Terms & Conditions and Privacy Policy
GLOBAL DUKA - TERMS AND CONDITIONS
INTRODUCTION These Terms and Conditions (the “Terms”) and our Privacy Policy apply to and govern your use of Global Duka Mobile Application and/or Website (collectively referred to as the “Platform”). Please note, by using the Platform, you are accepting to be bound by our terms and conditions as well as our Privacy Policy, whether or not you create an account or shop with us. If you do not accept to be bound by these Terms, do not use the Platform. If you are accessing and using the Platform on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. Accordingly, “user”, “you” and “your” will refer to yourself, the company or other legal entity. The Platform is a product of Sochitel (“Sochitel”, “We” Or “Us”), including its subsidiaries and affiliates from time to time. ACCOUNT, REGISTRATION & COMMUNICATION When a user creates an account via the Platform, the user will be auto enrolled to all the products and services provided by Us. This would also include airtime, personal data, enterprise data, e- gift cards, utility bills, and other exclusive vouchers via application (the “Products”). The Products are dynamic, and the prices associated with them will change over the course of time subject to Brands’ and Mobile Network Operators’ Terms and Conditions. The user will also be auto enrolled in and shall receive all our marketing and advertorial materials from time to time unless the user unsubscribes from receiving such services. Once you have registered and become a user on the Platform, you will receive an email including an activation link for you to confirm your account. You are entirely responsible for all activities which occur under your account (e-mail & password) including unauthorized use of your credit card or any other card(s). You must notify us immediately if you become aware of any unauthorized use of your account. If you forget or lose your password, you should contact the applicable Brand or Mobile Network Operator for help or assistance on recovery. You also agree that you will only register by your own name. Each account must be used by a single user, and it is not transferable. You also agree that by using the Platform, you consent to receiving email notifications (whether commercial, advertorial, marketing or otherwise) to your enrolled e-mail address. If you do not wish to receive such communications or notifications, you may at your absolute discretion unsubscribe from receiving such communication or notifications from Us by sending a mail to helpdesk@sochitel.com ACCEPTANCE OF CHANGES TO TERMS At our sole discretion, we may change the Terms at any time. If this happens, we may notify you by other communications or by publishing the updated Terms on the Platform. Once we have updated the Terms on the Platform, your continuing use of our Services signifies your acceptance of the updated Terms. You are no longer permitted to use the Platform if you disagree to be bound by the updated Terms. Due to our continuous improvement, the Platform may be changed or discontinued as and if necessary, at any moment, with or without notice, at our sole discretion. ELIGIBILITY Only those who are 18 years of age or older, competent to enter into a legally binding agreement, and not prohibited from using the Platform by any relevant laws may use the Platform. PLATFORM SERVICE 1) As a user, you will be entitled, subject to these Terms, to buy, send and redeem an electronic voucher (the “Service”). You will not be required to notify Us in advance of buying, sending or redeeming of an e-voucher from the Platform. 2) You are responsible for transaction fees and applicable bank fees, commissions and other charges charged on all transactions between your other bank account (s) to our Platform. 3) There will be no restrictions on the number of buying, sending or redemption of our e-voucher over any period of time. 4) Subject to the availability of sufficient funds to your wallet, you will be able to send and redeem a gift voucher to any of our selected Brand countrywide at any particular period of time. 5) Our voucher validity period shall be subject to the terms of use of the Brand. 6) Our e-voucher can never be substituted, exchanged, refunded or reimbursed in the form of cash at any particular time. 7) We will provide the Service to you through your mobile phone. You must create an account for you to access the Service. 8) We reserve the right to accept or decline any application for the Service at our sole discretion. The Service will only be provided through the mobile service provider(s) which, we may at our sole discretion, determine from time to time. 9) It is your sole responsibility to familiarize yourself with the operating procedures for the Service as will be provided by us upon your registration to the Service. We will not be liable for any losses incurred as a result of your errors either by commission and/or omission. 10) You agree and undertake to be bound by and to comply with all of the procedures we may issue from time to time. We shall not be bound by or obliged to take any action on any instructions which do not properly comply with the procedures, and we may reject such non-compliant instructions. 11) Your mobile phone is personal property. You must keep safe, protecting your mobile phone against unauthorized access. You must take all reasonable care to prevent unauthorized or fraudulent use of your mobile phone. We will not be held liable for any losses arising from the unauthorized use of your mobile phone. 12) The provision of the Service is subject to the availability of the mobile telephony connectivity. We will not be held liable for non-delivery or delay in delivery or wrongful delivery of the Service, as a result of the failure of mobile telephony connectivity. 13) You agree that we shall not be held liable for any disputes that may arise between you and your mobile service provider. 14) This Service will be provided to you as long as you are the sole account holder of your account(s). 15) We will ensure as far as possible that any information supplied to you through the Service is accurate. We shall not be liable for any error which results in the provision of inaccurate information. 16) The Service will only be available in geographical regions where the chosen mobile service provider(s) provide mobile telephony connectivity. 17) You must notify us immediately of theft or loss of your mobile phone/SIM Card, any unauthorized access to the Service or upon your discontinuation of the telephony service with your mobile service provider, through our Contact Centre. We shall not be held liable for any losses resulting from the loss of the SIM card and/or cell phone whatsoever caused. 18) We reserve the right to enhance the Services at any time without notice to you. It is your responsibility to keep updated with these enhancements. We will make all reasonable efforts to notify you of any changes or updates. 19) We shall not be held liable for the quality of service of the mobile service provider and give no warranty with respect to the quality of service by mobile service provider(s). 20) You must notify us of any changes in your account number, mobile telephone number, address and any other information that may affect your ability to access the Service. 21) We will not be held liable for sending information to your mobile telephone number as contained in our records at any given time. 22) You agree to bear all risks and consequences of the inability to send comply with any instruction sent using the Service due to errors in transmission of your instructions. 