Terms and Conditions
Last updated: May 30th, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.teleeza.africa website (the “Service”) operated by Teleeza Africa Limited (“us”, “we”, or “our”).
We, Teleeza Africa Limited of Post Office Box Number 2270 - 00621 Nairobi, Kenya license you to use: - The Teleeza mobile application or website (both referred to as the “App”) and any updates or supplements to it. - The service you connect to via the App and the content we provide to you through it (“Service”). as permitted in this agreement.
We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Google Play and Apple App Store’s Terms Apply
The ways in which you can use the App may also be controlled by the Google Play or Apple App Store's rules and policies and Google Play or Apple App Store 's rules and policies will apply instead of these terms where there are differences between the two.
If you want to learn more about the App or have any problems using it please take a look at our FAQs. The FAQs are available via the App or at www.teleeza.africa.
Contacting us. If you think the App or the Services have an issue or if you wish to contact us for any other reason please email our customer service team at support@teleeza.africa, info@teleeza.africa or call us on +254 706 122 122, +254 714 627 627.
Contacting you. If we have to contact you we will do so by email or using any alternative contact details you have provided to us.
You must be 18 or over to accept these terms.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will endeavour to give you at least 30 days’ notice of any change by sending you an email or in-App notification as appropriate with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you may not be permitted to continue to use the App and the Service.
We may update the App and the Service from time to time and may add, remove or change features of the App and the Service. We will endeavour to give you reasonable notice of any such changes.
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.
Collection of Technical Data About Your Device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR CONTENT FROM THIRD PARTIES
The App and Service WILL contain links to other independent websites which are not provided by us. Teleeza is all about aggregating content from the web and delivering it to you in a convenient way. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
You may change the App preferences at any time to ensure that you always receive the content you want.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that they may be required by a written law because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and;
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
You must:
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
All intellectual property rights in the App, the Documentation, and the Services throughout the world belong to us or our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
We shall not be liable in contract, tort or otherwise for any direct, indirect, or consequential loss or damage sustained by you or any third party as a result of your use.
Of the App and the Services, including but not limited to any loss or damage resulting from any defects, delays, interruptions, errors, inaccuracies, or failures in the App or the Services.
We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions. You are advised to always have anti-virus software installed on your phone or device at all times and to keep your phone and device firmware up-to-date.
The App is for domestic and private use. If you use the App for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The App and the Services are provided for general information and entertainment purposes only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties, or guarantees, whether express or implied, that such information is accurate, complete, or up-to-date.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
- You must stop all activities authorized by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We may transfer our rights and obligations under these terms to another person or entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms and conditions shall be governed in accordance with the laws of Kenya and its validity construction and effectiveness shall be governed and enforced pursuant to the substantive laws of Kenya. The parties agreed that all legal proceedings in connection with the enforcement, construction, interpretation, breach, or violation of this agreement shall be referred to arbitration by the Kenyan branch of the Chartered Institute of Arbitrators, in accordance with the provisions of the Arbitration Act, 1995, and or any other statutory modifications made thereto. The arbitration proceedings shall be done in Nairobi, Kenya.
These terms and conditions shall apply to the mobile money wallet services provided by the respective providers and contain the rights and obligations of those providers and Yourself as the customer (hereafter referred to as You) in relation to the use of the mobile wallet services, 'The service'. By subscribing to the My Wallets services, you hereby confirm your consent to these terms and conditions. The respective providers may change or modify this Agreement at any time, with at least seven (7) days notification. Any changes made to the fees and commissions shall be communicated to the customer at least seven (7) days before they take effect upon approval by Central Bank of Kenya (CBK) through the company's website or other official electronic channels (Email: support@teleeza.africa, info@teleeza.africa Website: www.teleeza.africa). Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to Teleeza’s website. You are fully responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Account holder: means an individual holding a Wallet account.
Wallet Account: Virtual mobile wallet account through which account holders can make payments transactions in and out of the wallet to purchase goods and services.
Teleeza App: The general Teleeza application that is used as a gateway to offer My Wallets services available in both Android and iOS version.
USSD: Unstructured Supplementary Service Data System.
PIN: Personal Identification Number used to access the Wallet.
Wallet: The holder of e-value equivalent to cash value.
Customer: Person in whose name the Wallet is held.
Third Party(ies): means a party without direct involvement in this agreement but may or may not provide ancillary services to those in this agreement.
2.1 The service is only available to My Wallets account holders. The respective providers, however, reserves the right to accept or decline any application for the service at its sole discretion. The service will only be provided through the infrastructures which Teleeza, at its sole discretion, may determine from time to time.
