Customer Terms and Conditions
1.1. These Terms and Conditions use certain capitalized terms that are also used in your Customer Application & Agreement form. Any capitalized terms that are used in these Terms and Conditions and not otherwise defined have the same meaning as in the Customer Application & Agreement. For example, terms such as Product, advance payment and Credit Fee have the same meaning when they are used in these Terms and Conditions and in your Customer Application & Agreement form.
These Terms and Conditions also have the following additional defined terms:
1.1.1. “Account” means the d.light customer account used for purposes of receiving payment of the Customer’s advance payment and Credit Fees.
1.1.2. “Additional Product” means any follow-on or upgrade product that is purchased by a Customer and which product relies on the Customer’s Gateway Product in order to operate. For the avoidance of doubt not all follow-on or upgrade products will be considered Additional Products, only those that rely on a Gateway Product in order to operate will be considered an Additional Product.
1.1.3. “Agreement” means the Customer Application & Agreement as signed by the Customer when making advance payment and agreeing to the terms and conditions of purchase of a d.light Product and to these Terms and Conditions.
1.1.4. “Credit Fee” means the units purchased by the Customer upon payment to d.light of one or more Daily, Weekly, Monthly Credit Fees as agreed upon signing of this agreement and which allows for the use of the Product for the number of days paid for.
1.1.5. “Gateway Product” means the Product initially purchased by the Customer which may control one or more Additional Products
1.1.6. “KES” means Kenya Shillings, the lawful currency of Kenya.
Continuous Payment and Repossession
The Customer agrees to pay the Credit Fee payments (or in advance at their choosing) until they have paid the Total Purchase Price within the Maximum Payment Period as set out in the Customer’s payment plan. The Customer further agrees that in addition to paying the Credit Fee payments, the Customer shall commit to paying KES [*] daily for at least 10 days every month from the date of possession of the Product (Minimal Monthly Payment). The Customer fully understands and acknowledges that failure to make the Credit Fee payments and the Minimal Monthly Payment will entitle d.light to re-possess the Product/s and all accompanying equipment, at its sole discretion, and the Customer hereby gives such consent to d.light to do so.
Mode of Payment
The advance payment, all Credit Fee payments (whether made daily, weekly, monthly or in total upfront) and the Minimal Monthly Payment, towards purchase of the Product and/or any Additional Product shall be made through M-PESA Pay Bill Number 215550. No payments by cash will be accepted by d.light whatsoever nor should they be made under any circumstances for the purchase of any Product. Please inform d.light Customer Services immediately if requested to make any cash payment.
IF THE CUSTOMER FAILS TO KEEP CURRENT ON THEIR CREDIT FEE PAYMENTS, d.light MAY DEACTIVATE THE CUSTOMER’S PRODUCT UNTIL THE CUSTOMER BECOMES CURRENT AGAIN IN THEIR CREDIT FEE PAYMENTS.
IF THE CUSTOMER PURCHASES AN ADDITIONAL PRODUCT AND FAILS TO KEEP CURRENT ON THEIR CREDIT FEE PAYMENTS FOR SUCH ADDITIONAL PRODUCT, d.light MAY DEACTIVATE THE CUSTOMER’S ADDITIONAL PRODUCT UNTIL THE CUSTOMER BECOMES CURRENT AGAIN IN THEIR CREDIT FEE PAYMENTS.
WHERE THE CUSTOMER CONTINUES TO FAIL TO KEEP CURRENT ON ANY PAYMENT OBLIGATIONS FOR THE PRODUCTS AND/OR ADDITIONAL PRODUCTS EVEN AFTER DEACTIVATION AND CONTINUES TO BE IN ARREARS WITH ANY PAYMENT OBLIGATIONS, d.light HAS THE SOLE RIGHT TO REPOSSESS THE PRODUCTS AND/OR ADDITIONAL PRODUCTS AS THE CASE MAY BE AND ALL ACCOMPANYING EQUIPMENT.
Intended Use Only
All Products shall be used solely in accordance with the instructions provided in the Product instruction manuals and must be maintained in proper repair and working condition.
The Customer MUST NOT tamper (including but not limited to altering or removing the Product serial number or other Product identification marks), open or modify and/or use the Product(s) in any other way not authorized by d.light or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Warranty and result in a fundamental breach of the Agreement between d.light and the Customer. For avoidance of doubt any tampering and/or modification the Product(s) shall constitute willful destruction of d.light’s property and may result in criminal charges being brought against any person, whether the Customer or a third party, found to have tampered and/or modified the Product(s) in the manner described herein. d.light also reserves the right to pursue any other civil remedies available to it against such person.
Contact information and Personal Information
The Customer must ensure that all contact information provided to d.light is complete and accurate in order to allow d.light to contact the Customer or the Alternative Contact Person during reasonable hours regarding the Customer’s d.light account. The Customer is solely responsible for the accuracy of such information. The Customer agrees to inform d.light of any changes to the contact information during the term of the Agreement. The Customer further represents, acknowledges and agrees that (i) all information, including Personal Information, that you provide to d.light for the purpose of applying for a Product or otherwise is truthful and accurate and reflects the entire extent of any such requested information that is available to you and (ii) such information is not misleading in any way.
