KWAHERI BY ZELORA TERMS OF USE

Legal Entity: Zalen Ltd, Kenya
Product: Kwaheri by Zelora
Support Contact: support@myzelora.com

These Terms of Use explain the rules for using Kwaheri by Zelora, a digital memorial platform operated by Zalen Ltd.

By creating an account, creating a memorial, uploading content, sharing a memorial link, making a contribution, lighting a candle, using STK Push, requesting a withdrawal, or interacting with Kwaheri in any way, you agree to these Terms, our Privacy Policy, and our Refund & Cancellation Policy.

If you do not agree, please do not use Kwaheri.

1. What Kwaheri Does

Kwaheri is a digital platform that helps families and communities:

• Create mini-obituaries.
• Create e-eulogies.
• Create anniversary/remembrance pages.
• Share funeral, burial, and memorial service details.
• Receive tributes, condolences, photos, videos, and memories.
• Share contribution details or facilitate digital contributions where available.
• Generate shareable links, QR codes, and downloadable PDFs.
• Track contributions, expenses, and budgets where the feature is available.
• Collaborate with family members, editors, moderators, treasurers, and viewers.
• Access optional features such as candle lighting, templates, custom links, Concierge support, and commemorative books.

Kwaheri is a technology platform. We do not provide funeral directing, banking, legal advice, financial advice, medical advice, insurance services, estate administration, or trustee services.

2. Key Definitions

For clarity:

• “Kwaheri” means the memorial product operated under Zelora.
• “Zelora” means the wider product ecosystem operated by Zalen Ltd.
• “Platform” means the website, dashboard, memorial pages, payment interfaces, downloads, public pages, and related services.
• “Memorial” means any mini-obituary, e-eulogy, anniversary page, tribute wall, remembrance page, or related page created on Kwaheri.
• “Mini-obituary” means a digital announcement page for sharing funeral details, planning updates, contribution information, and tributes.
• “E-eulogy” means a digital memorial that may include biography, memories, photos, videos, hymns, order of service, program details, tributes, and downloadable PDF formats.
• “Anniversary page” means a remembrance page created after burial for yearly reflection, tributes, memories, and continued remembrance.
• “Memorial Administrator” means the person who creates or manages a Memorial.
• “Public Memorial” means a Memorial made publicly accessible through a public link, listing, search visibility, or public setting.
• “Private Memorial” means a Memorial restricted through private link, password, access controls, or other privacy settings.
• “Contributor” means a person who submits money, tributes, candles, memories, photos, videos, or messages.

3. Eligibility and Account Responsibility

To create or manage a Memorial, purchase a package, request withdrawals, or use contribution features, you must be at least 18 years old.

You are responsible for:

• Keeping your account secure.
• Protecting your password, OTPs, email, phone number, SIM card, and mobile money PIN.
• Ensuring your account information is accurate.
• All actions taken through your account.
• Informing us immediately if you suspect unauthorized access.

We may suspend or restrict accounts where there is suspected fraud, impersonation, misuse, unauthorized access, or breach of these Terms.

4. Memorial Creation and Authority

Kwaheri allows users to create Memorials quickly because funeral planning is often urgent.

However:

• We do not verify death at the point of creation.
• We do not verify kinship at the point of creation.
• We do not verify family, estate, or committee authority at the point of creation.
• Creating a Memorial does not mean Kwaheri confirms that the creator is authorized.

The person who creates the Memorial is treated as the initial Memorial Administrator unless we decide otherwise due to a dispute, verified complaint, fraud concern, or legal requirement.

As a Memorial Administrator, you confirm that:

• The information you provide is true and accurate.
• You have authority or permission to create the Memorial.
• You have permission to share photos, videos, names, contact details, family details, and funeral information.
• You have permission to share contribution details.
• You will not use Kwaheri to mislead, impersonate, defraud, or harm anyone.

5. Public and Private Memorials

Memorials can be Public or Private depending on settings selected by the Memorial Administrator.

Public Memorials

Public Memorials may be:

• Viewed by anyone with the link.
• Shared through WhatsApp, SMS, email, social media, or other platforms.
• Indexed by search engines.
• Screenshotted, copied, cached, archived, or redistributed by third parties.

