Terms of Use

SMARTPIKA LIMITED CUSTOMER TERMS AND CONDITIONS

Version No. 012

Issued Date: 06 February 2025

These terms and conditions (hereinafter referred to as the "Terms"), as set out in this document apply to the provision of Pay As You Go eCooking service by SmartPika Limited, a limited liability company incorporated in the United Republic of Tanzania with its registered office at Pika Kwa Jero House, Ilenge Street, Chanika, P.O. Box 4018, Dar es Salaam, Tanzania (SmartPika) to a person who request this Service from SmartPika (the Customer).

These Terms are applicable to all SmartPika Products unless clearly stated otherwise. These Terms as well as the SmartPika customer privacy policy (the "Privacy Policy") which is available at www.smartpika.com, are explicitly incorporated into the Service Application & Purchase Agreement. The Customer ("You") should therefore carefully read the below Terms together with Service Application & Purchase Agreement and the Privacy Policy. Acceptance of the Service Application & Purchase Agreement shall constitute acceptance of these Terms and the Privacy Policy.

SmartPika may revise these Terms, or Privacy Policy, at any time and Customer use of SmartPika Product following such a revision constitutes Customer acceptance of such revised Terms. Please contact SmartPika Customer Services if You have any questions about their interpretation or meaning.

1. Definitions:

1.1. These Terms use certain capitalized terms that are also used in the Service Application and Purchase Agreement. Any capitalized terms that are used in these Terms and not otherwise defined have the same meaning as in the Service Application and Purchase Agreement.

These Terms also have the following additional defined terms:

1.1.1. "Account" means an account number assigned by SmartPika to a Customer used for purposes of receiving Customer payment for purchasing eCooking minutes through mobile money providers.

1.1.2 "Agent" an authorized person with a licenced business premise, selling SmartPika Products and is complying with the laws.

1.1.3 "Agreement" means the Service Application and Purchase Agreement entered into between SmartPika and the Customer, Customer Privacy Policy and these Terms.

1.1.4 "Alternative working Product" means a Product which is not new but can perform the Services just like a new product.

1.1.5 "eCooker" or "eCooking appliance" means an electronic cooking appliance supplied by SmartPika or its agents.

1.1.6 "eCooking Minutes" or "eCooking Rights" means the minutes purchased by the Customer upon payment to SmartPika which allow the Customer to Unlock Product through SmartPika Mobile APP according to the number of minutes paid for.

1.1.7 "Initial Payment" the amount of money paid by the Customer to SmartPika or an agent in order to obtain SmartPika Product.

1.1.8 "Lock" or "Locked" means the configuration applied to the Product that disallows customer to use the product.

1.1.9 "Option Period" means a period not exceeding twelve (12) months from the date Customer receive the Product from SmartPika or its agent.

1.1.10 "Product" or "SmartPika Product" or "Customer Product" means an eCooking appliance with SmartPika brand providing SmartPika Services.

1.1.11 "Purchase option" means a right to have a complete ownership of SmartPika Product.

1.1.12 "SmartPika Services" or "SmartPika eCooking Service" or "Services" means enjoying the benefits of cooking using SmartPika Product(s).

1.1.13 "Unlock Product" means the configuration applied to the Product that allows customer to use the product.

1.1.14 "Unlock Permanently" means the configuration applied to the Product that allow Customer to use the Product without a need to buy eCooking minutes.

2. Provision of SmartPika eCooking Service

2.1 In consideration of the Customer making the full Initial Payment to SmartPika or its Agent, the Agent or SmartPika will provide the Product to the Customer to use SmartPika Services subject to the Agreement, and these Terms shall be deemed incorporated in the Agreement and binding upon the Customer.2.2 The risk in the SmartPika Product shall pass to the Customer upon delivery by the agent or SmartPika. "Delivery" is completed when Customer share to SmartPika or an agent a secret password received in a registered phone number of a Customer via a message to confirm Customer receiving of the Product.

2.3 The Customer shall be required to buy eCooking Minutes to use SmartPika Product, by signing the Agreement the Customer understand that SmartPika Product lock automatically and stopping the Service when the paid minutes are consumed.

2.4 By using SmartPika Product, the Customer understands that if he / she is not buying eCooking Minutes frequently will result in financial loss to SmartPika. The customer agrees to purchase a minimum of One Thousand eCooking Minutes (1,000) in each month herein referred to as the minimum monthly eCooking Minutes.

