1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, from within territories and possessions, of the applications, websites, content, products, and services of the Country in which you are situate made available by Digi-Receipt, it’s subsidiaries, representatives, affiliates, officers and directors (hereinafter referred to as “Digi-Receipt”).
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Digi-Receipt. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Digi-Receipt may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Digi-Receipt may amend the Terms related to the Services from time to time. Amendments will be effective upon Digi-Receipt posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Digi-Receipt collection and use of personal information in connection with the Services is described in Digi-Receipt Privacy Policy located at https://www.digi-receipt.com/PrivacyAndPolicy
2. The Services
The Services constitute a technology platform that enables users of Digi-Receipt mobile applications or websites provided as part of the Services (each, an “Application”) for Vendors to create Promotional, Marketing and Customer Engagement Campaigns and embed them on the Digital Invoices or Receipts for use by retail consumers (the “Services”). Unless otherwise agreed by Digi-Receipt in a separate written agreement with you, the Services are made available solely for your personal use.
You acknowledge that Digi-Receipt does not provide social media marketing campaigns or marketing services or function as an advertiser or creator and that all such services are provided by independent third party contractors who are not employed by digi-receipt or any of its affiliates.
LICENSE
Subject to your compliance with these Terms, Digi-Receipt grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non- commercial use. Any rights not expressly granted herein are reserved by Digi-Receipt and Digi-Receipt’s licensors.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Digi-Receipt; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES
You acknowledge that portions of the Services may be made available under Digi-Receipt various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Digi-Receipt’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Marketing Companies or Media House and Network company advertisers, creators or individuals and/or companies with similar permits, authorizations or licenses.
THIRD PARTY SERVICES AND CONTENT
The Services may be made available or accessed in connection with third party services and content such as advertising that Digi-Receipt does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Digi-Receipt does not endorse such third party services and content and in no event shall Digi-Receipt be responsible or liable for any products or services of such third party providers.
OWNERSHIP
The Services and all rights therein are and shall remain Digi-Receipt’s property or the property of Digi-Receipt’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Digi-Receipt’s company names, logos, product and service names, trademarks or services marks or those of Digi-Receipt’s licensors.
3. Your Use Of The Services
USER ACCOUNTS
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Digi-Receipt certain personal information, such as your company name and registration documents, company physical and email address, company mobile and phone number, company registration documents, authorised users details such as contact number and email address, and a valid payment method such as mobile money or credit.debit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Digi-Receipt’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Digi-Receipt in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no dissemination of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or personal damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
USER-PROVIDED CONTENT
Digi-Receipt may, in Digi-Receipt’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Digi-Receipt through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Digi-Receipt, you grant Digi-Receipt a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Digi-Receipt business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Digi-Receipt the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Digi-Receipt’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Digi-Receipt in its sole discretion, whether or not such material may be protected by law. Digi-Receipt may, but shall not be obligated to, review, monitor, or remove User Content, at Digi-Receipt’s sole discretion and at any time and for any reason, without notice to you.
NETWORK DEVICES AND ACCESS
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Digi-Receipt does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payment
The vendor understands that use of the Services will result in charges to the vendor for the services or goods received from Digi-Receipt. Charges may include other applicable fees, including subscription fees, invoice or receipt purchasing fees, processing fees, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by Digi-Receipt.
Digi-Receipt reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Digi-Receipt’s sole discretion. Further, the Vendor acknowledges and agrees that Charges applicable in certain geographical areas may increase substantially during times of high demand. Digi-Receipt will use reasonable efforts to inform the Vendor of Charges that may apply, provided that the Vendor will be responsible for Charges incurred under their Account regardless of their awareness of such Charges or the amounts thereof. Digi-Receipt may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and the Vendor agrees that such promotional offers and discounts, unless also made available to them, shall have no bearing on the Vendor’s use of the Services or the Charges applied to them.
PAYMENT METHODS
All charges are due immediately and payment will be facilitated by Digi-Receipt using the preferred payment method designated in the Vendor’s Account, after which Digi-Receipt will send a receipt to the Vendor’s account.
5. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMERS
The services are provided “as is” and “as available.” digi-receipt disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, digi-receipt makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. digi-receipt does not guarantee the quality, suitability, safety or ability of third party providers. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
LIMITATION OF LIABILITY
Digi-Receipt shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Digi-Receipt has been advised of the possibility of such damages. digi-receipt shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if digi-receipt has been advised of the possibility of such damages. Digi-Receipt shall not be liable for delay or failure in performance resulting from causes beyond digi-receipt’s reasonable control.
