TERMS AND CONDITIONS
TERMS AND CONDITIONS
These Terms and Conditions are governed by customer protection laws and statutory Laws of the Republic of Kenya.
These Terms and Conditions govern all users who sign up to use or purchase our products and services through the following platforms. This list is not exhaustive.
“Applications” or “Apps” means digital internet applications providing KOKO Products and Services and running on a consumer’s device or a KOKO enterprise device.
“Application site” means an internet application website providing KOKO Products and services and which can be accessed from a desktop or mobile device.
“Authorities” means any judicial, administrative, public or regulatory body, Tax Authority, court, central bank or law enforcement body, or any of their agents with jurisdiction over KOKO.
“Carbon Credits” means a tradeable certificate or permit representing the right to emit one tonne of carbon dioxide or the equivalent amount of a different greenhouse gas.
“Certified Emissions Reductions” means a type of carbon credit issued by the United Nations Framework Convention on Climate Change (UNFCCC) Clean Development Mechanism (CDM) Executive Board for emissions reductions achieved by CDM projects and verified by a Designated Operational Entity (DOE) under the rules of the Kyoto Protocol.
“Compliance Obligations or Legal Obligations” means obligations for KOKO to comply with:
“Customer Care Centre” means the system that gives customers operational support.
“Customer Information or User Information” means your Personal Data, confidential information including relevant information about you, your transactions, your use of our products and services, and your relationship with KOKO.
“Device” means all electronic devices running KOKO services.
“E-currency” means the electronic value issued by KOKO, representing an entitlement to an equivalent amount of the cash held by KOKO on behalf of the KOKO Customer, to purchase KOKO Products.
“Financial Crime” means money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, and/or any acts or attempts to circumvent or violate any Laws relating to these matters.
“Google Play Store” means a digital distribution service operated and developed by Google, that allows users to browse and download applications developed with the android software and published through Google.
“GPS” means Global Positioning System.
“Hardware” means the KOKO Point and any other machinery that might be released, manufactured or produced by KOKO over time.
“KOKO” means KOKO Networks Limited (Kenya).
“KOKO Agent” means a small shop in an urban neighbourhood that has various functions, including but not limited to, promoting and facilitating the sale of KOKO Products to KOKO Customers and potential customers and hosting a KOKO Point.
KOKO Branded Designated Areas shall mean an area in the KOKO Agent locations where KOKO Club Products are displayed.
“KOKO Club” means a service that is provided at selected KOKO Agent locations or any other location that KOKO may designate where customers can purchase fast moving consumer goods.
“KOKO Club Card” means a card issued to Customers by KOKO, facilitated by the KOKO Agent, to enable Customers purchase KOKO Club Products.
“KOKO Club Products” means fast moving consumer products supplied by KOKO to the Agent to facilitate sales to customers.
“KOKO Cooker” means a one-burner or two-burner stove used for cooking with KOKO Fuel.
“KOKO Consumer Hardware” means the purchased KOKO Cooker with a KOKO Canister.
“KOKO Credit” is a monetary balance which can be put towards KOKO Products or services, or alternatively transferred to another user. KOKO Credit can be awarded as a bonus or transferred by the customer via MPESA.
“KOKO Customer” means a user who has signed up to use or purchase KOKO Products or Services.
“KOKO Customer Account means an account maintained with KOKO by a customer or user which stores e-currency and which has been activated for purposes of undertaking transactions.
“KOKO Fuel” means denatured ethanol-based household cooking fuel to be acquired from the KOKO Point and used in the KOKO Cooker or any other machinery produced by KOKO over time.
“KOKO Device” means any device issued to the KOKO Agent or any other location that KOKO may designate, to facilitate the sale of KOKO Products.
“KOKO Products” or “Products” means KOKO Cooker and KOKO Canister and any other products that might be released, manufactured or produced by KOKO over time.
“KOKO Sasa” means a service that is provided at selected KOKO Agent locations or any other location that KOKO may designate where a KOKO Customer can instantly get a full KOKO Canister filled with 2.3 litres of KOKO Fuel
“KOKONet System” means the system operated by KOKO providing the KOKO services.
“KOKO Point” means KOKO’s automated technology device that has various functions including but not limited to dispensing of KOKO Fuel, provision of media services and signing up of potential KOKO Customers.
