1. DEFINITIONS AND INTERPRETATION 1.1 Definitions For the purposes of this Agreement and the preamble above, unless the context requires otherwise: Acceptable Use Restrictions has the meaning given to it in clause 5; Agreement means this Agreement; Account means your account with ONFON MOBILE; Credentials means your personal credentials used to access the USSD or Onfon Mobile Service App and operate your Account; Equipment means phone, tablet or any other equipment which when used, enables you to access the Onfon Mobile services. Onfon Mobile Services means Onfon Mobile’s services. Force Majeure Means events, circumstances or causes beyond its reasonable control of Onfon Mobile making Onfon Mobile service performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labour disputes, embargoes or government orders; Encumbrance includes any charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person; Licence Restrictions has the meaning given to it in clause 4; Mobile Money Account means your mobile money store of value, being the record maintained by Mobile Money Providers in Kenya of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System; Mobile Money means the money transfer and payments service operated by the Mobile Money Providers in Lesotho;
2. ACCEPTANCE OF TERMS AND CONDITIONS 2.1 You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Onfon Mobile Service (the Terms and Conditions) before downloading or Opening an account with Onfon Mobile Service which will govern the use and operation of the Account. 2.2 By downloading the Terms and Conditions and opening an Account with Onfon Mobile Service, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account and you affirm that the Terms and Conditions herein are without prejudice to any other right that Onfon Mobile Service may have with respect to the Account in law or otherwise. 2.4 These Terms and Conditions may be amended or varied from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. Onfon Mobile Service will take all reasonable measures to notify you of any changes.
3. GRANT AND SCOPE OF LICENCE 3.1 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the Onfon Mobile Service services on your Equipment, subject to these Terms and Conditions. We reserve all other rights. Except as expressly set out in this Agreement or as permitted by any local law, you agree: 3.1.1 Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; 3.1.2 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; 3.1.3 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program...