2.5 By signing the agreement, the Customer has a purchase option, which require the Customer to purchase the required eCooking Minutes within an option period in order for it to be exercised.

2.6 If the purchase option is exercised, the Product will unlock permanently, the Customer will receive a notification of ownership transfer through a registered phone number and the Customer will be discharged from purchasing minimum monthly eCooking Minutes and these Terms.

2.7 The Customer agree that if the purchase option expired, the Customer will be transferred into a Lifetime Plan and be required to buy eCooking Minute at an increased price as decided by SmartPika and shall notify the Customer by sending a message with price changes through a registered phone number when he / she is transferred into a Lifetime Plan.

2.8 The Customer will give to SmartPika a complete and accurate details of the Customer's Address, mobile phone number and any other alternative phone numbers that the Customer would wish to be contacted during reasonable hours regarding Customer account. The Customer agrees that where the alternative phone numbers belong to third parties, Customer shall have obtained third party's consent before sharing such phone numbers with SmartPika.

2.9 The Customer agree that it shall be Customer sole responsibility to keep Customer contact information current, by informing SmartPika of any changes to the contact information and the Customer will be deemed to have received any notice issued based on the contact information provided by Customer to SmartPika, whether or not Customer actually receive the information or not.

2.10 By reason of Customer signing the Agreement, the Customer may be identified by SmartPika as eligible for various promotions and offers. The Customer will receive an SMS or WhatsApp notification informing the Customer of the available promotions and the applicable Terms. Customer may choose to opt out of receiving such promotions and offers by emailing pika@smartpika.com.

3. Consent Verify Customer Information

3.1 By accepting these Terms, The Customer hereby consents to and authorizes SmartPika to report and verify the Customer's credit history, credentials, national identity, and/or mobile money history with any registered credit reference bureau, mobile service provider and/or such other data base.

3.2 The Customer may withdraw Customer consent at any point during the process by refusing any further permission requests. SmartPika takes no responsibility for any error, delay, failure, or non-availability of the credit scoring service, and Customer shall hold SmartPika harmless against any detriment, damage, or loss Customer may sustain as a result of non-favourable credit information, non-availability of credit information, or any error, delay, failure, or non-availability of the service.

4. Training on Product Use

4.1 SmartPika or its agent shall train Customer on how to use the Product and the Customer shall certify that the Product is in good working condition by sharing a training confirmation code send by SmartPika to Customer registered phone number to SmartPika or its agent at time of registration.

4.2 Where Customer choose to share the code while the training was not sufficient, Customer shall be liable for any negligent handling which leads to the failure of the Product to perform as expected.

5. Instalment Plan For the Initial Payment

5.1 When Customer elect to subscribe into SmartPika eCooking Service through selecting an instalment Plan for the Initial Payment, then:

• a) Customer will pay at least 20 percent as the first instalment payment to SmartPika upon submission of an online application or signing the Agreement with SmartPika or its agent.
• b) The Customer shall continue to pay the remaining balance until the required Initial Payment amount is paid in full.
• c) When full payment is received, SmartPika shall provide details of a nearby agent who shall deliver SmartPika Product to the Customer and provide all necessary trainings to the Customer.
• d) All payments must be made through SmartPika pay bill number communicated by SmartPika to Customer.
• e) Customer is required to include an account number which has been assigned to him / her while making payment to SmartPika.

5.2 Where a Customer drop an interest to subscribe into SmartPika eCooking Service before the Product is delivered to the Customer or before making a full payment to SmartPika, Customer agree no refund shall be paid by SmartPika.

6. Payment For SmartPika eCooking Services

6.1 In consideration of the provision of eCooking Services by SmartPika to the Customer, the Customer will be required to buy eCooking minutes from SmartPika to use SmartPika Product.

6.2 Customer is required to buy eCooking Minutes via Mobile Money Services, and SmartPika only accept payments for eCooking Minutes from the Customer, via Mobile Money Services to SmartPika pay bill numbers communicated to the Customer from time to time.

6.3 Customer is not allowed to make any payment (in cash or otherwise) directly to any SmartPika employee or SmartPika agent in order to buy eCooking minutes. If the Customer is ever requested to make a payment directly to any SmartPika employee or agent, the Customer must report through SmartPika helpline as communicated from time to time.

6.4 Within an option period, Customer will buy eCooking Minutes from SmartPika and SmartPika will sell to the Customer eCooking Minutes to use SmartPika Product at an affordable price. SmartPika shall set the prices for eCooking Minutes in compliance with relevant laws and shall communicate those prices to customers on a regular basis.

