TERMS OF SERVICE
Last updated: 25th June 2021
This website (https://oyaapp.com) is run and operated by Oya Group Ltd. Throughout the site, the terms “we”, “us” and “our” refer to OyaApp Platform. OyaApp Platform offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing a service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, vendors, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. DEFINITION OF TERMS
The following defined terms appear in this Terms of Service:
a). “You” or Vendor or Seller
An individual, organization or company that applies to, or registers to use, or uses the OyaApp Platform to sell and have payments processed by OyaApp Platform for their customers.
b). Customer or Buyer
A person that makes purchases on OyaApp website .
c). OyaApp Website
The platform which allows vendors to sell to their customers using the available payment gateways - MPESA, Bonga Points, Airtel Money, Visa and Mastercard.
d). Payment Transaction
The processing of a payment through OyaApp Platform that results in the debiting or charging of the Purchase Amount to a customer and the subsequent crediting of funds to a vendor less the transaction fees.
e). Transaction Fees
The levy charged to the vendor for any service transacted through the OyaApp Platform application.
Any service that is listed for sale by a vendor that a customer may pay for using OyaApp Platform.
g). Purchase Amount
The amount of a Payment Transaction to pay for a service, and any related fees, taxes or shipping charges, as applicable.
h). “We” or "Us"
Refers to OyaApp Platform.
i). OyaApp Platform Dashboard
Vendors virtual payment account on OyaApp Platform through which they are able to view payments made for service.
2. REQUIREMENTS FOR REGISTRATION
In order to use OyaApp Platform, you hereby consent to provide and agree to complete all required information elements on OyaApp Platform registration web pages. You must provide a valid bank account number and M-PESA enabled phone number to receive your payments from OyaApp Platform. You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of OyaApp Platform, or to assist in determining whether to permit you to continue to use OyaApp Platform. We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for vendors, you represent that you are:
- 18 years old or older;
- and Capable of entering into a legally binding agreement.
3. PAYMENT PROCESSING
OyaApp Platform allows vendors to upload servicess such as tours, trips, events, rental homes and event tickets onto the OyaApp Platform page and facilitates the processing of Payment Transactions to complete a payment for a purchase between the vendor and a Customer.
OyaApp Platform will store information from Customers, such as their Payment Instruments, and will process Payment Transactions on behalf of vendors.
We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for vendors, or other applicable OyaApp Platform policies, as determined in OyaApp Platform’s sole and absolute discretion.
Vendor authorizes OyaApp Platform to charge or debit to vendors OyaApp Platform account the necessary charge necessary to complete processing of a Payment Transaction by a Customer.
Vendor also authorizes the crediting to vendors OyaApp Platform account in connection with reversals, refunds, or adjustments through OyaApp Platform.
You acknowledge and agree that your purchases of services are transactions between you and the Customer, and not with OyaApp Platform.
OyaApp Platform is not a party to vendors purchase of services, and OyaApp Platform is not a vendor or a Customer in connection with any Payment Transaction, unless expressly designated as such in the listing of the service on OyaApp website www.oyaapp.com.
You agree to protect OyaApp Platform from any fraudulent activity and ensure Customer security.
Vendors can request a payout from their dashboard a day after a customer has purchased a service. Mobile money payments are released instantly while card payments take T+4 days.
4. LIMITATION ON THE USE OF SERVICE
We reserve the right to change, suspend or discontinue any aspect of OyaApp Platform at any time, including hours of operation or availability of OyaApp Platform or any OyaApp Platform feature, without notice and without liability. We also reserve the right to impose limits on certain OyaApp Platform features or restrict access to parts or all of OyaApp Platform without notice and without liability.
We do not warrant that the functions contained in OyaApp Platform will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or OyaApp Platform).
We may limit or suspend your use of OyaApp Platform at any time, in our sole and absolute discretion. If we suspend your use of OyaApp Platform, we will attempt to notify you by your registered electronic mail in your OyaApp Platform account.
5. OYAAPP ACCOUNT INFORMATION
Maintaining the confidentiality of your OyaApp Platform Account.
Any and all transactions by persons that you give access to or that otherwise use your OyaApp Platform account.
Any and all consequences of use or misuse of your OyaApp Platform account.
You agree to notify us immediately of any unauthorized use of your OyaApp Platform account or any other breach of security regarding OyaApp Platform of which you have knowledge.
6. PRIVACY AND DATA PROTECTION
7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8.ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time but we shall inform you of any substantial changes that may affect your personal information.
9. SERVICE FEES
We do not charge a fee to use OyaApp Platform to upload services, tours, trips, events, holiday homes and rentals content onto your OyaApp Platform page. OyaApp Platform fee is applicable only when services are purchased from your OyaApp Platform page. There is a NO REFUND policy on our fee after transactions are completed using OyaApp Platform.
10. REFUND POLICY
As a buyer, we are fully committed to ensuring that you are able to shop safely and confidently. You are entitled to a full refund if the following occurs:
A tour, trip or event is cancelled or postponed.
If you purchase a service and what you receive is not what is advertised.
All other requests for refunds will be addressed as per situation. If you would like to request a refund for any other reason other than what is stated above, please send an email to firstname.lastname@example.org and someone will promptly respond to your request.
OyaApp Platform will provide various tools to assist vendors and Customers in communicating with each other to resolve a dispute that may arise with respect to their transaction.
If a vendor and Customers are unable to resolve a dispute, we can mediate disputes between them if either party requests assistance.
12. OyaApp Platform IS NOT A BANKING INSTITUTION
OyaApp Platform processes Payment Transactions on behalf of vendors. OyaApp Platform is not a bank or other chartered depository institution.
13. TERMINATION OF SERVICE
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of OyaApp Platform for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of OyaApp Platform, you remain liable for all Payment Transactions and any other obligations you have incurred.
Upon termination, we have the right to prohibit your access to OyaApp Platform, including without limitation by deactivating your OyaApp Platform account and to refuse future access to OyaApp Platform by you.
14. NO ENDORSEMENT OF SERVICES
OyaApp Platform does not represent or endorse, and shall not be responsible for:
The safety, quality, accuracy, reliability, integrity or legality of any service, the truth or accuracy of the description of services, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through OyaApp Platform.
The ability of Customers to buy services or vendors to deliver services. OyaApp Platform hereby disclaims any liability or responsibility for errors or omissions in any Content or in OyaApp Platform.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kenya.
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or simultaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any confusion as to the meaning of these Terms of Service shall not be used against OyaApp Platform.
18. LIMITATIONS OF LIABILITY; FORCE MAJEURE
OyaApp Platform shall not be liable to the Buyer in the event of any disruption of OyaApp Platform or the Payment Platform or any part thereof resulting from Force Majeure and OyaApp Platform may suspend OyaApp Platform or part thereof in such an event.
Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for OyaApp Platform to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of OyaApp Platform caused by disruption or suspension of the telecommunication facilities.
19. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
For any unlawful purpose.
To solicit others to perform or participate in any unlawful acts.
To violate any international, National regulations, rules, laws, or local ordinances.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape.
For any obscene or immoral purpose or to interfere with the security features of the Service or any related website, other websites, or the Internet..
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
20. MODIFICATIONS OF TERMS OF SERVICE FOR BUYERS
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on OyaApp Platform Web Site or otherwise communicating the notification to you.
The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of OyaApp Platform.
21. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com