TERMS AND CONDITIONS FOR THE USE OF THE BONGA SERVICE
- This Agreement (“Terms and Conditions”) sets out the terms and conditions governing the operation and use of the Bonga Service (“the Service”). These terms and conditions are available on https://bonga.ke
- You should carefully read and understand these Terms and Conditions which govern the provision and use of the Service.
- These Terms and Conditions shall take effect on the date your register for the Service by accepting these Terms and Conditions
- These Terms and Conditions may be amended or varied by Safaricom Plc from time to time and the continued use of the Service constitutes your agreement to be bound by the terms of any such amendment or variation.
Description and Eligibility for the Service
- The Service is a messaging platform with deep integration to the M-Pesa System.
- The Service enables you to chat with friends, send and receive money using M-Pesa, buy goods and services using a Pay bill number or Buy Goods till number and buy Safaricom airtime.
To be eligible to use the Service:
- You must have accepted these Terms and Conditions;
- You must be a subscriber to the Safaricom Network and be a registered Mpesa customer to take advantage of M-Pesa transaction features.
- You must have an android handset or tablet.
Access to the Service
- To access the Service download the Service by going to the Google Playstore and searching for “Bonga.”
- Install Bonga on your handset or tablet. Data charges will apply for the installation and use thereafter of Bonga.
- Once you have installed Bonga, launch Bonga by entering your mobile number for authentication.
- Once you have launched Bonga, a text message will be sent to your handset or tablet with the One Time PIN (“OTP”). DO NOT SHARE THE OTP WITH ANY THIRD PARTY.
- If you have an Android enabled handset or tablet the OTP can be auto read by your phone automatically and then you select the “Login” option
- Once you have logged in you will be requested to accept the Terms and Conditions, and Bonga will launch the home page.
Information and Data
- Safaricom shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of personal information, M-PESA information and all other information and data provided by you.
- Only whitelisted users will be able to login into the Bonga Service.
- All personal information, M-PESA information and all other information acquired by Safaricom shall be used for the purposes of the Service and as provided in these Terms and Conditions and shall not be further processed and disclosed without your consent unless it is expressly authorized in this Agreement.
You hereby expressly consent and authorize Safaricom to disclose, receive, record or utilize your personal information or information or data relating to your use of the Service:
- To and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
- To and from Safaricom’s service providers, dealers, agents or any other company that may be or become Safaricom’s subsidiary or holding company for reasonable commercial purposes relating to the Services;
- To and from a Credit Reference Bureau;
- To Safaricom’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
- To Safaricom in connection with the Services;
- For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and/or
- In business practices including but not limited to quality control, training and ensuring effective systems operations.
Indemnity and Exclusion of Liability
- In consideration of Safaricom providing the Service you undertake to indemnify Safaricom for any loss, charge damage, expense, fee or claim which Safaricom incurs or sustains thereby and you indemnify Safaricom from all liability for loss or damage which Safaricom may sustain from Safaricom acting on your instructions in accordance with these Terms and Conditions.
The indemnity shall cover:
- Any loss or damage that may arise from your use, misuse abuse or possession of any third party software including without limitation any operating system, browser software or any other software package or program.
- Any unauthorized access to the Service, and
- Any loss or damage occasioned by your failure to adhere to these Terms and Conditions.
- Safaricom does not make any representation or warranty as to continuous, uninterrupted or secure access to the Service.
Safaricom will not be liable for any losses or damages suffered by you as a result of or in connection with:
- Any failure, malfunction, interruption or unavailability of the Service;
- Your failure to give proper or complete instructions when using the Service;
- Any fraudulent or illegal use of the Service;
- Any loss that may arise as a result of any negligence on your part including revealing your OTP PIN or M-Pesa PIN to any third party;
- Your failure to comply with these Terms and Conditions; or
- Other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the Services, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions and failure of nay public or private telecommunications systems, lack of available resources, strikes or labour disputes.
- Safaricom will not be responsible for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to us.
- You may not assign any rights or obligations that may arise under these Terms and Conditions without our consent.
Intellectual Property Rights
- You agree that the Intellectual Property Rights in Safaricom and proprietary algorithm, including any and all amendments, upgrades or enhancements thereto from time to time) and all associated documentation belong to and are owned unreservedly by Safaricom.
- You shall not duplicate, reproduce or in any way tamper with any platform to which you are provided access to by Safaricom for purposes of this Agreement, and or associated documentation.
- We may communicate information concerning the Service to you via SMS, text message notification, through email at [email protected] or the talk to us feature on the Service or in such other publicly available medium including the Website or in the local dailies.
- You agree not to bring any claim against Safaricom for any damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the Service.
- Any dispute arising out of or in connection with this Agreement that is not resolved by Safaricom 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 to 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.
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
- To report any disputes, claims or discreprancies in the Service ,please use the talk to us feature on the Service or contact us via our website at https://bonga.ke.
- The Safaricom Postpaid and Pre paid Terms and Conditions as well as the Safaricom M-Pesa Terms and Conditions shall apply to the Service.