6.5 SmartPika reserve the rights to change the price for eCooking minutes at any time and to notify such change in the price to its Customer through a text message in the phone number provided by the Customer.

6.6 The Customer shall make an initial purchase of eCooking Minutes to SmartPika as communicated by SmartPika from time to time in order to start using SmartPika Product.

6.7 Each time SmartPika receives payment via Mobile Money Service from the Customer for buying eCooking Minutes, SmartPika shall credit the account of the Customer with eCooking Minutes as per the payment received, which the Customer shall use to cook his / her foods.

7. Early Exercise of Purchase Option

7.1 Whenever Customer elect to exercise purchase option within the first 11 months from receiving SmartPika Product, Customer may be entitled to receive early settlement discount from SmartPika.

7.2 SmartPika shall communicate the required payment (net of discount), upon receiving a request from Customer.

7.3 Customer will be required to make a one-off payment in full, within 10 minutes of receiving the one – off payment in order to take a complete ownership of the product.

7.4 Customer may also contact SmartPika Customer Service in order to know the required one-off payment.

7.5 Upon acknowledging receipt of one – off payment, the purchase option will be exercised, and the Customer will be relieved from all other obligations included in the Agreement, these terms and the Product will be unlocked permanently.

8. Third Party Charges

8.1 The Customer acknowledge that from time-to-time Customer may communicate with SmartPika via USSD code to perform certain transactions on Customer Account or by making phone calls to SmartPika through his mobile phone number to speak to SmartPika Customer Service.

8.2 The Customer acknowledge that he / she needs to install SmartPika APP in his smartphone in order to add eCooking Minutes into the Product as trained by SmartPika or its agents.

8.3 The Customer agree that he / she will maintain an internet connection with sufficient bandwidth to support communication connections between SmartPika APP and the Product.

8.4 The Customer agree that all such communication to SmartPika or SmartPika Product is made possible by third-party service providers and is subject to third-party charges. The Customer agree that all charges payable to third-party service providers, including all applicable taxes, are Customer sole responsibility.

9. Return of the Product

9.1 Customer may return the Product in any condition to SmartPika or its agents at any time during the term of the Agreement.

9.2 If the Customer return SmartPika Product, SmartPika or its agent in their sole and absolute discretion, may opt to refund some amount to Customer.

9.3 The Refund amount (if any) will be paid to Customer in Cash by SmartPika or its agent, it is the responsibility of Customer to confirm receiving the refund money before sharing a code sent to his mobile phone created by SmartPika or its agent to finalize the return of the Product.

9.4 If the Customer Product is returned or the Customer is refunded by SmartPika or its agent in accordance with these Terms, the Customer is released from any obligation under the Agreement and these Terms.

10. Obligations of SmartPika

10.1 SmartPika will communicate to Customer its approval or disapproval of Customer Application for SmartPika Product by SMS or email within seven (7) days of receiving Customer KYC documentation.

10.2 SmartPika will ensure the Product is unlocked whenever Customer Account has sufficient eCooking Minutes. SmartPika shall not accept responsibility if a Product does not receive eCooking Minutes due to third party system or network outages which result in a failure for a Product to receive eCooking Minutes.

10.3 If the Customer forgot his / her Bluetooth password, the Customer shall immediately notify SmartPika through Customer Service helpline, SmartPika shall help the customer to create a new password.

10.4 SmartPika shall provide instructions and training to Customer as to how to use SmartPika Product in a safe manner, and in a way which keeps the cooking costs of the Customer to a minimum.

10.5 SmartPika shall provide and maintain a helpline for the Customer to call in the event the Customer cannot use SmartPika Product as intended or the Customer has any questions or concerns regarding SmartPika Product.

10.6 If any changes to SmartPika Product are required as a result of changes to applicable laws, statutes or regulations from time to time in force, SmartPika may (in its sole discretion) change Product as it considers necessary in order to comply with any such change to applicable laws, statutes or regulations, or by notice to the Customer of stopping business.

10.7 If the Customer fail to fulfil Customer contractual obligations including buying the required monthly minimum eCooking minutes, SmartPika may disable the Customer Account and impose re-activation fee at the sole discretion of SmartPika.

