PRIVACY POLICY AND TERMS & CONDITIONS OF USE

Last updated: August 1 2020

PART I: PRIVACY POLICY

By using our services through the mobile application MFUKO (“Application”) or our website (“Website”), (collectively “Platforms”), you agree to be bound by the terms of this Privacy Policy.

By visiting our Platforms and/or by providing Your information, You consent to the collection and use of the information You disclose on our Platforms in accordance with this Privacy Policy, including but not limited to, your consent for sharing your information as per this Privacy Policy. You acknowledge and agree that even if You are not a registered User with Us, We may collect information about You, if a registered User has provided Us with Your information to facilitate services. For the purpose of this Privacy Policy, the term “Us”, “We”, “Mfuko” or the “Company” refers to THE MFUKO VALUE LIMITED a company registered in Kenya under registration number is PVT-7LUGPZ3 and of Post Office Box Number 28423, GPO – 00100 NAIROBI. The term “You” or “User” refers to the end user.

This Privacy Policy explains how we collect, use, share and protect information in relation to our mobile services, website, and any software provided on or in connection with our services and your choices about the collection and use of your information. You should read this Privacy Policy in its entirety.

1. COLLECTION OF PERSONAL INFORMATION

1.1. We collect certain information about You to help us serve You better. The information collected by Us is of the following nature:
     1.1.1. Phone Number, Name, Username, Password, e-mail address, and other profile data that You may have chosen to provide by filling in forms in the Application, in correspondence with Us or by registration to use the Application.
     1.1.2. Any customisations that you may have made in the Application, including, but not limited to service preferences.
     1.1.3. Any information that you enter into the Application, including the Personally identifiable information as defined by governing law

1.2. When visiting Our Website or Using the Application, the information We may collect includes but is not limited to:
     1.2.1. Your internet protocol (IP) address and internet service provider ( ISP)
     1.2.2. The referral source (e.g. if you followed a link)
     1.2.3. The pages you visit on our website or the Application.
     1.2.4. Location data- When You use the Platforms through the telecommunication device, we collect Your location data. If You permit the Platforms to access Your location through the permission system used by Your mobile operating system, We may also collect the precise location of Your device when the Application is running in the foreground or background. We may also derive Your approximate location from Your IP address.
     1.2.5. Traffic data
     1.2.6. The mobile device or browser you are using and its display settings
     1.2.7. Your Operating System
     1.2.8. The date and duration of your visit
     1.2.9. Technical information including but not limited to the hardware model, operating system and version, software and file names, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

1.3. On receiving personal information about Our Users, You no longer remain anonymous to Us. We may use this information to do internal research on our Users’ demographics, interests, and behaviour to better understand, protect and serve our Users. We will also use this information to provide personalized services including content and advertisements. This information is compiled and analyzed on an aggregated basis. We indicate fields that are mandatorily required to be filled and fields that are optional. The Users may decide whether or not to provide such information to Us.
1.4. Our Website, You can browse without telling Us who You are or revealing any personal information about Yourself. We may automatically track certain information about You based on Your behavior or activity on Our Website. This information may include the referral source (whether this URL is on our Platforms or not), which URL You visit (whether this URL is on our Platforms or not), Your browser information, and Your IP address.
1.5. On Our Website, We and our third party service providers including our marketing partners and analytics providers may use data collection devices such as “cookies” on certain pages to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist Us in providing Our services. We offer certain features that are only available through the use of a “cookie”. You are always free to decline our cookies if Your browser permits, although in that case You may not be able to use certain features on the Platforms. Additionally, You may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.

2. USE OF PERSONAL INFORMATION

2.1. The information collected by Us through our Platforms maybe used inter alia for the following purposes:
     2.1.1. To provide Our services to You;
     2.1.2. To personalize the features and content presented to You;
     2.1.3. Internal record keeping;
     2.1.4. To improve Our products and services;
     2.1.5. To Contact you in connection with requested services or inquiries;
     2.1.6. To track our users’ demographics, interests and behaviors;
     2.1.7. To enable us and advertisers to display advertisements to you as a target audience;
2.2. We may periodically send promotional notifications on the Application about special offers or other information which We think You may find interesting. You may opt-out from receiving these types of communication by turning them off through your device settings;
2.3. From time to time, We may use the information to customize the Website or Application according to Your interests and send you personalized services.
2.4. We may use personal information to resolve disputes that may arise with the use of Our Services, help promote a safe service to all the Users of the Platforms, measure consumer interest in our services, customize your experience, detect and protect Us against error, fraud and other criminal activity, enforce Our terms and conditions.
2.5.We identify and use Your IP address to help diagnose problems with Our server, and to administer Our Platforms. Your IP address is also used to help identify You and to gather broad demographic information.