“Laws” means any local or foreign law, regulation, judgment or court order, code, sanctions regime, an agreement between any member of KOKO and an Authority, or Agreement or treaty between Authorities and applicable to KOKO.
“myKOKO application” or “myKOKO app” means a mobile application enabling a consumer to buy KOKO Products and access KOKO services.
“Personal Data” or “Personal Information” means any information relating to an identified or identifiable natural person.
“PIN” means your personal identification number, being the password, you choose to access and operate your account and includes the one-time 4-digit PIN sent to you on registration for the purpose of activating your KOKO Customer Account.
“Referral” or “Referral process” means an activity wherein an existing KOKO Customer promotes KOKO Products and services to unregistered, potential KOKO Customers. On the successful registration of a new KOKO Customer, the existing KOKO Customer is offered compensation, at KOKO’s sole discretion for his/her efforts.
“Retail Price” means the price of KOKO’s Products inclusive of tax and delivery costs.
“Services” means maintaining the applications made available or hosted on the Google play store Apple Play Store, KOKO’s websites once you have downloaded them onto your Device and any other services acquired while using KOKO’s application.
“Sign Up” means the process of registering a new customer to the Services.
“Tax Authorities” means Kenyan or foreign tax, revenue or monetary authorities that are applicable to KOKO.
“Toll Free Number” means a telephone number where the customers can request for support with respect to KOKO Products and services. Calls to this number are free of charge.
“United Nations Clean Development Mechanism Program of Activities” is a Program of Activities (PoA) registered under the United Nations Framework Convention on Climate Change (UNFCCC) Clean Development Mechanism (CDM) in order to enable projects to be registered that have the potential to generate Certified Emissions Reductions.
“User Manual” means the User Manual for the KOKO Consumer Hardware
“We”, “Our” and “Us” means KOKO and includes the successors, affiliates and assignees of KOKO.
Reference to the singular includes the plural (and vice versa).
“You” or “your” means the KOKO Customer or other users and includes the authorised representatives of the KOKO Customer.
KOKO Networks Limited (collectively, “KOKO”) recognizes the importance of protecting the privacy of information provided by users of its services. KOKO does not share your personal information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.
By downloading any KOKO Applications, you consent to the following:
SECTION 1. SCOPE OF POLICY AND TERMS
This policy applies to your use of:
SECTION 2. INFORMATION WE COLLECT
We may collect, use and share Customer or User Information in accordance with the terms in this Policy.
Customer or User Information may be collected from you directly, from a person acting on our behalf or from other sources including any KOKO Applications, websites, KOKO, media platforms and from publicly available information. This information may be generated or combined with other information available to us or any member of KOKO.
We may collect the following information about you, which may include non-public personal Information:
2.1 Information you submit to us:
2.2 Information we collect about you and your device:
Each time you visit one of our Websites or use one of our Apps the information we may collect includes but is not limited to the following:
2.3 Location information.
We may also use GPS technology or other location services to determine your current location.
2.4 Information we receive from other sources.
We reserve the right to work with a limited number of third parties (including credit reference agencies, mobile network providers and customer care service providers and may receive information about you from them.
2.5 Unique application numbers.
When you install or uninstall a service containing a unique application number or when such a service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
We may occasionally send you push notifications through our mobile applications to provide you marketing messages and other service or transaction-related notifications that we feel may be of importance to you if you opt-in to receiving these types of communication at the time of signing up or through the mobile application settings.
We and our third-party service providers, including our marketing partners and analytics providers may use mobile tracking technologies and/or website cookies to distinguish you from other users of the App, App site or service site. This helps us to provide you with a good experience when you use the App or browse any of the websites and also allows us to improve the App and our websites.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include your internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. From time to time, we may combine this automatically collected data to other information we collect about you for reasons such as analysis, security, content generation or marketing. We may use the analytic tools and software in order to develop and analyse the use of the services. Analytics companies may access anonymous individual data to help us understand how the services are used. We may link the information we store within the analytics software to any personal information you submit within the mobile applications.
