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Terms Of Service

By signing up for the Mzizzi services or any of the services of Paytree Group Ltd or its affiliates (“Mzizzi”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Mzizzi under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Mzizzi are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at http://mzizzi.com/terms/. Mzizzi reserves the right to update and change the Terms of Service by posting updates and changes to the Mzizzi website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Mzizzi’s Acceptable Use Policy (“AUP”) and Privacy Policy before you may become a Mzizzi user.

Common use language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Mzizzi or any Mzizzi services, you are agreeing to these terms. Be sure to occasionally check back for updates.

 

Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a Mzizzi account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Mzizzi (and its affiliates) may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Mzizzi (and its affiliates) will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Mzizzi (and its affiliates) cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Mzizzi (and its affiliates) will result in an immediate termination of your services.
Account Terms

You are responsible for your Account and any Materials you upload to the Mzizzi platform. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

Account Activation

2.1 Mzizzi Account

  1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 Mzizzi Payments Accounts

  1. Upon completion of sign up for the Service, you will create a Paytree Group Checkout account, using your email address. Depending on your location, Mzizzi may also create a Mzizzi Payments account on your behalf.
  2. You acknowledge that Paytree Group Checkout and/or Mzizzi Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt.

2.3 Paytree Group Account

  1. Upon completion of sign up for the Service, you will be required to create an Paytree Group (“Paytree”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Mzizzi may activate your Paytree Group account on your behalf, otherwise you will be required to activate your Paytree Group account within your Account admin.
  2. If you use Paytree Group supported payment gateway and your customers have enabled Paytree Group on their device, customers may purchase goods and services from your store using Paytree Group.
  3. By using Paytree Group on your store, you are agreeing to be bound by the Paytree Group terms and conditions, as they may be amended by Paytree Group from time to time. If Paytree Group amends the Paytree Group Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here on their website. Such amendments to the Paytree Group Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Paytree Group on your store after the amended Paytree Group Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Paytree Group Platform Web Merchant Terms. If you do not agree to any changes to the Paytree Group Platform Web Merchant Terms, de-activate your Paytree Group account and do not continue to use Paytree Group on your store.NB: Your Mzizzi store cannot run without an active Paytree Group account.

2.4 Domain Names

  1. Upon purchasing a domain name through Mzizzi, domain registration will be preset to automatically renew each year so long as your Mzizzi Account remains active. You acknowledge that it is your sole responsibility to request deactivation should you choose to do so.
Account Activation

The person signing up for the Mzizzi Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

Any domain you purchase through us will automatically renew unless you opt out.

Your Mzizzi store cannot run without an active Paytree Group account.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of Mzizzi.

  1. Technical support is only provided to existing Mzizzi customers and is only available via email or the support portal.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Kenya applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Republic of Kenya with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that Mzizzi may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Mzizzi’s website, available at TOC’s and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Mzizzi’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the Mzizzi service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Kenya. You will comply with all applicable laws, rules and regulations in your use of the Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Mzizzi.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Mzizzi or Mzizzi trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent to service(@)Mzizzi.com.
  8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Mzizzi, is governed by its privacy policy.
  10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Mzizzi’s Terms of Service available in another language, the most current English version of the Terms of Service at privacy policy will prevail.
General Conditions

The Mzizzi service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in Kenya.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

Mzizzi Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Mzizzi customer, Mzizzi employee, member, or officer will result in immediate Account termination.
  5. Mzizzi does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Mzizzi employees and contractors may also be Mzizzi customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the phone number, the last four digits of the credit card on file, etc.
  8. Mzizzi retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Mzizzi reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Mzizzi Rights

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Mzizzi account, we can freeze the account or transfer it to the rightful owner.

Limitation of Liability

  1. You expressly understand and agree that Mzizzi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Mzizzi or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Mzizzi partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Mzizzi does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Mzizzi does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Mzizzi does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Limitation of Liability

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

Waiver and Complete Agreement

The failure of Mzizzi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Mzizzi and govern your use of the Service, superseding any prior agreements between you and Mzizzi (including, but not limited to, any prior versions of the Terms of Service).

Waiver & Complete Ability

If Mzizzi chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Mzizzi don’t apply if they conflict with these terms.

Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the Mzizzi service. All Materials you upload remains yours. You can remove your Mzizzi store at any time by deleting your Account.
  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Mzizzi to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Mzizzi can, at any time, review all the Materials submitted to its Service, although Mzizzi is not obligated to do so.
  3. You retain ownership over all Materials that you upload to a Mzizzi store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. Mzizzi shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Intellectual Property & Customer Content

Anything you upload remains yours and your responsibility.

Shipping & Delivery

By using Mzizzi Shipping (the “Shipping”) provided by Mzizzi. (also referred to as “we”), you agree to the following terms. The Service, as further described on the Mzizzi. website (the “Site”), allows you to have your packages delivered by Mzizzi to your customer’s home address. This Agreement (“Agreement”) applies to your use of the Service and the Site. Please read this Agreement carefully, as it (among other things) requires that you and Mzizzi. arbitrate certain claims instead of going to court and contains your agreement not to bring class action claims.

Your registering for the Service creates a legally binding contract between you and Mzizzi. If you do not agree with any aspect of this Agreement, then you may not use the Service.

Mzizzi’s Privacy Policy (the “Privacy Policy”) describes the collection, use, and disclosure of data and information by Mzizzi. in connection with the Site and the Service. The Privacy Policy, as may be updated by Mzizzi. from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use, and disclosure practices set forth therein.

When you register for the Service on the Site, you will be notified of the shipping progress for any packs/ deliveries that you make with Mzizzi. When we receive a package addressed to your unique delivery address, we will notify you via text that it is enroute. During your scheduled delivery window, we will deliver the package to your desired location and charge your customer the Service Fee as outlined in the checkout page. Packages are subject to certain size and weight limits, as set forth below and/or provided on the Site.

Your Responsibilities

When you use the Service, you will:

  1. only use the Service for Acceptable Packages.
    b. always give the full Mzizzi full, well enumerated customer address to any sender of the package (the “Sender”) as the shipping address for the package;
    c. ensure that the Sender packs any package securely;
    d. agree that we may suspend or stop providing the Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct; and
    e. follow any policies made available to you within the Service.

If you do not schedule your package’s delivery within reasonable timelines as may be determined by Mzizzi, Mzizzi reserves the right, in its sole discretion, to take any of the following actions: (i) return the package to the merchant, at your expense; (ii) require you to pick it up from the Mzizzi delivery address or another location specified by Mzizzi.; (iii) deliver the package to you at your delivery address for an additional fee; or (iv) charge you Mzizzi’s then-applicable storage fee, as set forth on the Site. We do not know or control every Sender or have control over the terms each Sender imposes for returns, such as whether it will refund your purchase price. You assume any risk associated with packages you do not pick up.

We also reserve the right to deal with, as we see fit, any package which is not an Acceptable Package.

Acceptable Packages

You must not use the Service to send and collect any delivery that does not conform to our specifications for weight, size, and contents. Deliveries that do not conform to these specifications may not be accepted by us at the Mzizzi.

These specifications are:

  1. weight: packages must not be over 10Kg. (including all packaging), unless with prior information to Mzizzi via robots(@)mzizzi.com ;
  2. size: deliveries must not exceed 72 total inches in linear dimensions (height + width + depth);
  3. contents: packages must not contain the following: illegal items or items that encourage illegal activities, controlled substances (such as marijuana and cocaine), offensive materials, stocks or other securities, firearms, weapons, explosives, hazardous materials, alcohol, tobacco products, items that have unusually strong odors, animals, plants, fertilizer, seeds, or any other items or categories of items that Mzizzi may restrict from time to time upon notice to you (including notice placed on the Site) (“Prohibited Contents”). If you are in any doubt as to whether any item would or would not be prohibited under this list, you must contact us at support before giving your Mzizzi delivery address to the relevant address.
  4. Any other specifications and limitations as may be notified to Mzizzi by its partners and shipping logistics team

We may need to change the requirements for Acceptable Packages from time to time to reflect changes in relevant law or our operational methods. We will update our website notifying you of any such changes.

We may monitor any package received at the Mzizzi. address and reserve the right to review any package to confirm whether it is an Acceptable Package. We may also photograph packages to provide evidence of their delivery or other factors (for example, where packages are inadequately packaged or damaged).

Where we receive any package which is not an Acceptable Package, we may notify you by phone or email to arrange for you to collect it or otherwise deal with it. We may charge you for any costs incurred through handling such packages.

