Terms and Conditions

wiGO Pay Network Terms and Conditions

  1. GOVERNING LAW AND SETTLEMENT OF DISPUTES
    • This Agreement and all matters regarding its interpretation and / or enforcement shall be governed and construed in accordance with the laws of Kenya.
    • If any dispute arises out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, performance, non-performance or cancellation, expiration and termination (hereinafter referred to as a “Dispute”), the following procedures will apply:
  2. AMICABLE DISCUSSIONS
    • The Parties will endeavor to first settle a Dispute by amicable discussions over a minimum period of fifteen (15) Business Days from the date of receipt of the letter (sent with acknowledgement of receipt) by either party and notifying the existence of a Dispute (“the Dispute Notification”).
  3. CONTINUANCE OF PERFORMANCE
    • Throughout the duration of a Dispute or throughout the entire length of the legal proceedings relating to the said Dispute, each Party will continue to comply with its obligations arising by virtue of this Agreement.
  4. ARBITRATION
    • If an amicable settlement cannot be reached within thirty (30) business days from the date of the Dispute Notification, the Dispute shall be finally settled under the Rules of Arbitration of the Chartered Institute of Arbitrators, Kenya Branch by one arbitrator appointed in accordance with said Rules. The seat, or legal place, of arbitration shall be Nairobi, Kenya. The language to be used in the arbitral proceedings shall be English.
    • Notwithstanding anything to the contrary contained in clause 8.1, neither party shall be precluded from obtaining interim injunctive or similar relief from a court of competent jurisdiction. However, the route of arbitration shall have been attempted first and seen to fail before the aggrieved party can seek legal redress in a court of competent jurisdiction.
    • Provided either party may elect to terminate this Agreement prior to settlement of the Dispute or conclusion of the legal proceedings relating to the Dispute.
  5. FORCE MAJEURE
    • Definition of Force Majeure
    • For the purposes of this Agreement, “Force Majeure” means an event which could not reasonably have been avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
  6. Negligence and intentional acts
    • Force Majeure shall not include any event which is caused by the negligence or intentional action of a Party or such Party’s subcontractors or agents or employees, or by a failure to observe good professional practice.
  7. Financial constraints
    • Force Majeure shall not include insufficiency of funds or willful failure to make any payment required herein.
  8. Performance excused
    • The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms of this Agreement.
  9. Duty to mitigate
    • A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay.  The Parties shall take all reasonable measures to minimize the consequence of any event of Force Majeure. Both parties acknowledge that the Service is not fault free and the quality and availability of the Service may be affected by factors outside the control of Luxil Ltd, such as local geographic or physical obstructions, atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which Luxil Ltd is connected or dependent.
    • The Service may also from time to time require upgrading, modification, maintenance or other works that may also result in the Service or any part thereof becoming temporarily unavailable. Luxil Ltd however undertakes to act on such interferences promptly. The aforementioned notwithstanding, Luxil Ltd shall maintain continuity of business and contingency plans to reasonable satisfaction.
  10. Notification
    1. A Party affected by an event of Force Majeure shall notify the other party in writing of such event within 48 hours or as soon as is practically possible but in any event not later than three (3) days of the occurrence of such an event, and in any event not later than seven (7) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
  11. Consultation and Termination
    1. Not later than fourteen (14) days after the Transaction Processor, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. If no solution is arrived at within the stipulated period, Luxil Ltd shall be entitled (but not obliged) to terminate this Agreement forthwith by written notice and the provisions of clause 10 on Termination shall apply.
  12. SERVICE LEVEL RESPONSE TIMES
    1. In the event of a service outage or a request for assistance, wiGO Pay will acknowledge receipt of this communication immediately it is received and will endeavor to solve the problem within 30 minutes of the acknowledgement and in consultation with other stakeholders, namely the mobile services providers.
      Response Times will be: 7am7pm MondayFriday; 8am4pm Saturdays, Sundays & Public Holidays: wiGO Pay support staff will be available via text/ sms ONLY on 0702-918033
  13. NOTICES
    1. The Parties select as their respective addresses, the addresses set out below for all purposes arising out of or in connection with this Agreement at which addresses only all processes and notices arising out of or in connection with this Agreement may validly be served upon or delivered by the Parties.

 

