Terms and Conditions

1.0 PRODUCT

GROUPESA is a mobile technology product developed, operated and owned by Aldegia Ltd, a limited liability company incorporated in the Republic of Kenya. The GROUPESA platform is linked to mobile money services such as Mpesa, Airtel Money and Equitel amongst others.

Aldegia Ltd is not a financial institution or a bank. We are not engaged in deposit-taking. GROUPESA is an SMS/USSD mobile technology that enables users to make contributions to various social initiatives in a manner that promotes transparency and accountability.

By using the GROUPESA platform and/or contributing to the social initiatives initiated in our platform, you are agreeing to the Terms and Conditions therein. Aldegia Ltd reserves the right to revise these Terms and Conditions at any time. Any such revision will be communicated to all GROUPESA users and will be posted on our website for reference.

2.0 DEFINITIONS

In this Agreement, the following terms and expressions shall, unless the context otherwise requires, have the following meanings:

Account” means the virtual user account being maintained on the GROUPESA system that reflects the amount of contributions made to a specific social initiative.

Agreement” means these Terms and Conditions.

Administrator” or “Admin” is the person that initiates or creates a Group within the GROUPESA platform for his/her specific social initiative. This new Group is reflected in the system using a unique Group ID number, through which contributions will be collected. This person will have full and sole control of all the monies raised towards his/her social initiative.

Balance” means the amount of E-Value residual in your account that reflects the amount of money held in the paybill under your account.

Company” means Aldegia Ltd, the owners and developers of the GROUPESA platform and systems.

Contribution” means money paid into a user’s account as a voluntary donation towards a specific social initiative.

E-Value” means the electronic value reflected in the GROUPESA platform as a record of the balance of contributions made to a specific account and held in the Paybill Account.

Fees” means any transaction charges, network charges and any other charge applicable for the use of the GROUPESA platform.

Fundraising” or “Campaign” means the raising of money from well-wishers for any social initiative.

Network Service Provider” means Safaricom, Airtel, Telkom, Equitel, or any mobile operator with whom we have entered into an agreement for the facilitation of the GROUPESA product and/or platform.

Paybill Account” means the mobile money payments account assigned to the Company by any of the Network Service Providers that we have entered into an agreement with. This is the channel through which users will make financial contributions to the various social initiatives initiated on the GROUPESA platform.

Social Initiative” means any personal, social, humane or charitable cause for which somebody feels that they need financial assistance e.g. funeral expenses or medical bill or school fees etc. Each social initiative will have its own unique Group Identification Number in the GROUPESA platform, initiated by an Administrator.

Treasurer” means a person that has been enlisted by the Administrator of a Social Initiative to ensure that all the monies collected are put to good use.

User” means any person using the GROUPESA platform, systems or services.

3.0 TERMS AND CONDITIONS

3.1 USER ACKNOWLEDGEMENTS

These Terms and Conditions govern the use of GROUPESA and are binding to all users. By using any of the GROUPESA systems and/or platforms, you agree to abide by these Terms and Conditions at your own free will.

You acknowledge that any financial contribution that is made via the GROUPESA platform is a voluntary contribution to a specific social initiative initiated by a specific Administrator.

You acknowledge that GROUPESA is only a platform for facilitating voluntary contributions to specific social initiatives initiated by an administrator and that the Company is not involved whatsoever in any of the social initiatives initiated on the platform. Consequently, GROUPESA cannot be held liable or accountable for any misuse or loss of the funds collected via the platform.

You acknowledge that the Administrator of a social initiative has full and sole control of all contributions made towards his/her social initiative. The Administrator can choose to add up to two Treasurers to assist with the control and use of collected monies.

You acknowledge that there will be Fees charged to all the monies collected (contributions) for each social initiative. GROUPESA reserves the right to review and revise these FEES at any time.

You acknowledge that the GROUPESA platform and systems are inextricably linked to various Network Service Providers and any service interruptions occasioned by the Network Service Providers will affect the GROUPESA systems and lead to unavailability of the GROUPESA services until such a time as the Network Service Providers have resolved the issue. You agree not to hold GROUPESA liable for any losses or inconvenience experienced during such down times.

You acknowledge that by using the GROUPESA platform you are agreeing that the Company may communicate with you via SMS, text messages, phone calls or any other electronic means for marketing purposes or for general administration and marketing purposes.

You acknowledge that GROUPESA will not be held liable for any loss or injury occasioned by illegal hacking or any adverse actions that will lead to the compromise of user confidentiality.

