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Terms and Conditions of the Safaricom SEMENI service

  1. The following terms and conditions apply to the Safaricom SEMENI Service ("the Service"). By accessing and using the Service you will be deemed to have read, understood and accepted the terms and conditions below.
  2. These terms and conditions are in addition to and supplemental to Safaricom's post paid and pre-paid terms and conditions as amended from time to time.
  3. To make your reading of these terms and conditions easier the words below will have the following meaning:
      :
    1. "Your Equipment" means your device used to access the Service;
    2. "Network" means the cellular network operated by Safaricom;
    3. "Offending Material" means any content transmitted using the Service that is:
      1. In breach of any law, regulation or code of practice invoked by Safaricom, industry regulator or any other competent authority or any policy adopted by Safaricom with regard to the acceptable use of the Services, or
      2. Abusive, indecent, defamatory, obscene, offensive or menacing (or that has the effect (as may be contemplated by a reasonable person) of causing the recipient to feel so harassed, abused or offended; or
      3. Designed to cause annoyance, inconvenience or needless anxiety to any person; or
      4. In breach of confidence, intellectual property rights, privacy or any right of a third party.
  4. The headings we have inserted for the various clauses are for convenience only. In the event that interpretation of this terms and conditions is required then they shall be ignored.

DESCRIPTION OF THE SERVICE

  1. The Service
    SEMENI is a group messaging service AVAILABLE ONLY TO SAFARICOM SUBSCRIBERS that offers you the ability to exchange messages amongst members of groups.
  2. Access
    1. In order to access the Service you will need to be a member of a group.
    2. A group for the purpose of the Service comprises of a minimum of four (4) members and a maximum of ten (10) or such other perimeters as may be communicated by Safaricom from time to time. You can belong to as many as ten (10) groups or other such perimeters as may be communicated by Safaricom from time to time.
    3. To form or join a group you will need to follow the enrolment procedure advertised by Safaricom from time to time. You will be able to view the enrolment and other instructions on how to use this Service from the Safaricom website www.safaricom.com/semeni, or on www.semeni.co.ke website, by dialling *184# or by calling Safaricom Customer Care.
  3. Restrictions on your accessing the Service
    You will be unable to use the Service if:
    1. You are a prepaid subscriber whose account has insufficient credit or gone into expiry status;
    2. You are a post-paid subscriber and your account has been auto barred or suspended due to non-payment of outstanding mobile phone bills;
    3. Your use of the Service has otherwise been suspended or terminated for failing to comply with these terms and conditions or the terms and conditions of Safaricom's prepaid and post-paid services.
  4. Cost
    1. SMS messages sent to members of your group will be charged at such rate as may be advertised by Safaricom from time to time. Please note that you will not be able to use free SMS redeemed as part of the Safaricom Loyalty Scheme ("Bonga") to send SMS on this Service.
    2. Depending on the roaming arrangements entered into by Safaricom with foreign operators you may be able to use the Service whilst in roaming status (this includes when you have migrated to the Safari tariff or roaming on the East Africa Tariff ("Kama Kawaida"). Your use of the Service while roaming will however incur additional charges for all incoming and outgoing SMS

YOUR CONDUCT

You agree that you will:
  1. Not use the Service:
    1. To transmit any advertising, promotional or other materials that may be deemed to constitute "spam" or
    2. To transmit any virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; or
    3. For storing, reproducing, transmitting, communicating or receiving any Offending Material; or
    4. Fraudulently or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
    5. Contrary to any other instructions that may be communicated by Safaricom from time to time;
    6. In a manner which is inconsistent with a reasonable customer's good faith use of the Service or the Network.
  2. Not assume the identity of any individual other than yourself.

QUALITY OF SERVICE

  1. Availability
    Although we will take all reasonable steps to ensure that the Service is available to you at all times, we cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network, and even your Equipment may interfere adversely with the quality and provision of the Service.
  2. Confidentiality
    1. The confidentiality of your communications viaour Network is not guaranteed.  You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient.  We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality;
    2. You accept that we may disclose and/or receive and/or record any details of your use of the Services including but not limited to your, SMS's, data, your personal information or documents obtained from you for the purposes below:
      1. Fraud prevention and law enforcement;
      2. For reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities;
      3. To comply with any legal, governmental or regulatory requirement;
      4. For use by our lawyers in connection with any legal proceedings;
      5. In business practices including but not limited to quality control, training and ensuring effective systems operation.
  3. Suspension, termination and variation of the Service
    We may in our sole discretion suspend, terminate or vary the Service without compensation for any period during which:
    1. We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
    2. We reasonably suspect or believe that you or any member of your group are in breach of these terms and conditions.
    3. Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
    4. Safaricom suspends or terminates the provision of the Services for its commercial reasons.

LIMITATION and exclusion OF LIABILITY

You agree that the following exclusions of liability are reasonable.

Safaricom, its officers, employees, agents and partners will not be liable to you or any member of your group for:

  1. Any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption of data or other costs arising out of or in connection with this Agreement in contract or tort or otherwise for any loss including as a consequence of a failure or delay in availability of the Network notwithstanding Safaricom's awareness of the possibility of you incurring the same;
  2. Any losses arising in connection with (i) force majeure events or other circumstances outside our control or outside our knowledge including industrial disputes, terrorist or enemy action, or (ii) any unforeseeable acts or omissions or negligent acts on the part any third party service provider.
  3. The, loss, late receipt or non-readability of any download, transmission, or other communications.
  4. For any damage to or loss of information on your Equipment in the event that unwanted programs or material, Trojan horses, worms or viruses are transmitted to your Equipment as a consequence of using the Service. You will be required to take reasonable precautions while sending and receiving SMS.
  5. Any losses caused as a result or while you are roaming resulting from a failure of the network of the foreign operator.

VARIATIONS

  1. Safaricom reserves the right to withdraw the Service either generally or in respect of any particular Customer at any time and to vary these terms and conditions at any time by placing the revised terms and conditions on its website www.safaricom.com/semeni, www.safaricom.co.ke or www.semeni.co.ke. You will be deemed to have been bound by such variation by continuing to use the Service.
  2. You should periodically check the website www.safaricom.com/semeni, www.safaricom.co.ke or www.semeni.co.ke to make yourself aware of any variations.