Zenka Digital Limited, a company incorporated under the laws of the Republic of Kenya with a company registration number PVT-EYU82X2 (“Zenka”), has the rights of use the brand names “Zenka” as well as their accompanying logo wherein used here. All rights thereto are reserved.
By visiting or using any Zenka website, App, USSD service, portal or extranet (“Site”), or the services provided on any Zenka’s Site, you agree to these Terms of Use. If you are a Zenka customer, you are also bound by the Zenka’s relevant Terms and Conditions of Loan Agreement and any other terms that apply to your loan or service. If any provision of these Terms of Use conflicts with any term in the Terms and Conditions of Loan Agreement, the Terms and Conditions of Loan Agreement will prevail to the extent of such inconsistency.
If you are a Zenka’s service provider, dealer, agent, consultant, contractor, or an employee of any of these entities, your use of the Site may also be subject to your binding agreement with Zenka, and if any provision of these Terms of Use conflicts with any term in your agreement with Zenka, the term of your agreement with Zenka prevails to the extent of such inconsistency.
Please read these Terms of Use, together with our Privacy Policy and Terms and Conditions of Loan Agreement carefully, they will govern our relationship with you in relation to your use of the Site and will constitute an ongoing binding agreement between Zenka and yourself.
SITE USE
You represent that you are at least eighteen (18) years. We may ask you to provide accurate registration information to create an Account in order to use the Site, or some of its features, or our services and products. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Site and our services and products, terminate or suspend your Account, or otherwise limit or restrict your use or service.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
The content on the Site is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
SECURITY
Some parts of the Site may require a user name, Account name, password or PIN. If you use these features, you agree to keep this information confidential and secure. You agree to accept responsibility for all activities that occur under your user name, Account, password or PIN, and to notify Zenka immediately if the confidentiality of your user name, Account, password or PIN is compromised. We will not be liable for any loss that you may incur as a result of someone else using your Account, password or PIN, because of your complicity or negligence or fraud.
To protect the security of the Site and your Account, we may terminate or suspend your Account, change your user name or password, request additional information before we authorize transactions on your Account, or take other reasonable actions.
PROHIBITED USES
You agree not to:
in any way that breaches any appliable local, national or international law or regulation;
use the Site or its contents for any purpose that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
resell any aspect of the Site or services available on it;
bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site or any Zenka system or network;
use the Site to send altered, deceptive or false source-identifying information;
use the Site to intercept, collect or store personal information about other users;
spam other users or take other actions that may affect the operation or enjoyment of the Site by other users;
access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process;
decompile, disassemble or reverse engineer any of the software or content used in any part of the Site or any Zenka system or network;
send a virus or use any malicious or harmful programs or techniques or computer code designed to adversely affect the operation of the Site or any computer software or hardware;
overload or crash the Site or any Zenka server or network; or
engage in excessively high volume data transfers or bandwidth use, including without limitation by hosting a web server, internet relay chat server or any other server via any use of the Site;
to transmit, or procure the sending of, unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (spam);
attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site; or
infringe the copyrights or intellectual property rights of Zenka or others.
SUBMISSIONS
The Site and Zenka social media accounts may have features that let you submit content or communicate with Zenka, other users, and the general public, such as e-mail, posting comments, reviews or ratings, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information and other materials you submit via the Site (“Submissions”).
You agree to only post, upload submit, or request, Submissions that are appropriate and related to the purpose of the Site.
You represent that you own or control all of the rights necessary to grant the licenses and sublicenses to your Submission as described in these Terms of Use.
By posting Submissions that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image.
You are fully responsible for any damage or harm resulting from your Submissions, and we assume no liability for Submissions posted or submitted by you or other users. You must not post, upload, submit or request:
any unlawful, threatening, violent, discriminatory, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion;
any commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services);
any information you are prohibited from transmitting by contract or confidential relationship;
any material that exploits or harms minors (any person under the age of eighteen (18) years), intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors;
to bully, insult, intimidate, humiliate, harass, alarm or embarrass any person;
any material that could harm Zenka’s business, reputation, employees, subscribers, facilities, or any person;
any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy;
content for which you were compensated or granted any consideration by any third party;
content that references other websites, addresses, email addresses, contact information, or phone numbers;
that impersonates any person or misrepresents your identity or affiliation with any person;
that advocates, promotes, incites any party to commit, or assist any unlawful or criminal act; and
content that contains computer viruses, worms, or other potentially damaging computer programs or files.
RIGHTS IN SUBMISSIONS
For any Submission you post, upload, submit or request via the Site, you grant Zenka a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your Submission for commercial purposes throughout the world in any media now known or hereafter developed; and
publish the name that you submit in connection with your Submission.
You agree that you have no recourse against Zenka for anyone’s infringement, misuse or violation of any right you may have in your Submissions.