Price and Payment

You will be charged the fee for use of the Service (the “Service Fee”) as set forth on the Site checkout page. The Service Fee may be modified from time to time by Mzizzi upon notice to you, provided that any modified fee shall not apply to packages for which shipment is already in progress. The Service Fee is earned by and paid to Mzizzi each time Mzizzi makes a delivery attempt to your shipping address. All Service Fees are non-refundable except as expressly described in this Agreement.

The price of the Service will be as quoted on our Site from time to time. All prices shown on our Site may not include applicable sales tax.

Prices of the Service are liable to change at any time, but changes will not affect orders in respect of the Service for which you have already scheduled a delivery window.

Unsolicited or Unacceptable Packages

Oversized packages: if Mzizzi. receives a package that does not comply with the applicable size and weight limits set forth herein or on the Site, Mzizzi. reserves the right, in its sole discretion, to take any of the following actions: (i) reject delivery of the package; (ii) accept delivery of the package and require you to pick it up from a Mzizzi delivery address or another location specified by Mzizzi.; (iii) deliver the package to you at your delivery address for an additional fee; or (iv) charge you Mzizzi’s then-applicable storage fee, as set forth on the Site.

Events Outside of Our Control and Risk

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).

You acknowledge that use of the convenience of the Service comes with increased risk of theft or other loss or damage to items and hereby assume such risk. Mzizzi. cannot and does not guarantee that items accepted for delivery through the Service will not be subject to theft, fire, water damage, inclement weather, vandalism, or loss or damage generally, and you agree that Mzizzi shall have no liability to you for any of the foregoing. We will not be liable or responsible for any damage that is occasioned to the goods in transit. By using our shipping and delivery service your expressly give away your rights to make claim for losses or delay in performance. You use our delivery service entirely at your own risk

Shipping & Delivery

Anything you choose to have delivered remains yours and your responsibility.

We do not bear any risks that may come from your use of the delivery service

Refunds and Returns Policy

Our policy covers items that were not accepted during delivery. If you provided the DELIVERY CODE it means that you accepted the goods were in proper and usable state and, unfortunately we can’t compel the merchant to offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

  • Gift cards
  • Downloadable software products
  • Some health and personal care items

To complete your return, we require that you decline the item at the point of delivery (If there is an issue with the goods during delivery, please DO NOT provide the delivery code to the delivery agent).

Please do not accept your package then send it back to the merchant.

There are certain situations where only partial refunds are granted (if applicable)

  • Book with obvious signs of use at the point of delivery
  • CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
  • Electronic device that has its packaging opened
  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error
  • Any item that is returned more than 5 days after delivery

NOTE: If you receive an electronic item, device, record, machine or similar item that is faulty and does not function as expected, please raise a ticket at https://mzizzi.freshdesk.com we will follow up with the merchant for a refund or exchange. The refund or exchange for such conditions is entirely at the merchant’s discretion. Paytree Group Ltd, Mzizzi and its affiliates, partners and brands will NOT be held liable for faulty or damaged goods.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit/debit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your account again.

Then contact your credit/debit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at robots@ mzizzi.com

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at robots@ mzizzi.com and send your item to: 667 Rose Avenue, Kilimani. Nairobi.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be electronically mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Return Shipping Address

To return your product, you should mail your product to 667 Rose Avenue, Kilimani. Nairobi.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over Kes 5,000, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Shipping & Delivery

Only provide the DELIVERY CODE to the delivery agent if you are satisfied with the condition of an item at delivery. Please inspect the item before acceptance.

We may issue partial refunds in some cases of damage or opened goods.

We are NOT responsible for the items delivered by our agents.

Theme Store

  1. You may establish the appearance of your Mzizzi store with a design template from Mzizzi’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. To initiate a transfer of a Theme to a second one of your stores, please email support(at)mzizzi.com. You are not permitted to transfer or sell a Theme to any other person’s store on Mzizzi or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Mzizzi gives no assurance that a particular Theme will remain available for additional downloads.
  2. You may modify the Theme to suit your store. Mzizzi may add or modify the footer that refers to Mzizzi at its discretion. Mzizzi may modify the Theme where it contains, in our sole discretion, an element that violates the Mzizzi AUP or the Terms of Service, even if you received the Theme in that condition. Mzizzi may modify the Theme to reflect technical changes and updates as required.
  3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Mzizzi may take administrative action such as modifying your store or closing your store.
  4. Technical support for a Theme is the responsibility of the designer, and Mzizzi accepts no responsibility to provide such support. Mzizzi may be able to help to its chosen limit.
  5. It is the responsibility of the user, and not Mzizzi, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user, or the look of their store.