2.2 Through this account, you shall be able to pay for goods and services, save your coins, and have them redeemable in cash or services amongst other uses.
2.3. Payment for goods and services through the account shall be on a real-time basis with real-time financial transaction processing and real-time reports that are accessible on web and mobile platforms for monitoring of account transactions and for reconciliation purposes.
2.4 The customer agrees and undertakes to be bound by and to comply with all of the procedures as may be issued from time to time.
2.5 The Customer undertakes to notify respective My Wallets providers, through the provided means, immediately of theft or loss of the mobile phone/SIM card, any unauthorized access to the service, discontinuation of the telephony service with the specified mobile service provider. Respective Providers shall not be held liable for any losses resulting from the loss of the SIM card and/or mobile phone, howsoever caused.
2.6 The Respective providers shall not be held liable for the quality of the service of the mobile service providers and give no warranty with respect to the quality of service by the mobile service provider.
2.7 The Customer shall notify the respective providers of any changes in the mobile telephone number(s) address and any other information that may affect the ability to access the service. THe respective providers will not be held liable for sending information to your mobile telephone number as contained in our records at any given time.
3.1 Eligibility and Registration: To be eligible to use Wallet Services, you must be at least 18 years old.
3.2 Account creation: You shall be required to register for a Wallet Account. You hereby confirm that you are the owner of the account you are creating. The following information must be provided to Wallet before as you create your account; Name, Valid Identification Number, and your telephone/Mobile Number, and email address which is an optional requirement. The contact information provided shall be verified by Wallet itself or through other government agencies including but not limited to Integrated population registration system (IPRS) and e-citizen/Business registry upon which your Wallet account shall be opened upon authentication of the same. You hereby consent to this verification of your information. You shall also be required to provide details of your next of Kin. The customer's account shall be immediately activated immediately authentication is concluded.
3.3 PIN Access: Wallet will provide You with a Personal Identification Number (PIN) for use for the service. The customer must exercise all due care and attention to ensure the secrecy of the PIN and shall be solely responsible for its safety. The customer must also take all reasonable care to prevent any unauthorized or fraudulent use of the service. Wallet will not be held liable for any losses arising from unauthorized use of your PIN.
3.4 Topping up of My Wallet Accounts: Wallet account holders shall make deposits or top up their account via mobile money, bank channels, through physical respective provider's agents, other mobile wallets, and other methods as respective providers shall advise from time to time. This shall be subject to the transactional limits set from time to time.
3.5 Withdrawal from Account: Wallet account holders shall make withdrawals from their account via respective providers' agents. On the app: From the Dashboard, press the Withdraw button, and a dialog at the bottom of the screen will appear with an input field where you enter
3.6 Transfer to and from Account: Wallet account holders shall make transfers to and from their Wallet account via third-party mobile money providers, bank channels, and other methods as respective providers shall advise from time to time.
To Bank: From the App Dashboard, press the Transfer button, and a dialog at the bottom of the screen will appear, select Bank, then a list of all your banks will appear. Select the bank account that you want to transfer to. Enter the amount, then press the transfer button. A confirmation pop-up will appear, press okay, and the amount transferred will automatically be credited to your BANK account.
To other third-party mobile money service providers: From the App Dashboard, press the Transfer button, and a dialog at the bottom of the screen will appear, select mobile other, from the dropdown select the preferred mobile money service provider, enter the phone number, amount, then click transfer. A confirmation pop-up will appear, press okay, and the amount transferred will automatically be credited to your third-party mobile money service provider.
3.7 Top Up: Wallet account holders shall make top-ups to their account via respective providers agents, third-party mobile money service providers, bank channels, and other methods as respective providers shall advise from time to time.
On the app: From the Dashboard, press the top-up button, select the third-party mobile money provider, enter the amount to top up and the phone number. You will be redirected to your third-party mobile money provider to input the PIN and confirm. The amount deposited will automatically be credited to your Respective provider Mobile money account.
On USSD: On the SIM toolkit of your third-party mobile money provider, select Pay Bill, enter XXXX as the business number, enter your respective provider number as your account number, the amount to deposit, then enter your PIN and send. Your Wallet will be automatically credited with the amount you deposited.
3.8 Send Money: On the app: From Dashboard, press the send money button, and a dialog will appear at the bottom of the screen with a field to enter the phone number. Enter the number and the amount, then press send. A confirmation will appear with the name of the user to receive the Money, or it will say unregistered if the user is not registered. Press okay, and immediately the user will receive his/her money to their Wallet.
On the USSD The process is similar to the app, just dial *XXX#, then go to the send money menu, enter the phone number, and then the amount; enter your PIN and confirm the transaction subject to the transactional limits as approved by the Central Bank of Kenya.
