Terms of use
Introduction
This Terms of Service agreement contains an arbitration agreement, primarily requiring you to submit claims to binding and final arbitration. It establishes the framework for your use of OneKitty, a mobile fundraising solution owned by Liana Technologies Limited, a company incorporated in Kenya. Liana Technologies Limited specializes in fundraiser solutions, business automation, point-of-sale solutions, and mobile applications development.
1.0 PRODUCT
OneKitty is a mobile fundraising solution proudly developed, operated, and owned by Liana Technologies Limited, a limited liability company incorporated in Kenya. Liana Technologies Limited is a renowned provider specializing in fundraiser solutions, business automation, point-of-sale solutions, and mobile applications development. It is important to note that Liana Technologies Limited is not a financial institution and does not accept deposits. OneKitty, available as a mobile-based and online application, empowers users to conduct transparent and efficient fundraising campaigns.
Before accessing or using OneKitty, please read this document carefully.
OneKitty is a mobile fundraising solution proudly developed, operated, and owned by Liana Technologies Limited, a limited liability company incorporated in Kenya. Liana Technologies Limited is a renowned provider specializing in fundraiser solutions, business automation, point-of-sale solutions, and mobile applications development. It is important to note that Liana Technologies Limited is not a financial institution and does not accept deposits. OneKitty, available as a mobile-based and online application, empowers users to conduct transparent and efficient fundraising campaigns.
Before accessing or using OneKitty, please read this document carefully.
2.0 DEFINITIONS
In this Agreement, the following terms have the indicated meanings:
In this Agreement, the following terms have the indicated meanings:
- Account: Refers to aCustomer's virtual OneKitty Account, representing the amount of E-Value held by the Customer.
- Agreement: Denotes these Terms of Use or any amendments made from time to time.
- Balance: Represents the amount of E-Value standing to the credit of your Account.
- Customer: Encompasses any individual utilizing the OneKitty service.
- E-Value: Represents the electronic value recorded in a Customer's Account, signifying theCustomer'sentitlement to an equivalent amount of cash held in the PAYBILL Account.
- Fees: Includes Transaction Fees and other charges payable under this Agreement for OneKitty services.
- Fundraising: Encompasses campaigns to raise money from individuals or groups for various causes or kitties.
- Mobile Phone: Denotes the mobile phone handset or mobile device used by the Customer.
- MSISDN: Refers to the Mobile Subscriber Integrated Services Digital Network Number, the identification number of the SIM card allocated by mobile operators.
- Network Service Provider: Signifies the mobile operator, such as Safaricom, Airtel Networks, Equitel, or others, collaborating with OneKitty.
- Paybill Account: Refers to the Customer's own Paybill account assigned by licensed payments service providers (PSPs)
3.0 TERMS AND CONDITIONS
3.1 USE OF ONEKITTY
This Terms of Use governs your use of OneKitty, forming a binding contract between you and Liana Technologies Limited. Your use of OneKitty is voluntary, and you agree to abide by these Terms of Use regarding the use of OneKitty and other services provided by us, such as PAYPAL, third-party merchant accounts, and Social Network Platforms that may be made available to you from time to time.
You acknowledge that Liana Technologies Limited may establish general practices and limits regarding the use of OneKitty, including the maximum period of time data or content will be retained and the maximum storage space allotted on the company's servers. Liana Technologies Limited reserves the right to terminate accounts that are inactive for an extended period, and may change these practices and limits at any time, with or without notice.
If you choose to register for OneKitty, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your password and Account. Notify Liana Technologies Limited immediately of any unauthorized use or security breach, and ensure that you exit your Account after each session. Liana Technologies Limited is not liable for any loss or damage resulting from your failure to comply with security measures outlined in this Agreement.
Upon subscribing to or accessing OneKitty on your mobile phone, you receive a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to use the service. Your use of OneKitty is at your own risk, and you agree not to hold Liana Technologies Limited responsible for any malfunctions related to your mobile phone hardware or your Network Service Provider.
If you access OneKitty through your mobile phone, your wireless service carrier's charges, data rates, and other fees may apply. By using OneKitty through your mobile phone, you consent to receiving communications from Liana Technologies Limited through SMS, MMS, text messages, or other electronic means. You agree to promptly update your Account information if you change or deactivate your mobile telephone number.
While Liana Technologies Limited endeavors to ensure OneKitty's availability, it does not guarantee continuous availability and is not liable for any loss arising from non-availability. By accepting these Terms of Service, you acknowledge that OneKitty services are not fault-free, and certain circumstances or factors may adversely affect service quality.