You acknowledge that GROUPESA reserves the right to change these Terms and Conditions at any time, in its sole discretion, with no prior notice.

3.2 CONTRIBUTIONS

All monies collected via the GROUPESA platform are contributions towards specific social initiatives. The Administrators of the social initiatives have full and sole control of the respective contributions made to their specific social initiative.

Any GROUPESA user can contribute to any social initiative in the GROUPESA platform. This is achieved by simply sending mobile money to the GROUPESA Paybill and to the unique Group ID number linked to the specific social initiative.

These contributions are held on the mother Paybill account on behalf of all the social initiative Administrators. This paybill sits with the Network Service Providers with whom GROUPESA have an agreement with. GROUPESA does not earn any interest on these monies held at the Paybill. Similarly, all monies collected on the GROUPESA platform do not earn any interest.

Contributions made via the GROUPESA platform are not deposits. We reiterate that Aldegia Ltd is not a bank or a deposit-taking institution.

The Administrators of the social initiatives can withdraw any contributions in their Group ID at any time by sending an SMS instruction to GROUPESA. The withdrawal amount will then be deducted from the specific Group ID number linked to that social initiative and sent to the Administrator’s personal mobile money account at any of the Network Service Providers.

GROUPESA platform will reflect the E-value of each Group ID in its system and will instantaneously reflect any new contributions or withdrawals. All GROUPESA users will have sight of the E-value balances of all Groups (Social Initiatives) to which they have made contributions. However, only the Administrator can initiate withdrawals from the Group ID linked to their respective social initiative.

3.3 LIMITATION OF LIABILITY

The Company makes no warranties as to the availability and reliability of the GROUPESA platform, whether direct or implied.

The Company and its directors, officers, employees or agents will not be held liable for any damages or losses arising from: (a) availability or unavailability of the GROUPESA platform owing to network downtime or system maintenance; (b) unauthorized access of confidential information or instructions e.g. via illegal means such as hacking (c) failure to achieve the fundraising targets of any social initiative; (d) improper use of the GROUPESA platform by other users; (e) undesirable use of contributions by the Administrator/s.

All users of the GROUPESA platform must have active mobile money accounts held at registered Network Service Providers. It is not possible to use the GROUPESA platform without a mobile money account. Our users have therefore undergone KYC (Know Your Customer) checks at the said Network Service Providers. The Company will not be held responsible or liable as to the source of funds of the contributions made within the GROUPESA platform.

In case of any technical difficulties or system inaccessibility, the Company will endeavor to resolve the problems within the shortest period of time possible. The Company makes no warranties as to the timelines for any repairs or maintenance or system recovery timelines. The Company will not be held liable for any damages or losses incurred during system downtimes.

The loss or theft of a user’s mobile phone must be reported to the responsible authorities immediately by the user and the sim card must be de-registered or de-activated as soon as possible. The Company will not be held liable for any transactions initiated on the GROUPESA system using a lost or stolen phone.

3.4 MISLEADING, NEGLIGENT OR WRONGFUL USE

The GROUPESA platform must not be used for any misleading, negligent or wrongful use. The platform must not be used to commit any offence.

The Company does not endorse any content on the GROUPESA platform. However, any offensive, inappropriate or illegal content will be removed. The Company reserves the right to continuously monitor any and all content on its platform and systems.

The user indemnifies the Company against all claims or liabilities arising from the users’ use of information or content that may be considered defamatory or offensive, or that may be in breach of any intellectual property such as trademark or copyright.

3.5 SUSPENSION OR TERMINATION OF ACCOUNT

The Company reserves the right to summarily suspend or terminate your account in the GROUPESA platform without any liability in the following circumstances:

(a) In the case of your bankruptcy or insolvency
(b) If the Company has reasonable grounds to believe that your account is being used for illegal activities or in a wrongful manner
(c) At the behest of any law enforcement agencies or any regulatory bodies
(d) If you are in breach of the Terms and Conditions described herein
(e) Upon receipt of your instructions to close your account

Except at the behest of law enforcement agencies or regulatory bodies, any balances on your account at the point of closure will be forwarded to your personal mobile money account at your Network Service Provider. The Company will not be held liable for any damages or losses, whether direct or to third parties, for any acts of omission or commission with regards to the closure of your account.

3.6 GOVERNING LAW AND SEVERABILITY

This Agreement shall be governed and construed in accordance with Kenyan law. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.