.
c. Reference to the Terms and Conditions shall mean and include the Terms and Conditions of MPOST SERVICES.
d. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
e. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.
3.0. GENERAL CONDITIONS
3.1 These terms and conditions form a legally binding agreement binding on the customer and his/her personal successors.
3.2 The M- POST Services can only be availed by a person who has attained the age of 18 (eighteen) years and is competent to contract.
3.3 To avail of the MPOST Services, the Applicants are required to apply through their mobile phones by accurately following the applicable prompts and availing all the required information.
3.4 The Applicant, at the time of submission of their Application, shall provide such deposit. Amount as may be specified from time to time by TAZ TECHNOLOGIES and/or PCK and which may be
Notified to the Applicants in writing via SMS or set out in the websites or advertised in electronic or print media.
3.5 The Applicant shall avail of MPOST services only upon successful Completion and verification of any applicable KYC in accordance with any Guidelines issued and applicable to MPOST services and payment of all charges applicable to MPOST services.
3.6 The Customer acknowledges that any information provided to TAZ TECHNOLOGIES and/or PCK with the intention of securing the MPOST services shall vest with TAZ TECHNOLOGIES and/or PCK (as the case may be), and may be used by TAZ TECHNOLOGIES and/or PCK, at their discretion, for any purpose consistent with any applicable law or regulation.
3.7 Any information submitted by the Customer while using the MPOST Services may only be shared with third parties by TAZ TECHNOLOGIES and/or PCK, to facilitate the provision of MPOST Services and only in accordance with any laws and regulations on privacy.
3.8 The Customer shall promptly inform TAZ Technologies and/or PCK through applicable procedure about any changes in requisite information provided at the time of application for MPOST services.
3.9 The Customer shall not use MPOST Services for any purpose that might be construed as contrary or repugnant to any applicable law, public policy or for any purpose that is contrary to TAZ TECHNOLOGIES or PCK policy or might prejudice the goodwill of TAZ TECHNOLOGIES and PCK.
3.10 The Customer shall have and shall continue to have, during the tenure of the MPOST Services being offered to the Customer, an operational mobile phone connection with a registered service provider. TAZ technologies and/or PCK shall not be liable for any failure to provide requisite SMS alerts to the Customer due to change, cancellation, termination or surrender of the mobile phone connection by the customer
3.11 The Customer shall not assign or transfer his/her MPOST Services or otherwise grant any third party a legal or equitable interest over it.
4.1 TAZ TECHNOLOGIES and PCK reserves the right to discontinue the Services and/or reject the an application at any time at their sole discretion, if there are discrepancies in the information provided by the Customer and in such cases, TAZ TECHNOLOGIES and/or PCK reserves the right to take appropriate action as they may deem fit and proper without incurring any liability in any manner whatsoever.
4.2 TAZ TECHNOLOGIES and PCK reserves the right to suspend and/or discontinue the MPOST Services at any time, without giving prior intimation to the Customer, for any one of the following reasons, including but not limited to:
(a) For any suspected violation of any rules, regulations, orders, directions, notifications issued by from time to time by government authorities may be applicable to MPOST services
(b) for any violation of these Terms and Conditions.
(c) For any discrepancy or suspected discrepancy in the particular(s) or documentation or AOF provided by the Customer;
(d) To combat potential fraud, sabotage, wilful destruction, threat to national security or
(e) for any other force majeure reasons (more particularly detailed in Clause 14.1 hereof)
5.1 Usage and operation of the MPOST services is subject to payment of service charges prescribed by TAZ TECHNOLOGIES and PCK as set out on their Website from time to time.
5.2. The Customer must pay all applicable MPOST charges to avail of MPOST Services.
5.3. TAZ TECHNOLOGIES and PCK may from time to time vary MPOST charges and shall inform customers of any changes in the charges for MPOST services through information provided on the websites or advertisement in electronic and print media.
5.4. TAZ TECHNOLOGIES and PCK shall however not be required to advise the customer on changes on MPOST charges prior to varying the charges.
6.1. The Customer shall be liable to TAZ TECHNOLOGIES and PCK for losses, expenses or damages and agree to indemnify, defend and hold harmless TAZ TECHNOLOGIES and PCK and /or the Agent harmless from any and all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses arising out of or related to its use or misuse of MPOST Services, violation of these terms and conditions or any breach of any representations, warranties and covenants made by the Customer.