The confidentiality of your communications while using OneKitty is not guaranteed. Due to factors beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by unintended individuals. Liana Technologies Limited cannot accept liability for any loss, injury, or damage, whether direct or consequential, arising from any compromise of confidentiality.
Additionally, you agree to the following basic terms and conditions for the use of OneKitty:
This Terms of Use governs your use of OneKitty, forming a binding contract between you and Liana Technologies Limited. Your use of OneKitty is voluntary, and you agree to abide by these Terms of Use regarding the use of OneKitty and other services provided by us, such as PAYPAL, third-party merchant accounts, and Social Network Platforms that may be made available to you from time to time.
You acknowledge that Liana Technologies Limited may establish general practices and limits regarding the use of OneKitty, including the maximum period of time data or content will be retained and the maximum storage space allotted on the company's servers. Liana Technologies Limited reserves the right to terminate accounts that are inactive for an extended period, and may change these practices and limits at any time, with or without notice.
If you choose to register for OneKitty, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your password and Account. Notify Liana Technologies Limited immediately of any unauthorized use or security breach, and ensure that you exit your Account after each session. Liana Technologies Limited is not liable for any loss or damage resulting from your failure to comply with security measures outlined in this Agreement.
Upon subscribing to or accessing OneKitty on your mobile phone, you receive a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to use the service. Your use of OneKitty is at your own risk, and you agree not to hold Liana Technologies Limited responsible for any malfunctions related to your mobile phone hardware or your Network Service Provider.
If you access OneKitty through your mobile phone, your wireless service carrier's charges, data rates, and other fees may apply. By using OneKitty through your mobile phone, you consent to receiving communications from Liana Technologies Limited through SMS, MMS, text messages, or other electronic means. You agree to promptly update your Account information if you change or deactivate your mobile telephone number.
While Liana Technologies Limited endeavors to ensure OneKitty's availability, it does not guarantee continuous availability and is not liable for any loss arising from non-availability. By accepting these Terms of Service, you acknowledge that OneKitty services are not fault-free, and certain circumstances or factors may adversely affect service quality.
The confidentiality of your communications while using OneKitty is not guaranteed. Due to factors beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by unintended individuals. Liana Technologies Limited cannot accept liability for any loss, injury, or damage, whether direct or consequential, arising from any compromise of confidentiality.
Additionally, you agree to the following basic terms and conditions for the use of OneKitty:
- Setting up a fundraiser on OneKitty is free.
- You can manage only one active fundraiser with one MSIDN or SIM Line on OneKitty at any given time. However, you can contribute to an unlimited number of fundraisers started by other individuals on OneKitty.
- You can withdraw your funds at any time, provided your Balance is at least KES 250/-. Normal Network Service Provider tariffs apply for all withdrawals and contributions.
- A fundraiser may have a maximum of three (3) Treasurers who approve withdrawals.
- Other applicable fees for using this service are described elsewhere on our website.
3.2 CUSTODY OF MONEY
Liana Technologies Limited declares that it holds custody of all Payments and other monies received into the PAYBILL, TILL, Paypal, Stripe, Airtel Money, T-Kash, and Equitel channels. These Payments and monies are held for the benefit of the Customer, making the Customer beneficially entitled to the Customer Balances equivalent to the Balance standing to the credit of their Account.
You acknowledge that Liana Technologies Limited may treat the records of its system as conclusive evidence of the amount of E-Value standing to the credit of your Account. The company is not obligated to make independent investigations into your beneficial entitlement to the Customer Balances.
Liana Technologies Limited, through its financial technology partner, SasaPay, wholly owned by Viewtech Limited, holds custody of all Payments and other monies received into the PAYBILL, TILL, Paypal, Stripe, Airtel Money, T-Kash, and Equitel channels. These Payments and monies are held for the benefit of the Customer, making the Customer beneficially entitled to the Customer Balances equivalent to the Balance standing to the credit of their Account.
You acknowledge that Liana Technologies Limited may treat the records of its system as conclusive evidence of the amount of E-Value standing to the credit of your Account. The company is not obligated to make independent investigations into your beneficial entitlement to the Customer Balances.
It's crucial to note that SasaPay, owned by Viewtech Limited, is a financial technology company operating as a mobile money payment service provider (PSP) licensed by the Central Bank of Kenya (CBK). In October 2021, CBK granted Viewtech Limited authorization to conduct business as a payment services provider in Kenya.
Viewtech Limited offers mobile money e-wallet services, including send money, agency network, cash in & cash out services, merchants’ payments, and loose change collections. Customers receive their loose change from cash payments at merchants’ locations digitally into their e-wallet under the product dubbed SasaPay. This operation is in compliance with the National Payment System (NPS) Act 2011 and the National Payments System regulations 2014.
