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Loyalty programme terms & conditions
The following terms and conditions apply to Ziada (the "Programme") which commence on 16th November 2009 and will continue on an ongoing basis unless terminated in accordance with item 8 below.
1. Definitions
a. "You" or "Participant" means a pre-paid orange mobile Niaje tariff subscriber who is participating in the Programme as provided in item 2 below;
b. "Reward Points" means points earned and accumulated as provided in item 3 below.
c. "Merchandise" means physical or other items or services offered as rewards by Telkom Kenya from time to time i.e., modems phones e.t.c ;
a. Eligibility
The Programme is open to Naije tariff pre-paid subscribers who choose to enroll in the Programme.
b. In addition to complying with the provisions of this terms and conditions you warrant to Telkom Kenya that:
i. The information given by you at the time of personal data registration is complete, true and
accurate and that you will inform Telkom Kenya of any subsequent changes to such particulars.
ii. You will not sell barter or attempt to assign, transfer or deal with the Reward Points accrued
otherwise than as authorized by these terms and conditions.
iii. You will give to Telkom Kenya such information as is requested in order to verify your
entitlements under the Programme or for any other purpose whatsoever.
iv. You will not act in a manner likely to affect the good name of Telkom Kenya.
v. You own or are authorized to use the Telkom Kenya line against whose usage Reward Points will
accrue.
a. Earning Reward Points
i. The accrual of Reward Points will be on the basis of your usage of the pre-paid orange mobile Niaje tariff and such other criteria as Telkom may communicate from time to time.
ii. Redemption and accumulation of points is applicable to fully active accounts. No redemption of accumulated points is possible if account is suspended or deactivated.
iii. You will earn any Reward Points from;
a) Consumption of air time on calls
b) Short Message Service (SMS)
c) Download of data
b. Exemptions to earning Reward Points
The following will not entitle you to Reward Points:
i. Airtime top ups.
ii. Airtime transfers.
iii.Transactional charges
c. Checking Your Reward Point Balance
i. You may check the number of Reward Points accumulated by:
Dialing #123#. This is a free service.
i. Available Rewards and how to redeem your points
You will be able to redeem your Reward Points for Telkom Kenya products, merchandise, services and such other rewards as Telkom Kenya may offer from time to time ("Rewards").
Information regarding the available Rewards and the applicable redemption requirements will be communicated by Telkom Kenya in its official website and press.
ii. Conditions for redemption of your Reward Points
(a) Once you have communicated your request to redeem as described in 4 (i) above, such
request cannot be revoked, amended or exchanged for another reward nor will the
redeemed points be reinstated to you.
(b) Merchandise advertised from time to time by Telkom Kenya are subject to availability. The receipt by Telkom of an intention to redeem such items will not constitute a reservation of that item.
(c) Telkom Kenya reserves the right, at its absolute discretion to replace or withdraw any featured Reward at any time and to substitute any Reward requested for redemption by a Participant for a different Reward of comparable point value to the particular Reward requested by the Participant.
(d) The redeemers of all merchandise will be required to identify themselves through the presentation of such documentation as shall be considered suitable for verification by Telkom Kenya including but not limited to any of the following forms of identification: original Identification Card/original Passport.
(e) By redeeming Reward Points you release Telkom Kenya from any and all liability regarding the redemption of the Reward Points.
iii.Expiration of Your Reward Points
a. Points accumulated are not transferable and their validity is for a maximum period of twelve months from date of point's accumulation, after which unused points will be considered void.
b. Upon termination of the Programme as provided in item 7 below you will be required to redeem your Reward Points within such period as prescribed by Telkom Kenya. Points not redeemed within this period will be deemed to have expired and thereby forfeited by the Participant.
c. Telkom Kenya will not be obligated to offer an extension on expired points nor offer any cash refunds or other exchanges or compensation whatsoever for expired Rewards Points.
Telkom Kenya is entitled to disclose the personal information you provide for the following purposes:
a. Fraud prevention and law enforcement.
b. Compliance with any legal requirements or court order.
c. Such other purposes as may be provided in the terms and conditions of use of any of the Telkom products and services.
d. Telkom Kenya will not be liable to a Participant for any direct or indirect damages arising from disclosure of personal data as provided for in this Clause.
a. The Programme and Reward Points are offered at the sole discretion of Telkom Kenya and Telkom Kenya reserves the right to vary the terms and conditions of the Programme. Subsequent modifications to these terms and conditions will be communicated in its official website.
b. In the event these terms and conditions are amended or varied as provided in item (a) above then your continued participation in the Programme will be deemed to be an acceptance of such a variation.
c. Reward Points have no cash value and together with the Programme rewards are not exchangeable for cash.
d. Reward Points shall not be used to offset any other charges and /or payments due from a Participant for any service offered within the Telkom Kenya network.
e. In the event your participation in the Programme is subject to the approval of a third party then Telkom Kenya will not be liable to you in the event it complies with the instructions of such person in determining your continued enrolment and redemption of accrued Reward Points. The burden of proving ownership of the enrolled line rests with the third party who will be required to provide sufficient proof of ownership of the line.
f. The Reward Points shall not be transferrable or assignable by the Participant to any third party.
g. Telkom Kenya makes no warranty, express or implied, regarding the merchantability, fitness for a particular use or otherwise, regarding any product or merchandise obtained by redemption.
h. Telkom Kenya shall not be liable for any fraudulent redemption of the Reward Points by the Participant or any other third party.
i. Telkom Kenya will not be liable to a Participant for any monetary loss or damage. Without limitation Telkom Kenya is not liable to a Participant for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise, and regardless of whether Telkom Kenya has any control over circumstances giving rise to the claim or not.
j. The provisions herein on exclusion of liabity of Telkom Kenya in regard to the Programme shall survive termination of the Programme.
a. You will be able to deregister yourself from the Programme by giving Telkom Kenya fourteen (14) days notice in writing .
b. Telkom Kenya reserves the right to terminate the Programme at any time, without providing justification and without liability to you.
c. Notice of termination of the Programme will be sent to you via e-mail or by post to post office box address availed to Telkom Kenya by you.
d. Telkom Kenya reserves the right to terminate your participation in the Programme with immediate effect in the following circumstances:
i. Upon any detection of fraud or attempted fraud relating to your enrolment, registration, the accrual and redemption of Reward Points;
ii. Breach of any of these terms and conditions;
iii. Any other circumstances (justification for which will not be provided) as may be determined by Telkom Kenya.
e. If your participation in the Programme is terminated under any of the circumstances set out in item (c) above then you will lose your right to redeem your accumulated Reward Points and the same will be deemed to have been forfeited. In addition Telkom Kenya reserves the right to take appropriate legal action as it deems necessary and to recover damages and other expenses incurred in pursing such action.
These terms and conditions are subject to interpretation by Telkom and any disputes regarding the Programme will be resolved by Telkom and decisions reached will be final.
