Fees and Payment

Tivui Technologies, having its registered addressed at 4^th Floor, the RiverFront, Westlands (“Tivui”, “we”, “us” or “our”) is managing and operating the mobile application/website www.tivui.co.ke (collectively referred to as the “Tivui Platform”), through which it inter alia facilitates the sale of furniture and related products (“Products”) to the users of the Tivui Platform (“User” or “Users” or “you” or “your”).

WHAT IS THIS FEES AND PAYMENTS POLICY?

This Fees and Payments Policy (“FPP Policy”), together with the Terms of Use describes Tivui Technologies’ accepted payment methods, and Tivui Technologies’ policies and procedures in relation to acceptance of fees and payments towards the services offered through the Tivui Platform. Tivui Technologies’ primary object is to ensure that the Tivui Platforms are user friendly and equipped with reasonably expected security infrastructure to protect any financial information which may be shared by User.

User(s) are required to peruse and understand the terms of this FPP Policy. If you do not agree to the terms contained in this FPP Policy, you are advised not to accept the Terms of Use and this FPP Policy and may forthwith leave and stop using the Tivui Platform. The terms contained in this FPP Policy shall be accepted without modification and also, by using, browsing, accessing, or purchasing from the Tivui Platform, you agree to be bound by the term contained herein.

FEES AND PAYMENT OPTIONS

1. Tivui Technologies does not levy any fee for browsing the Tivui Platform. Tivui Technologies may in future, consider levying fees on the User for using the Tivui Platform as a whole, or for use of certain features of the Tivui Platform. In such an event, you agree to pay any such fees, as applicable. Tivui Technologies does not covenant or guarantee providing you with a notice prior to enforcing such a levy of fees. Your continued usage of the Tivui Platform after such change in the fees will be considered to be your acceptance of such changes.

2. In order to ensure the User’s convenience, Tivui Technologies offers multiple payment options to User. Tivui Technologies, without prior notice to User, reserves the right to add or delete payment options from the ones listed below:

• payment through net banking facilities;
• payment through select credit cards;
• payment through select debit cards;
• payments through prepaid payment instruments and electronic wallets;
• Any other payment option as may be provided by Tivui Technologies from time to time. The payment options referred to above shall hereinafter collectively be referred to as “Payment Options”. While reasonable endeavors are made to offer the Payment Options through varied banking channels, presently, Tivui Technologies accepts payments only from major select banking avenues. Tivui Technologies accepts payments made through international debit/credit cards.

3. It is expressly clarified that accepting a User’s payment through the Payment Options is solely at Tivui Technologies’ discretion. Tivui Technologies reserves the right to reject payment from a User through the Payment Options for any reason whatsoever. In order to further validate a User’s transaction, Tivui Technologies may request the User to submit a copy of the User’s photo identity proof (such as the User’s ID card), failing which, Tivui Technologies reserves the right to reject a User’s payment made through the Payment Options.

4. While using the Payment Options, User agrees to provide correct, complete and accurate financial information such as credit/debit card details or prepaid payment instrument account details which may be stored by Tivui Technologies’ third party payment gateway provider. User(s) shall not use a credit/debit card or prepaid instrument which is not lawfully owned by him/her or which the User has not been lawfully authorized to use. The User shall solely be responsible for the security and confidentiality of his/her financial information. Tivui Technologies disclaims all liabilities that may arise as a consequence of any unauthorized use of the User’s financial information and/or identity, including, details relating the Payment Options.

5. Tivui Technologies shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a User owing to:

• Lack of authorization for any transaction, including such transactions carried out on gift cards and vouchers issued to User(s) as a part of Tivui Technologies’ promotions.
• Exceeding of the credit/debit limit mutually agreed between the User and the issuing bank.
• Any payment issue arising out of technical glitches occurring during a transaction.
• Declination of transaction for reasons beyond Tivui Technologies’ control.

6. Tivui Technologies reserves the right to impose limits on the number of transactions a User may undertake over the Tivui Platform. Should the User exceed such transaction limits imposed by Tivui Technologies, Tivui Technologies reserves the right to refuse to process such transactions. Tivui Technologies may refuse to process transactions emanating from User(s) who have suspicious or questionable transaction history on the Tivui Platform. Should Tivui Technologies be dissatisfied with the credibility of a User or the genuineness of a transaction carried out on the Tivui Platform, Tivui Technologies shall have the right to reject such transactions. Tivui Technologies may also choose to delay the dispatch of Products purchased by such User or cancel the entire purchase at its sole discretion. The User agrees that Tivui Technologies shall not be liable for any damage, interests or claims resulting from Tivui Technologies’ decision to not process a transaction or delay in the processing of a transaction on account of a User’s suspicious activity on the Tivui Platform.

