Terms of Service

Terms of Service

These Website Terms and Conditions (“Terms”) contained herein on this webpage, shall govern your access to and use of this website, including all pages within this website (collectively referred to as this “Website”).

These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms.

PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE BEING AGREED TO BE BOUND BY ITS TERMS.

Intellectual Property

Unless otherwise stated, Wasiliana and/or its licensors own the intellectual property rights and materials on the website subject to the license below. We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

Our Services

You may use the Services only if you agree to form a binding contract with Wasiliana and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

Subscription for services

You must be transparent about the nature of service you want to engage in before you are granted any service.

You should disclose subscription fees and frequency to customers before opt in.

Survey messages sent out to subscribers should be conducted within 72 hours after the transaction /contact has been made and the any follow ups prompts via sms should be within a week’s time. The first message to the subscriber should be an introduction to the survey. It should clearly detail the purpose and that the sms is FREE. It should also provide the customer with the option to express their desire to continue with the survey. In cases of no response to the introductory question, the survey should expire within 48 hours upon which no further prompts should be made unless the customer makes another transaction or contact.

Messaging service

Unsolicited messages – there should be a strict opt out whereby all messages should be sent out using opt out instructions, *456*9*5#. Customers must express consent through an opt-in process and there should be an opt-out process as well.

You should adhere to message timing from 8.00 a.m- 6.00 p.m. No after hour bulk messages are allowed to be sent out

Ensure that you adhere to content license conditions whereby illegal, offensive and infringing content is strictly prohibited. You cannot use Wasiliana for inciting the public towards any form of prejudice or discrimination purposes.

Applicable charges:

To the extent the Services or any portion thereof are made available for any fee, you agree to pay all applicable fees (including any minimum subscription fees) as set forth. You agree to pay any carrier costs, such as fees for porting your existing telephone numbers into or out of the Services. We may increase or add new fees for any existing Service or Service feature by giving You 30 days’ advance notice. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You will provide such information to us as reasonably required to determine whether we are obligated to collect VAT from you.

We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, You shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.

 Should you have any dispute as to fees associated with your account, please contact us at support@wasiliana.com within 30 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to your account, but in no event shall there be any cash refunds. Disputes older than 90 days shall not be entitled to any refunds or credits.

Governing law

Any claim relating to Wasiliana website shall be governed by the laws of the State of Kenya without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of the Web Site.

Termination, Suspension

A violation of any of the terms laid out in this terms will lead to suspension or termination. Following the suspension or termination of your right to use the Services by us or by you for any reason other than a termination for cause, you shall be entitled to take advantage of any post-termination assistance we may generally elect to make available with respect to the Services such as data retrieval arrangements. We may also endeavor to provide you with unique post-suspension or post-termination assistance, but we shall be under no obligation to do so.

General

We may revise these Terms from time to time. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms. Wasiliana failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.