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 theGD SURYA 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 GD SURYA Product and to these Terms and Conditions.
1.1.4. “Credit Fee” means the units purchased by the Customer upon payment to GD SURYA 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
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.
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 GD SURYA whatsoever nor should they be made under any circumstances for the purchase of any Product.
IF THE CUSTOMER FAILS TO KEEP CURRENT ON THEIR CREDIT FEE PAYMENTS, GD SURYA 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, GD SURYA MAY DEACTIVATE THE CUSTOMER’S ADDITIONAL PRODUCT UNTIL THE CUSTOMER BECOMES CURRENT AGAIN IN THEIR CREDIT FEE PAYMENTS.
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 GD SURYA 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.
By accepting these Terms the Customer hereby consents to and authorizes GDSURYA 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.
Consent GDSURYA 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 GD SURYA 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 GD SURYA’s attention any inaccuracies in the credit information reported to a credit reference bureau for review before taking any action againstGD SURYA 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, GD SURYA 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.
Inspection by GD SURYA
The Customer grants to GDSURYA, 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 GD SURYA from time-to-time.
GDSURYA 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 GD SURYA. 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 GD SURYA shop for repairs or replacement.
GD SURYA Agrees To
Inform of Approval
GD SURYA 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
GD SURYA will ensure the product is activated once the Advance Payment is received and, thereafter, whenever Customer’s GD SURYA Account has a positive credit balance.GD SURYA reserves the right to offer a customer a discount or any other preferential terms at its discretion.
End Billing when Total Purchase Price is paid
GD SURYA will complete billing for the Device and end further Credit Fee requirements once the Total Purchase Price is paid. GD SURYA etains 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 GD SURYA provide a refund for Products.
Repairs or Replacement in Warranty Period
GD SURYA 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 byGD SURYA. The Warranty period will commence on the day of this agreement or the date the Product is activated, whichever is earlier.
GD SURYA 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.
GD SURYA 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
GD SURYA 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 GD SURYA TV and x-series Products on his or her own without the assistance of GD SURYA acertified 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 GD SURYA Warranty extends to the failure of the Product to function due to any manufacturer defects notwithstanding whether the device is installed by a GD SURYA installer or the Customer.