Wasoko Terms & Conditions
Welcome to Sokowatch (“Sokowatch”/the “Company”) and the Wasoko mobile application (the “App”). These terms & conditions (“Terms and Conditions”) or (“TnC”) apply to the website, app, and all of Sokowatch’s divisions, subsidiaries, and affiliate operated internet sites and mobile applications which reference these Terms and Conditions. This website and app is owned and operated by Sokowatch Group, and its public facing trading brand Wasoko (“Wasoko”). For the purpose of clarification, “seller”, “we”, “us” and “our” all refer to Sokowatch and its app Wasoko.
Sokowatch Group entities include Sokowatch Limited (Kenya), Sokowatch Limited (Rwanda), Sokowatch SMC Limited (Uganda), Sokowatch Company Limited (Tanzania), Sokowatch Trading Company (Zanzibar), Sokowatch Services (Zanzibar), Sokowatch Solutions Limited (Zambia), Sokowatch SUARL (Ivory Coast), Sokowatch SUARL (Senegal), Sokowatch Inc (United States), Sokowatch Private Limited (India), Sokowatch Trading Company DMCC (UAE) and all other Sokowatch entities incorporated in Future. The relevant Sokowatch Entity operating in your market of registration is the Sokowatch entity that will execute obligations to you under this Agreement.
Sokowatch Group reserves the right to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the App and notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the App following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Sokowatch to explain it to you before you accept the Terms and Conditions by continuing to use the App.
You confirm that you are at least 18 years of age. Our application is not meant for use by persons under the age of majority.
Both parties agree that this App may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this App.
You agree to give us legit credentials and a working payment method for your order to be processed.
Any order you place through our App will be confirmed by a success screen. Placing an order through the App does not establish a binding contract between both parties. Sokowatch reserves the right to cancel any order without notice at any time.
You agree to provide us with clear delivery instructions for us to be able to facilitate your order. These instructions will be given to the rider and he/she may contact you to confirm the exact delivery location with you.
We provide you with a delivery day (same day or next day) for the order based on the time when you placed the order. This should be factored in when you are placing the order. Sokowatch cannot, under any circumstances, be held responsible for any delays in processing the order. In case of late delivery any delivery fees still apply, and will not be voided. If Sokowatch cannot be able to deliver to your location, we will inform you using the contact details that you have provided.
Prices listed on the App are subject to frequent change. We reserve the right to change the delivery fees in the future. All pricing is quoted in Local Currency of the Country in which you are registered.
1. The Customer shall be entitled to return items unconditionally at point of delivery if the Customer is not happy with the quality of the product or has decided the product is no longer needed. The Customer has forfeited this entitlement if the products have been damaged by the Customer or if products are received at point of delivery. Goods once sold and delivered are not returnable.
2. The Customer will receive (a) replacement product(s) for the returned item(s). Wasoko may offer a very similar product as a replacement if the returned item(s) is/are out of stock. If the Customer does not want a replacement for the returned item(s), a store credit will be issued that can be used against future purchases. Cash refunds are not possible.
The Customer is allowed to cancel after it has been placed as long as the order is yet to be processed..
- If the order has already been processed, the Customer will have to inform the delivery driver of the intent to cancel the order which is when the delivery driver will process this as an order rejection.
- If the status of the order is yet to be processed, the Customer can cancel the order. No delivery fees will be charged.
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the App, information content on the App and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us.
Any unauthorized use of the material and content of this App is strictly prohibited and you agree not to, or facilitate any third party to, infringe our intellectual property, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Pictures used on the App and website are for illustration purposes only and may vary from the actual product.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Country of the Sokowatch entity to which you are registered as a customer:
- For Kenya, the laws of Kenya.
- For Uganda, the laws of Uganda.
- For Tanzania, the laws of Tanzania.
- For Zanzibar, the laws of Zanzibar.
- For Rwanda, the laws of Rwanda.
- For Zambia the laws of Zambia.
- For Ivory Coast, the laws of Ivory Coast.
- For Senegal, the laws of Senegal.
- For UAE- law of United Arab Emirates
- For United States- Laws of Delaware State without reference to its conflict of laws provisions
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the App and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this App in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Sokowatch shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the App or with any terms, conditions, rules, policies, guidelines, or practices of Sokowatch in operating the App, your sole and exclusive remedy is to discontinue using the App. You may file customer related complaints with [email protected]
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or subcontract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
Effective date: 2022-04-07
1.1. Sokowatch (“us”, “we”, or “our”) operates www.wasoko.com and the Wasoko App under it’s brand name “Wasoko” (hereinafter referred to as “Service”).