By uninstalling the App from your device, you can withdraw your consent from accessing your customer information in the future. We may keep and share stored Customer or User information after the point of uninstall for as long as necessary for the fulfilment of the purposes for which Customer or User Information was obtained or for the establishment, exercise or defence of legal claims, or for legitimate business purposes, or as permitted by law.
SECTION 3. WHY WE COLLECT THE ABOVE INFORMATION
We collect information for the following purposes, including but not limited to:
SECTION 4. HOW WE USE AND SHARE INFORMATION
These clauses explain how we will use and share your information.
4.1 By using our services, you agree that we and members of KOKO shall use Customer or User Information in accordance with the following clauses: –
4.1.1 We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
4.1.2 Information collected by us shall only be used for the purposes defined in this policy.
4.1.3 We do not disclose information about identifiable individuals to other parties, including advertising partners, unless it is necessary for providing our services or you have consented to such disclosure.
4.1.4 We may share limited personal information with select partners for research and development.
4.1.5 We may provide other parties with anonymous individual information about our customers or users for the purposes of compiling statistics relating to our user base or customer experience and may disclose such information to any third party for such purposes, provided that such information will always be anonymous and in accordance with this policy.
4.1.6 We provide our advertising partners with general reports on how their adverts are served through all our media platforms and the customers who watch and/or hear them but these reports do not include information to personally identify any of our customers. Personal information such as name, email address and mobile number will be shared with any of our advertising partners if and only if you agree to voluntarily share that information as part of any campaign.
By using our Services, you agree that we may, as necessary and appropriate for the above purposes, transfer and disclose any Customer or User Information to the following recipients globally who may also process, transfer and disclose such Customer or User Information for the above purposes: –
4.2.1 Including but not limited to any member of KOKO and any subcontractors, agents, service providers, or associates of KOKO (including but not limited to their employees, directors and officers);
4.2.2 Any party in connection with any KOKO business transfer, disposal, merger or acquisition, wherever located, including in jurisdictions which do not have data protection laws that provide the same level of protection as the jurisdiction in which the services are supplied;
4.2.3 Third-party service providers under contract with KOKO that help us with our business operations, such as transaction processing, fraud prevention, and marketing. We share your personal information with these companies only as necessary to provide you with our services; and
4.2.4 Law enforcement, government officials or other third parties, but only
SECTION 5. WHERE WE STORE INFORMATION
5.1 The data that we collect from you may be transferred to and stored at a destination outside Kenya. It may also be processed by KOKO staff operating outside Kenya who work for us. These staff members may be engaged in the fulfilment of your requests.
5.3 Where we have given you (or where you have chosen) a password or PIN that enables you to access certain parts of our applications, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our websites or servers.
5.5 Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
SECTION 6. CUSTOMER OBLIGATIONS AND RIGHTS
6.1 You agree to inform us promptly, and in any event, within 30 days through our customer care platforms if there are any changes to Customer or User Information and to respond promptly to any request from us.
6.2 You agree that KOKO shall not be liable for any loss or damage arising from or incidental to our use, collection, processing and sharing of customer information, and any action we have taken in relation to this section.
6.3 Should we wish to use your information for marketing purposes, we will inform you prior to such use. You shall be entitled to prevent such usage by informing us, within 10 days of being informed of the proposed use, that you do not wish to disclose such information. You can also exercise the right at any time by contacting us at our Customer care numbers detailed at the end of this policy.
SECTION 8. QUESTIONS AND CHANGES
Toll free number (KE): 0800720716
SMS Shortcode (KE): 20531
Email : firstname.lastname@example.org
B. TERMS AND CONDITIONS FOR THE PURCHASE OF KOKO PRODUCTS.
1.1 By accepting these Terms and Conditions, you hereby agree:
2. LAY-BY PAYMENTS
2.1 You can choose the amount and timing of the Lay-By Payments. A Lay-By Payment will only be added to your KOKO Customer Account once the first Lay-By Payment has been received by KOKO.
2.2 The Lay-By Payments shall be applied towards the settlement of the Retail Price on the final payment date.
2.3 No interest or account management fees will apply to your Lay-By Payments in your KOKO Customer Account.
3. OBLIGATIONS OF KOKO NETWORKS LIMITED
3.1 KOKO will send you a confirmation text message on receipt of every Lay-By Payments.
3.2 The confirmation will contain your name, the Lay-By Payment received, and your KOKO Customer Account balance, and the text message serves as a payment receipt for each Lay-By Payment. You can track your payment progress on the myKOKO mobile application or by viewing your account on any KOKO Point.
