New M-Pesa Agent Terms and Conditions

TERMS AND CONDITIONS FOR THE APPLICATION OF AN MPESA OUTLET AND OR LIPA NA MPESA SERVICE

1.    Welcome

1.1       The following are the terms and conditions under which Woodbine company Limited will provide you with access to Apply for an Mpesa Outlet and or Lipa na mpesa Service  (“the Service”) offered to you through this website (“Site”).

1.2       Any reference to “Woodbine”, “us”,”we” or “our” means Woodbine Company Limited or its permitted assigns and any reference to “you” or “your” refers to you, the user of the Service (including any person who we reasonably believe is acting with your authority or knowledge).

2.            Acceptance of Terms

By registering, viewing, accessing or using the Site you will be deemed to have read, understood and accepted these terms and conditions and any subsequent amendments or variations. 3.    Accessing the Service

3.2       Age restrictions

The content on the Site is intended to appeal to a wide range of subscribers and as such not all of the material is suitable for use by children (a child being anyone under the age of 18 years).  Parents and guardians are therefore reminded of the importance of supervising children when using this Service.  If you are under the age of 18, you must get your parent/guardian’s permission before you access or use this Service.

4.    Your use of the Service

4.1       General

(a)           You agree to use the Service only for purposes that are permitted by (i) these terms and conditions and (ii) any applicable law or regulation.

(b)          You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any part of the Site.

(c)           You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

(d)          You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

(e)          You agree that you are solely responsible for (and that Woodbine has no responsibility to you or to any third party for) any breach of your obligations under these terms and for the consequences (including any loss or damage which Woodbine may suffer) of any such breach.

(f)           You agree not to hack or attempt to hack into another Applicant’s account.

5.    Use of your information

Woodbine Company LTD may hold and use information provided by you for a number of purposes, which may include:

(a)        Carrying out any activity in connection with a legal, governmental or regulatory requirement on Woodbine in connection with legal proceedings or in respect of crime or fraud prevention, detection or prosecution

6.    Availability of the Services and No Warranties

Although Woodbine will take all reasonable steps to ensure that the Services are available to you at all times, it cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, planned maintenance or rectification work, or your equipment may interfere adversely with the quality and provision of the Services.

7.  Application of Service

  1. By submitting this application you agree to provide us with any further and necessary documentation that may be required to process your application.
  2. By submitting this application you accept that the success of the application is NOT guaranteed.
  3. All applications must be approved by Safaricom Area Sales Manager and thus the location applied for must pass an audit and be classified as an opportunity area
  4. The location applied for must be a real and existing premises with adequate foot traffic to facilitate good business, it can be an empty premises or have an existing business where the M-Pesa service can complement it.
  5. If the application is successful the premises must be branded to our standards

8.  Hyperlinks and Third Party Sites

Woodbine explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site.  The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites and as such any transaction you make with a third party flowing from such links is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. 

9.  Liability

We shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:

  • your use of, reliance upon or inability to use our Service and/or Content;
  • the deletion with or without notice or cause of any of your data or information stored on the Service;
  • any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time;
  • The removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these terms. 

If you are dissatisfied with any part of the Service or with any of these terms, your sole and exclusive remedy is to discontinue using this Service.

10.  Indemnity by You

You irrevocably agree to indemnify us (Woodbine Company Limited), fully against and to hold the indemnified persons harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by the indemnified persons as a result of any claim by a third party resulting from your use of the Service  in breach or non-observance of these terms. We shall notify you of any claim that we or any of the other indemnified persons receives and you hereby agree to provide us and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide us and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at your sole expense.

11.  General

11.1     Variation: Woodbine reserves the right to vary the terms and conditions of this Agreement at any time by placing the revised terms and conditions on this Site and you will be deemed to have been bound by such variation by continuing to use the Services. You should periodically check this Site to make yourself aware of any variations.

11.2     Severability: If any provision of these terms and conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, such a term shall be amended or at the discretion of Woodbine it may be severed from these terms and conditions and the remaining provisions of these terms and conditions shall remain in full force and effect.

11.3     Waiver: Except where this terms and conditions provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by Woodbine to enforce at any time or for any period any one or more of the terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.

11.4     Force Majeure: No delay or failure by Woodbine shall constitute a breach or give rise to any claim for damages if such delay or failure is caused by force majeure. Force majeure shall mean an occurrence which is beyond and without fault or negligence of Woodbine affected and which Woodbine is unable to prevent or provide against by the exercise of reasonable diligence including, but not limited to, acts of God or of the public enemy, appropriation of confiscation of facilities, terrorists activity or other catastrophe, strike or any other concerted acts of employees or other similar occurrences.

11.5     Assignment: You shall not assign these terms and conditions to a third party. Any unauthorized assignment or attempt to assign will automatically terminate this Service. Woodbine may assign these terms and conditions in whole or part to any third party at its discretion.

11.6     Representations: You acknowledge and agree that in entering into these Agreement you do not rely on, shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions as a warranty. Nothing in this clause shall, however, operate to limit or exclude liability for fraud.

11.7     Governing Law: The construction, validity and performance of these terms and conditions shall be governed in all respects by the Laws of Kenya