Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (hereinafter referred to as the "Terms") constitute a legally binding agreement between you (hereinafter referred to as "User," "you," or "your") and Bingwa Sokoni (hereinafter referred to as "Company," "we," "us," or "our") governing your access to and use of the Bingwa Sokoni website (bingwasokoni.co.ke) and all related subdomains, mobile applications, and services (collectively, the "Platform").

By accessing, browsing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you must immediately discontinue your use of the Platform. Your continued use of the Platform constitutes your acceptance of any revised Terms.

2. Eligibility and Account Registration

2.1 Eligibility Requirements: To use our Platform, you must:

• Be at least 18 years of age, or have reached the age of majority in your jurisdiction
• Possess the legal capacity and authority to enter into binding contracts
• Reside in a jurisdiction where our services are legally permitted
• Provide accurate and complete registration information when required

2.2 Account Security: You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring that you properly log out from your account at the end of each session

3. Products and Services

3.1 Service Description: We provide digital telecommunication services including but not limited to:

• Mobile data bundles (daily, weekly, monthly packages)
• SMS packages and messaging bundles
• Voice call minutes and airtime top-ups
• Special promotional bundles and value-added services
• Bundles compatible with various network providers including Airtel, Safaricom, Telkom, and others

3.2 Service Availability:

• All products and services are subject to availability and network conditions
• We reserve the right to modify, suspend, or discontinue any product or service at any time without prior notice
• Service availability may vary by geographic location and network provider policies
• We do not guarantee uninterrupted or error-free service delivery

3.3 Pricing and Modifications:

• All prices are quoted in Kenyan Shillings (KES) unless otherwise specified
• Prices are subject to change without notice due to market conditions, regulatory changes, or provider adjustments
• Taxes, levies, or other governmental charges may be added to the purchase price
• Promotional offers may have specific terms and expiration dates

4. Payment Terms and Conditions

4.1 Payment Methods: We currently accept the following payment methods:

• M-Pesa via Buy Goods and Services (till number will be provided during checkout)
• Mobile money transfers from registered Kenyan mobile money providers
• Other payment methods as may be introduced from time to time

4.2 Payment Authorization: By completing a purchase, you:

• Authorize us to charge the specified amount to your chosen payment method
• Confirm that you are the authorized user of the payment method
• Acknowledge that all transactions are final and non-reversible through our Platform
• Agree to provide accurate billing and contact information

4.3 Failed Payments: In case of failed payments:

• Your order will not be processed until payment is successfully received
• We are not responsible for any bank or mobile money transfer fees
• Multiple failed attempts may result in temporary suspension of purchasing privileges

5. Delivery and Activation

5.1 Delivery Timeframe:

• Most digital services are delivered within 1-5 minutes of successful payment confirmation
• Delivery times may extend up to 30 minutes during peak hours or system maintenance
• Automatic notifications will be sent upon successful delivery

5.2 Delivery Responsibility:

• You are responsible for providing the correct and active mobile phone number
• We are not liable for deliveries to incorrect numbers provided by you
• Network provider restrictions may affect delivery (roaming, suspended lines, etc.)
• Delivery confirmations are sent via SMS or email as per your preference

6. Refund, Cancellation, and Dispute Resolution

6.1 General Refund Policy: Due to the digital nature of our products:

• All sales are final once services have been successfully delivered
• No refunds are provided for activated or consumed services
• Purchases cannot be canceled once payment is processed

6.2 Service Failure Resolution: In case of non-delivery or incorrect delivery:

• Contact customer support immediately (within 24 hours of purchase)
• Provide transaction ID, phone number, and proof of payment
• We will investigate and either re-deliver the service or provide a replacement of equal value
• Resolution timeframe: 24-48 business hours

6.3 Dispute Resolution Process:

• Submit a formal complaint via email to disputes@bingwasokoni.co.ke
• Include all relevant documentation and evidence
• Our customer support team will investigate within 5 business days
• We reserve the right to make the final determination on all disputes

7. User Responsibilities and Prohibited Activities

You agree NOT to:

• Use the Platform for any illegal, fraudulent, or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Platform
• Interfere with or disrupt the integrity or performance of the Platform
• Use automated systems or software to extract data from the Platform
• Circumvent any security measures or access controls
• Resell, redistribute, or commercialize our services without authorization
• Provide false or misleading information during registration or purchase
• Use the Platform to transmit viruses, malware, or harmful code
• Violate any applicable laws, regulations, or third-party rights

8. Intellectual Property Rights

8.1 Ownership: All intellectual property rights in the Platform, including but not limited to:

• Trademarks, service marks, and logos
• Website design, layout, and user interface
• Software, code, and algorithms
• Content, images, graphics, and text
• Proprietary business processes and methodologies

are owned by or licensed to Bingwa Sokoni and protected by Kenyan and international intellectual property laws.

8.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Platform for personal, non-commercial purposes
• Make purchases through the Platform in accordance with these Terms
• This license does not include any right to reproduce, modify, distribute, or create derivative works

9. Limitation of Liability and Disclaimers

9.1 Service "As Is": The Platform and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement of intellectual property rights
• Continuous or error-free operation

9.2 Liability Limitations: To the maximum extent permitted by law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim shall not exceed the amount paid for the specific service giving rise to the claim
• We are not liable for damages caused by third-party network providers, technical issues, or force majeure events
• We are not responsible for any loss of data, profits, or business opportunities

10. Indemnification

You agree to defend, indemnify, and hold harmless Bingwa Sokoni, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Platform
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any claim that your use of the Platform caused damage to a third party
• Your violation of any applicable laws or regulations

11. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, incorporated herein by reference, explains how we collect, use, and protect your personal information. By using the Platform, you consent to the collection and use of information as outlined in our Privacy Policy.

12. Governing Law and Dispute Resolution

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

12.2 Dispute Resolution: Any disputes arising from these Terms shall be resolved as follows:

• Step 1: Informal negotiation between parties (30 days)
• Step 2: Mediation through a mutually agreed mediator
• Step 3: Arbitration in accordance with Kenyan Arbitration Act
• Step 4: Litigation in courts of competent jurisdiction in Nairobi, Kenya

13. Termination and Suspension

We may, at our sole discretion:

• Suspend or terminate your access to the Platform at any time without notice
• Terminate these Terms immediately if you breach any provision
• Remove or disable access to any content that violates these Terms
• Terminate accounts that are inactive for an extended period

Upon termination, all provisions which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. When we do, we will:

• Update the "Last updated" date at the top of this page
• Notify registered users via email of significant changes
• Post a prominent notice on the Platform for at least 30 days

Your continued use of the Platform after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue using the Platform.

15. Contact Information

16. Miscellaneous Provisions

16.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bingwa Sokoni regarding the Platform and supersede all prior agreements and understandings.

16.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16.3 No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.