SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools which are completely independent of eWAKA and for which we neither monitor nor have any control nor input whatsoever.

 

You acknowledge and agree that when we provide access to such tools it is on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement or assumption of responsibility howsoever. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

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SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third- parties.

 

Third-party links on this Platform may direct you to third-party Platforms that are not controlled or affiliated with eWAKA. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

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SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions or without a request from eWAKA you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence save as provided under our Privacy Policy; (2) to pay compensation for any comments; or (3) to respond to any comments or queries raised in relation to the said submissions.

 

We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs.

 

You agree that your comments or user of our platform and services will not violate any right of any third-party, including copyright, trademark, privacy, personality or other intellectual property rights. You further agree that your comments or user of our platform and services will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third- parties as to the origin of any comments or products. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

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SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.

To view our Privacy Policy please visit the link at https://www.ewaka.tech/privacy-policy. Nonetheless eWAKA is authorised to process and use the data received by it from the use of its Service(s) or Platform.

 

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SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in

 

the Service or on any related Platform is inaccurate at any time without prior notice (including after you have placed submissions).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related Platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.

 

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SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the T&Cs, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, county or statutory regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the Internet. We reserve the right to terminate your use of the Service or any related Platform by any merchant for violating any of the prohibited uses.

 

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SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to and by you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement.

 

In no case shall eWAKA, its partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured or sold using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Neither do we warrant that the results obtained from the use of the service will be accurate, current or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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Additionally, it is covenanted that:                                                                                                                                                                     ​

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13.1 It is further agreed that eWAKA retains a summary repossession and/or realization right, such that in the event of any default in making payments for the products, product offerings and services as and when they fall due, eWAKA may exercise at its election and/or sole discretion the right to summarily reposes the vehicle, and or summarily engage a duly licensed auctioneer for purposes of proclaiming and attaching, the sums that are due and owing without recourse to court or otherwise, after issuance of a seven (7) day default notice.

 

13.2 eWAKA shall not be liable for any loss of cash or funds due to: (i) payer impersonation, (ii) forgery of the payer’s personal information or other details (iii) inaccurate information provided between the payee and the payer (iv) delays or failure of the eWAKA network and any third party integrated network or service utilised by the eWAKA network for the purposes of facilitating a transaction (v) an event beyond the reasonable control of eWAKA.

 

13.3 Subject to the provisions of this clause 13, eWAKA’s liability is strictly limited to direct and actual losses arising solely due to the wilful misconduct and proven negligence by its employees and/or agents, and such wilful misconduct and proven negligence is the proximate cause of such loss.

 

13.4 You shall be liable for all losses, liabilities, damages and bear all costs and expenses and will defend, indemnify and hold eWAKA harmless from and against any claims, liabilities, losses or damages due in any way whatsoever due (including legal fees and expenses) as a result of: 1. fraud, negligence, wilful misconduct by the customer its employees, agents and/ or independent contractors; 2. the merchant’s or user’s breach; 3. a claim received with respect to a payment made to you from a payer or any third party; 4 any claim brought against eWAKA by a third party, including claim for consequential and indirect loss claims as a result of your user of eWAKA’s provision of its services under this T&Cs; 5. a payment made without evidence of authority from the payer; 6. claims with respect to a payer denying authorising a card not present transaction and; 7. your failure to abide by the eWAKA’s instructions and procedures;8. loss of funds by a payer due to provision of inaccurate information, fraud, forgery or error; 9. a claim brought against eWAKA by a third party to the extent that the intellectual property provided by you for purposes of this agreement infringes against such third party’s intellectual property; 10. a claim occasioned due to a security vulnerability in the eWAKA network that could not be reasonably anticipated by eWAKA or was caused by customer and/or his agents or a third party network operator; 11. a reversal made upon the request of a payer through a third party network operator, a card issuer or automatically/manually initiated through eWAKA’s fraud prevention systems and/or algorithms.

 

13.5 Unless where otherwise provided for under this agreement, neither party shall be held liable under this agreement with respect to any damages or losses that are consequential, incidental or indirect in nature.

 

13.5 eWAKA’s maximum liability under this agreement shall be limited to the actual direct loss incurred by the customer or one hundred percent (100%) of the fees earned from the customer in the previous twelve months, not taking applicable taxes into account, whichever is less.

 

               13.6 This clause shall survive the termination of these terms and conditions

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SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless eWAKA and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and/or employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these T&Cs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

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SECTION 15 - SEVERABILITY

 

In the event that any provision of these T&Cs is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&Cs, such determination shall not affect the validity and enforceability of any other remaining provisions.

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SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these T&Cs for all intents and purposes.

 

These T&Cs are effective unless and until terminated by either you or eWAKA. You may terminate these T&Cs at any time by notifying eWAKA that you no longer wish to use its Service(s), or when you cease using this Platform.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these T&Cs, we may also terminate your use of our services at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

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SECTION 17 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver or renunciation of such right or provision.

 

These T&Cs and any policies or operating rules posted by us on this Platform, from time to time, or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

 

This T&Cs will be interpreted purposively and any ambiguities in the interpretation of these T&Cs shall not be construed against the drafting party.

 

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SECTION 18. DISPUTE RESOLUTION

 

If a dispute arises out of these T&Cs, and the Services the parties undertake to make every effort to reach an amicable settlement including scheduling and attending meetings. If an amicable settlement has not been reached within three (3) months of the dispute first arising, then the dispute shall be referred to arbitration.

 

Any dispute, disagreement or question arising out of or relating to or in consequence of these Terms and Conditions or relating to its construction or performance which cannot be settled amicably as referred to above shall be referred to and finally resolved by arbitration in Kenya in accordance with the provisions of the Arbitration Act, 1995 of the Laws of Kenya by a sole arbitrator who will be mutually agreed upon by the Parties, within three(3) weeks failing which such sole arbitrator may be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch, on the application of any party. The language of the arbitration shall be English. Each party shall bear its own cost of preparing and presenting its case. The costs of arbitration (including fees and expenses of the arbitrators) shall be shared equally between the parties unless the award provides otherwise.

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SECTION 19 - GOVERNING LAW

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These Terms and Conditions and any separate policies by eWAKA shall be governed by and construed in accordance with the laws of the Republic of Kenya without giving effect to the principles of conflict of law. All claims arising from these terms and conditions must be litigated in the courts of Kenya and any action or suit, concerning these Terms and Conditions or related matters shall only be brought by the parties with appropriate subject matter jurisdiction in Nairobi, Kenya regardless of the inconvenience of the forum.

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SECTION 20 - CHANGES TO TERMS AND CONDITIONS

 

You can review the most current version of the Terms and Conditions at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these T&Cs by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

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SECTION 21 – NOTICES & CONTACT INFORMATION

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All notices and other communications shall be in writing, and shall be deemed sufficiently given or furnished if delivered by personal delivery or by email with acknowledgement email or report, by delivery service with proof of delivery, or by registered mail postage prepaid, to the address specified below in the case of eWAKA and the address supplied in your contact information or at the time of placing an order. Any such notice or communication shall be deemed to have been given upon receipt.

 

 

 

For eWAKA;

 

Email: info@eWaka.tech

Postal address: P.O. Box 20201 – 00100, Nairobi, Kenya

Telephone: Call/Whatsapp: +254 769 344 352

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