TERMS OF SERVICE

Section 01About these terms

These Terms of Service (the “Terms”) form a binding agreement between you and Cooptalk Games, a service operated by Cooptalk Communications (the “Service Provider”, “we”, “us” or “our”), in respect of the Cooptalk Games subscription service (the “Service”) offered to Safaricom subscribers in Kenya through shortcode 23800.

By subscribing to, accessing or using the Service you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree with these Terms, do not subscribe to the Service, and unsubscribe immediately by sending QUIT to 23800.

These Terms should be read together with the service description published at the Cooptalk Games service details page, which forms part of this agreement.

Section 02Definitions

• “Content” means the games, images, sounds, text, software and other materials made available through the Service.
• “Network Operator” means Safaricom PLC, which provides the mobile network and billing platform over which the Service is delivered.
• “Shortcode” means the number 23800, used to subscribe to and unsubscribe from the Service.
• “Subscriber”, “you” or “your” means the person who has subscribed to the Service using a Safaricom mobile number.
• “Subscription” means your ongoing, daily-renewing right to access the Service in exchange for the Subscription Fee.
• “Subscription Fee” means the daily charge for the Service: KSh 15 per day or, on a day when your balance cannot cover KSh 15, a lower amount of not less than KSh 2, inclusive of all applicable taxes and levies. You are never charged more than KSh 15 in one day.

Section 03Eligibility

To subscribe to the Service you must:

• hold an active Safaricom prepaid or postpaid mobile number registered in Kenya;
• be at least eighteen (18) years of age, or have the express permission of the parent, guardian or account holder responsible for paying for the line;
• have a handset capable of accessing the internet through a web browser; and
• have sufficient airtime or account credit to pay the Subscription Fee.

If you subscribe using a mobile number that you do not own or are not authorised to use, you must unsubscribe immediately and notify us so that we can deactivate the Subscription.

Section 04Subscribing to the Service

You may subscribe to the Service by:

1. sending the keyword JOIN by SMS to 23800 from your Safaricom line; or
2. confirming your subscription on the Safaricom-hosted web consent page for Cooptalk Games, where the service name and the daily charge are displayed before you confirm.

A Subscription is only created following a positive, deliberate opt-in from your line. You will receive an SMS confirming the Subscription, the Subscription Fee, the billing frequency and the method of cancellation. Your Subscription begins on the date of that confirmation.

Standard SMS charges levied by the Network Operator may apply to messages you send to the Shortcode.

Section 05Charges, billing and daily renewal

• The Subscription Fee is up to KSh 15 per day, inclusive of all applicable taxes.
• Variable daily charge: each day we first request KSh 15. If your balance is insufficient, we may request a lower amount later that day (KSh 10, KSh 5 or KSh 2). Only one charge is taken per day, and never more than KSh 15 in total.
• The first Subscription Fee is charged upon activation of your Subscription.
• The Subscription renews automatically every twenty-four (24) hours and the Subscription Fee is charged on each renewal.
• Charges are deducted from your Safaricom prepaid airtime balance or applied to your postpaid account by the Network Operator on our behalf.
• Charging continues for as long as your Subscription remains active. It stops only when you unsubscribe.
• Charges for data used while accessing or playing games are levied separately by the Network Operator at its prevailing rates and are not included in the Subscription Fee.

We may vary the Subscription Fee in accordance with Section 16. Where the Subscription Fee changes, you will be notified in advance and given the opportunity to unsubscribe before the new fee takes effect.

Section 06Insufficient balance and suspension

If, on a renewal day, your airtime balance or account credit is insufficient to pay the Subscription Fee at any of the amounts in Section 5:

• the charge will not be applied and your account will not be placed into arrears or debt;
• your access to the Service will be paused until a renewal is successfully charged;
• we may re-attempt the charge later on the same day or on subsequent days while your Subscription remains active; and
• access is restored automatically upon the next successful charge.

Important: a paused Subscription is not a cancelled Subscription. If you do not wish charging to resume when you next top up, you must unsubscribe as set out in Section 7.

Section 07Cancelling your Subscription

You may cancel your Subscription at any time, without giving a reason and without penalty, by:

1. sending the keyword QUIT by SMS to 23800 from the subscribed Safaricom line;
2. tapping Unsubscribe on the My subscription page while using the Service on the subscribed line; or
3. emailing support@cooptalkcommunications.com stating the Safaricom number to be deactivated.

Cancellation by SMS or online is free of charge and takes effect immediately. You will receive an SMS confirming that your Subscription has ended. No further Subscription Fees will be charged after cancellation.

There is no minimum contract period, no notice period and no cancellation fee. Access to the Service ends when the Subscription is cancelled.

We may suspend or terminate your Subscription where you breach these Terms, where required by the Network Operator or a regulator, or where we reasonably suspect fraudulent or abusive use.

Section 08Refunds

Subscription Fees already charged for periods during which the Service was available are non-refundable. However, we will investigate and, where a claim is upheld, refund or credit charges that were:

• applied to your line without a valid opt-in;
• applied more than once for the same day; or
• applied during a prolonged failure of the Service attributable to us.

To make a claim, contact support@cooptalkcommunications.com with your Safaricom number and the dates concerned. We aim to resolve billing claims within fourteen (14) days.

Section 09The Service and its Content

The Service provides access to a catalogue of browser-based mobile games. The Content is provided on an “as is” and “as available” basis and is intended for personal, non-commercial entertainment only.

