These Terms of Service ("Terms") constitute a legally binding agreement between you ("Subscriber", "User", "You") and Nurcana Company LTD ("Company", "We", "Us", "Our"). By accessing, subscribing to, or using our Mobile Value Added Service (MVAS) gaming platform ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
The Service provides interactive gaming content, entertainment applications, and related digital services accessible via mobile telecommunications networks operated by Safaricom PLC and its affiliates ("Network Operator").
3.1 ACTIVATION PROCEDURES:
You may activate the Service through the following authorized methods:
Activation constitutes your acceptance of these Terms and authorizes commencement of billing.
3.2 TERMINATION PROCEDURES:
You may terminate your subscription at any time by sending an SMS containing the keyword "GAMEPLAYOFF" to short code 27029. Termination shall take effect immediately upon processing of your cancellation request.
3.3 EFFECT OF TERMINATION:
Upon termination, your access to the Service will cease immediately, and no further charges will be incurred. However, you remain liable for all charges incurred prior to the effective termination date.
By subscribing to the Service, you represent, warrant, and covenant that:
The Company shall use commercially reasonable efforts to provide continuous Service availability. However, Service performance is contingent upon network coverage, infrastructure capacity, and technical factors beyond the Company's direct control.
The Company does not warrant or guarantee:
Scheduled maintenance activities may result in temporary Service interruptions. The Company shall endeavor to minimize such disruptions and provide advance notice where commercially practicable.
6.1 CONTENT LICENSE:
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the gaming content solely for personal, non-commercial entertainment purposes during your active subscription period.
6.2 CONTENT MODIFICATIONS:
The Company reserves the right to modify, update, or remove gaming content at any time without prior notice. No compensation shall be provided for such changes.
6.3 AGE RESTRICTIONS:
The Service is intended for users eighteen (18) years of age or older. Minors may access the Service only with proper parental or guardian consent and supervision.
6.4 PROHIBITED USES:
You are strictly prohibited from:
7.1 TERMINATION BY COMPANY:
The Company may suspend or terminate your access to the Service immediately and without prior notice if:
7.2 TERMINATION BY SUBSCRIBER:
You may terminate your subscription at any time using the procedures specified in Section 3.2. Termination does not relieve you of obligations for charges incurred prior to the effective termination date.
7.3 EFFECT OF TERMINATION:
Upon termination or expiration of these Terms:
8.1 DISCLAIMER OF WARRANTIES:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
8.2 LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR:
8.3 NETWORK OPERATOR RESPONSIBILITY:
Issues related to network connectivity, SMS delivery, billing system errors, or mobile account management are the sole responsibility of the Network Operator. The Company disclaims liability for such Network Operator-related matters.
9.1 DATA CONSUMPTION:
Use of the Service may result in mobile data consumption charged separately by the Network Operator according to your mobile service plan. The Company is not responsible for such data charges.
9.2 MONITORING OBLIGATION:
You are solely responsible for monitoring your data usage and associated charges. The Company recommends reviewing your mobile service plan terms and consulting with the Network Operator regarding data allowances and charges.
9.3 NO LIABILITY FOR DATA CHARGES:
The Company expressly disclaims any liability for data usage charges, excess data fees, or any other charges imposed by the Network Operator in connection with your use of the Service.
10.1 DATA COLLECTION:
The Company collects only essential information necessary for Service provision, including mobile subscriber identification, usage patterns, and billing data. Such collection is conducted in accordance with applicable data protection laws.
10.2 DATA USE AND SHARING:
Personal information is used solely for Service delivery, customer support, and billing purposes. The Company does not sell, rent, or otherwise disclose personal information to third parties, except:
10.3 DATA SECURITY:
The Company implements reasonable technical and organizational measures to protect personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission or storage is completely secure.
10.4 DATA RETENTION:
Personal information is retained only for as long as necessary to fulfill the purposes outlined herein or as required by applicable law.
The Company reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Material changes shall be communicated through the Service platform, SMS notification, or other reasonable means.
Continued use of the Service following notification of such changes shall constitute your acceptance of the modified Terms. If you do not agree to any modifications, your sole remedy is to terminate your subscription in accordance with Section 3.2.
The most current version of these Terms shall be available at https://nurcana.co.ke/terms/ and shall supersede all previous versions.
For support or inquiries:
Service Number: 27029
Website: https://nurcana.co.ke/terms
Customer Service: Available during business hours
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, the parties agree to first attempt resolution through good faith negotiations. If such negotiations fail within thirty (30) days, disputes may be submitted to binding arbitration in accordance with the Arbitration Rules of the Chartered Institute of Arbitrators (Kenya Branch).
The Company shall not be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond the Company's reasonable control.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make such provision valid, legal, and enforceable.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (i) your use of the Service; (ii) your breach of these Terms; (iii) your violation of any third-party rights; or (iv) any content you submit through the Service.
These Terms constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous communications, proposals, and agreements relating to the subject matter hereof.
You may not assign, transfer, or sublicense your rights or obligations under these Terms without the Company's prior written consent. The Company may freely assign these Terms without restriction.