3.1. We share Your information with payment service providers and regulatory authorities in the event of any request from such authorities.
3.2. We may disclose Your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
3.3. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our Users or the general public.
3.4. We and Our affiliates will share/sell some or all of the collected information with another business entity should We (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to all the information collected.
3.5. We do not disclose personal information about identifiable individuals to other parties, but We may provide them with aggregate and/or anonymized information about our Users to help advertisers reach the kind of audience they want to target. We may make use of the information We have collected from You to enable Us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

4. INFORMATION SECURITY

4.1. We have implemented reasonable security measures designed to protect the information collected by Us from loss, misuse, unauthorized access, disclosure, alteration, or destruction. All information resides on our servers, which are password protected and limited to authorized personnel. In addition, We use industry standard technology to keep your information secure while residing on Our servers.
4.2. Please note that transmission of information via the internet is not completely secure and although we will use best endeavours to protect your personal data, we cannot guarantee the security of the data transmitted via the Internet or mobile data networks. Once Your information is in our possession we take all reasonable steps to ensure that your data is treated securely in accordance with this Privacy Policy and adhere to strict security guidelines, to protect it against unauthorized access.
4.3. By using, accessing or registering with our services, you agree that We are not responsible or liable for any loss or damage of any sort arising from or relating to any breach of our security, circumvention of any privacy settings or security measures, or interception of your transmissions (see also Terms). Any transmission by you is at your own risk.
4.4. You are responsible for keeping your access passwords and pins secure and we caution you against sharing the same with anyone.

5. OPT-OUT

5.1. We provide all Users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from Us on behalf of our partners, and from Us in general, after providing Us with personal information. If You want to remove your contact information from all lists and newsletters, please contact info@mfuko.app.
5.2. If You choose to unsubscribe from the Application or delete any or all of your information, you may uninstall the Application. Please note, We may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.

6. THIRD PARTY PROVIDERS

6.1. Some of our Apps or the functions within the Application may be provided, developed, or hosted by third-parties that are not affiliated with Us. These entities may collect, process, or receive information you provide within the Application, including information about your use of our Application and your activities over time and across third-party applications or websites. These third-parties may collect, use, store, process, or transmit information in accordance with their applicable privacy policies and business practices, which are not under Our control.
6.2. We use third-party advertisers, ad networks and servers, content providers and technology and application providers to serve advertisements on the Application. These companies may use information (not including your name, address, email address, or telephone number) about your activity on the Application as necessary so that they may provide the services for which they have been engaged.
6.3. For more information on third-party practices, please refer to such third-parties’ applicable privacy policies, terms of use, end user license agreements, or similar disclosures, available from such third party’s website, or by contacting the third-party for more information. If you have questions about which third-parties may have access to your information through your access to or use of any particular App, you may contact us at info@mfuko.app for more information.

7. LINKS TO EXTERNAL WEBSITES

Our Platforms may include links to external websites not operated or controlled by Us. Please be aware that We do not have control of and are not responsible for the privacy or security practices of such other sites. We encourage you to look for and review the privacy statements of each and every website that you visit and be mindful of the information you may submit to any such third-party.

8. CHANGES

If we decide to change our Privacy Policy, We will post those changes on this page so that You are always aware of what information We collect, how We use it, and under what circumstances We disclose it. If You do not agree for the forgoing, please do not continue to use or access our Platforms.

PART II: TERMS & CONDITIONS OF USE OF THE MFUKO VALUE LIMITED SERVICES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY For the purpose of these Terms and Conditions of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a registered User on the Application (Mfuko) by providing registration data while registering on the Application. The term “We”, “Us”, “Our” shall mean THE MFUKO VALUE LIMITED a company registered in Kenya under registration number PVT-7LUGPZ3 and of Post Office Box Number 28423 , GPO 0100, NAIROBI (“Mfuko Value” or the “Company”, which expression shall, wherever the context permits, admits or requires, be deemed to mean and include its successors in interest and permitted assigns).
These Terms and Conditions (the “Terms” or the “Agreement”) set forth a binding legal agreement between you and the Company and governs your use of Mfuko mobile application and websites (the “Services”) operated by the Company.
BY INSTALLING OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS WHICH WILL BIND YOU.
The Application is owned and operated by the Company and You acknowledge that the Company is providing You with a revocable, limited, non-exclusive, and non-transferable license to use the features of the Application. Company and You may be individually referred to as a “Party” and collectively as “Parties”, as the context may require.

