GENERAL TERMS AND CONDITIONS (HEREINAFTER REFFERRED TO AS “GTC”) FOR EKOWAPI COMPANY LIMITED HEREINAFTER REFFERRED TO AS “EKOWAPI”
1. Introduction.
(1) These General Terms and Conditions of Business (hereinafter referred to as GTC) apply for all contracts concluded with the company EKOWAPI COMPANY LTD (hereinafter referred to as “EKOWAPI”, for assorted products and services as well as their deliveries and fulfilment. by EKOWAPI COMPANY LTD and for the use of these assorted products . You may not use this service if you are under the age of 18 or you are not able to form legally binding contracts, or if your EKOWAPI membership has been suspended.
(2) These GTC apply exclusively; Customers’ terms that are contrary to, or differing from those in the GTC are not accepted by EKOWAPI, unless EKOWAPI has expressly agreed to their applicability in writing. These GTC also apply when EKOWAPI provides the service, without reservation, in the knowledge of the terms contrary to or differing from these GTC. Moreover, the GTC also apply if the Customer uses the EKOWAPI website services.
(3) For businesses, these GTC also apply for all future business, in the valid version current at the time of closing the contract.
2. Subject matter of the contract
1) Object of the contract and the GTC is the usage of the online services and other services of EKOWAPI.
Among other things, EKOWAPI provides the customer with an extensive service that enables the creation, design, and administration of complete product presentations or individual eCommerce-modules (so-called widgets) and is made for an automatic respectively manual entry and display of the same on different websites. Beyond that EKOWAPI supports the customer with automatic customer communication and an own shop system.
3. Offer (registration) and conclusion of contract
(1) The registration is completely free and SSL secure. The Customer places his offer by filling out the new registration form. The data required for the registration is to be given fully and correctly. In addition, a password must be given that must be kept secret by the Customer. We expressly point out that the password should be unique and differ from any other.It should not be used or shared elsewhere. EKOWAPI has no liability if these safety instructions are not observed. EKOWAPI will not pass on the EKOWAPI password to third parties without the Customer’s agreement/assent. With regard to data protection, we refer to clause 7 these GTC \pe of the registration and use this data for internal purposes. In doing so, the related website password and the bank details deposited at related website are not retrieved, transferred or stored. In addition, it is not possible for EKOWAPI to gain access to the password through the related website interface.
(2) Registration is not permitted for minors and other persons who are not fully contractually capable.
(3) EKOWAPI is entitled to accept this Customer’s offer, within two weeks, by providing the auction services and by taking up the order. The Customer’s offer can be declined without reason.
(4) The acceptance of the registration generates a membership that is completely free of charge.
(5) The customer is offered different automatic functions in the course of the registration process. These are also completely free of charge and can be deactivated in the course of the registration process or later over the EKOWAPI Software. You can find further information about this in our support area under the following domain:ekowapi.com/ekowapimobile.com
Clause 4 License acquisition and charges
(1) Upon closure of the contract, the Customer receives the, non-transferable and non-exclusive, right to use EKOWAPI’s software and services to create and enter items for sale in the signalized auction platforms, for the duration of the contract. The Customer’s entitlement to use the EKOWAPI platform and its functions only exists within the scope of the current state-of-the-art. Temporary restrictions may arise through technical disturbances such as power cuts, hardware and software faults, updates etc. EKOWAPI retains the right to temporarily restrict its services, if necessary, with regard to capacity limits, server security and integrity, or to carry out technical measures furthering the orderly or improved provision of services. In these cases, EKOWAPI will consider their Customers’ justifiable interests.
There are regular maintenance times for carrying out work on the system. During these times, the Internet offer is not available. The server provided by EKOWAPI will have an availability of 99.9% (based on the up time). The Customer is aware that short-term unavailability of the server may occur, in the case of updates, viruses and other events. EKOWAPI will normally carry out maintenance work Fridays from 9:00 to 11:00 (CAT).
(2) In general, the usage of the software with all functions advertised as free of charge is not subject to payment.
(3) Some products contain premium functions whose use is subject to a fee.
