TERMS AND CONDITIONS OF USE OF “M-KULA AND M-TUZA“ DIGITAL PASS
Version published on 20th October 2017
These conditions apply to the M-Kula and M-Tuza Digital Pass. Please read them carefully.
- “Consumer” or “You”: means the natural person who is of age, having full capacity, who is designated by an Organisation to benefit from M-Kula/M-Tuza Digital Pass.
- “Customer Care Service”: means the customer care service that may be contacted for any question or issue concerning the M-Kula/M-Tuza Digital Pass. It can be reached 24/7 through:
- Phone: 020-2566566 (Land line) or 0776-566566 (mobile)
- E-Mail: email@example.com
- “Digital Pass” or “Digital Voucher”: means the M-Kula and/or M-Tuza, as applicable.
- “M-Kula” or “Meal Pass”: means the electronic voucher issued and managed by Apptivate Africa, accessible via the Apptivate Account, which is funded by the Organisation for the benefit of the Consumer who can redeem it against the provision of meal, goods or services at designated Merchants across the M-Kula Network.
- “M-Kula Network” or “Meal Pass Network”: means the list of Merchants that accept the Meal Digital Pass against the provision of food, meals and soft drinks, to the exclusion of all other products available on their sites such as alcohol, tobacco or whatsoever. This list can be accessed through the Mobile Application or upon request to your Organisation.
- “M-Tuza” or “Gift 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 it against the provision of goods or services at designated Merchants across the Gift Pass Network.
- “M-Tuza Network” or “Gift Pass Network”: means the list of Merchants that accept the Gift Voucher against the provision of goods or services. This list can be accessed through the Mobile Application or upon request to your Organisation.
- “Merchant”: means any single outlet or retail chain, included in the M-Kula Network and/or M-Tuza Network, with which Apptivate Africa has established a partnership for the purpose of accepting the Digital Pass.
- “Merchant @pp”: means the dedicated smartphone application or USSD application developed by Apptivate Africa in order to enable Merchants to redeem the Digital Pass.
- “Mobile Application”: means the Android smartphone applications published by Apptivate Africa on the Play store under the name « My Digit@l Pass » in order to allow the Consumer to access his Apptivate Account.
- “Organisation”: means your organisation or employer as applicable, which has contracted with Apptivate Africa in order to provide M-Kula / M-Tuza to You.
- “PIN”: means personal identification number.
- “Apptivate Africa”, “We”, “us”: means Apptivate, a company incorporated in Kenya, with its registered office at Williamson House, 4th Ngong Avenue P.O Box 40111 – 00100, Nairobi. Apptivate Africa is selling and issuing the Digital Pass to the Organisation and managing the Digital Pass programme.
- “Apptivate Africa Account” or “Account”: means your personal online user area that you can access through the USSD Application or Mobile Application, giving You access to the wide range of services proposed by Apptivate (checking the Digital Pass balance and last vouchers transactions history, searching near-by Merchants and promotions…). The Apptivate Account also allows you to use your Digital Pass at Merchants, as described in section 4. It is protected by personal credentials (Apptivate Account number and PIN code).
- “TCU”: means these terms and conditions of use of the Digital Pass.
- “USSD application”: means the USSD application developed by Apptivate Africa to which You can dial in through *566*100# (Safaricom or Airtel), in order to access your Apptivate Africa Account.
- “Website”: means Apptivate Africa website accessible via the URL www.apptivateafrica.com where You can find more information about the Digital Pass and access these TCU.
Apptivate Africa account activation
- Following the first order completed by your Organisation, your Apptivate Africa Account number will be sent to the mobile phone number communicated by your Organisation (via SMS or WhatsApp notification).
- Upon first connection to the USSD Application or Mobile Application, You will be requested to activate your Apptivate Africa 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 Apptivate Africa Account number
- 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)
- Define your 4-digit PIN code and confirm it
- By activating your Apptivate Africa 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 Apptivate Africa Account number and PIN code safe. These credentials are personal and cannot be used by anyone else. Do not write them down on a paper or disclose them to anyone else. When entering your Apptivate Africa Account number and PIN code at a Merchant in order to use your Digital Pass, please make sure no one else can view them.
- We strongly recommend that You reset your PIN code regularly, through the USSD application or Mobile Application. If You suspect that someone else knows your Apptivate Africa Account number and PIN, You should reset the PIN immediately.
- If You enter a wrong PIN code 5 consecutive times, the Apptivate Africa Account is suspended. To unblock it, kindly contact the Customer Care Service.
Purpose of the digital pass
- The M-Kula and M-Tuza Digital Vouchers are issued by Apptivate Africa following the instructions given by the Organisation.
- The Digital Pass is placed at the disposal of the Consumer for the exclusive purpose of benefiting from meal, food, goods or services (as applicable) at Merchants.
