“Consumer” or “customer”: means the individual who is of age, having full capacity, who is designated by an Organisation to benefit from the Digital voucher.
“Customer Care Service”: means the technical hotline that may be contacted for any query or issue concerning the Application. It can be reached during office hours through:
- Phone: 020-2566566 (Landline) or 0110 006858 (WhatsApp) or @apptivateafrica on Facebook, Twitter, and Instagram.
- E-Mail: email@example.com or firstname.lastname@example.org
“M-Tuza” means the electronic voucher issued and managed by Apptivate Africa Ltd, accessible via the Apptivate Africa Account, which is funded by the Organisation for the benefit of the Consumer who can redeem the digital voucher against the provision of goods or services at designated Merchants across our Network.
“M-Tuza Network”: means the list of Merchants that accept the M-Tuza against the provision of goods or services. This list can be accessed through the Mobile Application.
“M-Kula”: means the electronic voucher issued and managed by Apptivate Africa, accessible via the Apptivate Africa Account, which is funded by the Organisation for the benefit of the Consumer who can redeem the voucher against the provision of meals at designated Merchants across the M-Kula Network.
“M-Kula Network”: means the list of Merchants that accept the M-Kula against the provision of, meals and soft drinks, to the exclusion of all other products available on their sites such as alcohol or tobacco. . This list can be accessed through the Mobile Application.
“Business Pass”: means the electronic voucher issued and managed by Apptivate Africa, accessible via the Apptivate Africa Account, which is funded by the Organisation for the benefit of the Consumer who can redeem the voucher against the provision of meals, drinks, and accommodation at designated Merchants across the Business Pass Network.
“Business Pass Network”: means the list of Merchants that accept the Business Pass against the provision of goods or services. This list can be accessed through the Mobile Application.
“M-Kapu”: means the electronic voucher issued and managed by Apptivate Africa, accessible via the Apptivate Africa Account, which is funded by the Organisation for the benefit of the Consumer who can redeem the voucher against the provision of goods or services.
“M-Kapu Network”: means the list of Merchants that accept M-Kapu against the provision of goods or services. This list can be accessed through the Mobile Application.
“Merchant”: means any single outlet or retail chain, included in the network, with which Apptivate Africa has established a partnership for the purpose of accepting our mode of payment.
“Apptivate Vendor”: means the dedicated smartphone application on android developed by Apptivate Africa in order to enable Merchants to collect and view Apptivate Africa payments.
“Apptivate Africa”: means the Android and IOS smartphone applications published by Apptivate Africa to the AppStore and Playstore in order to allow the Consumer to access his Apptivate Africa Account.
“Organisation”: means your organization or employer as applicable, having a contract with Apptivate Africa in order to provide the M-Kula, M-Tuza, M-Kapu, and Business Pass vouchers.
“PIN”: means personal identification number, registered fingerprint on the consumer device, or QR code provided to the Consumer by the Organization.
“Apptivate Africa Account” or “Account”: means your personal online user area that you can access through the Mobile Application, giving You access to the wide range of services proposed by Apptivate Africa (checking balance and transactions history, searching near-by Merchants and promotions…). The Apptivate Africa Account also allows you to use your app at Merchants. It is protected by personal credentials (Apptivate Africa account number(phone number) and PIN code).
“Website”: means Apptivate Africa website accessible via the URL https://apptivateafrica.com/.
2. APPTIVATE AFRICA ACCOUNT ACTIVATION
- After your organization uploads your account by entering your name, ID number, phone number, category, your account is created and an SMS is sent to the registered phone number with a unique activation code that will be used to activate the account and declare a PIN for the account. A pin can also be auto-generated from the admin or client portal.
- Upon first connection to the Mobile Application, you will be requested to activate your Apptivate account which is issued inactive for security reasons. To complete this one-off action, you will be requested to follow the following steps:
- Enter your activation code
- Enter your national identification (ID) or passport number (as provided to Apptivate Africa by your Organisation)
- Enter some additional personal information (date of birth, email) which is optional.
- Define your 4-digit PIN code and confirm it
- By activating your Apptivate account, You acknowledge that you have read these TCU and You fully agree to be bound by them.
- It is your responsibility to keep your PIN code safe. These credentials are personal and cannot be used by anyone else. Do not write them down on paper or disclose them to anyone else. When entering your PIN code at a Merchant in order to use your Application, please make sure no one else can view them.
- We strongly recommend that You reset your PIN code regularly, through the Mobile Application. If You suspect that someone else knows your PIN, You should reset the PIN immediately.
- If You enter the wrong PIN code 5 times, the Account is suspended. To unblock it, kindly contact the Customer Care Service.
3. PURPOSE OF THE APPLICATION
- The Vouchers are issued by Apptivate Africa following the instructions given by the Organisation.
- The voucher is placed at the disposal of the Consumer for the exclusive purpose of benefiting from meals, food, goods, or services (as applicable) at Merchants.
4. USE OF THE APPLICATION
- The use of the Apptivate Account and the associated voucher is governed by these Terms and conditions.
- The digital voucher can only be used within the network.
- The digital voucher is personal.
- The digital voucher can be used in the limit of the available balance or the limit set by the employer (whichever is smaller)and associated period of validity (see section 5). The balance cannot turn negative.
- The Organisation may restrict the above limits by:
- Allowing only one or some of the Merchants within the networks. You may ask your Organisation to provide you with the list of Merchants.
- Limiting the maximum cumulative amount of transactions spent per day
- Limiting the maximum number of transactions completed per day or week.
- In order to redeem a Voucher at a Merchant, indicate that you want to use Apptivate Africa app.