The current pricelist for the use of the premium features is available in the terms and conditions and within the respective service at any times.
Depending on the service selected, EKOWAPI’s license fees for the usage of the premium features can be settled with a prepaid account created when registering, or all-inclusive with EKOWAPI flat rate offer. Related website charges are always extra and must be paid in the usual way directly to related website.
(4) With the registration at EKOWAPI, a prepaid account will automatically be created. The prepaid account can be credited actively by the Customer. AT NO TIME WILL EKOWAPI DEBIT SUMS FROM THIS ACCOUNT, WITHOUT THE CUSTOMER’S KNOWLEDGE AND CONFIRMATION. The prepaid account enables the Customer to utilize the EKOWAPI services as available, within the scope of the contract, using an amount paid in advance (credit). This is possible if and as long as the payment for the utilization of this service can be settled with the respective remaining credit. The prepaid account is usable merely for the duration of the contract.
(5) Entitlement to cash refunds for the paid-in credits expires after three months. EKOWAPI’s services can be utilized, however, to the amount of the remaining credit, beyond this time limit. A processing charge of 2% of the product value or Kshs.750 whichever is less is made for cash refunds.
Credits acquired by a voucher may expire earlier. Please pay attention to the respective voucher details.
Rebates, special or voucher actions promised by EKOWAPI relate solely to services of EKOWAPI COMPANY LTD and under no circumstances to services from related websites. Vouchers, rebates and other free or reduced rate credits are excluded from refunding.
(6) Different flatrates can also be booked instead of prepaid tariffs. You can read the respective tariff details in our conditions of use. The membership subject to payment can be cancelled within the first 2 weeks of the offer period according to clause 12.
The cancellation of a flatrate is carried out online and exclusively using the intended forms (see conditions of use), or in writing by mail
EKOWAPI COMPANY LIMITED
P.O BOX 63003-00200
CITY SQUARE, NAIROBI,
KENYA
Cancellation by other means, among others, per email or using the contact forms on the EKOWAPI homepage is not admissible. In case of a successful cancellation the customer will receive a confirmation per email. After expiration of the cancellation term the membership is extended by the respective contract duration. The right to cancellation in clause 12 of these GTC is respectively valid.
For technical and accounting reasons, previously booked prepaid credits cannot be offset against a flatrate. The same applies to redeemed prepaid vouchers. Offsetting or transfer of different flatrate tariffs is also not possible.
(6a) Usage fees for the subscribed packet are due in advance for the contractually agreed period. If direct debiting permission is granted, the amount will be debited from the account, from the credit card or from another method of payment chosen by the Customer. EKOWAPI reserves the right to store the bank account details, credit card information or information for other methods of payment, encrypted and solely for checking delays in payment. The Customer receives a receipt by email. The customer receives an invoice with declared VAT per email. In the event payment is made through M-PESA, ZAP or any other mobile transfer the confirmation shall be prompt save where the delay is occassioned by network failures.
(7) EKOWAPI offers the Customer free services. These may be fully used – as long as no further chargeable services are chosen – entirely free of charge in accordance with the GTC, without booking a flatrate or having prepaid credits. You will test this function thoroughly before you use it for your purposes. Considering the fact that the provider makes these features available free of charge, the customer’s claims because of faults and the provider’s liability in the event of simple negligence are excluded, with the exception of liability for bodily injury. In no event shall the provider be liable for indirect damages or lost profits.
(8) If the Customer is in arrears, the statutory regulations apply.
(9) The Customer only entitled to set off his own claims if the claim is supported by legal findings, ready for a decision, or uncontested by EKOWAPI. Furthermore, he is only entitled to exercise a right of retention if his claims are based on the same contractual relationship.
(10) The fees of third parties are always to be paid separately and by common means directly to the respective market place (e.g. related website). Calculations of related website charges shown in the software are exemplary. EKOWAPI takes care to keep the respective data up-to-date; however we take no responsibility for the accuracy of these and any calculations resulting from them. Not all versions of the software contain a cost calculator resp. a fee display.