These withdrawal procedures are in place to ensure the security and proper handling of funds, aligning with the principles outlined in the National Payment System (NPS) Act 2011 and the National Payments System regulations 2014.
Liana Technologies Limited declares that it holds custody of all Payments and other monies received into the PAYBILL, TILL, Paypal, Stripe, Airtel Money, T-Kash, and Equitel channels. These Payments and monies are held for the benefit of the Customer, making the Customer beneficially entitled to the Customer Balances equivalent to the Balance standing to the credit of their Account.
You acknowledge that Liana Technologies Limited may treat the records of its system as conclusive evidence of the amount of E-Value standing to the credit of your Account. The company is not obligated to make independent investigations into your beneficial entitlement to the Customer Balances.
Liana Technologies Limited, through its financial technology partner, SasaPay, wholly owned by Viewtech Limited, holds custody of all Payments and other monies received into the PAYBILL, TILL, Paypal, Stripe, Airtel Money, T-Kash, and Equitel channels. These Payments and monies are held for the benefit of the Customer, making the Customer beneficially entitled to the Customer Balances equivalent to the Balance standing to the credit of their Account.
You acknowledge that Liana Technologies Limited may treat the records of its system as conclusive evidence of the amount of E-Value standing to the credit of your Account. The company is not obligated to make independent investigations into your beneficial entitlement to the Customer Balances.
It's crucial to note that SasaPay, owned by Viewtech Limited, is a financial technology company operating as a mobile money payment service provider (PSP) licensed by the Central Bank of Kenya (CBK). In October 2021, CBK granted Viewtech Limited authorization to conduct business as a payment services provider in Kenya.
Viewtech Limited offers mobile money e-wallet services, including send money, agency network, cash in & cash out services, merchants’ payments, and loose change collections. Customers receive their loose change from cash payments at merchants’ locations digitally into their e-wallet under the product dubbed SasaPay. This operation is in compliance with the National Payment System (NPS) Act 2011 and the National Payments System regulations 2014.
- Setting up a fundraiser on OneKitty is free.
- In the event your Mobile Phone and/or SIM card is lost, it is your responsibility to obtain a replacement from your mobile operator to enable withdrawal. A medical form from a competent medical practitioner may be required in case of incapacitation.
- If you are incapacitated to the extent of being unable to withdraw from your Mobile Phone, you can personally appear at OneKitty offices with satisfactory evidence of your identity, including a medical form from a competent medical practitioner.
- If there were treasurers in the fundraiser, their confirmation of your incapacitation may be required.
- In the event of a Customer's demise, withdrawal from their Account can be initiated upon the request of the next of kin or the legal representative. The Claimant must produce specific documents, including the Claimant's original national identification card or passport, the deceased person's death certificate, a Statutory declaration (Affidavit), and a letter from provincial administration confirming details about the deceased person and beneficiaries. Confirmation of Grant of Letters of Administration or Confirmation of Grant of Probate may also be required as per applicable succession laws.
These withdrawal procedures are in place to ensure the security and proper handling of funds, aligning with the principles outlined in the National Payment System (NPS) Act 2011 and the National Payments System regulations 2014.
3.3 PROPRIETARY RIGHTS
Liana Technologies Limited holds proprietary rights to the technology and software underlying the OneKitty Service (the “Software”). This includes any content or features within the Service. Users are not authorized to modify, copy, frame, scrape, rent, lease, sell, sublicense, or distribute the Software without express permission. Any unauthorized use or distribution of the Software is strictly prohibited.
The Company Trademarks, including the company name and logos, are exclusive property. Other names and logos used within the Service may be trademarks or service marks of their respective owners. Users are prohibited from using any Company Trademarks without prior written permission.
While the Company strives to ensure the quality and appropriateness of content, it is not liable for third-party content. The Company reserves the right to refuse or remove content that violates these Terms of Use or is deemed objectionable. Users are responsible for evaluating the accuracy and usefulness of content.
Concerning User Content, users represent and warrant ownership of all rights in such content. By uploading User Content, users grant the Company a license to use, modify, and display the content for Service operation or promotion.
Submissions, such as questions or feedback, provided to the Company are non-confidential. The Company has unrestricted rights to use and disseminate Submissions for any purpose without acknowledgment or compensation.
The Company may preserve and disclose content as required by law or to enforce these Terms of Use. Users understand that technical processing and transmission may involve changes to conform to network requirements.