10.8 If Customer fail to unblock Customer Account or return the Product to SmartPika or its agent within a period of three months following the Account deactivation, the Customer credit history may be reported to a credit reference bureau and the Customer may not be eligible for any Services from SmartPika.

10.9 SmartPika may, at any time upon notice to the Customer, cease selling eCooking Minutes to the Customer and (either itself or through an agent) take the necessary steps to recover SmartPika Product from the Address of the Customer. Cessation and recovery is most likely to occur where the Customer fails to purchase the minimum eCooking Minutes for three consecutive months.

10.10 Where SmartPika repossesses the Product from the Customer (whether voluntary or otherwise), the Customer shall have no entitlement to receive and will not receive any refund for amounts which they have paid to buy eCooking Minutes, and SmartPika shall have no obligation to make payment to the Customer of any such refund.

11. Obligations of Customer

11.1 Customer undertakes to SmartPika that he / she shall only use SmartPika Product in accordance with the instruction's manual and training which SmartPika provides to Customer from time to time, which includes the following conditions:

• a) only use SmartPika Product for cooking foods
• b) use SmartPika products in accordance with the user manual.

11.2 Report to SmartPika as soon as the Product or any part of it stops working or is lost, stolen, moved from the Customer's home.

11.3 Continue to use the Product for cooking on a regular basis.

11.4 Report to SmartPika on the available hotlines any suspected threat.

11.5 Not to allow the Product to be operated by children or anyone who has not been trained by SmartPika.

11.6 Provide to SmartPika all information and documents as may be reasonably required by SmartPika in connection with the Services, and ensure the information and documents provided are accurate and complete.

11.7 Always comply with any requirements that may be notified to the Customer by SmartPika, including via SMS or telephone calls from time to time.

11.8 Customer further undertakes to SmartPika during the term of its relationship with SmartPika, Customer shall not, and shall not allow any other person to:

• 11.8.1 use the Product in any way other than in accordance with the instructions and training provided by SmartPika to the Customer.
• 11.8.2 change, modify, tamper with, move or dispose of the Product or any part of it, or attempt to disconnect any part of the Product, or allow any other person to do so;
• 11.8.3 grant any security, collateral, lien or any other encumbrance over the Product or any part of it;
• 11.8.4 move any part of the Product; or
• 11.8.5 disclose to any person any confidential information concerning the business, affairs, customers, customers or suppliers of SmartPika.

11.9 The Customer agree that any tampering and/or modification the Product(s) shall constitute wilful destruction of SmartPika property and may result in criminal charges being brought against any person, whether Customer or a third party, found to have tampered and/or modified the Product(s) in the manner described herein. SmartPika also reserves the right to pursue any other civil remedies available to it against such person.

11.10 The Customer agrees not to attempt to alter the administration rights granted to SmartPika on the Product and any attempt to do so violate the intellectual property rights of SmartPika and the relevant Product manufacturer.

11.11 The Customer agrees to maintain the confidentiality of its passwords to access the Product, regularly change such passwords, take all commercially reasonable efforts to prevent unauthorized misuse or misappropriation and, in the event of such, be responsible therefor and promptly notify SmartPika thereof.

12. Warranties

12.1 SmartPika will repair or replace a Product, in accordance with the warranty terms stipulated in the Service Application and Purchase Agreement and these Terms. The warranty is valid only if the Product is used as instructed and is not tampered with, opened, modified and/or used in other ways not authorised by SmartPika, the Agreement and these Terms.

12.2 The warranty period is as set out in the Service Application and Purchase Agreement. for the relevant Product. SmartPika reserves the right not to accept any Product that is returned under warranty.

13. Lost, Stolen or Damaged Products

13.1 Customers agree that SmartPika is not responsible for the recovery of lost or stolen Product. If Customer Product is lost or stolen at any point it is Customer responsibility to report the matter to the appropriate authorities.

13.2 Customer further agree that if the Product is lost, stolen or damaged before the Customer has purchased the required eCooking minutes, Customer agree to pay for the remaining eCooking minutes even if Customer is not using the Product.

13.3 Where Customer purchase the Product with an insurance cover and the Product is thereafter lost or stolen, then provided Customer meet SmartPika insurance claim qualification criteria Customer will be eligible for a replacement 'alternative working Product' (subject to any other applicable terms and condition).

14. SmartPika Product Repair Service

14.1 SmartPika shall only offer free Repair Service to Customers with a valid purchase option and Customers who have selected to purchase Repair Plan, in each case in accordance with this clause.