Clause 5 Copyright
(1) EKOWAPI saves the images, videos, audio files, texts, and other information for the user resp. only mediates the access. The user is only responsible for the content he placed on EKOWAPI.
The user guarantees EKOWAPI that he is in possession of the content he published or is otherwise authorized to grant the licence defined in this section and that the publication of the content via EKOWAPI does not violate data protection rights, utilization rights, copyrights, contract rights or other rights of any persons. The contract partner agrees to pay any fees and other charges that he owes an owner of rights due to the publication.
(2) EKOWAPI or third parties has/have protective rights for the programs and the software. As far as third party rights exist, EKOWAPI owns appropriate usage rights. EKOWAPI’s software contains copyright protected material as well as company secrets which are not permitted to be passed on to third parties. It is not permitted to uncompile the software or to convert it in other ways to a generally readable form, except within the statutory limits of the copyright laws. It is equally forbidden to change, adjust, compile or produce software, wholly or partly, or products derived from the software. This forbiddance also covers leasing, lending or renting the software. The copyright protects, in particular, the visual representation of the software, the program code, and the structural organization of the program files, the program identification, logos and other representations within the software as well as the documentation belonging to the program. The limitations for copying, using, passing on, changing or reproducing the contents of the software are set with these contractual terms. All further uses require EKOWAPI’s express permission.
(3) The layout of the website and these GTC may only be copied and/or used on other websites after obtaining EKOWAPI’s permission in writing.
Clause 6 Rights of use
The user assigns EKOWAPI a free of charge, non-exclusive, revocable, unlimited by call-up amount, sub-licensable and spatially unlimited rights of usage to the content transferred from the user to EKOWAPI with the uploading of content. The right of usage especially includes the right to make the content accessible to the public wire-connected or wireless in a way that it is accessible to the members of the public of locations and at times of their choice, including the playback on optional receiving units that enable online access. This also includes the reproduction, distribution, transmit, public playback, publication, or other comparable usage of the transferred content. The user can execute his right to cancellation anytime by deleting his membership.
Clause 7 Data protection
EKOWAPI points out to the Customer that, in close compliance with the requirements of the respectively applying statutory provisions, EKOWAPI collects processes and uses personal data and passes this on to third parties (e.g. a company providing support or a shipping service). This, however, is only done as far as is necessary to fulfill the contractual relationship, the orderly provision of the services as well for accounting or other purposes, which may also be legally allowed. The data protection declaration gives Information about type, extent and purpose of this collection, processing and usage of personal data, by EKOWAPI, necessary for carrying out the contract as well as for registration to the email service. The data protection declaration is available at the EKOWAPI NewMedia website at any time.
Clause 8 Customer’s obligations and liabilities
(1) The customer must enter texts, pictures and his data, required for the auction, into the system himself.
This content is available to the customer for further processing and usage by the customer up to 60 days after creation. Longer saving periods are partially included in premium tariffs.
(2) The Customer is liable, while excluding liability for EKOWAPI, for all contents and information that he enters in particular for information regarding his item(s).
(3) The Customer bears the exclusive responsibility for using EKOWAPI in compliance with all National and international laws and regulations. He pledges himself, in particular, not to use EKOWAPI for the distribution of contents violating prevailing laws for the protection of minors, penal provisions or moral values. He is responsible for all processes made under his log-in.
(4) The Customer pledges himself to check his log-in data at each usage and to amend the user data if this has changed.
(5) Processing any sale with false pretence and or intention to defraud is forbidden. EKOWAPI will hold the Customer liable for any claims for compensation.
(6) The Customer is liable for EKOWAPI’s claims for compensation, for each violation against the commitments named in paragraphs 1 to 5 above.
(7) The Customer indemnifies in whole EKOWAPI in internal and external relationships from any third party claims.
Clause 9 System integrity
(1) The Customer has no right to use, hack, and interfere in any manner known within the IT world to access the EKOWAPI’s website in a manner to cause the website to malfunction. The Customer may not take any measures that could result in an unacceptable or extreme burden for the EKOWAPI infrastructure. Furthermore, the Customer is not permitted to block contents, to overwrite or to modify, or to interfere with the service in any other way.