6.2 The Customer shall indemnify TAZ TECHNOLOGIES and/or PCK against any fraud or any loss or damage suffered by TAZ TECHNOLOGIES and/or PCK due to the failure on the part of the Customer to communicate correct details and/or failure on the part of the Customer to communicate any change/alteration in the said details.
7.0. EXCLUSION OF LIABILITY
7.1 TAZ TECHNOLOGIES LIMITED and/or PCK make no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the services, which are not expressly mentioned herein.
7.2 TAZ TECHNOLOGIES LIMITED and/or PCK shall not be liable for any delays, loss of business, profit, revenue or goodwill, anticipated savings damages, fees costs, expense, etc. or for any indirect or consequential loss, howsoever arising, on account of unavailability/usage of M- POST Services or otherwise.
7.3 TAZ TECHNOLOGIES LIMITED and/or PCK shall not be responsible for any acts or omissions of any third party including network service providers with regard to services which are not expressly authorized by TAZ TECHNOLOGIES LIMITED and/or PCK.
7.4 TAZ TECHNOLOGIES LIMITED and/or PCK shall not be liable to the Customer or any other person for any delays, loss of business, profit, revenue or goodwill, anticipated savings damages, fees costs, expense, etc. or for any indirect or consequential loss, howsoever arising, on account of incorrect information provided by the Customer pertaining to MPOST Services,
7.5 TAZ TECHNOLOGIES LIMITED and/or PCK shall not be liable to the Customer or any other person for any loss of business, profit, revenue or goodwill, anticipated savings damages, fees costs, expense, etc. or for any indirect or consequential loss, howsoever arising, on account of unavailability/usage of M- POST Services or otherwise due to failures on the part of network service providers.
8.0 CHANGE OF TERMS
8.1 TAZ TECHNOLOGIES LIMITED and/or PCK shall at their sole discretion alter, modify or amend these Terms and Conditions from time to time and the same shall be updated and displayed by TAZ TECHNOLOGIES LIMITED and/or PCK on the Websites.
8.2 TAZ TECHNOLOGIES LIMITED and/or PCK may modify, terminate and/or suspend MPOST Services anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities and/or regulators.
9.1. If any part of these Terms and Conditions are adjudged illegal or inoperable for any reason, the same shall be severed from the remainder of this document and only that portion of this document that is specifically adjudged illegal or inoperable shall cease to govern the relationship between TAZ TECHNOLOGIES LIMITED and/or PCK and the Customer
10. OWNERSHIP AND PROPRIETARY
10.1 The Customer agrees that he/she shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of and in connection with MPOST Account and Services thereto. The Customer further undertakes that he/she shall not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the software underlying mobile postal service or create any derivative product based on the software.
11. FORCE MAJEURE
11.1. “Force Majeure Event” means any event due to any cause beyond the reasonable control of TAZ TECHNOLOGIES LIMITED and/or PCK , including, without limitation, unavailability of any communication system, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption.
11.2 TAZ TECHNOLOGIES LIMITED and/or PCK shall not be liable for any failure to perform any of its obligations under these terms or the specific terms and conditions if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
11.3 TAZ TECHNOLOGIES LIMITED and/or PCK shall inform customers any force majeure vent that prevents performance of their obligations, through notices in their websites, or any other form of communication they deem appropriate.
The Customer may request termination of M- Post Services any time by following instructions as may be provided by TAZ TECHNOLOGIES LIMITED and PCK by in their respective websites and updated from time to time by TAZ TECHNOLOGIES LIMITED. The customer will remain responsible for any MPOST services rendered prior termination.
This Agreement shall be governed by and construed in accordance with the laws of Kenya.
14. DISPUTE SETTLEMENT AND ARBITRATION
14.1 In case of any dispute arising out of or in connection with MPOST services the Customer may contact Customer Care Centre to report any disputes, claims. Further the customer hereby agrees to firstly approach any grievance redress forum provided for by TAZ TECHNOLOGIES LIMITED and/or PCK in accordance with their applicable grievance redress policy and procedures as may be set out in their respective websites before taking any other dispute resolution mechanism as provided for in these terms and conditions.
14.2 Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives, or resolved in accordance with any applicable TAZ TECHNOLOGIES LIMITED and/or PCK grievance redress policy and procedures shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.
14.3 To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
15.1 TAZ TECHNOLOGIES LIMITED and/or PCK may send information concerning the MPOST services via SMS to the Mobile Phone number associated with the application for MPOST services.
15.2 The customer hereby acknowledge that he/she has no claim against TAZ TECHNOLOGIES LIMITED and PCK for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the MPOST services.