Terms & Conditions

Customer Service

Welcome to our terms and conditions page.

Your use of the wamu.co.ke website or www.wamu.co.ke, services and tools are governed by the following terms and conditions as applicable to wamu.co.ke. If you transact on wamu.co.ke, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Wamupay Limited, a company incorporated under Companies Act, 2015 Nairobi, Kenya. These terms and conditions constitute your binding obligations.

For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User.

When you use any of the services provided by wamu.co.ke, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Wamupay Limited on behalf of wamu.co.ke reserves the right, at its sole discretion, modify, add or remove portions of these Terms of Use, at any time. It is the responsibility of the user to check these Terms of Use periodically for changes. The continued use of the site and its services after the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, wamu.co.ke grants you a personal, non-transferable, limited privilege to access and use the Site.

Eligibility to Register

Use of the wamu.co.ke Website is available only to persons allowed under the Kenya laws. If you are a minor i.e. under the age of 18 years, you are not allowed to register as a member of wamu.co.ke and shall not transact or use wamu.co.ke website. If you are a minor and still wish to access the services provided by wamu.co.ke, such use should be done by your legal guardian or parents who have registered as users of wamu.co.ke. wamu.co.ke reserves the right to terminate your membership on the site and refuse to provide you with access to wamu.co.ke if it is brought to company’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use wamu.co.ke, you shall be responsible for maintaining the confidentiality of your personal information, Password and any other access credential set as may be required and you shall be responsible for all activities that occur under your access credentials. You agree that you will provide information that is true, accurate, current and complete on the site in accordance with the Terms of Use. wamu.co.ke has the right to indefinitely suspend or terminate or block access of your membership with wamu.co.ke including access to the Website.

Communications

When you send emails to wamu.co.ke, you agree and understand that you are communicating with wamu.co.ke through electronic records and you consent to receive communications via electronic records from wamu.co.ke periodically. wamu.co.ke may communicate with You by email or by such other mode of communication outlined in the site.

Charges

Membership on wamu.co.ke is free. wamu.co.ke does not charge any fee for browsing and purchases on on th site. However, wamu.co.ke reserves the right to change its policies from time to time. In particular, wamu.co.ke may at its sole discretion introduce new services and modify some or all of the existing services offered on the site. Wamu.co.ke may for instance introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on wamu.co.ke. Unless otherwise stated, all fees will be in Kenya Shilling (KSH).

Using wamu.co.ke site

You shall not attempt to gain unauthorized access to any portion or feature of wamu.co.ke website, or any other systems or networks connected to the Website or it's server, computer, network, or to any of the services offered on or through wamu.co.ke Website, by hacking, password “mining” or any other illegitimate means.
(ad)You shall not probe, scan or test the vulnerability of wamu.co.ke website or any network connected to wamu.co.ke website nor breach the security or authentication measures on wamu.co.ke website or any network connected to wamu.co.ke Website.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to wamu.co.ke Website, .
(af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of wamu.co.ke Website or wamu.co.ke’s systems or networks, or any systems or networks connected to wamu.co.ke.
(ah)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to wamu.co.ke on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(ai)You may not use wamu.co.ke or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of wamu.co.ke.

Content posted on the site

Please be advised that any Content posted does not necessarily reflect the views of wamu.co.ke. In no event shall wamu.co.ke assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on wamu.co.ke. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Other Businesses

Wamu.co.ke does not take responsibility or liability for the actions, products, content and services on wamu.co.ke website, which are linked to Affiliates and / or third party websites using wamu.co.ke APIs or otherwise. In addition, wamu.co.ke may provide links to the third party websites of affiliated companies and certain other businesses for which, wamu.co.ke assumes no responsibility for examining or evaluating the products and services offered by them. wamu.co.ke does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). wamu.co.ke does not in any way endorse any third party website(s) or content thereof

Links

wamu.co.ke welcomes links to this site. You may establish a hypertext link to wamu.co.ke website, provided that the link does not state or imply any sponsorship or endorsement of your site by wamu.co.ke. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on wamu.co.ke, logos or characters, without the written consent of wamu.co.ke.

User Declaration

1.   You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
2.   You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Disclaimer Of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on wamu.co.ke on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, wamu.co.ke does not warrant that:
•  This website will be constantly available, or available at all; or
•  The information on this website is complete, true, accurate or non-misleading.

Nothing on wamu.co.ke constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number while placing an order on wamu.co.ke. By registering your phone number with us, you consent to be contacted by wamu.co.ke via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. wamu.co.ke will not use your personal information to initiate any promotional phone calls or SMS'.

Warranties, Exclusions And Limitation Of Liability

Unless expressly given in writing, wamu does not make any representations nor give warranties or guarantees of any nature whatsoever whether express or implied in respect of merchants and their goods and services once you initiate communication with a merchant privately off wamu’s website.

Wamu shall not be liable to you or any third party for any loss, fraud or damage which you or such third party may suffer or incur as a consequence of initiating the transaction irrespective of whether such loss or damage is direct, special, incidental, consequential or otherwise unless such loss is directly attributed to the fraudulent intent of Wamu.

Notwithstanding any other provisions of this agreement, Wamu’s liability to you and or any third party for any loss or damages of any nature whatsoever, including without limitation any damage or loss specifically proven by a competent court to be caused by Wamu shall in any event and under all circumstances be limited to the cost of the goods transacted.

Services


  • Payment
  • While availing any of the payment method/s offered at Wamu, wamu.co.ke will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
    1.    Lack of authorization for any transaction/s, or
    2.    Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
    3.     Any payment issues arising out of the transaction, or
    All payments made against the purchases/services on wamu.co.ke by you shall be compulsorily in Kenya Shilling (KSH) acceptable by the Central Bank of Kenya. wamu.co.ke does not accept any other form of currency with respect to the purchases made on wamu.co.ke.

  • Trademark, Copyright and Restriction
  • This site is controlled and operated by wamu.co.ke. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on wamu.co.ke web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.

  • Copyright complaint
  • We at wamu.co.ke respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at support@wamu.co.ke.

  • Risk of loss
  • All items purchased from wamu.co.ke are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with wamu.co.ke until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.

  • Product and Service Description
  • wamu.co.ke tries to be as accurate as possible. However, wamu.co.ke does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on wamu.co.ke itself is not as described, your sole remedy is to return it in unused condition.

  • Pricing/Typographical error
  • If wamu.co.ke comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, wamu.co.ke shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

  • Cancellation of order
  • wamu.co.ke reserves the right to cancel any order without any explanation for doing so, under situation where wamu.co.ke is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the wamu.co.ke policy or for any reason. However, wamu.co.ke will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

  • Termination of Service
  • wamu.co.ke reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications .You hereby consent that wamu.co.ke will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.

  • Limitation of Liability
  • In no event shall wamu.co.ke be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if wamu.co.ke has been informed in advance of the possibility of such damages.
    wamu.co.ke’s aggregate liability to you, any individual or any third party in any matter arising herefrom, related or connected to our goods and servces is at wamu.co.ke’s sole discretion.