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1. To accept these Terms and Conditions, You must be at least 18 (eighteen) years of age.
1.2. In consideration of Your use of the Application, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in Kenya or other applicable jurisdiction. You also agree to:
1.2.1. provide true, accurate, current and complete information about Yourself as prompted on the Application;
1.2.2. maintain and promptly update Your data to keep it true, accurate, current and complete.
1.3. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Application (or any portion thereof) at any time.
1.4. You may access the Application as available for Your personal use.
1.5. You may be required to enter a valid phone number while registering on the Application. By registering Your phone number with us, You consent to be contacted by Us via phone calls, push notifications, SMS notifications, and/or e-mails, in case of any subscription/service updates.

2. SERVICES

2.1. To avail any services offered by the Company, You may have to register with the Application to create Your account. You may then update the Application with personal information relating to You.
2.2. The Company offers You a technology platform via the Mfuko Application which is a mobile based information platform that provides consumers with a tool to help them effectively find the best prices and deals and product information when shopping or looking for product information.
2.3. The Company is not acting as an agent for any party, merchant or supplier and does not sell or re-sell any of the products listed.
2.4. Neither the Company, nor its directors, employees, agents or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Application, or products or services of any third party organizations mentioned or described on the Application or linked to or from the Application. You acknowledge that you enter any third party sites at your own risk and the Company is not responsible for third party sites.
2.5. The Application may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the Company, nor its directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Application, nor do they offer the goods or services for sale or make any other representation whatsoever about them.
2.6. The Company, its directors, employees, agents or related bodies corporate make no warranties regarding and shall not be liable or responsible to you ( whether in contract, tort or otherwise) for use of, the quality or late delivery of the goods or services from any third party or for honoring (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of , or any discounts, offers, promotions and coupons relating to any product or service offerings promoted or available through the Application.
2.7. The Company does not guarantee the consistency or the stability of the Application. Further, any services provided by the Company may be subject to change at the discretion of the Company, and the Company does not require Your permission for the same.
2.8. The Company automatically maintains a copy of the data entered by You in the Application and you consent to the collection, use and disclosure of this information in accordance with the Company’s Privacy Policy.
2.9. The Application allows You to password protect it, in the event that You wish to do so.

3. DISCLAIMER

3.1. Any Information made available through the Application is for information and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timelines, completeness or usefulness of the content and any other information provided through the Application.
3.2. Any information provided to You through this Application, including, but not limited to premium content, tips, and/or advice should not be treated as financial, commercial, technical or financial advice.
3.3. We suggest You consult professional, specialist and qualified advisers for any queries or clarifications about any information provided to You through this Application before taking or refraining from any action on the basis of information obtained through the Application. Although we make reasonable efforts to update the information provided by the Application and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

3.4. The Company does not recommend or endorse any products or other information that may be mentioned on the Application. Reliance on any information provided by the Company, employees, others appearing on the Application is solely at your own risk. The Application and any content on it is provided on an “AS IS” basis.
3.5. You expressly waive and release any claim that You may have against the Company or its directors, employees, agents, contractors.

4. CHANGES TO THESE TERMS

4.1. We may update these Terms and Conditions from time to time to reflect changes in law or best practice or to deal with additional features which we introduce and will notify You as and when We do so.
4.2. If you do not accept the notified changes you may terminate your use the Application and the Service.

5. UPDATES TO THE APPLICATION AND CHANGES TO THE SERVICE

5.1. From time to time we may automatically update the Application and change the services to deliver new features, improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Application for these reasons.
5.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Application.
5.3. The Application will always work with selected current or previous versions of the operating system (as it may be updated from time to time) and match the description of it provided to you.

6. USE RESTRICTIONS

6.1. You agree that You shall;
     6.1.1. not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Application or any operating system;
     6.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the Application [, including by the submission of any material] (to the extent that such use is not licensed by these terms);
     6.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Application;
     6.1.4. not use the Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
     6.1.5. not use the Application in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that impersonate another person or entity;
     6.1.6. not use the Application in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or site;
     6.1.7. If You become aware of misuse of the Application by any person, please contact info@mfuko.app.