Kwaheri cannot control what third parties do with content that users choose to make public.

Private Memorials

Private Memorials are intended to be accessible only through access controls such as private links or passwords. However, anyone with access may still share the link outside Kwaheri.

You are responsible for choosing the privacy setting that suits your family’s needs.

6. User-Generated Content

Users may submit:

• Funeral announcements.
• Family statements.
• Tributes and condolences.
• Photos and videos.
• Audio clips and voice notes.
• Biographies and life stories.
• Hymns, readings, poems, and speeches.
• Family member details.
• Funeral program details.
• Livestream links.
• Contribution messages.
• Candle messages.
• Anniversary reflections.
• Comments and memories.

You are solely responsible for the content you upload, approve, publish, or share.

You must not upload or publish content that:

• Is false, misleading, or fraudulent.
• Falsely states that a living person is deceased.
• Impersonates another person.
• Violates privacy rights.
• Violates copyright, image rights, trademark rights, or other intellectual property rights.
• Is defamatory, abusive, hateful, threatening, discriminatory, or unlawful.
• Discloses private information of living people without permission.
• Is intended to defraud contributors.
• Contains malware, spam, phishing links, or harmful code.
• Exploits grief or death for dishonest gain.

Kwaheri may remove, restrict, edit, disable, archive, or refuse any content or Memorial if we believe it creates legal, reputational, security, emotional, financial, or operational risk.

7. Content Ownership and Platform License

You retain ownership of the content you submit.

By submitting content to Kwaheri, you grant Zalen Ltd, Zelora, and Kwaheri a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, process, adapt, transmit, and distribute that content as needed to:

• Operate the Platform.
• Display Memorials.
• Generate PDFs, QR codes, and downloads.
• Provide technical support.
• Moderate content.
• Improve the Platform.
• Secure the Platform.
• Comply with legal obligations.

This operational license applies to both Public and Private Memorials only as needed to provide the service.

8. Marketing Use of Public Memorials

By setting a Memorial to Public, you grant Zalen Ltd, Zelora, and Kwaheri a non-exclusive, worldwide, royalty-free, perpetual license to use publicly visible content from that Public Memorial for:

• Marketing.
• Social media.
• Website examples.
• Product demonstrations.
• Investor pitch decks.
• Case studies.
• Educational materials.
• Public relations.
• Business development.
• Platform improvement.

This may include:

• Screenshots of Public Memorials.
• Public mini-obituary examples.
• Public e-eulogy examples.
• Public anniversary examples.
• Public tribute excerpts.
• Public photos or names already made visible.
• Public layout/design examples.

This marketing license applies only to Memorials explicitly set to Public.

Private Memorials, password-protected Memorials, and link-restricted Memorials will not intentionally be used in public marketing without explicit written consent.

You can opt out of future promotional use by:

• Changing the Memorial from Public to Private, where available.
• Contacting support@myzelora.com.

We may not be able to remove materials already printed, cached, archived, published, or shared before your opt-out request.

9. Copyright, Photos, Music, and Third-Party Rights

You confirm that you own or have permission to use any content uploaded to Kwaheri, including:

• Professional photos.
• Family photos.
• Videos.
• Music.
• Hymns.
• Audio recordings.
• Livestreams.
• Poems.
• Speeches.
• Funeral programs.
• Newspaper notices.
• Logos.
• Scanned documents.
• Images of living people.

If a third party claims that content violates copyright, privacy, image rights, or other rights, we may remove or restrict the content while reviewing the matter.

10. Notice and Takedown

Anyone may report content they believe is unlawful, defamatory, infringing, misleading, impersonating, fraudulent, abusive, or harmful.

Reports should be sent to support@myzelora.com and should include:

• Memorial link.
• Specific content being reported.
• Reason for the report.
• Evidence of rights or authority, where relevant.
• Contact details of the reporter.

After receiving a report, Kwaheri may:

• Remove content.
• Restrict access.
• Contact the Memorial Administrator.
• Request verification.
• Disable contribution features.
• Freeze edits or withdrawals.
• Preserve evidence.
• Restore content if the report is not substantiated.
• Take no action if the report is insufficient.

Kwaheri remains neutral in family disputes.