7. All the Products listed on the Tivui Platform are including all applicable taxes. You will be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses etc. Despite Tivui Technologies’ best efforts, there may be instances of mispricing of Products on the Tivui Platform during or after the process of purchase of Products has been carried out by the User. While thorough processes of verification are carried out prior to the publication of Product prices on the Tivui Platform, errors and discrepancies arising out of technical glitches and time lags is unavoidable. For avoidance of doubt, Tivui Technologies’ curative actions that will arise in the event of a price difference arising on the actual maximum retail price of a Products against the price published on the Tivui Platform is set out below:

• If the maximum retail price of the Products delivered to the User is lower than the price published on the Tivui Platform, the User shall, within 24 (twenty four) hours from the time when he/she received the Products, intimate us at hodi@tivui.co.ke in each case resulting in an acknowledgment. Upon Tivui Technologies being satisfied of the User’s claim, the difference in the purchase price against the maximum retail price shall be transferred into the User’s bank account within 15 (fifteen) days from the date of receiving the written notice from the User.
• If the maximum retail price of the Products listed on the Tivui Platform is higher than what has been published and if Tivui Technologies is not providing an offer or discount on such Products, Tivui Technologies shall have the right to reserve the dispatch of the purchased Products until the error on the Tivui Platform have been rectified and the User pays the difference amount. If the User refuses to pay the difference, the User is entitled to seek a cancellation and the amount paid by the User shall be transferred into the User’s bank account within 15 (fifteen) days by Tivui Technologies.

In order to process such refunds, the User will be required to send an email to us at hodi@tivui.co.ke  thereafter, the User will receive a refund into the User’s source account that was used to make the initial payment.

8. To enable User to make payments for purchasing Products on the Tivui Platform, in addition to this FPP Policy, the terms and conditions of the User’s bank, applicable financial institution and/or card issuing association may be applicable. The User’s bank, financial institution or card issuing association may decline or prevent the User from making electronic payments for buying the Products on the Tivui Platform and Tivui Technologies does not control the same and hence, shall not be at any point in time be held liable.

9. Tivui Technologies may, from time to time contract with third party payment service providers including banks, to open nodal bank accounts under applicable Kenyan laws. This will be done to facilitate the payments between User(s) and other third parties, apart from Tivui Technologies. These third parties may include other service providers including payment aggregators, prepaid instrument providers, courier and logistic service providers etc. Upon successful delivery of the products purchased by you through the Tivui Platform, Tivui Technologies shall initiate payments to third party service providers.

1. If it is brought to the User’s notice that a charge has been created on his/her payment instrument(s) for purchase of Products on the Tivui Platform and the User is not aware of such purchase on the Tivui Platform, the User is first, required to verify if his/her family members, friends or business colleagues were authorized to carry out the purchase of Products on the Tivui Platform. If, despite this, the User continues to be unable to identify the charge created on his/her payment instrument(s) for purchase of Products on the Tivui Platform, the User may report such unauthorized purchase to us within 10 (ten) days from the date on which the unauthorized purchase was carried out on the Tivui Platform in order to enable Tivui Technologies initiate investigations.

1. If the User carries out a purchase on the Tivui Platform and the payment in lieu thereof has been invalidated, Tivui Technologies reserves the right to retrieve the invalidated payment (“Invalidated Payment”). The User shall within 5 (Five) days from the date of receiving a written notice from Tivui Technologies, remit the Invalidated Payment into Tivui Technologies’ bank account, details of which shall be set out in the notice. If the User fails to remit the Invalidated Payment into Tivui Technologies’ bank account despite having received the notice, Tivui Technologies shall be entitled to initiate civil and/or criminal legal action against the defaulting User at his/her cost and peril.

Customer Support Team:

Any queries or concerns relating to the Fees and Payment may be directed by you to our customer support team who can be contacted at:

Contact Details: hodi@tivui.co.ke