3.9 Trust: Any money deposited in your Wallet e-account shall be held by duly authorized Independent Trustee.
3.10 Service Availability: The service will only be available in geographical regions where the chosen mobile phone service provider(s) provide(s) Respective My wallets providers infrastructure & connectivity. The customer undertakes to keep your SIM card and mobile phone safely and must not leave the mobile phone unattended or permit any person access to the mobile phone in such a manner that it may be used to access the mobile money service, whether with or without his/her consent.
4. Fees and charges
Respective Providers reserves the right to charge a fee for the provision of the service and for the use of all or part of the service. Such fees shall be notified to the customer through Respective Providers platforms, SRespective Providers' electronic channels, and websites. The Customer will be liable to pay any fees levied for the use of the service unless waiver of the same is communicated. By accepting these terms and conditions, the customer confirms acceptance to have applicable fees debited from their wallet account. These charges will be reflected in the wallet account statement. Respective Providers reserve the right to terminate this service in the event of failure to pay the fees levied for the provision of the service. Any changes in the charges will take effect after the Central Bank of Kenya (CBK) approval, and the new charges will be notified to the customers within Seven (7) days after obtaining the approval before they take effect. Such communication will be made through Respective Providers’ official electronic communication channels, official Messaging platforms, and Respective Providers’ official websites
5. Intellectual Property
All the intellectual property rights in the services pursuant to these terms and conditions shall be the sole property of Respective Providers. Any unauthorized service interruption or interference through your account shall lead to an automatic suspension.
6. Limitation of Liability
6.1 The Wallet mobile money e-wallet services are provided on an "as is" and "as available" basis. Respective Providers and its associated companies make no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service.
6.2 Respective Providers are not responsible for any damages, injury or economic loss arising from the use of the content or Service provided.
6.3 Save in the event of negligence, fraud or wilful misconduct, no Party shall be liable for any direct or indirect, incidental, special or consequential damages, including loss of profits, revenue, data, or use incurred by the others as a result of failure or interruption of the services to be provided under this Contract.
6.4 It is hereby agreed that the obligation to remit monies legally due and owing to the Wallet Account holder shall not be affected by the provisions of this Clause. You as the Customer shall bear all risk and consequences of the inability to send or comply with any instruction sent using the service due to errors in the transmission of his/her instructions.
6.5 Respective Providers shall not be held liable for the quality of the service of the third-party mobile money service provider and gives no warranty with respect to the quality of service by the third-party mobile money service provider or any other service disruption as a result of associated third-party service providers.
Respective Providers shall not be held liable where a Wallet account holder and/or merchant and/or agent inputs incorrect details and the payment transaction is made to the wrong recipient; incorrect transaction details are received; the transaction is suspicious or fraudulent resulting in losses to third parties; unforeseen circumstances and/or legal process or other encumbrances restrict and/or prevent the transfer and/or execution of the transaction despite reasonable precautions.
7. Force Majeure
7.1 Neither Yourself nor Respective Providers have responsibility or liability for any failure or delay in performance which results, directly or indirectly, in whole or in part, from any cause or circumstance beyond its control and/or reasonable contemplation, including, without limitation, acts of God, war, riots, civil disorders, fire, floods, hurricanes, typhoons, earthquakes, lightning, explosions, strikes, labour disputes, shortages of labour or materials, failure of public utilities or common carriers, epidemics, pandemics, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning.
7.1 Without limitation, any of the following: acts of God, all forms of civil commotion/disorder, fire, flood, explosion, earthquake, revolution, blockade, embargo, and undersea cable outage.
7.2 Failure of a Party to fulfill any of its obligations herein shall not be deemed to be a breach of, or default in, the performance of the Parties' contractual obligations herein insofar as such inability arises from an event of force majeure, provided that the Party so affected has taken all reasonable precautions, due care, and reasonable alternative measures, all with an intention to execute its obligations herein. A Party affected by an event of force majeure shall take all reasonable measures to remove such Party's inability to fulfill its obligations herein with minimal delay. A Party affected by an occurrence of an event of force majeure shall notify the other Parties of such event as soon as possible, but not later than seventy-two (72) hours following the first evidence of the nature and cause of such event, and shall similarly give notice to the other Parties upon the restoration of normal conditions. The Parties shall take all measures to minimize the consequences of any occurrence in force majeure.
7.3 The Parties may extend the time within which any task and/or obligation herein may be done by their mutual consent or in the event of force majeure, for a period equal to the time during which such Party was unable to perform the objects of this Agreement as a result of force majeure.