11. Passive Intermediary Status

Kwaheri is an interactive technology platform that hosts user-generated content.

We are not the author, editor, publisher, originator, verifier, or guarantor of:

• Memorial content.
• Funeral announcements.
• Family statements.
• Tributes.
• Photos.
• Videos.
• Comments.
• Contribution requests.
• Biographies.
• Funeral details.
• Candle messages.
• Public claims made by users.

Users remain solely responsible for what they create, approve, publish, and share.

12. Fake Death, Impersonation, and Fraud

You must not create or publish:

• A fake death notice.
• A Memorial for a living person falsely presented as deceased.
• A fake obituary.
• A fraudulent contribution page.
• A Memorial intended to mislead contributors.
• A Memorial pretending to represent a family, committee, church, funeral home, or next of kin without authority.
• Any page intended to obtain money dishonestly.

If we suspect fraud, impersonation, unauthorized fundraising, false death claims, cybercrime, or misuse, we may immediately and without notice:

• Suspend the account.
• Disable the Memorial.
• Freeze contribution features.
• Restrict withdrawals.
• Request identity verification.
• Request proof of death, family authority, burial documents, or related evidence.
• Preserve logs and transaction records.
• Disclose relevant metadata to payment providers, mobile money providers, regulators, law enforcement, the Directorate of Criminal Investigations, the Cybercrimes Unit, courts, or other competent authorities.

This metadata may include:

• Account details.
• Phone numbers.
• Email addresses.
• IP addresses.
• Device information.
• Access logs.
• Transaction references.
• Contribution records.
• Withdrawal records.
• Uploaded documents.
• Memorial content.
• Session data.

Users accept full responsibility for fraudulent or unlawful use of Kwaheri.

13. Contributions, Wallets, Payments, and STK Push

Kwaheri may allow users to:

• Share contribution details.
• Use M-PESA STK Push.
• Use paybill, till number, or send-money details.
• Track contributions.
• Use wallets where available.
• Request withdrawals where available.
• Track goals, expenses, and budgets.

Payments may be processed by third-party providers, mobile money providers, banks, or payment processors.

Kwaheri is not:

• A bank.
• A trustee.
• An escrow provider.
• A charity.
• A payment institution.
• A financial adviser.
• A fiduciary.

Unless expressly stated otherwise:

• Contributions are voluntary.
• Contributions are intended for the Memorial Administrator, family, committee, or designated recipient.
• Contributions are not donations to Kwaheri.
• Contributions do not create ownership rights, voting rights, fiduciary duties, or trustee obligations.
• Kwaheri does not guarantee that funds will be used for a specific purpose.
• Kwaheri is not responsible for family decisions on how funds are used.

14. STK Push and Third-Party Payment Disclaimer

Kwaheri may facilitate payments through licensed payment gateways, mobile money providers, banks, or payment processors, including M-PESA STK Push.

Kwaheri is not responsible for:

• Delayed STK prompts.
• Failed STK prompts.
• Transaction timeouts.
• Duplicate prompts.
• Incorrect phone numbers entered by users.
• Mobile network outages.
• Safaricom downtime.
• Gateway downtime.
• API interruptions.
• Payment reversals.
• Settlement delays.
• SIM-swap fraud.
• Unauthorized mobile wallet access.
• Lost or stolen phones.
• Device compromise.
• PIN disclosure.
• Bank delays.
• Third-party provider errors.

Users are responsible for securing their devices, SIM cards, phone numbers, passwords, and mobile money credentials.

15. Platform Fees

Kwaheri may charge:

• Package fees.
• Platform facilitation fees.
• Contribution facilitation fees.
• Candle fees.
• Payment processing fees.
• Withdrawal fees.
• Hosting fees.
• Renewal fees.
• Template fees.
• Custom-domain or personalized-link fees.
• Printing-related fees.
• Concierge or Bespoke Support fees.

Applicable fees will be shown where reasonably possible before payment.

Kwaheri may update pricing, packages, and inclusions at any time.

16. Withdrawals and Verification

Where wallets or withdrawals are supported, users may be required to verify their identity before funds are released.