By accepting these Terms the Customer hereby consents to and authorizes d.light to capture, store, analyze and use their data for processing requests, administrating this agreement, informing on amendments to this agreement, informing them of new products and services, research and promotional activities and for d.light marketing purposes, like offering new products and services and using some verified data to do this. D.light will not share the Customer’s data or Personal Information publicly. The Customer’s data and Personal Information may be shared with d.light’s affiliates and service partners for purposes that include but are not limited to identity verification, authentication, underwriting, and to provide the Customer with additional products and services.
d.light will not share your data and Personal Information with any third parties for any such third parties’ marketing purposes without first obtaining the Customer’s consent. The Customer shall be entitled to prevent such usage by informing d.light, within 7 days of being informed of the proposed use, that the Customer does not wish to disclose such information. The Customer has the right to withdraw any such consent at any time. d.light shall disclose the Customer’s Personal Information to third parties in order to enforce d.light’s Terms and Conditions and other Terms or to investigate potential breaches; report defaulters to any credit bureau; or for the purpose of publishing statistics relating to the use of the Product, in which case all information will be aggregated and made anonymous.
Consent to d.light to report and verify my credit status and phone records
By accepting these Terms and Conditions and other Terms, the Customer hereby consents to and authorizes d.light to report and verify the Customer’s credit history, credentials and/or phone records (including mobile money history) with any registered credit reference bureau, mobile service provider and/or such other data base. The Customer also agrees to bring to d.light’s attention any inaccuracies in the credit information reported to a credit reference bureau for review before taking any action against d.light for inaccurate reporting.
Title of goods
Ownership and title in the Product(s) shall vest in the Customer. Further, all risk of loss or damage to the Product for any reason whatsoever shall pass to the Customer upon the signing of the Agreement. Notwithstanding the foregoing, d.light retains ownership of (i) the communication module that updates credits in the Product(s) and (ii) any and all intellectual property that is used to run the Product, in both cases even after the Total Purchase Price is paid. For the avoidance of doubt, all intellectual property rights, are the sole exclusive property of d.light and third parties, as applicable.
Inspection by D.LIGHT
The Customer grants to d.light, its employees or agents all reasonable facilities and opportunity for the inspection of the Product including but not limited to with respect to any unauthorized uses of the Product.
The Customer may be eligible to purchase other Products on offer from d.light from time-to-time.
d.light will repair or replace a Product, in accordance with the Warranty, terms and conditions provided by the Product manufacturer. The Warranty is valid only if the Product is used as instructed and is not tampered, opened, modified and/or used in other ways not authorized by d.light. The Warranty period is as set out in the instruction manual for the relevant Product.
Upon purchasing any Additional Product, the Warranty (including the Warranty period) for such Additional Product will automatically include the control box contained in any previously purchased Gateway Product. If the Product is faulty in any way, the Customer should promptly visit the nearest Service Centre or d.light shop for repairs or replacement.
d.light Agrees To
Inform of Approval
d.light will communicate approval or disapproval of the agreement to the Customer by SMS, email or phone call within 7 days, thereby granting a limited license for the use of the necessary software code.
Activate the Product
d.light will ensure the product is activated once the Advance Payment is received and, thereafter, whenever Customer’s d.light Account has a positive credit balance. d.light reserves the right to offer a customer a discount or any other preferential terms at its discretion.
d.light may use the Customer’s information, including Personal Information, to send the Customer notifications about activity concerning the Customer’s account, including but not limited to transactions processed through the Customer’s account and bill payment reminders. Furthermore, d.light may send advertisements and marketing materials for its products and services (including the Products).
End Billing when Total Purchase Price is paid
d.light will complete billing for the Device and end further Credit Fee requirements once the Total Purchase Price is paid. d.light retains ongoing ownership of the communications module (only) and reserves the right to reactivate the module and billing for additional products with the Customer’s consent.
No Refund of the Advance Payment
Under no circumstances shall d.light provide a refund for Products. d.light may provide a replacement, subject to the terms and conditions as set out in the Warranty and as set out in paragraph 6 below.
Repairs or Replacement in Warranty Period
d.light will repair or replace the Product in accordance with the Warranty terms and conditions. The Warranty is valid only if the Product is used as instructed and is not tampered, opened, modified or used in other ways not authorized by d.light. The Warranty period will commence on the day of this agreement or the date the Product is activated, whichever is earlier.
d.light agrees to protect Customer’s data and Personal Information in accordance with the prevailing data protection and consumer protection laws unless required to disclose such information by law or in accordance with these Terms and Conditions and other Terms. d.light shall take steps to ensure that the Customer’s information is treated securely and in accordance with the Terms. d.light relies upon information which is stored and processed on digital systems and networks and d.light cannot guarantee the security of any information provided to us by the Customer and we are not liable for any unintentional disclosure of such information. By using the Products and/or providing Personal Information to d.light, the Customer agrees that d.light may communicate with the Customer electronically regarding security, privacy and administrative issues relating to the Customer’s use of the Products.
d.light shall have absolute and sole ownership of the carbon credits obtained from the usage of the Product and of the data which is obtained by the Customer’s use of the Device.
Installation for x850 and other X series products
d.light shall train its agents on how to install the d.light TV and x-series upgradable Products and shall certify that such Products are in good working condition upon installation with confirmation by the Customer. Where the Customer chooses to install d.light TV and x-series Products on his or her own without the assistance of a d.light certified installer, the Customer shall be liable for any negligent handling which leads to the failure of the Product to perform as expected. This includes any damage or breakage suffered in the course of installation. The d.light Warranty extends to the failure of the Product to function due to any manufacturer defects notwithstanding whether the device is installed by a d.light installer or the Customer.