7.4 For the avoidance of any doubt, force majeure shall not include the following:
a) Any event which is caused by the negligence or intentional action of a Party, or its agents, personnel, or employees;
b) Any event in which a diligent party could reasonably have been expected to take both into consideration at the same time of the conclusion of this Agreement and avoid or overcome in the performance of its obligations herein; and
c) Insufficiency of funds or failure to make any payment required herein.
8.1 Respective Providers reserve the right to terminate this agreement where there is a breach of these terms and conditions.
8.2 The grounds for termination of the Agreement may, inter alia, be based on the following:
8.2.1 Breach by any Party of any of the obligations contained herein.
8.2.2 Corrupt, collusive or coercive practices
8.2.3 Fraud
8.2.4 Misrepresentation
8.2.5 Mistake, which for purposes of this contract means an erroneous belief, at account creation or upon carrying out a transaction, that certain facts are true.
8.2.6 Insolvency/bankruptcy
8.3 Upon breach of any of the obligations under this Agreement, Respective Providers shall automatically suspend your account pending investigations. Termination of your account may thereafter follow, following the outcome of the investigations. If capable of remedy, Respective Providers shall have a period of five (5) working days within which to notify You of a period within which You must rectify the said breach (which period shall be agreeable to You), failure of which the Agreement shall be terminated and Your account closed.
8.4 Upon expiry or termination of this Agreement, all rights and obligations accruing to the Parties herein shall cease.
8.5 You have the right to terminate your use of Wallet services by closing your account. You shall be required to withdraw or use up all amounts in your Wallet account prior to closing your Account.
8.6 Termination or closure of the account shall be subject to the following terms:
8.6.1 Such rights and obligations which may have accrued to either or all Parties prior to the date of expiry or termination.
8.6.2 Any right accruing to either Party by operation of law herein prescribed.
8.6.3 Rights and obligations relating to balances in a Wallet account and not remitted to the relevant party.
8.6.4 The parties shall ensure that by the end of the notice period, all collections are remitted to the relevant owner and that all accounts held are reconciled.
9. Dispute Resolution
In the event that a dispute arises between the Parties relating to this Agreement, the Parties shall resolve such dispute amicably between them within 30 (thirty) days of either Party sending a written notification to the other Parties of the existence of such dispute. If the Parties fail to resolve the dispute amicably within thirty (30) days, any party may refer the dispute for Arbitration to the Chairman of the Chartered Institute of Arbitrators, Kenya Chapter. Such arbitration shall be conducted in Nairobi, Kenya, in accordance with the Kenyan laws of Arbitration. The language of the Arbitration shall be English.
10. Privacy
10.1 Respective Providers may collect, retain, process, share, and transfer your personal data when you create an account, use our services, or visit our websites. Respective Providers warrant that it complies with the Data Protection Act No. 24 of 2019 and, in which regard, it will:
10.1.1 Process the Data collected only to enable the services provided under this contract and in accordance with the;
10.1.2 Maintain appropriate technical and organizational measures to protect against unauthorized or unlawful processing of the Data and against accidental loss or destruction of, or damage to, the Data;
10.1.3 Collect the data only for the purpose it is intended to provide the services and not disclose the Data to any third party without the prior written consent of the Client.
10.2 For purposes of our services, we shall collect personal data including but not limited to your name, postal/emails and residential address/financial records amongst others. We collect this information when you create an account with us or carry out a transaction on our platform. We may also collect personal data of persons to whom you may transfer money.
10.3 We retain personal data to enable us to provide and improve service quality, manage risk and fraud, as well as market and cross-sell our services to you. You consent to the marketing of our services. We may also use the information to provide specialized information purely geared to providing you with a good customer experience.
10.4 We shall notify you without undue delay upon becoming aware of a Personal Data Breach affecting your account, providing sufficient information to allow you to meet any reporting obligations under the Data Protection Laws.
10. Privacy
10.1 Respective Providers may collect, retain, process, share, and transfer your personal data when you create an account, use our services, or visit our websites. Respective Providers warrants that it complies with the Data Protection Act No. 24 of 2019 and, in which regard, it will:
10.1.1 Process the Data collected only to enable the services provided under this contract and in accordance with the;
10.1.2 Maintain appropriate technical and organizational measures to protect against unauthorized or unlawful processing of the Data and against accidental loss or destruction of, or damage to, the Data;
10.1.3 Collect the data only for the purpose it is intended to provide the services and not disclose the Data to any third party without the prior written consent of the Client.
10.2 For purposes of our services, we shall collect personal data including but not limited to your name, postal/emails and residential address/financial records amongst others. We collect this information when you create an account with us or carry out a transaction on our platform. We may also collect personal data of persons to whom you may transfer money.