(2) EKOWAPI contents may not be copied or distributed, nor may they be used in other ways or reproduced without obtaining the owner’s previous permission. This also applies for copying using “Robot/Crawler” search engine technology or with other automatic mechanisms.
(3) Fundamentally: If subsequent changes to the offer’s source codes are made within related website, then all rights of guarantee cease to apply.
(4) EKOWAPI services may not be automatically driven or extracted. This applies in particularly for registrations and the listing process.
Clause 10 Liability
(1) EKOWAPI is not liable and assumes no guarantee for their customers’ price and product details. Additionally, EKOWAPI takes no liability for the sales process on market places or on the EKOWAPI platform. Furthermore, EKOWAPI is not liable for a possible loss of data. A customer should verify all products and prices prior to ordering. EKOWAPI shall not be liable for manufuctures defects.
(2) EKOWAPI does not offer any sales objects on related website or another Internet platform in the name of the customer. Thus, EKOWAPI is also not liable for performance interruptions or faults within the contractual relationship between the involved parties. Beyond that EKOWAPI is not liable for other performance interruptions and legal actions beyond that that are performed on the platforms in any way. EKOWAPI is not involved in contract relationships of the customer in any way.
Refunds will not be issued in the following cases:
1) If the client terminate our services with out giving sufficient notice (at least 2 weeks) or reason
2) If after purchase and delivery the client decides to terminate membership or alleges he does not like the products and doesn not give a valid reason for not liking the product offering tangible evidence.
3) If the client is declared bankrupt or committs a bancruptcy offence as shall be defined within the English Law.
4) If the client has decided to change his requirement after purchase has been confirmed and funds availed.
5) If the client has NOT communicated with us for more than 20 days
6) If the client requests for a fresh set of products after the initial products have been approved and delivered(or in the process of delivery)
7) If the client requests additional products not stated in the description of the product being sold .
(3) The Customer can demand supplementary performance should cardinal obligations be violated or in the event of faults. In this case, EKOWAPI is entitled to choose between elimination of the fault and providing a faultless contractual item. EKOWAPI is obliged to bear all expenses necessary for the purpose of eliminating the fault. If the attempt to provide supplementary performance fails twice, the following terms apply.
(4) With regard to companies, EKOWAPI is liable for damages only when caused by a violation of cardinal obligations and, furthermore, if and as far as, EKOWAPI, its legal representatives or vicarious agents are charged with intent or gross negligence. Apart from intent and gross negligence, no liability exists for the compensation of indirect damages, in particular for lost profits. Incidentally, the liability is limited to typical damages foreseeable at conclusion of contract, unless it is a case of intent or gross negligence.
(5) With regard to consumers, EKOWAPI is liable only for intent or gross negligence. However, EKOWAPI is liable for each culpable conduct, in the case of a violation of cardinal obligations or delayed performance or in the event, that EKOWAPI is unable to provide the services, through its own fault. Apart from intent or gross negligence, by legal representatives, employees and other vicarious agents, EKOWAPI’s liability is limited to the amount of foreseeable, typical damages as at conclusion of contract.
(6) The above-mentioned exclusions of liability and limitation, with regard to companies or consumers, do not apply if EKOWAPI takes over explicit guarantees and for claims arising out of death, injury to body or health, as well as in the case of compulsory statutory provisions.
(7) The Customer indemnifies EKOWAPI from all claims made by third parties against EKOWAPI because of injury caused by the offers and contents created by the Customer. In this case, he must also bear the costs of legal defense.
Clause 11 Duration of the contract and termination
(1) The contract begins with its conclusion and is of unlimited duration.
(2) Both parties have the right to cancel with prior notice of 1 month.
(3) The right to cancellation without notice for an important reason remains untouched. An important reason is given specifically when
- the company terminates its activity;
- a contract partner violates legal prohibitions;
- there is a basic change of the legal and technical standards in the Internet or the related website platform that makes it unreasonable for EKOWAPI to continue to provide the services;
- an essential contract obligation is violated;
- insolvency proceedings concerning the assets of the contract partner are opened.
