Terms and Conditions
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the Site and immediately terminate your use of the services. The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and OCharge, OCharge having its registered office at Fedha Plaza, Westlands, Nairobi. Services can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. OCharge reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by OCharge. By accepting these Terms & Conditions or by otherwise using the Services or the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
USE OF SITE
You understand that except for information, products or services clearly indicated as being supplied by the OCharge, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that OCharge cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
Anything that you submit on the Site, App and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall 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 submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Please note that there are cases when a purchase cannot be processed for various reasons. OCharge reserves the right to refuse or cancel any purchase for any reason at any given time. In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product or service and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the purchase within 2 days. OCharge reserves the right to proceed to direct cancellation of a purchase for which we suspect a risk of fraudulent use of credit or debit card.
We are a Reseller Only. OCharge does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. OCharge is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.
OCharge will be giving out Promotional Codes which will enable a user to get free points which can be used to pick deals. To use the promotional code on OCharge, simply enter the code in the promotional code box and you will receive your free points. OCharge reserves the right to vary the conditions of use of a promotional code or to withdraw a promotional code at any time.
OCharge will distribute points to its users against buying recharges from the OCharge Site. OCharge may also distribute points as part of promotional activities, or any other reason at its absolute discretion. OCharge reserves the right to decide the value and validity of points it gives out to its users.
The points earned by you will expire if not used within its validity period. Further, the points earned by you have no money value except the getting of discounts from respective retailers.
Discount vouchers from our various merchant partners will be made available on the OCharge platform (website / WAP Site / mobile App) at OCharge absolute discretion. These will be available to pick for an assigned value in terms of points.
OCharge reserve the right to change any time the availability, or the value of the points allocated to any discount voucher / coupon displayed on the Site.
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of OCharge.
You agree to indemnify, save, and hold OCharge, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. OCharge reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OCharge, including rights to settle, and you agree to cooperate with OCharge’s defense and settlement of these claims. OCharge will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site and App, information content on the Site and App and all the App/website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Kenyan copyright laws and international conventions. All rights are reserved.
By using the Services you agree not to:
- Use the Services for any purposes other than to purchase recharge of Telcos and/or to access the services in accordance with these Terms and Conditions and as such services are offered by OCharge.
- Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what we reasonably believe to be potentially fraudulent funds.
- Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.
- Use the Services if you are under the age of eighteen (18) without a parental sponsor or in any event use the Services if you are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law.
- Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person.
- Post or transmit any message, data, image or program which is pornographic in nature.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to OCharge.
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the services and the Site or features that enforce limitations on the use of the services
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the services in an automated manner.
- Modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- Intentionally interfere with or damage operation of the services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
- Use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission.
- Interfere or disrupt this Site or networks connected to this Site.
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network.
- Use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services.
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site.
- Sell the Services, information, or software associated with or derived from it.
- Use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
- Breach this Agreement or any other OCharge agreement or policy.
- Provide false, inaccurate or misleading information.
- Use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site.
- Purchase recharge with what OCharge reasonably believes to be potentially fraudulent funds.
- Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to OCharge, a third party or you.
- Use the services in a manner that OCharge or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
- Take any action that may cause OCharge to lose any of the services from its service providers, Telcos, payment processors or other suppliers.
- Send automated request of any kind to the Site’s system without express permission in advance from OCharge.
All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number you purchase recharge for and all charges that result from those purchases. OCharge is not responsible for any purchase of recharge for an incorrect mobile number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account or M-Pesa and a recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the Mobile Number, Operator Name, Recharge Value, Transaction Date and Order Number. OCharge shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your bank account. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.
LIMITATION OF LIABILITY AND DAMAGES
In no event will OCharge or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the Site or any reference Site, or (iii) your use or inability to use the services, the Site (including any and all materials) or any reference Sites, even if OCharge or an OCharge authorized representative has been advised of the possibility of such damages. In no event will OCharge or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with OCharge, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Shilling (Khs1000), whichever is less. You acknowledge and agree that OCharge has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and OCharge, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and OCharge. OCharge would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, OCharge’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the App and Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account(s) issued to you and deny you access to and use of this Site and App in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the OCharge shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the App, Site or with any terms, conditions, rules, policies, guidelines, or practices of OCharge, your sole and exclusive remedy is to discontinue using the Site and App
DISCLAIMER; NO WARRANTIES
To the fullest extent permissible pursuant to applicable law, OCharge and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from OCharge or through the services or the Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “OCharge” includes OCharge’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that OCharge is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the Site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the Site will be corrected. The services and the Site and any data, information, third party software, reference Sites, services, or software made available in conjunction with or through the services and the Site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. OCharge, and its third party suppliers, licensors, and partners do not warrant that the data, OCharge software, functions, or any other information offered on or through the services, the Site or any reference Sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. OCharge and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the Site or any reference Sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the Site or any reference Sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will OCharge be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site.
MODIFICATION OF THIS AGREEMENT
OCharge reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, OCharge may be required under applicable law to give you advance notice, and OCharge will comply with such requirements.
OCharge may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to OCharge.
Must be sent by courier or registered mail to:
The failure of OCharge to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by OCharge.
GOVERNING LAW AND FORUM FOR DISPUTES
Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against OCharge must be resolved by a court located in Nairobi, Kenya. You agree to submit to the personal jurisdiction of the courts located within Nairobi, Kenya for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of Kenya, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted here, under, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.