10.3 We retain personal data to enable us to provide and improve service quality, manage risk and fraud, as well as market and cross-sell our services to you. You consent to the marketing of our services. We may also use the information to provide specialized information purely geared to providing you with a good customer experience.
10.4 We shall notify You without undue delay upon becoming aware of a Personal Data Breach affecting your account, providing sufficient information to allow you to meet any reporting obligations under the Data Protection Laws.
10.5 We shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any third party who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are
10.6. We shall promptly and in any event within five (5) business days of the date of cessation of any Services involving the Processing of Company Personal Data (“Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.
11. General Provisions
11.1 Drafting: The rule of construction that the Agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement shall not apply.
11.2 Dormant & Inactive Accounts: A Wallet account shall be considered inactive where no transaction has been made on the account for a period of six months since the last transaction on the account. A transaction means any log into the account, deposit, withdrawal, balance inquiry check. Where an account becomes inactive and the owners cannot be traced, then Respective Providers shall transfer the balance of the account to the Unclaimed Financial Assets Authority in accordance with the Unclaimed Financial Asset Act, 2011 and any other applicable legislation.
11.3 Anti-Money Laundering: Parties confirm that they shall comply with all laws relating to Know Your Customer and due diligence Guidelines as well as Anti-Money Laundering, combating financing of terrorism and economic crimes laws as stipulated in statutory law, regulations, and guidelines as shall be issued by the various regulatory bodies. Respective Providers have implemented various system enhancements that identification of suspicious transactions and activity on all Wallet accounts. Respective Providers shall have various due diligence requirements that a potential Account Holder shall have to meet to confirm the identity of the account holder. Customer Due Diligence shall mandate the collection of certain identity details at registration upon which a risk classification shall occur. Account holders may be subjected to further due diligence requirements. Further to this,
My Wallet accounts are subjected to durational screen checks based on the risk classification. Where an account holder’s transactions raise suspicion, the account shall be temporarily suspended to mitigate losses or prevent criminal activity. Upon conclusion of the investigation and criminal activity is confirmed, then Respective Providers shall close the offending account, and the activities shall be reported in compliance with the law. All suspicious activities shall be reported to the Central Bank and all final reporting institutions as required by law.
Deceased persons account: Death of an Account holder shall automatically terminate this agreement. Balances in a deceased person’s account shall be transferred to the Successor or Manager upon the production of letters of administration, a grant of probate, or a court order authorizing the person to manage the estate or any other document as may be prescribed by law.
11.4 No Warranty: services are provided “as is” and without any representation of warranty, whether express, implied, or statutory. Respective Providers, our affiliates, and the officers, directors, agents, joint ventures, employees, and suppliers of Respective Providers specifically disclaim any implied warranties of title, fitness for a particular purpose, and non-infringement. Respective Providers do not have any control over the products or services that are paid for with the Wallet Services, and Respective Providersy cannot ensure that a Seller/Supplier/Service Provider you are dealing with will actually complete the transaction or is authorized to do so or shall supply the goods or service. Respective Providers do not guarantee continuous, uninterrupted, or secure access to any part of the Wallet Services, and the operation of our site may be interfered with by numerous factors outside of our control. Whenever you experience any issue, kindly contact our Customer Service Centers for assistance. The prices for the various products and services offered by Respective Provider Agents are specified on the Respective Providers Website and are subject to change. It shall be your absolute duty to confirm details of the products you wish to pay for.
The Central Bank shall have full and unfettered Respective Providers discretion over the services, including the right to terminate this agreement.
You shall not assign, in whole or in part, its obligations to perform under this Contract. Teleeza and Respective Providers may assign this agreement subject to prior written approval of the Central Bank of Kenya to Respective Providers.
Daktari Mkononi Powered by Zuri Health
Use of the Sites
These Terms of Use govern your use of the Mobile Application and website with links to these Terms of Use (collectively "the Sites") and the Services referred to as Daktari Mkononi Powered by Zuri Health (Daktari Mkononi). Zuri Health Limited provides online health services enabling its members to access health information, engage healthcare professionals, and obtain healthcare services ("Services"). Please read the terms and conditions of this Agreement carefully before using our Services.
Additional Terms and Conditions: Some of the Services we offer may require additional terms and conditions specific to a particular Service. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.
Change of the Terms of Use: Zuri Health reserves the right, in its sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Please check this Agreement again on your next visit for any recent material changes, which may be highlighted.
Effective Date of Updated Terms: Any Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites and Services from that point henceforth.
