Terms and Conditions

THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE PAWA APP

READ AND UNDERSTAND OUR TERMS AND CONDITIONS AS BY DOWNLOADING THE APP YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS


This App is developed and run for Dynamo Digital Company Limited, a body corporate established under the Laws Of Kenya, Registration Number CPR/2013/117795) and of Post Office Box Number 29677 00200 Nairobi (hereinafter referred to as ‘the Company’)

  1. Availability and registration:

    We have made this PAWA APP (the App) available to you for your own personal use only and only for the purposes of facilitating your access to the purchase of electricity tokens (the Service). The App is currently only available for use by customers connected to the Kenya Power & Lighting Company Limited power service in Kenya.

  2. Applicable terms

    Your use of the Service is governed by these terms and conditions of this App (the App T&Cs). By downloading the App you agree to comply with each of the App T&Cs.

    We reserve the right to modify these App T&Cs as required. If these App T&Cs are modified, we will post a clear, easily accessible modification notification on the App. If you continue using the App, you will be bound by any or all modifications made to it.

  3. Charges

    You may be charged by your service provider for downloading and/or accessing the App on your mobile phone, tablet or other handheld device (the Device). These may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. We will not charge a separate fee for accessing the App.

  4. Minimum System Requirements

    The App will only work on compatible Devices and operating systems and certain functionality will only work if your Device is connected to the internet. Some features may also only be available with certain operating systems.

  5. Use of your personal information

    Your personal information is processed under applicable law and controlled by the Kenya Power & Lightning Company Limited (KPLC).

  6. Your use of the App

    You must comply with these App T&Cs as these apply to your use of the App. Any violation of these App T&Cs may result in the termination of your access to the App.

    You will only use the App for your own personal use and not in connection with any commercial endeavours. You must not send it to anyone else or copy or modify any part of it in any way.

    You must not attempt to extract any source code from the App, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the App and our systems.

    You must not use the App for any of the following purposes:

    1. anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;

    2. anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;

    3. interfering in any way with any other user of the App; and/or

    4. knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.

    You must not use the App in a way that may damage or impair the App, or our underlying systems and security.

    As the App facilitates money transfers and token purchase, security is of paramount importance. You must keep your Device secure and properly close the App after each use. You must ensure that any security details, money transfer and account information and all other information that you provide to us via the App or otherwise is complete, accurate and up to date.

  7. Intellectual property rights

    The App and all copyright, database rights, trade marks and other intellectual property rights related to it belong to us or our licensors.

  8. Our responsibilities to you

    While we will endeavour to ensure that the App is normally available 24 hours a day, we shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App.

    The App, including all content on or available through the App, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App. The content of the App is not intended as advice and should not be relied upon.

    We do not accept any responsibility to you for:

    1. malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of the purchase request you send or the receipt of the purchased tokens via the App;

    2. any losses or delays in transmission of the purchase requests messages or receipt of purchased tokens arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;

    3. viruses that may infect your device, computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;

    4. any unauthorised use or interception of any message or information before it reaches the App or our servers from the App;

    5. any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;

    6. any content provided by third parties.

  9. Limitations of liability

    There are provisions on liability that also apply in connection with these App T&Cs and your use of the App.

    In addition, we and our officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:

    1. the App and your use, delay in use or inability to use the App or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;

    2. your access to and use of any material on the App or material linked to or referred to on the App; and/or

    3. ) any loss or damage to your Device or any other hardware or software you use in connection with the App, including in connection with any viruses that may affect the same on account of your downloading and use of the App.

    You acknowledge that use of the App is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties.

    Nothing in these App T&Cs shall exclude any party’s liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under any applicable law.

    You shall indemnify us (and you shall keep us indemnified) and hold us and our directors, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by us resulting from your breach of these App T&Cs.

  10. Termination and suspension

    We may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these App T&Cs, will end and you must stop using the App and delete it from your Device.

  11. Law and jurisdiction

    These App T&Cs and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the law of Kenya and the parties agree that the courts of Kenya will have exclusive jurisdiction to settle any such disputes or claims.