3.3 After receipt of your final Lay-By Payment, you will be contacted by KOKO to advise on timing and arrangements for the collection of the Products.
4.1 You may terminate your Lay-By Payments order at any time before receipt of the Products. If you wish to terminate your Lay-By Payments order, contact KOKO Customer Support by sending a free SMS to 20531. After receipt of the Products, you may not return them or receive any refund for them.
4.2 Upon cancellation, KOKO will deduct a one-off Cancellation Fee of KES 100 from your Account and the balance shall be remitted to your registered M-PESA number or Airtel Money number or T-Kash number within 10 working days.
4.3 KOKO may terminate the Lay-By Payments order if:
5. CHANGE OF CUSTOMER DETAILS
5.1 If you change your registered phone number or M-PESA number or Airtel Money number or T-Kash number during the Lay-By Payments, please notify KOKO Customer Support as soon as possible by sending a free SMS to 20531.
6. SALES COMMISSIONS
6.1 For every sale of the Products completed via a referral code provided by yourself to other new KOKO Customers (your “Agent Referral Code”), you shall be eligible to earn a commission (subject to statutory deductions as required by Kenyan law) that shall be payable ONLY upon receipt of the full payment of the Retail Price of the Products from the new KOKO Customer as confirmed to you by KOKO.
6.2 No commissions will be payable before the full and final payment of the Retail Price of the Products or for discontinued Lay-By Payments.
WARRANTY TERMS & CONDITIONS
All KOKO Products are sold by KOKO, facilitated by authorised KOKO Agents or facilitated by authorised KOKO partners and contain unique serial numbers. The KOKO Consumer Hardware warranty will start upon collection and completion of the sale of the KOKO Consumer Hardware.
a) If an event covered by Warranty occurs:
a) This warranty is not applicable if the KOKO Consumer Hardware is not used in accordance to the User Manual.
b) This warranty does not apply to unauthorised attempts to open the KOKO Consumer Hardware or for KOKO Consumer Hardware that has been worked on by an unauthorised agent or person.
c) This warranty does not cover defects from using the wrong fuel with the Products, the ceramic wool and wire gauze above it.
d) This warranty does not apply to deterioration, defects, faults or failures caused by or attributable to and not limited to:
e) Any failure to install, fit, use or maintain the item or genuine part in accordance with KOKO’s instructions or recommendations in this Manual, or the use of unsuitable agents (e.g, unsuitable cleaning agents);
f) Deterioration, staining or corrosion of plated parts, paint coatings, rubber or plastic components or soft trim which occur due to normal exposure, general wear and tear and usage;
g) Environmental conditions, including dust, salt, sand, stones, tree sap, bark or leaves, bird, animal or insect droppings or other damage, windstorm, hail, flood, lightning or other acts of God; and/or
h) Any physical impact or force.
Contact KOKO Customer Care using any of the following channels:
Toll free number (KE) : 0800720716
SMS Shortcode (KE): 20531
KOKO Customers can swap their eligible empty KOKO Canisters for KOKO Canisters filled with 2.3 litres of KOKO Fuel at respective KOKO Agent locations or any other locations that KOKO may designate, in accordance with the terms below:
KOKO Canister eligibility criteria
Faulty KOKO Canisters that cannot be used to fuel a KOKO Cooker or refill at a KOKO Point as highlighted below.
While fuelling a KOKO Cooker:
At the KOKO Point, when the KOKO Canister is docked, it reflects one of the following errors:
KOKO Customers can purchase fast moving consumer goods at respective KOKO Agent locations or any other locations that KOKO may designate, in accordance with the terms below:
G. CARBON CREDITS
H. QUESTIONS AND CHANGES
Any changes we may make to our Terms and Conditions will be sent to you or posted on the website at www.kokofuel.co.ke and where applicable, notified to you when you next start the App for acknowledgement.
The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the services. Questions, comments and requests regarding these Terms and Conditions are welcomed and should be addressed to the following:
Toll free number (KE) : 0800720716
SMS Shortcode (KE): 20531
Email : email@example.com