Safaricom Games Terms of Use

SAFARICOM GAMES provides a subscription service that allows our members to download, install and play games ("SAFARICOM GAMES content") over the Internet to certain Internet-connected smartphones and tablets ("SAFARICOM GAMES ready devices").

These Terms of Use govern your use of our service. As used in these Terms of Use, "SAFARICOM GAMES service", "our service" or "the service" means the service provided by SAFARICOM for downloading, installing and playing SAFARICOM GAMES content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

1. Membership

1.1 Your SAFARICOM GAMES membership will continue month-to-month until terminated. To use the SAFARICOM GAMES service, you must have Internet access and a SAFARICOM GAMES ready device, and provide a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Unless you cancel your membership before your recurrent billing date, you authorize us to charge your next period's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your SAFARICOM GAMES membership by visiting our website and clicking on the "Your Account" link available at the top of the pages of the SAFARICOM GAMES website under your profile name.

2. Billing

2.1 Billing Cycle. The membership fee for the SAFARICOM GAMES service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged bases on subscribed pack (daily, weekly or monthly) to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and login to the "Your Account" page to see your next payment date.

2.2 Payment Methods. You can change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

2.3 Cancellation. You can cancel your SAFARICOM GAMES membership at any time, and you will continue to have access to the SAFARICOM GAMES service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or not played SAFARICOM GAMES content. To cancel, go to the "Your Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, login to the "Your Account" page. If you signed up for SAFARICOM GAMES using your account with a third party as a Payment Method and wish to cancel your SAFARICOM GAMES membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the SAFARICOM GAMES service through that third party. You may also find billing information about your SAFARICOM GAMES membership by visiting your account with the applicable third party.

2.4 Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

3. SAFARICOM GAMES Service

3.1 You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the SAFARICOM GAMES service. Minors may only use the service under the supervision of an adult..

3.2 The SAFARICOM GAMES service and any content viewed through the service are for your personal and non-commercial use only. During your SAFARICOM GAMES membership we grant you a limited, non-exclusive, non-transferable, license to access the SAFARICOM GAMES service and view SAFARICOM GAMES content. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

3.3 You may play the SAFARICOM GAMES content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to play will vary by geographic location and will change from time to time. The number of devices on which you may download, install and play SAFARICOM GAMES content is limited to five (5) SAFARICOM GAMES ready devices.

3.4 SAFARICOM GAMES regularly makes changes to the service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of SAFARICOM GAMES content.

3.5 You agree to use the SAFARICOM GAMES service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the SAFARICOM GAMES service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SAFARICOM GAMES service; use any robot, spider, scraper or other automated means to access the SAFARICOM GAMES service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SAFARICOM GAMES service; insert any code or product or manipulate the content of the SAFARICOM GAMES service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SAFARICOM GAMES service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

3.6 The quality of the SAFARICOM GAMES content may vary from device to device, and may be affected by a variety of factors, such as your location, device capabilities, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to download, install and begin playing SAFARICOM GAMES content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration and capabilities of your SAFARICOM GAMES ready device.

3.7 The SAFARICOM GAMES software is developed by, or for, SAFARICOM GAMES and is designed to enable playing SAFARICOM GAMES content through SAFARICOM GAMES ready devices. The SAFARICOM GAMES software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the SAFARICOM GAMES and related third-party software.

4. Passwords & Account Access

4.1 The member who created the SAFARICOM GAMES account and whose Payment is charged (the "Account Owner") has access and control over the SAFARICOM GAMES account and the SAFARICOM GAMES ready devices that are used to access our service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on playing history for the account), the Account Owner should maintain control over the SAFARICOM GAMES ready devices that are used to access the service and not reveal the password nor details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, SAFARICOM GAMES or our partners from identity theft or other fraudulent activity.

5. Miscellaneous

5.1 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Kenya. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

5.2 Unsolicited Materials. SAFARICOM GAMES does not accept unsolicited materials or ideas for SAFARICOM GAMES content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SAFARICOM GAMES.

5.3 Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the SAFARICOM GAMES Help Center on our website. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

5.4 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

5.5 Changes to Terms of Use. SAFARICOM GAMES may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you.

5.6 Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

Last Updated: 21 May 2019