14.2 Approval from SmartPika customer service is required before a Product can be returned to SmartPika service centre or agent or shop for repair or replacement. Once approval has been obtained, Customer is required to return a faulty Product to the nearest SmartPika agent or authorized service centre for repairs or replacement. SmartPika or its agents shall collect the faulty Product from the Customer and perform its own tests. SmartPika shall repair or decide to issue an alternative working Product to the Customer at its own discretion.

14.3 SmartPika has repair service plan to Customers whose have exercised their purchase options and wants to continue access the network of SmartPika agents for repairing their Products for free. Customers who are interested to subscribe into the plan and pay monthly Repair Service Fee as provided by SmartPika.

14.4 The parties agree that at any time when the Repair Service Fee or any part of it remains outstanding, then the Customer shall not be entitled to receive the repair service from SmartPika or its agents.

14.5 The parties agree that amounts received by SmartPika from the Customer other than purchase of eCooking Minutes shall be deemed to be payments of Repair Plan and shall be applied towards satisfaction of the Repair Service Fee.

14.6 Customer is required to make payment for Repair Service Fee to SmartPika via Mobile Money Service to SmartPika pay bill numbers communicated from time to time.

14.7 Customer whose option has expired are not entitled to subscribe into Repair Service Plan. In case such Customer wants his Product to be repaired by SmartPika or its agents, such Customer shall make payment to SmartPika or its agents for repair service in a single instalment, which shall immediately become payable, and which must be paid in full by the Customer before SmartPika or its agent will provide the repair service.

15. SmartPika Product Parts

Where the Customer wants to purchase an additional spare part to be used with his / her SmartPika Product, Customer shall obtain a quotation and make payment for Spare Parts to SmartPika or its agent in cash and collect the required Parts.

16. Intellectual Property Rights

16.1 Customer agrees that SmartPika and/or the Product manufacturer (as applicable) shall at all times retain ownership to all of its intellectual property (whether registered or not) (the "Product Intellectual Property") that is used to operate the Product and the data generated therefrom, in both cases even after Customer has taken a complete ownership.

16.2 Customer agrees not to tamper, open, alter the administration rights, reverse engineer, misappropriate or modify and/or use the Product Intellectual Property in any other way not authorised by SmartPika and/or the Product manufacturer (as applicable) or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Product warranty, void any right to a refund and result in a fundamental breach of the Agreement.

17. Customer Data

17.1 To enable SmartPika to fulfil its contractual obligations under the Agreement or any Data Protection Law, SmartPika needs to process the Customer Personal Data for purposes which include the following:

• a. processing applications for SmartPika Product and Services, effecting payments, transactions, effecting recovery of Product from Customer's premises by SmartPika or its authorised agents where required, and completing the Customer's instructions or requests;
• b. providing products and services to Customer, including the Repair Service;
• c. assessing suitability for other products and services;
• d. credit assessment, including conducting credit checks and setting credit limits and credit scoring;
• e. marketing new and existing products and services and making announcements;
• f. business analytics, research, survey and statistical purposes;
• g. complying with any legal, governmental or regulatory requirement or for use by SmartPika legal advisors in connection with any current or anticipated legal proceedings;
• h. video surveillance including CCTV to keep SmartPika or agent premises, investors, customers, staff, lawful visitors and property safe and secure;
• i. providing anonymized or pseudonymized data (which do not contain any information which may identify Customer as an individual) to third parties including for research and scientific purposes;
• j. administration of any of SmartPika online platforms or websites or mobile Applications.

17.2 Customer hereby gives his / her consent for SmartPika to (i) collect, process and store certain data about and relating to the Customer including the personal data (Customer Personal Data) (for all intents and purposes, Customer Personal Data shall include the Customer's alternative contact person's or next of kin's personal data as provided by the Customer or their representative to SmartPika) and for SmartPika to (ii) appoint processors to process the Customer Personal Data in order to fulfil or better perform its contractual obligations with the Customer and enhance its products and services.

17.3 Customer has available to it the rights under Data Protection Laws and SmartPika will ensure that the collection, processing, storing and transferring of personal data is done in accordance with the Data Protection Laws and SmartPika Data Protection Policy, which may be accessed via SmartPika website www.smartpika.com.