- We recommend that you check your wallet balance before completing any transaction.
- After a successful transaction, an SMS or in-app notification is sent both to the Consumer and the Merchant.
- If You encounter an unexpected refusal of your transaction, please contact our Customer Care Service.
- It is the Consumer’s responsibility to keep a record of the transaction confirmation received by SMS or in-app notification.
- The voucher shall not be sold, tendered for a discount, or be redeemed for cash by You at Merchants or at any other party.
5. BALANCE AND VALIDITY PERIOD OF YOUR APPLICATION
- Each type of Apptivate Africa digital wallet has its associated balance. The balance and validity period of the Application can be checked for free through the mobile app or client portal.
- The Merchants are not able to check your Apptivate Africa digital wallet balance for you.
- The Vouchers funded by your Organisation are valid for 6 months after the disbursement date. Example. Vouchers disbursed On 1st January 2020 are valid till 30th June 2020.
- The balance which has expired can no longer be used at Merchants nor reimbursed.
- For any question related to the use of the apps, You may contact the Customer Care Service.
- Transactions registered by our computer systems shall be deemed as proof of transactions actually made. It is our duty to retain the historical records of these transactions under such conditions that guarantee the integrity of these records as well as their safekeeping.
- In the event that You disagree with the balance of the app following its use, You may send us an email, within a period of 1 month following the disputed transaction, detailing your situation, giving all the details about the contested transaction (including details contained in SMS/in-app transaction confirmation messages, and Merchant receipt). Potential incorrectly executed transactions will be reimbursed by Apptivate Africa within 2 business days of receiving confirmation from the merchant.
- Apptivate Africa shall not be held liable for the quality, safety, legality, or any aspect of any goods, food, meal, or services supplied by the Merchants following the use of the App. It is your responsibility to settle any dispute relating to food, meal, goods, and services of any nature whatsoever with the Merchants. In no event shall the liability of Apptivate Africa be incurred with regard to disputes with the Merchants.
7. LIABILITY OF APPTIVATE AFRICA.
- Our liability in connection with these terms and conditions shall be subject to the following exclusions and limitations:
- We shall not be held liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network and data processing systems
- Without prejudice to the provisions of section 7 above, We shall not be held liable for any loss arising from your use of the app or inability to use it, or for its use by any third party.
8. INTERNET AND TELECOM NETWORK
- In the event that You use the internet or telecommunications networks to manage the Application, You hereby acknowledge that you are fully aware and acknowledge that Apptivate Africa is not responsible for any of the following:
- The nature of the internet and telecommunications networks and, in particular, their technical performances and response time to activate the Apptivate Africa Account, consult the information relating to the Application or to use them;
- Their technical reliability in relation to the transmittal of data via the internet or telecommunications networks, which circulate on mixed networks having a variety of technical characteristics and capacities and which may, at times, become saturated.
- We cannot be held liable for any access problems or brief moments of unavailability in which it is impossible for You to activate the Apptivate Africa Account, consult the information relating to the Apptivate Africa Account and your Application, or use them.
9. BLOCKING THE APPTIVATE AFRICA ACCOUNT
- In the event that You realize that your Apptivate Africa Account is being used by an unauthorized person, You should immediately reset your PIN code.
- If your PIN code has been reset by an unauthorized person, you should contact our Customer Care Service without any delay to request the blocking of the Apptivate Africa Account. Please note that You will bear the consequences of the fraudulent use of the Apptivate Africa Account before your request has been sent to Apptivate Africa.
10. PERSONAL DATA
- To the extent permitted by applicable law, You consent to Apptivate Africa making data collected in connection with your use of the Application available to its sub-contractors and to transmit such data for the purposes of securing the Application and preventing fraud and money laundering. You acknowledge that your Organisation has obtained written permission from You for Apptivate Africa to collect and make available such data.
- You authorize Apptivate Africa, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking You for further information, requiring You to provide your date of birth, a taxpayer identification number, and other information that will allow us to reasonably identify You, requiring You to take steps to confirm ownership of your email address/phone number or verifying your information against third party databases or through other sources. Apptivate Africa reserves the right to close, suspend, or limit access to your Apptivate Africa Account in the event we are unable to obtain or verify this information
- You agree to receive calls and SMS at the mobile phone number (registered on Apptivate Africa Account). We won’t share your phone number with non-affiliated Merchants without your consent but may share your phone numbers with our service providers and with Merchants. You understand and agree that Apptivate Africa may, without further notice or warning and in our discretion, monitor or record telephone conversations You or anyone acting on your behalf has with Apptivate Africa or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Apptivate Africa may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Apptivate Africa, and Apptivate Africa does not guarantee that recordings of any particular telephone calls will be retained or retrievable
- It is your responsibility to inform us if You change your personal information (name, address, phone number, or e-mail address).
- Any communication We send to You using the most recent contact details that You have provided will be treated as being received as soon as We send it.
11. CHANGE TO THESE TERMS AND CONDITIONS
- Apptivate Africa reserves the right to make amendments to the provisions set forth in these terms and conditions. They will be notified on the Website. The said amendments will be conveyed to You on any durable medium within two (2) weeks prior to their coming into force. An absence of opposition from You to these amendments within two weeks means that You fully and completely accept the new version of these terms and conditions.
- Apptivate Africa may terminate these Terms and conditions for any reason by giving You one (1-month prior notice.
- Apptivate Africa may also terminate these terms and conditions without notice in case of fraudulent use of the Application, or upon request from the Kenyan authorities.
12. GOVERNING LAW
- To the fullest extent permitted by law and without affecting your legal rights as a consumer these terms and conditions are governed by Kenyan law.