You also irrevocably agree that Zenka can pursue claims against anyone who violates Zenka’s rights in the Submissions. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to Submissions submitted by you and you are solely responsible for securing and backing up your content. No compensation will be paid with respect to the use of your Submission as provided in these Terms of Use.
By submitting your email address in connection with your Submission, you agree that Zenka and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes connected with use of the Site or to our financial services.
THIRD PARTY SITES AND CONTENT
Parties other than Zenka may display and make available content, data, services and products through the Site. You acknowledge that Zenka is not a publisher of, does not control or endorse, and is not responsible or liable for, any such third party content.
Managers and hosts of interactive forums on the Site, for instance, blogs or chat rooms are not authorized Zenka spokespersons or representatives, and the information and material they publish has not been verified or approved by us and their views or values do not necessarily reflect those of Zenka.
The Site may contain links to websites operated by parties other than Zenka. You acknowledge that we do not control those websites and we are not responsible for their content, their privacy practices, or any other policies provided on those websites. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
PRIVACY POLICY
For information about how we collect, use and share information related to your use of the Site or our services, please refer to our Privacy Policy
INTELLECTUAL PROPERTY RIGHTS
Except for Submissions, the Site and its content, software, and services (together, “Materials”) are the property of Zenka and its suppliers and is protected by copyright, trademark, service marks, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all of our rights in the Materials.
If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.
The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of Zenka, its suppliers or other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of Zenka or their relevant owners.
Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of Zenka or its relevant owner, by implication, estoppel, or otherwise.
A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval or recommendation by Zenka.
INFORMATION
Zenka does not warrant, guarantee or represent, whether express or implied, that the content on the Site is accurate, complete, or current. Despite our efforts, product and service descriptions may be inaccurate. Zenka reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your request, and to take any other actions it deems reasonable or necessary to rectify the error.
WARRANTY DISCLAIMERS
This Site is provided on an “as is” and “as available” basis without warranties or covenants of the site, any Materials or apps included on, downloadable from or otherwise accessible via the Site, or any services or products available via the Site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability, and non-infringement.
Further, Zenka, does not represent or warrant that access to the Site will always be available or be uninterrupted, free from unauthorized access, including third party hackers or denial of service attacks. Zenka may without notice at any time suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons.
Zenka dose not authorize anyone to make a warranty of any kind on its behalf and you may not rely on any such statement of warranty.
Zenka does not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Site and to use your own virus protection software.
Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving Zenka’s prior written approval, which may be withheld or granted subject to the conditions Zenka specifies from time to time.
LIMITATIONS OF LIABILITY
In no event shall Zenka be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, regardless of the type of claim or legal theory asserted, arising out of or in any way connected with:
the use of or inability to use the Site or any Materials;
the use of or reliance of any content displayed on the Site; or
any claim attributable to errors, omissions, or other inaccuracies in the Site or any Materials even if Zenka or our authorized representatives have been advised of the possibility of such damages.
INDEMNIFICATION
Neither Zenka or its directors shall be responsible for, and they hereby disclaim all liability for, any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Site and/or any information contained on or received via the Site, your use of the service/s and/or your reliance on any information offered via the Site and service/s.
You agree to indemnify, defend, and hold harmless Zenka, and our officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of:
your violation of these Terms of Use;
your use of the Site;
any Submissions you supply; or
your violation of any law or the rights of a third party.
GENERAL
Capitalized terms and undefined in these Terms of Use have the meaning given to them in these Terms of Use.
You may contact us using the methods described on https://zenka.co.ke.
These Terms of Use are governed by and will be enforced under the laws of the Republic of Kenya.
You irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute, controversy or claim that arises out of or in connection with these Terms of Use.
You agree that these Terms of Use and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.
We may transfer our rights and obligations under these Terms of Use to any person without any notice to you.
We may change these Terms of Use without advance notice. Please visit the Site periodically to see the most current Terms of Use that govern your use. The amended terms will be made available on the Site. Each time you access the Site, you agree to be bound by the terms that apply at that time. Zenka makes reasonable effort to update the information provided on the Site on a regular basis.
If you do not accept these Terms of Use, please do not continue to use the Site. Please note that the terms and conditions stated in these Terms of Use refer to the use by you of the Site and they do not replace any commercial agreement concluded between you and Zenka for the provision of any service or product.
If any part of these Terms of Use is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms of Use will continue in full force and effect.
Zenka’s failure or delay to enforce strict performance of any part of these Terms of Use does not waive any of our rights nor does partial exercise of its rights or remedies.
When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate including, but not limited to, (i) issuing a warning to you, (i) immediate, temporary or permanent withdrawal of your right to use the Site, (iii) immediate, temporary or permanent removal of any Submission uploaded by you to the Site, (iv) institute legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach or take such other legal action against you as we consider appropriate, or (v) disclosure of such information to law enforcement authorities as we consider necessary or as required by law. We exclude our liability for all action we may take in responses to breaches of these Terms of Use.