TERMS & CONDITIONS FOR NETWORK MARKETING

  1. NETWORK PROGRAM
    By subscribing to the service and making payment a member is agreeing that they have read and understand the terms and conditions of this agreement and that they agree to be legally responsible for each and every term and condition.
  2. REFERRAL MEMBERS
    • A Referral member is an individual who has registered and paid for the wiGO Pay Network on USSD/ Mobile Application or web, invites/refers at least one other individual to register and use the service.
    • Each member is an independent member of the program and not an employee. Nothing herein is intended to create an employer/employee relationship.
    • Each affiliate member receives a unique invite code which they can share with members of the public.
  3. REFERRAL COMMISSIONS
    • A member only gets to receive their commissions once they invite another individual to register and use the service or make a purchase on the wiGO pay platform.
    • The affiliate commissions vary from product, service or opportunity.
    • wiGO Pay reserves the right to generate and change the rate and percentage at which the commissions will be paid to the members, without prior consultation or consent of the members
  4. INCOME TAX LIABILITIES
    • Each member acts as an independent person and as such is responsible for any or all income taxes and any other tax liabilities that affect or concern the marketing & sales of the products or services, in the Republic of Kenya.
  5. COMMISSIONS
    • The members commissions are paid & reflect in real-time on the wiGO Pay application platform.
    • wiGO Pay shall determine the mandatory requirements for withdrawals from time to time.
    • wiGO Pay is not responsible for paying interest to members for accrued but not yet withdrawn commission payments.
    • All commissions are paid and can be withdrawn by the members in Kenyan Shillings through means that shall be determined by wiGO Pay from time to time.
    • Withdrawal costs apply.
  6. UNPROFESSIONAL CONDUCT
    wiGO Pay and their associated companies operate with the strictest codes of professional conduct. Any member who brings wiGO Pay or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, sexism or unfair business practices, will have their membership status cancelled and any outstanding commissions will be forfeited.wiGO Pay reserves the right to reject any members application if, in wiGO Pays’ opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person that promotes any form of violence, illegal activities, or from applicants who wiGO Pay prefers not to be associated with.
  7. TERM & TERMINATION
    • This agreement will begin upon registration and payment a non-refundable registration fee to wiGO Pay and will end when either the member or wiGO Pay terminates their membership status.
    • A member may terminate this agreement at any time, and for any reason, by writing wiGO Pay at the email address listed on the website. The termination shall be effected after verification of the said termination request.
    • The member may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
    • wiGO Pay may also terminate this agreement at any time, and for any reason, by writing to the member through details on the members profile within 14 days.
    • wiGO Pay may transfer this agreement to any party whatsoever, at any time, and without prejudice to member. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and member shall forfeit all right to any commissions then due.
  8.  RIGHTS TO MODIFY AGREEMENT
    • wiGO Pay, and its associated companies may, in good faith, modify any of this agreement and/or the Terms and Conditions (including the member Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website.
    • These changes will come into force immediately upon posting. The members continued participation in the program following the said posting of a change notice or new agreement shall constitute binding acceptance by the members of the change.
    • If any modification to this agreement is not acceptable to the member, the members only recourse is to terminate this agreement.
  9.  NO MISUSE
    It is understood that any individual that uses the wiGO Pay system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of wiGO Pay.
    It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the member will be immediately terminated and any sums paid and any sums payable as and for commissions will be withheld.
    All members further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by wiGO Pay, or its associates due to such action.
  10. AS-IS ONLY
    • wiGO Pay, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of wiGO Pay website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences.
  11. FEES
    • Members shall be charged a registration fee which may be reviewed by wiGO Pay from time to time.
  12. ELECTRONIC COMMUNICATIONS & EMAIL
    • wiGO Pay requires a members Name, primary phone number and National Identification number be listed in members Profile.
    • wiGO Pay will communicate with by email, call, and sms or by posting notices on its website. Member agrees that all agreements, notices, disclosures and other communications that wiGO Pay provides to members electronically, satisfy any legal requirement.
    • As an member, you must continually have a valid mobile phone number on file with wiGO Pay or we reserve the right to terminate your participation immediately, without payment of any commission due.
  13. MEMBER ACCESS CODE/ PASSWORD
    • A member is responsible for maintaining the secrecy and security of their account access codes and password. Members agree to hold wiGO Pay harmless in the event that any such information is shared by them with any other person or entity whatsoever.
    • Any transaction validated with a members access code and password is deemed to be duly authorized by the member.
  14. NO PREDATORY ADVERTISING
    • All members agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of wiGO Pay, and shall include, but not be limited to, creation by an member of any social media platform on behalf of wiGO Pay, without prior consent, distribution of audio, pictures or video recordings  about wiGO Pay. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.
  15. LIABILITY
    • wiGO Pay will not be liable for indirect or accidental damages (loss of revenue, commissions) due to system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature.
    • wiGO Pay makes no claim that the operation of the websites or wiGO Pay network will be error-free nor will wiGO Pay be held liable for any interruptions or errors.
  16. MISCELLANEOUS PROVISIONS
    • If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No member may assign or sublicense this agreement.
    • If the foregoing limitations or the limitations within the terms and conditions are held to be unenforceable, wiGO Pay shall not be held liable for damages under this agreement to any person or entity.
    • To the extent you have in any manner violated or threatened to violate wiGO Pay’s intellectual property rights, wiGO Pay may seek injunctive or other appropriate relief in any court located in THE REPUBLIC OF KENYA and you consent to exclusive jurisdiction and venue in such courts.
    • Members agree that no joint venture, partnership, employment, or agency relationship exists between them and wiGO Pay as a result of this agreement or use of the products, and/or services. wiGO Pays performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of wiGO Pay’s right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
    • This Agreement shall be governed and construed in accordance with the laws of You agree that any legal action or proceeding between wiGO Pay and members for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon mediator.
    • Any cause of action or claim you may have with respect to the wiGO Pay’s application program, the products, the services, etc, must be commenced within thirty (30) days after the claim or cause of action arises or such claim or cause of action is barred. wiGO Pay’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. wiGO Pay may assign its rights and duties under this agreement to any party at any time without notice to the member. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
    • wiGO Pay may modify this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
    • wiGO Pay may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of wiGO Pay to transfer any such rights or responsibilities. Any transfer by wiGO Pay shall cause this agreement, and any other agreement then in effect (as well as any other contract between member and the transferring party) to transfer simultaneously, all without permission.
    • Any rights not expressly granted herein are reserved.