23) You agree not to violate any applicable law or regulation or use the Services or content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms. 24) You agree that the responsibility to confirm that a product is usable in your home country is absolutely your own and we shall not be held liable for your purchase of a product that is functional or usable in your home country. For the avoidance of doubt, some or all of our products are country-specific, and you must ensure that the details of your purchase are correct. LINKS TO THIRD PARTY (EXTERNAL) WEBSITES OR RESOURCES Links to external websites or resources may be found inside the Services. The material, goods, or services on or accessible from those websites, as well as any resources or links presented on such websites, are not our responsibility and are just provided for your convenience. When using any websites or resources operated by third parties, you accept full responsibility for them and any associated risks. TERMINATION AND ACCOUNT DELETION If, at any time and without prior notice to you, you violate or breach any provision of these Terms (or act in a way that indicates that you do not intend to, or are unable to comply with the provisions of these Terms), we reserve the right to suspend, restrict access to, terminate, or delete any content posted through your account, including but not limited to contacts, database, and any associated data or metadata. If you wish to remove your account information which has been automatically enrolled due to your usage of the Platform, you may send us an email to helpdesk@sochitel.com REFUND & CANCELLATION POLICY As we sell non-tangible irrevocable goods, we do not issue refunds once the order is accomplished, and the e-voucher is delivered. As a customer, you are responsible for understanding this upon purchasing any item at our website. WARRANTY DISCLAIMERS The Services and content are offered "AS IS," without any type of warranty. We hereby expressly disclaim all guarantees, including those resulting from the course of dealing with or use of the service, quiet enjoyment, suitability for a particular purpose, and non-infringement. We do not guarantee that the services will fulfill your needs or that they will always be accessible, safe, or error-free. Regarding the caliber, precision, timeliness, veracity, comprehensiveness, or dependability of any content, we offer no guarantees. We do not guarantee that the service or product will be useable in your home country as some or all of our products are country specific, you must ensure that the details of your purchase are correct. TAXES Any and all amounts that you are required to pay under these Terms are computed exclusive of any taxes that you may be required to pay. All taxes and fees imposed on these types of incomes are your responsibility to pay. We will not be held accountable by you for any noncompliance with the requirements given out, and you agree to hold Us harmless against any loss or damage resulting from your failure to comply with the obligations. You give Us consent to deduct amounts from your account at any time if we are required to do so by any tax authority, if we are in compliance with internal policies, or if we are required to do so by law or in accordance with agreements with any tax authority. FORCE MAJEURE We shall not be liable or in breach of its obligations under this agreement if there is any total or partial failure of performance of its duties and obligations caused by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention for or hindrance in obtaining any airtime, energy or other supplies, labor disputes of whatever nature, late or mistaken payment by an agent or any other reason beyond our control. INDEMNITY We, and our officers, directors, employees, and agents shall be held harmless by you from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees, that arise from or are related to (i) your use of the Services; (ii) your content; or, (iii) your violation of these Terms. APPLICABLE LAW AND DISPUTE RESOLUTION These Terms and any action related thereto shall be governed by the laws of the country. Any disagreement, claim, or controversy between you and Us regarding these Terms, their breach, termination, enforcement, interpretation, or validity, or the use of the Services or Content (collectively, "Disputes") will be resolved through binding arbitration, with each party retaining the right to (i) pursue an individual action in small claims court and/or (ii) seek equitable relief, such as an injunction, in a court of competent jurisdiction, to stop actual or threatened infringement, misappropriation, or violation of the other party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action mentioned in the preceding clause (ii), a "IP Protection Action". The arbitration will be administered by the arbitration rules in accordance with the applicable law. GENERAL TERMS These Terms constitute the entire and exclusive understanding and agreement between you and Us regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Us regarding the Services. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by Court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Any attempt by you to assign or transfer these Terms will be null. We may freely assign or transfer these Terms without restriction. Any notices or other communications provided by Us under these Terms, including those regarding modifications to these Terms, will be by posting to the Services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. INTELLECTUAL PROPERTY RIGHTS The Intellectual Property Rights (IPRs) in the System (and any updates, modifications, or improvements made to it from time to time) and all related documentation that we send to you via the Platform, or another means are recognized by you as belonging to Us or other parties from whom we may use and sublicense the Platform and/or the aforementioned documentation. You are not allowed to violate any of these IPRs. Without our prior written approval, you are not permitted to copy, reproduce, or tamper in any way with the Platform and related documentation. CUSTOMER COMPLAINTS AND CONTACT We will take all measures within our means to resolve your complaints within a reasonable time. All complaints will be handled in accordance with our complaints handling procedures. If there are any questions or complaints, you may contact our Customer Care representative in-App.
Privacy Policy
Global Duka ("we", "us", or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Platform. Information We Collect We may collect personal information that you provide directly, such as your name, email address, phone number, and payment details. We also collect usage data, device information, and transaction history automatically when you use the Platform. How We Use Your Information We use the information we collect to provide and improve our services, process transactions, communicate with you, personalize your experience, and comply with legal obligations. Sharing of Information We may share your information with trusted service providers, brand partners, and mobile network operators necessary to deliver our services. We do not sell your personal information to third parties. Data Security We implement appropriate technical and organizational measures to protect your personal information. However, no method of transmission over the internet is 100% secure. Your Rights You may request access to, correction of, or deletion of your personal information by contacting us at helpdesk@sochitel.com. You may also unsubscribe from marketing communications at any time. Changes to This Policy We may update this Privacy Policy from time to time. Changes will be posted on this page and your continued use of the Platform constitutes acceptance. Contact Us If you have questions about this Privacy Policy, please contact us at helpdesk@sochitel.com.