- The Digital Pass remains the property of Apptivate Africa which can withhold it from You, particularly in case of use that does not comply with these TCU, in the event of fraudulent use or to comply with the law. We may also refuse to issue a Digital Pass if we suspect that the Apptivate Africa Account is used in an unauthorized or fraudulent manner.
Use of the digital pass
- The use of the Apptivate Africa Account and associated Digital Pass is governed by these TCU.
- The Digital Pass can only be used within the M-Kula Network or M-Tuza Network as applicable, and subject to the provision of clause 4.6 below
- The Digital Pass is personal. You cannot share your Apptivate Africa Account credentials with other persons.
- The Digital Pass can be used in the limit of the available balance and associated period of validity (see section 5). The balance cannot turn negative.
- By default the Digital Pass can be used under the following limits :
|Network of Merchants||All the Merchants within M-Kula Network||All the Merchants within M-Tuza Network|
|Maximum cumulative amount of transactions spent per day||KSH 10,000||KSH 10,000|
|Maximum number of transactions per day||5||5|
- The Organisation may restrict the above limits by:
- Allowing only one or some of the Merchants within the M-Kula Network or M-Tuza Network. 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
- The redemption of the Digital Pass at a Merchant can be either Merchant-initiated or Consumer-initiated. In any case, you need to indicate that you want to use your M-Kula/M-Tuza and we recommend that You check your Digital Pass balance before completing any transaction.
- In the event that the transaction is Merchant-initiated, the Merchant will:
- launch his Merchant @pp,
- select M-Kula and/or M-Tuza as applicable (a combination of them can be requested),
- enter the value to be debited,
- request You to enter your Apptivate Africa Account number and PIN code in order to confirm the transaction.
- In the event that the transaction is Consumer-initiated, You will:
- launch and log in to your Mobile Application,
- select Make Payment functionality,
- enter the Merchant account number,
- select M-Kula or M-Tuza as applicable,
- enter the value to be debited.
- enter PIN code to confirm
- The successful transaction is immediately sent to Apptivate Africa, and thus the Digital Pass balance is immediately debited of the transaction value. This action is irrevocable.
- After a successful transaction, an SMS or WhatsApp 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 record of the transaction confirmation received by SMS or WhatsApp notification, and to maintain up-to-date his mobile phone number registered under his Apptivate AfricaAccount (it can be updated via the “My Profile” section through the USSD Application or Mobile Application).
- The Digital Pass shall not be sold, tendered for a discount or be redeemed for cash by You at Merchants or at any other party.
Balance and validity period of your digital pass
- Each type of Digital Pass has its associated balance: one balance for your M-Kula, one balance for your M-Tuza.
- The balance and validity period of the Digital Pass can be checked for free (excluding the costs charged by telecom operators to access the internet and USSD sessions) through the USSD application or the Mobile Application.
- In order to check the balance and validity period of your Digital Pass, you must authenticate on the USSD Application or Mobile Application using your Apptivate Africa Account Number and PIN code.
- The Merchants and your Organisation are not able to check your Digital Pass balance for you.
- The Digital Vouchers funded by your Organisation during a calendar year (i.e. from 1st January to 31st December) are valid until the 30th of June of the next year (g vouchers credited from 1st January 2016 to 31st December 2016 are valid until the 30th June 2017 included).
- The Digital Vouchers that have expired can no longer be used at Merchants nor reimbursed.
- For any question related to the use of the Digital Pass, 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 which guarantee the integrity of these records as well as their safekeeping.
- In the event that You disagree with the balance of the Digital Pass 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/WhatsApp transaction confirmation messages, and Merchant receipt). Potential incorrectly executed transactions will be reimbursed by Apptivate Africa.
- 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 use of the Digital Pass. 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.
Liability of Apptivate Africa
- Our liability in connection with these TCU 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 Digital Pass or inability to use it, or for its use by any third party.
Internet & Telecom Network
- In the event that You use the internet or telecommunications networks to manage the Digital Pass, 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 information relating to the Digital Pass 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 information relating to the Apptivate Account and your Digital Pass or use them.
Block 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. A temporary PIN code will be sent to You so that You can define your new PIN code and reactivate your Apptivate Africa Account.
- To the extent permitted by applicable law, You consent to Apptivate Africa making data collected in connection with your use of the Digital Pass available to its sub-contractors and to transmit such data for the purposes of securing the Digital Pass 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 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.
Changes to these terms and conditions
- Apptivate Africa reserves the right to make amendments to the provisions set forth in these TCU. They will be notified on the Website. The said amendments will be conveyed to You on any durable medium within two (2) months prior to their coming into force. An absence of opposition from You to these amendments within two months means that You fully and completely accept the new version of these TCU.
- Apptivate Africa may terminate these TCU for any reason by giving You a two (2) months prior notice.
- Apptivate Africa may also terminate these TCU without notice in case of fraudulent use of the Digital Pass, or upon request from the Kenyan authorities.
- To the fullest extent permitted by law and without affecting your legal rights as a consumer these TCU are governed by Kenyan law.