(4) Upon termination of the contract, the Customer’s data stored by EKOWAPI on its server will be deleted or locked according to EKOWAPI’s judgment, as soon as this is no longer required for processing the contract. The Customer will be informed about this only upon request.
(5) As far the Customer is provided with programs to enable the contractual program to be carried out, and then this is done only for the purpose of fulfilling the existing contract. The Customer must delete the programs upon termination of the contract and may not pass on the programs to third parties.
(7) Termination of the membership: EKOWAPI’ simple membership does not incur any costs. The membership can be terminated by post through the postal address given in clause 4 above.
Clause 12 Right to rescind
If the Customer is a consumer, he can revoke the contract, including these GTC according to the LAW OF CONTRACT KENYA CAP 23, THE ENGLISH LAW OF CONTRACT AND THE CONTRACT ACT 1872 OF INDIA within 2 weeks of handing over the agreement declaration. The revocation must be sent in writing to
EKOWAPI COMPANY LIMITED
P.O BOX 63003-00200
CITY SQUARE, NAIROBI,
KENYA
Or by Fax to +254 (02) 0720847095/0711761093 calls charges varry from country to country and respective call operators...
If the revocation is declared in time, the Customer is not bound by the usage agreement or by the agreement declaration to these GTC. The right to revoke ceases, however, as soon as the Customer accesses EKOWAPI’s database and software and he has been granted the desired license or usage.
Clause 13 supplementary.
(1) If the Customer is a business, the license contract, including these GTC, is governed by the LAW OF CONTRACT KENYA CAP 23, THE ENGLISH LAW OF CONTRACT AND THE CONTRACT ACT 1872 OF INDIA. If the Customer is a consumer, the LAW OF CONTRACT KENYA CAP 23, THE ENGLISH LAW OF CONTRACT AND THE CONTRACT ACT 1872 OF INDIA govern the licence contract and the GTC, as far as they conform to all other laws governing consumers.
(2) For businesses, the exclusive place of jurisdiction for all disputes arising from the contract shall be Nairobi, Kenya.
(3) All explanations from EKOWAPI may be brought to the contractual partner using electronic means. This also applies to billing within the scope of the contractual relationship.
(4) All agreements made between EKOWAPI and the Customer for executing this contract are laid down in writing in this contract.
(5) If one or more clauses of these general terms and conditions become invalid, this does not affect the validity of the other clauses.
(6) EKOWAPI is entitled to change these GTC at any time, without giving a reason or. In the event of a change, they will be made available to customers, by email, at least two weeks before the change takes effect. They become valid if the Customer does not contradict them within two weeks of receiving the email. EKOWAPI pledges itself to especially point out to the Customer the meaning intended by this course, at the beginning of this period.
Eligibility*
All existing EKOWAPI customers with satisfactory payment history and all new EKOWAPI customers are eligible for the Auto-Pay Payment Program. There is no charge for this service. You may sign-up for the bank draft payment program on our website ww.ekowapi.com/www.ekowapimobile.com, by phone, in person, by mail, or fax. EKOWAPI will send you a written notice stating your account has been activated on Auto Pay. Please continue to pay your EKOWAPI utility bill as usual until you receive this written notice. You will not be placed on this payment program unless your EKOWAPI account is current. Payments shall also be acceptable if they are made via, SAFARICOM-M-PESA, ZAIN-ZAP and other options that EKOWAPI may introduce as the market dictates.
*Billing*
Your EKOWAPI utility bill will still be mailed directly to you. Your bill will reflect a message stating that your bank account bill be drafted, the amount and when the draft is scheduled. The bank draft payment will be deducted from your bank account on or after your due date.
*Billing Disputes*
You will still be able to question your bill. To do so, simply contact Customer Service via phone, in writing, via fax or on ww.ekowapi.com/www.ekowapimobile.com within 10 days of the bill date. Upon notification of a billing dispute, your bank draft payment will not be processed until the dispute is resolved. If notification is made more than 10 days following the bill date, the bank draft payment may be deducted from your bank account, and adjustments, if any, will be made to the following month's utility bill.