Verification may include:

• Government-issued ID.
• Full legal name.
• Phone number verification.
• Selfie or likeness verification.
• Proof of relationship.
• Proof of death.
• Burial permit or funeral documents.
• Family or committee approval.
• Payment destination verification.
• Trusted representative details.

Kwaheri may delay, reject, suspend, or freeze withdrawals where:

• Verification is incomplete.
• Fraud is suspected.
• A family dispute exists.
• A complaint is received.
• A payment provider flags activity.
• A legal or regulatory issue arises.
• Receiving details appear incorrect or unauthorized.

Kwaheri does not guarantee withdrawal approval or withdrawal timelines.

17. Expenses and Budget Tracking

Kwaheri may provide expense and budget tools.

These may allow families to track:

• Contributions received.
• Total raised.
• Expenses.
• Vendors.
• Receipts.
• Paid amounts.
• Pending payments.
• Available balance.
• Budget goals.

These tools are provided for convenience and transparency only.

Kwaheri does not verify user-entered expenses, invoices, vendor claims, receipts, or budgets.

18. Vendors and Third-Party Services

Kwaheri may recommend, display, introduce, or connect users to third-party vendors such as:

• Florists.
• Printers.
• Funeral service providers.
• Casket providers.
• Transport providers.
• Event organizers.
• Livestream providers.
• Designers.
• Photographers.
• Other burial-related providers.

Unless expressly stated otherwise:

• Vendors are independent third parties.
• Vendor agreements are between the user and vendor.
• Kwaheri is not responsible for vendor quality, delays, non-delivery, pricing, substitutions, misconduct, or disputes.
• Kwaheri may receive referral fees, commissions, or listing fees.

19. Concierge and Bespoke Support

Kwaheri may offer Concierge, fully managed, or Bespoke Support services.

These may include:

• Memorial setup.
• Life story support.
• Memorial design.
• Contribution setup.
• Family coordination.
• Print-ready PDFs.
• QR codes.
• Personalized memorial links.
• Commemorative books.
• WhatsApp support.
• Other agreed services.

Concierge services depend on:

• Scope agreed with the user.
• Payment confirmation.
• Content provided by the family.
• Family approvals.
• Timelines.
• Third-party availability.

Kwaheri does not guarantee urgent delivery where required content, approvals, payment, or third-party inputs are delayed.

20. Personalized Links and Custom Domains

Kwaheri may offer personalized links such as:

• name.kwaheri.com
• Other branded memorial URLs.

These are subject to:

• Availability.
• Naming rules.
• Package status.
• Renewal.
• Technical limitations.
• Continued support.
• Non-infringement of third-party rights.

Kwaheri does not guarantee perpetual domain ownership, uninterrupted domain access, domain transfer rights, or availability of a specific name unless agreed in writing.

21. Downloads, PDFs, QR Codes, and Printed Materials

Kwaheri may provide:

• Downloadable PDFs.
• QR codes.
• Funeral program layouts.
• Memorial books.
• Contribution reports.
• Tribute compilations.
• QR posters.
• Memory archives.

Users must review all content before downloading, printing, publishing, or distributing materials.

Kwaheri is not responsible for:

• Wrong names.
• Incorrect dates.
• Typographical errors.
• Low-resolution images.
• User-approved mistakes.
• Outdated downloaded files after online updates.
• Printing defects caused by third-party printers.
• QR code misuse after sharing.

Where commemorative books are included, the quantity, format, timing, delivery terms, and submission deadlines are subject to the package description.

22. AI-Assisted Content

Kwaheri may provide AI-assisted writing, obituary suggestions, eulogy prompts, tribute suggestions, captions, or formatting support.

AI-generated content may be inaccurate, incomplete, inappropriate, culturally unsuitable, or emotionally misaligned.

Users remain responsible for reviewing, editing, approving, and publishing all AI-assisted content.

23. Collaboration and Roles

Memorial Administrators may invite collaborators such as:

• Editors.
• Moderators.
• Treasurers.
• Contributors.
• Viewers.

Collaborators may be granted access to edit content, approve tributes, manage media, view contribution information, or perform other actions depending on their role.

The Memorial Administrator is responsible for assigning appropriate roles.

Kwaheri is not liable for actions taken by collaborators invited by the Memorial Administrator.