7. TERMINATION OR SUSPENSION OF ACCOUNT

7.1. You agree that the Company may at any time and for any reason, terminate Your access to the Application, or restrict or suspend Your access to all or any part of the Application at any time, for any or no reason, with or without prior notice, and without liability.
7.2. If there is a suspicion of untoward or illegal activity, we may suspend Your account immediately.

8. PRESERVATION/DISCLOSURE

8.1. You acknowledge, consent and agree that the Company may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

comply with legal process nationally or internationally;
enforce this Agreement;
respond to claims that any Content violates the rights of third parties;
protect the rights, property or personal safety of the Company, its users and the public; or
pursuant to the terms of our Privacy Policy
we may use Your information to reach You for marketing or promotional purposes through any channel.

9. SECURITY COMPONENTS

9.1. You understand that the Application and software embodied within the Application may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Application.

10. PROPRIETARY RIGHTS

10.1. All materials on the Application, including, without limitation, names, logos, trademarks, images, text, columns, graphics, graphs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Company.
10.2. You acknowledge and agree that all Material on the Application is made available for limited, non-commercial, personal use only.
10.3. Except as specifically provided herein or elsewhere in the Application, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission.
10.4. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Application or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

11. TRADEMARK, COPYRIGHT AND RESTRICTION

11.1. The Application is proprietary software developed and made available exclusively by the Company.
11.2. The Company is the sole owner of the Application, and all software created to make the Application available to You.
11.3. The Company provides You with a single limited license to download, use and access the Application on Your mobile telephone devices for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive.
11.4. All content on the Application, which is including, but not limited to, designs, text, graphics, graphs, images, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of the Company or its licensors, except the Third Party Content
11.5. All icons and logos are trademarks of and proprietary to the Company. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11.6.All Content is the exclusive copyright of the Company or its licensors, except the Third Party Content and link to third party apps or websites. Systematic retrieval of the Company’s Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the Content for any purpose not expressly permitted by the Company in these Terms is prohibited and may invite legal action.
11.7. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Application is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the Company, modification of the Content, use of the Content on any other website, Application or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms.

12. TERMS AND TERMINATION

12.1. These Terms of Use shall remain in full force and effect for so long as You use the Application. You may delete Your account at any time, for any reason, by following the instructions on the Application. The Company however does not offer any refunds.
12.2. The Company reserves the right to terminate the services or the Application without prior notice. Your account or Your access to the Application maybe terminated immediately, with or without notice to You, and without liability to You, if the Company believes that You have breached any of these Terms, our Privacy Policy, or any false or misleading information, or interfered with use of the Application by others.
12.3. The Company reserves the right to cancel delete or deactivate Your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion.

13. DISCLAIMER OF WARRANTIES AND LIABILITY

13.1. All Material on this Application, (including but not limited to software) and services, included on or otherwise made available to You through this Application are provided on “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:

The Application will be constantly available, or available at all times; or
The information on the Application is complete, true and accurate;

13.2. The Company will not be liable to You in any way or in relation to the Material, or use of, or otherwise in connection with the Application. The Company does not warrant that the Application, information, content, materials, product (including software) or services included on or otherwise made available to You through the Application are error free, free of computer viruses or other harmful components.
13.3. Nothing on the Application constitutes, or is meant to constitute, advice of any kind.
13.4. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES’, OR ITS AGENTS’, PARTNERS’, AND CONTRACTORS’, AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE USE OF THE AFORESAID APPLICATION EXCEED THE PAYMENTS DIRECTLY RECEIVED AND RETAINED BY THE COMPANY FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.

14. EXCLUSIONS AND LIMITATIONS

Those who access or use the Application from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.

15. INDEMNITY

15.1. You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:

Your use of and access to the Application;
Your violation of any Terms and the Privacy Policy contained herein;
Your violation of any third party right, including without limitation any copyright, property, or privacy right.

16. ADDITIONAL TERMS

16.1. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Application, to obtain certain premium Content through the Application, or for other reasons. These additional terms are part of this Agreement, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
16.2. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service or any of the Application (or any portion thereof) with or without notice. You agree that we will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Application.
16.3. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
16.4. This Agreement together with the Privacy Policy and any other legal notices published by the Company on the Application, shall constitute the entire agreement between You and the Company concerning the Application and governs Your use of the Application, superseding any prior agreements between You and the Company with respect to the Application.
16.5. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
16.6. These Terms are governed by the laws of Kenya. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts of Kenya

17. GRIEVANCE OFFICER

17.1. In case of any grievance arising from the use of the Application, please contact the Grievance Officer on info@mfuko.app.