We may add, remove, replace or modify games and other Content at any time without prior notice. The composition of the catalogue at the time you subscribe is not guaranteed for the duration of your Subscription.

The Service does not include gambling, betting or any activity in which money is staked or won. There are no in-game purchases: the Subscription Fee is the only charge levied by us.

Section 10Acceptable use

You agree not to:

• copy, reproduce, distribute, sell, sub-licence or publicly perform any Content;
• reverse engineer, decompile, tamper with or attempt to extract the source of the Service or its Content;
• use automated tools, scripts or emulators to interfere with gameplay, scoring or our systems;
• attempt to gain unauthorised access to the Service, other subscribers' accounts, or our infrastructure;
• use the Service for any unlawful purpose or in a manner that infringes the rights of others; or
• resell or commercially exploit access to the Service.

Breach of this section may result in immediate suspension or termination of your Subscription without refund.

Section 11Availability and interruptions

We aim to keep the Service available at all times, but we do not warrant uninterrupted or error-free operation. The Service may be unavailable or degraded because of network coverage, handset limitations, planned maintenance, upgrades, third-party failures or events beyond our reasonable control.

We may modify, suspend or withdraw the Service, in whole or in part, at any time. Where we withdraw the Service permanently, we will give reasonable notice by SMS and will not charge Subscription Fees for periods after withdrawal.

Section 12Intellectual property

All intellectual property rights in the Service, the Cooptalk Games name and logo, and the Content belong to us or to our licensors. Your Subscription grants you a limited, personal, non-exclusive, non-transferable and revocable licence to access and play the Content for your own entertainment during the period of your Subscription. No other rights are granted.

Section 13Data protection and privacy

We process personal data in accordance with the Data Protection Act, 2019 of Kenya and applicable regulations.

What we collect. Your Safaricom mobile number, your subscription and billing status, the date and method of your opt-in and opt-out, and technical information about your use of the Service such as game sessions, device type and browser.

Why we collect it. To create and manage your Subscription, to process charges, to deliver the Content, to provide customer support, to prevent fraud and abuse, to improve the Service, and to comply with legal, regulatory and Network Operator obligations.

Who we share it with. The Network Operator and the aggregators and technical partners who operate the Service Delivery Platform, our content and hosting providers, and regulators or law enforcement where we are legally required to do so. We do not sell your personal data.

How long we keep it. For as long as your Subscription is active and thereafter for the period required to meet our legal, tax, regulatory and dispute-resolution obligations.

Your rights. You have the right to access the personal data we hold about you, to have inaccurate data corrected, to request erasure, to object to or restrict processing, and to lodge a complaint with the Office of the Data Protection Commissioner. To exercise these rights, contact support@cooptalkcommunications.com.

Messages we send. By subscribing you consent to receive service messages relating to your Subscription, including activation, renewal, billing and cancellation notices. These are not marketing messages and will continue while your Subscription is active.

Section 14Role of the Network Operator

The Service is provided by us, not by Safaricom PLC. Safaricom provides the mobile network, the shortcode and the billing platform through which the Subscription Fee is collected on our behalf.

Safaricom is not responsible for the Content or the operation of the Service, and is not a party to these Terms. Your use of the Safaricom network, including voice, SMS and data services, remains governed by Safaricom's own terms and conditions and tariffs.

Section 15Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded under the laws of Kenya, including rights you have as a consumer under the Consumer Protection Act, 2012.

Subject to that, and to the maximum extent permitted by law:

• we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data, goodwill or anticipated savings;
• we are not liable for loss or damage arising from network unavailability, handset incompatibility, data charges levied by the Network Operator, or matters outside our reasonable control; and
• our total aggregate liability to you in respect of any claim is limited to the total Subscription Fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim.

Section 16Changes to these Terms and to the Service

We may amend these Terms, the Subscription Fee or the features of the Service from time to time, for example to reflect changes in law, regulatory requirements, Network Operator requirements, costs or the Content offering.

The current version of these Terms is always published at this address, with the effective date shown at the top of the page. Where a change is material — in particular any increase in the Subscription Fee — we will notify you in advance by SMS. Continuing to use the Service after a change takes effect means you accept the amended Terms. If you do not accept them, send QUIT to 23800 before the change takes effect.

Section 17Complaints and customer support

If you have a complaint about the Service, a charge or the handling of your personal data, email support@cooptalkcommunications.com with your Safaricom number and a description of the issue. We acknowledge complaints within two (2) working days and aim to resolve them within fourteen (14) days.

If you are not satisfied with our response, you may escalate the matter to Safaricom customer care, or to the Communications Authority of Kenya, which regulates premium rate and value added services in Kenya.

Section 18Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, including the Kenya Information and Communications Act and regulations made under it.

The parties will first attempt to resolve any dispute amicably through the complaints process in Section 17. Any dispute that is not resolved within thirty (30) days may be referred to the courts of Kenya, which have exclusive jurisdiction.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later.

Section 19Contact us

Cooptalk Games — a value added service operated by Cooptalk Communications, Nairobi, Kenya.

• Support email: support@cooptalkcommunications.com
• Shortcode: 23800
• To subscribe: SMS JOIN to 23800
• To unsubscribe: SMS QUIT to 23800
• Web: games.cooptalkcommunications.com