Payment of Fees

  1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as 3rd party fees, POS Equipment, withdrawal, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. Mzizzi will charge applicable Fees to the Paytree account you create (“Authorized Account”), and Mzizzi will continue to charge the Authorized Account for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Kenya Shillings, and all payments shall be in Kenya Shillings.
  3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Mzizzi’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on your Paytree Account. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  4. If we are not able to process payment of Fees using the Authorized Account or phone number, we will make a second attempt to process payment using the Authorized Account or phone number 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Mzizzi reserves the right to terminate your Account.
  5. All Fees are exclusive of applicable country, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  6. If you are a resident of Kenya, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Mzizzi’s products and services. These Taxes are based on the rates applicable to the Kenyan billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Account or phone number. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  7. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Mzizzi’s products and services, including without limitation, your subscription to or purchase of Mzizzi’s Online Services, POS Services, POS Equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Account or phone number. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  8. To the extent that you are an individual and not a limited company or other legal entity, and your location of usage changes to a place in Kenya, you must advise us immediately by email to legal(at)paytreegroup.com.
  9. Mzizzi does not provide refunds.
Payment of Fees

A valid phone number and/or Paytree account is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your Paytree account or phone number. If we are not able to process payment of Fees using your phone number or Paytree Account, we will try your Paytree account and/or phone number again 3 days following the initial failed attempt. If we are unable to process payment of Fees on the second attempt, we will attempt to process payment of Fees on your Paytree account and/or phone number a third and final time 3 days following the second attempt. If payment of Fees is unsuccessful after three attempts, Mzizzi may freeze your store. If you’re exempt from Kenyan taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill.

No refunds.

Cancellation and Termination

  1. You may cancel your Account at anytime by emailing robots(@)mzizzi.com and then following the specific instructions indicated to you in Mzizzi’s response.
  2. Upon termination of the Services by either party for any reason:
    1. Mzizzi will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to Mzizzi for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your store website will be taken offline.
  3. If you purchased a domain name through Mzizzi, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
  4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  5. We reserve the right to modify or terminate the Mzizzi Service or your Account for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, Mzizzi may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Cancellation & Termination

To initiate a cancellation, email robots(@)mzizzi.com. Mzizzi will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Mzizzi will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last billing.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days notice from Mzizzi. Such notice may be provided at any time by posting the changes to the Mzizzi Site (Mzizzi.com) or the administration menu of your Mzizzi store via an announcement.
  2. Mzizzi reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Mzizzi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Modification to Services & Prices

We may change or discontinue the service at anytime, without liability.

Third Party Services

  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Mzizzi’s partners or other third parties.
  2. Mzizzi may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), third party payment aggregators (“payment gateways and fees”),  products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Mzizzi App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Mzizzi’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Mzizzi has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Mzizzi’s websites, including the Mzizzi App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Mzizzi. Mzizzi does not guarantee the availability of Third Party Services and you acknowledge that Mzizzi may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Mzizzi is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Mzizzi strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
  4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Mzizzi is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
  5. Google is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
  6. Safaricom is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Safaricom Acceptable Use Policy, as it may be amended by Safaricom from time to time.
  7. Equitel is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Equitel  Acceptable Use Policy, as it may be amended by Equity Bank from time to time.
  8. Under no circumstances shall Mzizzi be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Mzizzi has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  9. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Mzizzi partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Third Party Services

We are not responsible for third party services. If you use any third party services on the Mzizzi platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

DMCA Notice and Takedown Procedure

Mzizzi supports the protection of intellectual property and asks Mzizzi merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Mzizzi’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

DMCA Notice & Takedown Procedure

Mzizzi respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Mzizzi a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

Paytree Group Ltd (Mzizzi)
17 Galana Road
P. O. Box 12210 – 00100
Nairobi, Kenya.
legal(@)paytreegroup.com

Call us: +254 705 44 55 66

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