THESE TERMS OF USE LIMIT DISPUTE RESOLUTION MECHANISMS TO THOSE PROVIDED HEREIN. BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. PLEASE SEE GOVERNING LAW AND DISPUTES.
Your Agreement to the Terms
BY CLICKING "I ACCEPT" OR OTHERWISE ACCESSING OR USING THE SITES OR ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking "I ACCEPT" or otherwise accessing or using any Services, you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity's behalf to be bound by these Terms, with the terms "you" and "your" applying to you, that entity, and other users accessing the Services on behalf of that entity. If you do not wish to be bound by any of these Terms of Use, you may not use the Sites or the Services.
Definitions
For purposes of these Terms of Use:
"Apps" refers to the Teleeza Mobile Application on Android, iOS, and Huawei and the Teleeza Website;
"Authorized Jurisdictions" means the names of the countries in which the Company may be authorized by Applicable Law to provide its services;
“Content” means text, graphics, images, and any other material entered, processed, contained on or accessed through the Sites, including Content created, modified, or submitted by HealthCare Professionals;
“Healthcare Professionals” means a duly qualified and licensed medical health care provider accepted to provide Healthcare Services on or through the Sites;
“PHI” means Patient Health Information;
“Services” means the Healthcare Services provided through the Sites;
“Virtual Consultation” means a consultation between a Healthcare Professional and a patient on the Sites.
Description of the Services
Zuri Health provides online Sites enabling its members to access health information, engage healthcare professionals, and obtain Medical/Healthcare Services available to its members within the Authorized Jurisdictions.
Respective ProvidersWhenever we use the words “your physician” or “your doctor” or “healthcare provider” or similar words on the Sites, including in these Terms of Use, we mean your personal doctor with whom you have an actual, mutually acknowledged doctor/healthcare provider-patient relationship. If you participate in Virtual Consultations on our Sites, you understand and agree that the Healthcare Professionals are not your primary care physician, and you agree not to use Daktari Mkononi as a substitute for interactions with your primary care physician or health insurance. You acknowledge that although some Content may be provided by healthcare professionals on the Sites, the provision of such Content does not constitute an opinion, medical advice, or diagnosis or treatment. We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on the Sites. Reliance
On Daktari Mkononi, Content or Services is solely at your own risk. Some Services and Content (including posts by Healthcare Professionals) may not be reviewed or certified by Zuri Health. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens have not been evaluated by the relevant Food and Drug Administration authority and is not intended to diagnose, treat, cure, or prevent any disease. Daktari Mkononi encourages Healthcare Professionals to use the Services responsibly. However, we have no control over, and cannot guarantee the availability of, any Healthcare Professional at any time. We will not be liable for cancelled or otherwise unfulfilled appointments, any injury or loss resulting therefrom, or for any other injury or loss resulting from or arising from, or related to, the use of the Sites or Services whatsoever.
Daktari Mkononi contents and Services are not for use in a potential or actual medical emergency. CALL 911, YOUR LOCAL EMERGENCY HOTLINE OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
Healthcare Professionals
The Healthcare Professionals who deliver Services through the Sites are independent professionals practising within a group of independently owned professional practices collectively known as “Healthcare Professionals”. Daktari Mkononi does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Zuri Health nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.
Users are advised to obtain further information relating to the Healthcare Professionals through their relevant professional licensing boards where necessary. ZURI HEALTH IS NOT RESPONSIBLE FOR VERIFYING THE MEDICAL QUALIFICATIONS OF THE HEALTHCARE PROFESSIONALS PERFORMING THE SERVICES ON THE SITES AND DOES NOT MAKE ANY REPRESENTATION OR GUARANTEES WITH RESPECT TO THEIR MEDICAL QUALIFICATIONS.
Your Use of the Sites and the Services
Zuri Health Sites are intended for personal use only. You may only use the Sites in compliance with this Agreement and all applicable laws and regulations. In connection with using the Sites and the Services, you understand that You are responsible for choosing your own Healthcare Provider, including without limitation, determining whether the applicable healthcare provider is suitable for your healthcare needs based on speciality, experience, qualification, licenses and other important facts and circumstances that could impact your care.
In order to accept this Agreement and to use the Services, you must be at least 18 years of age (“Minimum Age“). The Services are not intended for users under the Minimum Age. A parent or legal guardian may set up an account to help manage a child’s care. Parents or guardians must agree to:
Your User Account
Registration: You must complete the registration process by providing the Company with the information as prompted by the applicable registration form. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date.
All times. You will also choose a username and password. Please do not choose a username and email address that is indecent or offensive, or otherwise violates this Agreement or any applicable laws or regulations.