1.2. Sokowatch entities include Sokowatch Limited (Kenya), Sokowatch Limited (Rwanda), Sokowatch SMC Limited (Uganda), Sokowatch Company Limited (Tanzania), Sokowatch Trading Company (Zanzibar), Sokowatch Services (Zanzibar), Sokowatch Solutions Limited (Zambia), Sokowatch SUARL (Ivory Coast), Sokowatch SUARL (Senegal), Sokowatch Inc (United States), Sokowatch Private Limited (India), Sokowatch Trading Company DMCC (UAE) and all other Sokowatch entities incorporated in Future.
1.3. This Policy governs the relationship between You and the relevant Sokowatch entity you are registered to in your country of Service Registration.
2.1. SERVICE means the www.wasoko.com website and mobile applications Wasoko operated by Sokowatch.
2.2. PERSONAL DATA means data about a living individual who can be identified from that data (or from that and other information either in our possession or likely to come into our possession).
2.3. USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
2.4. COOKIES are small files stored on your device (computer or mobile device) that are used to identify your device as you use our Services.
2.6. DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively. Such as Safaricom
2.7. DATA SUBJECT is any living individual who is the subject of Personal Data.
2.8. THE USER is You, the individual using our Service. The User corresponds to the Data Subject, who is our customer using our services.
3. INFORMATION COLLECTION AND USE
3.1. We collect several different types of information for various purposes to provide and improve our Service to you.
3.2. Types of Data Collected include Personal Data. While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- First name and last name
- Shop name
- Shop type
- Date of Birth
- Location details
- Location & sublocation
- Shop area and sub area
- Photos of shop and Landmark
- Mobile number
- Selfie of owner of shop
- Front and back photo of national identity document
- Purchases linked to your account
3.3. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications by filing the Opt out form available here . In case of any further issues related to marketing and promotional messaging you may may email us at [email protected] with a copy to [email protected]
4. USAGE DATA
4.1. We collect information that your browser sends whenever you visit our Service or when you access Services from our Mobile App by or through any device (“Usage Data”).This Usage Data may include information such as your computer or your mobile Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
4.2. When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
5. LOCATION DATA
5.1. For App services including customer registration we collect, use and store information about your shop location as part of the requirements of contracting (“Location Data”). We use this data to undertake delivery of goods ordered, to provide features of our Service, to trouble shoot, improve and customize our Service.
5.2. For web browsing we may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.
Tracking Cookies Data
5.4. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
5.4.1. Session Cookies: We use Session Cookies to operate our Service.
5.4.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
5.4.3. Security Cookies: We use Security Cookies for security purposes.
5.4.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
6. USE OF DATA
Sokowatch uses the collected data for various purposes:
6.1. to enter into contract with you to provide and maintain our Service;
6.2. to notify you about changes to our Service;
6.3. to allow you to participate in interactive features of our Service when you choose to do so;
6.4. to provide customer support;
6.5. to gather analysis or valuable information so that we can improve our Service;
6.6. to monitor the usage of our Service;
6.7. to detect, prevent and address technical issues;
6.8. to fulfill any other purpose for which you provide this information;
6.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
6.10. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
6.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
6.12. in any other way we may describe when you provide the information;
6.13. for any other purpose with your consent;
6.14. to comply with Know your customer and other legal requirements and obligations.
7. RETENTION OF DATA
7.2. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
8. TRANSFER OF DATA
8.1. Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
8.2. The primary Sokowatch entity that is custodian of your data is the Sokowatch entity you have contracted with. If you are located in our markets of operation and choose to provide information to us, please note that we transfer the data, including Personal Data across Sokowatch entities. Current countries with Sokowatch entities include:
8.2.3. United Republic of Tanzania – includes Zanzibar
8.2.6. Ivory Coast
8.2.9. United Arab Emirates
8.2.10. United States
9. Disclosure of Data
9.1. We may disclose personal information that we collect, or you provide as highlighted below:
9.1.1. Disclosure for Law Enforcement: Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by law enforcement agencies.
9.1.2. Business Transactions: If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred as part of such business transaction.