You acknowledge that third party marketing providers providing marketing platform and campaign services requested through some request brands may not be professionally licensed or permitted.
Digi-Receipt’s services may be used by you to request and schedule marketing services or campaigns with third party providers, but you agree that Digi-Receipt has no responsibility or liability to you related to any marketing services, or campaigns provided to you by third-party providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
INDEMNITY
You agree to indemnify and hold Digi-Receipt and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Digi-Receipt’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
6. Governing Law, Jurisdiction and Dispute Resolution
These Terms shall be construed in accordance with and governed by the laws of Kenya. You may contact the Contact Centre to report any disputes, claims or Digi-Receipt Account discrepancies. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto. Notwithstanding the above provisions of this clause, a party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrator.
7. Other Provisions
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to Digi-Receipt’s designated agent. Please visit Digi-Receipt’s web page at https://www.digi-receipt.com for the designated address and additional information.
NOTICE
Digi-Receipt may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Digi-Receipt by written communication to Digi-Receipt's address.
GENERAL
You may not assign or transfer these Terms in whole or in part without Digi-Receipt’s prior written approval. You give your approval to Digi-Receipt for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Digi-Receipt’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Digi-Receipt or any Third Party Provider as a result of the contract between you and Digi-Receipt or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
8. Advertising on Digi-Receipt limits the following:
a. Discriminatory Practices: Ads must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
b. Government and Social Affairs: Government advertisements and Social Issues which include community based developments, economic processes and societal trends are allowed with the condition that they bear factual information and do not contain misleading information.
c. Pharmaceuticals: Prescription medication is prohibited be promoted through Digi-Receipt. Over-the-counter drugs on the other hand are permitted as long as they comply with the local government regulation.
d. Political Content:
- This includes an ad that:
a. is made by, on behalf of or about a candidate for public office, a political figure, a political party, a political action committee or advocates for the outcome of an election to public office; or
b. is about any election, referendum or ballot initiative, including "get out the vote" or election information campaigns; or
c. is about any social issue in any place where the ad is being run; or
d. is regulated as political advertising
- Political campaigns are allowed on this platform as long as they comply with the following terms:
a. They must display factual information about their past accomplishments and their present fulfilled agenda.
b. They must not contain prejudice against any political rival or acquaintance. Under-the-belt politics will not be endorsed.
c. Your disclaimer must accurately represent the name of the entity or person responsible for the ad.
d. Your disclaimer must not include URLs or acronyms unless URLs or acronyms make up the name of the organisation, which must also be accurately reflected on the website provided
e. Your disclaimer must not include profanity, objectionable language or unrecognisable words or phrases.
f. Your disclaimer must not wrongfully imply that a foreign leader is responsible for the ad.
e. Inappropriate Content: Sexual content, spyware or malware, drug and drug paraphernalia, copyright and trademark infringement, counterfeit goods, unauthorized ticket sales and weapons and weapons accessories are prohibited.
See the description under “Inappropriate content for further details”
9. Inappropriate Content
a. Sexual Content: Sexual content is prohibited from this channel, including andnot restricted to:
- Pornography
- Escort services and prostitution
- Full and partial nudity
- Modelled clothing that is sexual in nature
- Dating sites which focus on facilitating sexual encounters or infidelity
- Dating sites in which money, goods or services are exchanged in return for a date
b. Cryptocurrency: Promotion of trading or mining any cryptocurrency is prohibited.
c. Drug and Drug Paraphernalia: Promotion of any illegal substances according to local state laws is prohibited. This includes and is not limited to: illegal drugs, recreational and herbal drugs, accessories associated with drug use, drug dispensaries, and depictions of hard drug use
d. Trademark and Copyright Infringement: International trademark and copyright laws must be adhered to when driving any campaign so as not do display:
Content that misleads users about the advertiser’s brand affiliation.
Links, images, or other embedded media that could create user confusion regarding the advertiser's brand affiliation.
Promoted Trend names that feature third-party names in a way that could mislead users about the advertiser’s brand affiliation.
e. Weapons and Weapon Accessories: Promotion of gadgets that pose a danger to the safety of its user and those in their surrounding is prohibited. Weapons and their accessories, in particular, are not allowed.