Responsibility for Account: You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
Sharing: You may have the ability to share your Content with anyone of your choosing. If you decide to share your Content, we will send the recipient instructions for how to access your Content. You understand and agree that you decide with whom to share your Content and that you will have no remedies against us for how any recipient uses, shares, or otherwise processes your Content. You agree and authorize us to share your Content with whomever you have selected.
Liability for Account Misuse: The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
Use of Other Accounts: You may not use anyone else’s account at any time, without the permission of the account holder.
Risk: You agree that you will evaluate and bear all risks related to the use, or any activities associated with, any of your Content. The results of any actions you take based on your Content are solely your responsibility. Under no circumstances will we be liable in any way for your Content or for any loss or damage of any kind incurred as a result of the use of any of your Content made available on or through the Service. We make no representations or warranties that your Content will be available to you when you need it.
or that we will retain your Content for any specified period of time. You agree that you will have no remedy against us for incomplete, inaccurate, or missing Content.
Account Security: The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you elect to access any paid component of the Services, you agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable {statutory or local} taxes. All such fees and charges (including any taxes applicable) will be charged to the payment method you provide.
By providing the Company with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your account for all fees and charges due and payable hereunder and that no additional notice or consent is required. If your health plan, employer or agency has made arrangements with Zuri Health to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Zuri Health, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
If you do not have insurance coverage for the Services, or if your cover is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Zuri Health offers no guarantee that you will be reimbursed. Zuri Health reserves the right to modify or implement a new pricing structure at any time prior to.
billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payors would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance unless we notify you in writing that a shorter cancellation window applies.
Use of the Services may involve the transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. The Company assumes no liability or responsibility for the payment of any charges you may incur.
Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), Zuri Health hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Services through the certified applications or intended methods that Zuri Health or its licensed partners make available to you. Any access or use of our Services through an application, service, or method provided by a party other than Zuri Health or one of its licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by Zuri Health in writing, is strictly prohibited and a violation of this Agreement. Zuri Health may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
You agree to use the Zuri Health Sites and the Daktari Mkononi Services only in accordance with the terms and conditions of this Agreement, as well as any and all applicable laws and regulations. While using the Services, you will not:
Furthermore, you will not:
You agree that you will not:
Zuri Health may terminate or suspend your account and your access at any time without notice, including without limitation in response to a suspected violation of any of the foregoing prohibitions.
The Zuri Health privacy policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you acknowledge that you have read, understood, and agreed to the terms of our privacy policy, and you consent to the use of your data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact support@zurihealth.com; info@zurihealth.com.
While using the Services, you agree to comply with all posted policies as we may update them from time to time. We may suspend or stop providing you with access to the services if you fail to comply with any policy.
Zuri Health encourages contributions to its Site. You may submit service descriptions, comments, postings, advice, and recommendations through the features available on the Sites (collectively "User Generated Content"). You are solely responsible for any User Generated Content produced or provided by you, and you hereby agree not to provide.
You agree that you will not provide any information that you know or reasonably should know to be false or materially misleading, libelous, defamatory, obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations.
By providing User Generated Content to Zuri Health, you grant Zuri Health a perpetual, non-exclusive, royalty-free license to use such content in association with the provision of its Services and the Sites.
Zuri Health reserves the right, in its sole discretion, to reject, refuse to publish, or remove any User Generated Content.
Zuri Health is not responsible for and does not endorse statements, comments, or other information contained in User Generated Content provided by other users, and any reliance by you on such information will be at your sole risk. User-Generated Content provided by you or other users may contain links to other websites. Zuri Health does not monitor or verify in any way the content of any websites linked to the Sites and is not responsible for the accuracy of such content or for any of the opinions expressed therein. Inclusion of any linked website on the Sites does not imply approval or endorsement of the linked website by Zuri Health. When you access these third-party sites, you do so at your own risk.
The Company is the exclusive owner of the Sites and the Services (including revisions, modifications, and enhancements thereto). All rights, title, and interest, including, but not limited to, intellectual property rights, in and to Zuri Health’s Sites, the Services, the Software, and the Sites’ Content, remain the exclusive property of the Company and its licensors where applicable. Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell.
You will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Zuri Health Sites, the Services, the Software, or the Site’s Content.
The Zuri Health name, logo, and the product names associated with the Services are trademarks of the Company, our affiliated companies, or other third parties, and we do not grant any right or license to you to use them. Any logo, trademark, service mark, domain name, or trade name appearing on or within the Services, whether registered or not, are the property of the Company or their respective owners. You may not use any of the foregoing without our express permission.
