Terms and Conditions

  1. Introduction
  • These Terms and Conditions (“Terms”) govern the use of the services that are made available by Sauti East Africa Limited (“Company”, “we” or “us”) to the individual who subscribes to the same (“you”). The information on the Platform and the content of the pages of our website is for your general information and use only. It is subject to change without notice.
  • The use of the Platform is not intended for persons below the age of eighteen (18) years.

 

  1. Definitions
  • Advocacy Agencies” means the agencies that the Company from time to time engages with in order to report any unlawful or unfair practices or any violations of human rights that you may encounter at the border points;
  • Company” means Sauti East Africa Limited
  • EAC” means the East African Community as provided for the time being under the East African Community Treaty (as amended on 14th December 2006 and 20th August 2007);
  • Personal Information” means any information that may be used to identify you;
  • Platform” means the Sauti East Africa USSD Platforms or Sauti East Africa mobile applications; and
  • Relevant Authorities” means the police, tax agencies and any other authorities in charge of security, taxation or border procedures in the EAC countries.

 

  1. Entire Agreement
  • These Terms contain the complete terms and conditions that govern your access to and use of the Platform. These Terms represent the entire agreement between you and the Company and supersedes all other agreements entered into between you and the Company with respect to the use of the Platform.
  • By accessing the Platform you agree to be bound by these Terms.

 

  1. Services
  • The Company may provide you with information on trade procedures, documentation, taxes, tariffs, market prices and exchange rates. The information provided on the Platform is generated based on the responses that you provide to the prompts on the Platform. The Platform is free to access but normal USSD/SMS telecommunication networks charges may apply.
  • As part of your use of the Platform, the Company may provide you with certain communications such as any information the Company deems useful for its users, advertisements, or invitations to participate in surveys. You can opt out of receiving such communications by sending a text message (SMS) with the word STOP to the relevant number for your country of use which can be found on the “Help” section of the Platform.
  • You may use the Platform to report your experience at the border points including any incidences of corruption, harassment or any other unlawful conduct.

 

  1. Data (Information) Policy
  • You consent to the Company collecting your information including but not limited to information on the type of goods you deal in across borders, the amount or volumes of the goods you deal in, your gender or your education levels.
  • The Company does not collect any Personal Identifying Information.
  • You consent to the use and distribution by the Company of anonymised data, such as data gathered from user behaviour and survey questions and any other data to the extent that it is permitted by the relevant national laws.
  • You consent to the Company using your location related information to determine the services available to you, such as which border point you like to use or which market you prefer to trade at so that we can bring a personalised experience to you and to provide information that is most suitable to your needs.
  • You agree that the Company may disclose your Personal Information if required by law, to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, corruption, harassment, fraud or other criminal activities.
  • Save as provided herein, the Company shall not share your Personal Information which may come within its knowledge without your consent. The Company has put in place adequate safeguards to ensure the safety of your Personal Information and to prevent unauthorized access.

 

  1. Intellectual Property
  • This Platform and the Company’s website contain material which is owned by or licensed to the Company. This material includes, but is not limited to, data on the website and platform, research, software, web applications, designs, layouts, and graphics. Reproduction is prohibited unless with written consent of the Company.
  • You agree that the Company exclusively owns the intellectual property rights from any contents, logo and any other visual media contained in the Platform and your use of the Platform does not in any way grant you any right or authority to claim any content that is published in the various platforms and our intellectual property rights are protected under the various national laws of the countries in which the Terms apply.
  • The data collected by the Company on its user base and shared on its website is the property of the Company. In the event that you intend to use that data, you must request the Company for consent to use the data and you must credit the Company as the source of the data.

 

  1. Third party content

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

 

  1. Warranties and Limitation of Liability
    • The Company endeavours to provide you with accurate and updated information on the Platform. However, the company does not in any way guarantee the correctness or accuracy of such information. The Company is not responsible for any loss whether material or immaterial, harm, injury which occurs as a result of reliance on the information provided on the Platform.
    • To the extent permitted by law you agree that the Company can disclaim all the warranties, whether implied or express, during your use of this Platform to the extent that it is permitted in various countries in which these Terms apply.
    • This website and the Platform is provided “as is,” with all faults, and the Company expresses no representations or warranties, of any kind related to this website/Platform or the materials contained therein.
    • The Company may relay any information on corruption, harassment or any other unlawful activity that is reported on the Platform to the relevant authorities or the Advocacy Agencies. The Company shall not be liable for anything that results from relaying the information or from its failure to relay the information.

 

  1. Indemnification

You hereby agree to indemnify the Company to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

 

  1. Governing Law

These terms shall be governed by and construed in accordance with the Laws of Kenya.

 

  1. Dispute Resolution
    • Any dispute arising out of or in connection with these Terms that is not resolved through the Company’s helpline may be brought to the attention of the Company’s headquarters located in Nairobi, Kenya for resolution.
    • Any dispute that is not settled by the Company’s management shall be settled first through negotiation. In the event that the parties fail to settle any dispute arising from these Terms through negotiation within fourteen (14) days of an offer by one party to negotiate a resolution, the parties agree to settle the dispute through mediation by a mediator appointed by agreement of the parties or failing agreement by the parties, a mediator appointed by the body in charge of mediation in the relevant country.
    • No party may commence any court proceedings in relation to any dispute arising out of these Terms until they have attempted to settle it by negotiation and mediation in accordance with the provisions of this clause.

 

  1. Assignment

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

  1. We reserve all rights not expressly granted to you.