17.4 SmartPika may opt to appoint sub-processors and shall undertake Data processing in line with the Data Protection Laws. The Customer is hereby informed that SmartPika, in fulfilling its obligations under these Terms, may store and/or transfer Customer Data outside Tanzania, which transfer will be effected in accordance with the Data Protection Laws and therefore the Customer hereby consents to SmartPika transfer of Customer Personal Data outside Tanzania in accordance with the Data Protection Laws.

17.5 SmartPika 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 Product. The Customer hereby agrees to transfer all of their rights to the emission reductions, together with any other related environmental commodity, realized from the use of the Product to SmartPika. Through continuing to use the Product, the Customer hereby relinquishes carbon offset credits developed in connection to the usage of the Product to SmartPika.

18. Limitation of Liability

18.1 SmartPika shall not be liable to the Customer, whether in contract or tort, for breach of statutory duty or otherwise arising under these Terms or otherwise in connection with its relationship with the Customer for loss of profits or anticipated savings, loss of sales or business, loss of agreements or contracts, loss of or damage to goodwill, or any indirect or consequential loss.

18.2 SmartPika total liability to the Customer, whether in contract, tort, for breach of statutory duty or otherwise arising under these Terms or otherwise in connection with its relationship with the Customer, shall be limited to the aggregate value of payments for eCooking minutes made by the Customer to SmartPika over the three-month period immediately preceding the date of notice of the claim submitted by the Customer to SmartPika.

19. Force Majeure

19.1. For the purposes of these Terms, Force Majeure Event means any circumstance not within SmartPika reasonable control including without limitation acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary approval, authorisation, licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; and interruption or failure of utility service.

19.2. If SmartPika is prevented, hindered or delayed in or from performing any of its obligations as set out in these Terms by a Force Majeure Event, SmartPika shall not be in breach of these Terms or otherwise be liable for any such failure or delay in the performance of such obligations.

19.3. Upon the occurrence of a Force Majeure Event, SmartPika will use reasonable endeavours to notify the Customer of the Force Majeure Event, the likely or potential duration of the Force Majeure Event, and the effect of the Force Majeure Event on the ability of SmartPika to perform any of its obligations under these Terms. Further, SmartPika will use reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations under these Terms.

19.4. If the Force Majeure Event prevents, hinders or delays SmartPika performance of its obligations for a continuous period of more than six months, SmartPika may terminate its relationship with the Customer by notice to the Customer, following which the Customer shall be responsible to return the Product to SmartPika.

20. Termination

20.1 The Customer may terminate its relationship with SmartPika at any time by returning the Product back to SmartPika at an address where SmartPika operates and be eligible for a refund as per these Terms. Unless otherwise, any Product returned to SmartPika must be clean, well-maintained and in good working order.

20.2 SmartPika may terminate this Agreement, if at any time:

• 20.2.1 The Customer breaches any of its obligations as set out in these Terms.
• 20.2.2 the performance by SmartPika of its Services in accordance with these Terms is prevented or delayed by any act or omission of the Customer; or
• 20.2.3 the Customer is unable to buy the required minimum monthly eCooking Minutes for more than four (4) consecutive months or is declared to be bankrupt, or an application is made to court or an order is made or any other action is taken with an analogous effect in connection with the Customer, SmartPika may cease providing Services and may, by notice to the Customer, terminate its relationship with the Customer and take all steps and actions which may be necessary for SmartPika to recover the Product from the Address and refund the Customer as per these Terms.

21. General

21.1 The relationship between SmartPika and the Customer is personal to the Customer, and the Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms. SmartPika may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights in the relationship between SmartPika and the Customer or under these Terms, and may subcontract any of its obligations as set out in these Terms.

21.2 In the event there is a conflict or inconsistency between these Terms and the signed Service Application and Purchase Agreement, these Terms shall apply and take precedence.

21.3 A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by SmartPika to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

21.4 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but shall not affect the validity and enforceability of the rest of these Terms. Further, if any provision or part-provision of this agreement is deemed deleted, any continued use by the Customer of the Products shall be and is deemed to be an agreement that the provision is deemed to have been replaced with a provision which, to the greatest extent possible, achieves the intended commercial result of the original provision.

21.5 These Terms constitute the entire agreement between SmartPika and the Customer and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them whether written or oral, relating to its subject matter.

21.6 These Terms set out the relationship between SmartPika and the Customer, and these do not create any rights to any other person to enforce any provision of these Terms.

21.7 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation shall be governed by and construed in accordance with the laws of United Republic of Tanzania.

21.8 SmartPika and Customer irrevocably agree that the courts of Tanzania shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.