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device (“Mobile Device”). You understand that your mobile provider may charge you fees for your use of its network connection while accessing or using the Services, for data downloading, e-mail, text messages, roaming, and other mobile provider or third-party charges. You understand that the Services are provided over the Internet and mobile networks, so the quality and availability of the Services may be affected by factors outside our control. We do not guarantee that the Services will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Services are unavailable or if you cannot download or access the Services or Content, for any compatibility or interoperability issues, or for any communication system failure which may result in the app being unavailable.
From time to time, we may send you communications to the email address associated with your account. These communications may include but are not limited to, tips and recommendations, special offers, and other account-related or transactional messages.
Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive SMS communications and push notifications in connection with those applications and the Services. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Zuri Health. You may modify your communication preferences at any time within the Settings section of our website or applications. You may not opt out of receiving account-related or transactional communications.
Zuri Health makes the Services available in Kenya, Nigeria, Ghana, Zambia, Senegal, Mozambique, Tanzania, Uganda, and its territories (each, an "Authorized Jurisdiction") and collectively, the "Authorized Jurisdictions". We may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the Services outside of the Authorized Jurisdictions is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action.
You agree to defend (at our option), hold harmless, and indemnify the Company, their professionals, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers from and against all (including reasonable attorney’s fees) third-party claims and all liabilities, assessments, losses, costs, damages, or settlements resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
We provide the Service "as is" and we make no representations or warranties, whether express or implied, regarding its use or that the Services will be error-free. To the maximum extent allowed under applicable law, we make no representations or warranties of merchantability or fitness for a particular purpose, or that the use of the Services or any information relating thereto or contained therein will not infringe any intellectual property rights of any third person. We make no representations concerning the suitability, performance, completeness, accuracy, or operation of the Services. We will not assume any liability that may arise out of your use or possession of the Services. You expressly agree that your use of, or inability to use, the Services or any Content, data, or other information found in the Services is at your sole risk. Your sole and exclusive remedy for dissatisfaction with the Services will be to discontinue your use of the Services.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS PROFESSIONALS, OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
The Company may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
We may suspend, disable, or close your account or otherwise stop providing the Services to you in whole or in part at any time and for any reason. We will make reasonable attempts to notify you through the email address or phone number you used to register your account if we ever have a need to suspend, disable, or close your account. We will have no liability to you or any third party if we suspend, disable, or close your account. You will not be able to access any Content or the Services once your access has been suspended or terminated or if the Services have been shut down.
You may deactivate your Account and end your registration at any time using the deactivation procedure provided on the Sites. At the time of such deactivation, you are solely responsible for obtaining any Content or Patient Health Information you may have submitted, or which has been stored on the Sites for your future use. Subject to applicable law, the Company reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, Zuri Health will have no further obligation to provide the Services to you. All Sections shall survive any termination or expiration of these Terms of Use.
(a) Governing Law. This Terms of Use, including all claims relating to or arising hereof or breach thereof, whether in contract, tort, or otherwise, will be governed and construed in accordance with the laws of Kenya.
(b) Right to seek court relief. If the Company reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
(c) Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Terms of Use or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username if your dispute relates to an account). You will give us twenty-one (21) days from the date of submitting your written description to us within which to resolve the dispute to your reasonable satisfaction. If Zuri Health does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.
(d) Arbitration Agreement. Any claims by Zuri Health or claims by you that are not resolved by the Informal Resolution procedure described in clause (c) above, arising out of, relating to, or connected with this Terms of Use, must be asserted individually in binding arbitration administered by the Chartered Institute of Arbitrators (Kenyan Chapter) in accordance with its Commercial Arbitration Rules for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). The Kenyan Arbitration Laws will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator will have
(a) Exclusive authority to resolve disputes. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Terms of Use, including any claim that all or any part of this Terms of Use is void or voidable.
(b) Limitations of the arbitrator's powers. The arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals. You hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceedings against us or related third parties arising out of, relating to, or connected with this Terms of Use.
(c) Confidentiality of arbitration proceedings. The arbitration proceedings and the outcome thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party. However, either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this clause for use as persuasive authority in other proceedings brought pursuant to this clause.
(d) Superseding prior agreements. These Terms of Use supersede all prior agreements concerning the subject matter herein.
(e) Invalid provisions. If any provision in this Terms of Use is deemed invalid by a court with competent jurisdiction or by an arbitrator having conduct of such matter, such provision or portion thereof will be deemed omitted.
(f) Waiver and enforcement. No term or provision in this Agreement will be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by us. Our waiver or failure to exercise in any respect any right provided herein will not be deemed a waiver of any further right hereunder.