Copyright Complaints:
The Company respects intellectual property rights. Users should report copyright infringement by following the procedure outlined below. The Company will process and investigate notices of infringement under the Digital Millennium Copyright Act (“DMCA”).
To be effective, a notification must include an electronic or physical signature, a description of the infringed work, the location of the infringing material, contact information, a statement of good faith belief, and a statement under penalty of perjury.
Counter-Notice:
If User Content is mistakenly removed, users may send a counter-notice with a physical or electronic signature, identification of the removed content, a statement of good faith belief, and contact information.
Repeat Infringer Policy:
The Company may terminate users deemed repeat infringers at its discretion.
Liana Technologies Limited holds proprietary rights to the technology and software underlying the OneKitty Service (the “Software”). This includes any content or features within the Service. Users are not authorized to modify, copy, frame, scrape, rent, lease, sell, sublicense, or distribute the Software without express permission. Any unauthorized use or distribution of the Software is strictly prohibited.
The Company Trademarks, including the company name and logos, are exclusive property. Other names and logos used within the Service may be trademarks or service marks of their respective owners. Users are prohibited from using any Company Trademarks without prior written permission.
While the Company strives to ensure the quality and appropriateness of content, it is not liable for third-party content. The Company reserves the right to refuse or remove content that violates these Terms of Use or is deemed objectionable. Users are responsible for evaluating the accuracy and usefulness of content.
Concerning User Content, users represent and warrant ownership of all rights in such content. By uploading User Content, users grant the Company a license to use, modify, and display the content for Service operation or promotion.
Submissions, such as questions or feedback, provided to the Company are non-confidential. The Company has unrestricted rights to use and disseminate Submissions for any purpose without acknowledgment or compensation.
The Company may preserve and disclose content as required by law or to enforce these Terms of Use. Users understand that technical processing and transmission may involve changes to conform to network requirements.
Copyright Complaints:
The Company respects intellectual property rights. Users should report copyright infringement by following the procedure outlined below. The Company will process and investigate notices of infringement under the Digital Millennium Copyright Act (“DMCA”).
To be effective, a notification must include an electronic or physical signature, a description of the infringed work, the location of the infringing material, contact information, a statement of good faith belief, and a statement under penalty of perjury.
Counter-Notice:
If User Content is mistakenly removed, users may send a counter-notice with a physical or electronic signature, identification of the removed content, a statement of good faith belief, and contact information.
Repeat Infringer Policy:
The Company may terminate users deemed repeat infringers at its discretion.
3.4 APPLE-ENABLED SOFTWARE
For Software applications used with Apple products, additional terms apply:
For Software applications used with Apple products, additional terms apply:
- The agreement is solely between the user and the Company, not Apple.
- Users must comply with the App Store Terms of Service.
- The license is limited to use on an iOS Product owned or controlled by the user.
- Apple has no obligation for maintenance, support, or warranties.
- The Company is responsible for claims, including product liability and intellectual property infringement.
- Users in restricted countries are prohibited, and Apple is not responsible for any claims.
- Questions or issues regarding Apple-Enabled Software should be directed to the Company.
3.5 SOCIAL NETWORKING SERVICES
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Company's use, storage, and disclosure of information related to you and your use of such services within the Company (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Company is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. Company enables these features merely as a convenience, and the integration or inclusion of such features does not imply an endorsement or recommendation.
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Company's use, storage, and disclosure of information related to you and your use of such services within the Company (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Company is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. Company enables these features merely as a convenience, and the integration or inclusion of such features does not imply an endorsement or recommendation.
3.6 SOCIAL NETWORKING SERVICES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources, and the Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources, and the Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party.
3.7 CHANGES TO THE PRODUCT OR TERMS OF USE
The Company reserves the right to:
The Company reserves the right to:
- Change, add, modify, or remove any information and materials on the Product in any manner and at any time, and/or;
- Change or amend the Terms of Use at any time, and/or
- Suspend, limit, restrict, and/or deny access to any aspect or component or part of the Product at any time for any reason, including, without limitation, for any scheduled or unscheduled maintenance, upgrades, improvements, or corrections without giving any prior intimation to you or any Customer.
- Change the Fees charged for this Product from time to time. You will be notified of any such changes to the Product by an SMS notification or by an email notification or by a telephonic call notification, and you are required to be updated about all such changes in terms posted on our website. You authorize us to engage with you through the above-mentioned notifications and shall not hold the Company or any of its subsidiaries, office bearers, or any director, officer, or employee liable for a violation of your privacy. In addition, your continued use of the Service after any such changes to the Product becomes effective constitutes your agreement to accept the changes.
3.8 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Company makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Company expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Company makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.