*Insufficient Funds (NSF)*
If your bank draft payment is not honored by your bank for any reason, EKOWAPI will notify you of such in writing, and you must pay your EKOWAPI account in full before your next bill. An NSF fee will be added to your bill for each occurrence of a non-paid bank draft transaction. Payment through the bank draft program is a privilege which may be revoked should repetitive NSF payments occur.
*Changes or Termination*
Bank draft payments will be drawn upon the bank account authorized at the time of billing for withdrawal. You are responsible for notifying EKOWAPI when you change or close the authorized bank account. You may discontinue making payments through the bank draft program at any time by contacting EKOWAPI.
Requests may be made in person at the EKOWAPI CO LTD. OFFICES SITUATED AT.GENERAL CHINA BUILDING OFF THIKA ROAD OPPOSITE UTALII VILLAGE STAFF QUARTERS , requested on ww.ekowapi.com/www.ekowapimobile.com/, call in to+254 (020) 0720847095/0711761093 or mailed to EKOWAPI at Post Office Box63003-00200 Nairobi,Kenya. These terms and conditions are supplemental to those specified in the Contract for Utility Services. Terms and Conditions Copyright and neighbouring rights
The material featured on this site is subject to COPYRIGHT ACT 2001(KENYA) unless otherwise indicated. The copyright protected material (other than departmental logos) may be reproduced free of charge in any format or medium for research, private study, web-based discussion, or for internal circulation within an organisation. This is subject to the material being reproduced accurately and not used in a misleading context. Where any of the copyright items on this site are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged.
The permission to reproduce protected material does not extend to any material on this site which is identified as being the copyright of a third party.
For further information on KENYA copyright policy and licensing arrangements, see the guidance at www.kenyalaw.org The copying and use of our EKOWAPI logo is not permitted without prior approval of EKOWAPI.
Virus protectionThe site operators make every effort to check and test material at all stages of production. It is always wise for users to run an anti virus program on all material downloaded from the internet.
EKOWAPI cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material off this website.
Your privacy
Cookies are pieces of data that are often created when you visit a website and are stored in the cookie directory of your own computer.
Cookies are used to store a session ID which allows you to log-in and make comments. No personal information is stored in the Cookie.
Other websites linked from this site are not covered by this privacy policy.
Links to and from other websites
EKOWAPI is not responsible for the contents or reliability of the external websites and does not necessarily endorse the views expressed within them. Links to external sites should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.
EKOWAPI encourages users to establish hypertext links to the site. You do not have to ask permission to link directly to pages hosted on the website. We do not object to you linking directly to our information, but you should obtain permission if you intend to use our logo.
Commenting/Discussion/Posting Rules
Rules for participants should be provided at the point of registration and require acknowledgement
By registering with this site you agree to abide by the following rules.
These are standard web discussion rules that are designed to ensure participants feel safe, keen to take part and the discussion meets its objectives:
1. Any comments should be lively but also respectful.
2. Stay on-topic. Please don’t post messages that are unrelated to this online forum.
3. Stay relaxed – though this deliberation is important and influential, taking part should be a positive experience.
4. Don’t incite hatred on the basis of race, religion, gender, nationality or sexuality or other personal characteristic.
5. Don’t swear, use hate-speech or make obscene or vulgar comments.
6. Don’t break the law. This includes libel, condoning illegal activity and contempt of court (comments which might affect the outcome of an approaching court case).
7. Please don’t post personal information addresses, phone numbers, email addresses or other online contact details either relating to yourself or other individuals.
8. Don’t engage in ‘spamming’. Please don’t add the same comment to more than one forum.
9. Don’t advertise. You can mention relevant products and services as long as they support your comment.
10. Don’t impersonate or falsely claim to represent a person or organisation. Please don’t mislead other users by abusing our registration procedure.
11. Don’t post in a language other than English. We hope in the future to be able to support translation.
12. Avoid being party political – this site is about consensus-building, not party political point-scoring.
EKOWAPI retains the discretion to withdraw your membership and cancel all and any transaction you may have had with it.
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