9.1.3. Other cases. We may disclose your information also:
126.96.36.199. to our subsidiaries and affiliates;
188.8.131.52. to fulfill the purpose for which you provide it;
184.108.40.206. For corporate clients- for the purpose of including your company’s logo on our website as part of marketing our services;
220.127.116.11. for any other purpose disclosed by us when you provide the information;
18.104.22.168. with your consent in any other cases not covered in this policy;
22.214.171.124. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
126.96.36.199. to contractors, service providers, and other third parties we use to support our business such as:
188.8.131.52. Business processing outsourcing firms including those handling customer care, customer communications and payment collections.
184.108.40.206. Credit reference bureaus and other similar third parties offering credit scoring information, including reporting your credit histories with such parties.
220.127.116.11. IT service providers including Software developers, platform providers or cloud providers, bulk SMS suppliers, Mobile Network Operators.
18.104.22.168. Firms performing know-your-customer (KYC), fraud, anti-money laundering, anti-financial crime or similar screening directly or on our behalf.
22.214.171.124. Firms performing credit scoring or credit score model testing or similar services directly or on our behalf.
126.96.36.199. Insurance providers.
188.8.131.52. Data processing firms, analytics firms or search engines to help us analyze our customer data.
184.108.40.206. Research institutions and companies that help us with research relevant to our business segment.
220.127.116.11. Other business partners, suppliers and subcontractors for the performance and execution of any contract we enter into with them or you.
18.104.22.168. Advertisers and advertising networks to market products and services to you.
22.214.171.124. Other affiliated entities within the Sokowatch group of companies. Any person or entity who invests in or finances (or may potentially invest in or finance), directly or indirectly, Sokowatch, and any of such person’s affiliates, officers, directors, employees, professional advisers, auditors, insurers or insurance brokers, service providers, partners and any delegate, agent, manager, administrator, nominee, attorney, trustee or custodian of any such person.
126.96.36.199. When required by law, regulation, court order or other court proceedings.
10. Security of Data
10.1. The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
11. Service Providers
11.1. We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
11.2. Analytics: We may use third-party Service Providers to monitor and analyze the use of our Service.
11.3. CI/CD tools: We may use third-party Service Providers to automate the development process of our Service.
11.4. Advertising: We may use third-party Service Providers to show advertisements to you to help provide you with the best Market deals we can offer as well as to support and maintain our Service.
11.6. Payments: We may provide paid products and/or services within a Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
12. Children’s Privacy
12.1. Our Services are not intended for use by children or persons under the age of majority in the jurisdiction of operation. (“Child” or “Children”).
12.2. We do not knowingly collect personally identifiable information from Children or persons below the age of majority in any of our markets. If you become aware that a Child or someone under the age of majority has provided us with Personal Data, please contact us via [email protected] notifying us of the facts of the case so we can take appropriate action. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take commercially reasonable efforts to remove that information from our servers.
13. Your rights as a Data Subject
Subject to applicable data privacy laws:
13.1. you have the right to correct any personal information we hold on you that is inaccurate, incorrect, or out of date.
13.2. you have the right to object to processing of your personal information. We will assess your grounds of objection and where valid, we will no longer process your personal information, unless we are permitted to do so under the provisions of any written law.
13.3. you have the right to request that we stop processing your personal information if this processing causes or is likely to cause unwarranted substantial damage or distress.
13.4. you have the right to request that we stop processing your personal information for direct marketing purposes.
13.5. you have the right to confirm which of your personal information we possess and process and to request the identity of any third parties who have access to this information.
13.6. you have the right to request that any decision which significantly affects you is not based solely on automated decision making.
13.7. You have the write to complain – relevant contact information provided in the Complaints section of this policy.
15.1. We take complaints very seriously and strive to respond to your complaints in the shortest time possible. All customer or service-related complaints should be addressed to [email protected]
15.2. All privacy and data protection related complaints should be directed to [email protected]
16. DPO Contact
17. How to Contact Data Protection Authorities
Authorities can be contacted through their websites:
- Kenya- https://www.odpc.go.ke/
- Uganda- https://www.pdpo.go.ug/home
- United Republic of Tanzania (TBD on date of publishing this policy)
- Rwanda- https://dpo.gov.rw/
- Zambia (TBD on date of publishing this policy)
- Ivory Coast- https://www.artci.ci/
- Senegal- https://www.cdp.sn/