24. Admin Access and Platform Support

Kwaheri administrators may access accounts, dashboards, Memorials, content, and technical records only where reasonably necessary for:

• Technical support.
• Security.
• Moderation.
• Fraud prevention.
• Payment troubleshooting.
• Compliance.
• Legal requests.
• Dispute handling.
• Platform maintenance.

Admin access may be logged.

25. Family Disputes and Succession

Kwaheri does not decide family, inheritance, customary, religious, burial, or estate disputes.

If a dispute arises, we may:

• Freeze edits.
• Restrict withdrawals.
• Disable public access.
• Request verification.
• Preserve evidence.
• Require a signed mutual agreement.
• Require a court order.
• Decline to act until the dispute is resolved.

If a Memorial Administrator is deceased, incapacitated, unreachable, or unable to continue, we may reassign control after reasonable verification. We are not obligated to do so where there is a dispute or insufficient evidence.

26. Availability and Preservation

Kwaheri aims to provide reliable hosting but does not guarantee permanent preservation, uninterrupted access, or error-free operation.

Users should keep their own backups of important content.

Kwaheri is not liable for:

• Downtime.
• Failed uploads.
• Corrupted files.
• Lost media.
• Expired subscriptions.
• Deleted accounts.
• Technical errors.
• Cyberattacks.
• Internet disruptions.
• Third-party infrastructure failures.
• Data loss.

27. Suspension and Termination

We may suspend, restrict, archive, delete, or terminate any account, Memorial, contribution page, wallet, withdrawal, or paid feature where we believe:

• These Terms have been violated.
• Fraud may be occurring.
• A Memorial is false or unauthorized.
• Content creates legal or reputational risk.
• Payment activity is suspicious.
• A family dispute exists.
• A legal request is received.
• Continued access may harm users, the public, or the Platform.

28. Disclaimer of Warranties

Kwaheri is provided “as is” and “as available.”

We do not guarantee that:

• The Platform will always be available.
• Memorials will always remain accessible.
• Content will be accurate.
• Contributions will reach a goal.
• Payment prompts will always succeed.
• A Memorial will not be disputed.
• Third-party vendors will perform.
• AI content will be accurate.
• QR codes or links will remain usable indefinitely.

29. Limitation of Liability

To the fullest extent permitted by law, Zalen Ltd, Zelora, Kwaheri, its founders, directors, employees, contractors, vendors, partners, and affiliates shall not be liable for:

• Indirect, incidental, special, consequential, punitive, or exemplary damages.
• Emotional distress arising from content, tributes, memories, disputes, or use of the Platform.
• User-generated content.
• Defamation by users.
• Copyright infringement by users.
• False memorials.
• Unauthorized fundraising.
• Family disputes.
• Contribution disputes.
• Payment failures.
• STK Push failures.
• SIM-swap fraud.
• Device compromise.
• Vendor failure.
• Data loss.
• Missed fundraising targets.
• Memorial inaccessibility.

Where liability cannot legally be excluded, our maximum liability is limited to the amount paid directly to Kwaheri for the specific paid package giving rise to the claim, excluding voluntary contributions intended for families.

30. Indemnity

You agree to indemnify, defend, and hold harmless Zalen Ltd, Zelora, Kwaheri, its directors, employees, contractors, partners, vendors, affiliates, and agents from claims, losses, liabilities, damages, costs, legal fees, regulatory actions, complaints, or proceedings arising from:

• Your use of Kwaheri.
• Your content.
• Your Memorial.
• Copyright infringement.
• Defamation.
• Privacy violations.
• False death claims.
• Impersonation.
• Unauthorized fundraising.
• Contribution disputes.
• Family disputes.
• Withdrawal disputes.
• Vendor disputes.
• Misuse of funds.
• Fraud.
• Breach of these Terms.
• Breach of law.

31. Force Majeure

Kwaheri shall not be liable for delays, failures, outages, or non-performance caused by events beyond our reasonable control, including internet failure, cyberattacks, telecom failure, payment provider failure, government action, civil unrest, labor disputes, pandemics, power outages, natural disasters, war, regulatory changes, or third-party infrastructure disruption.

32. Changes to These Terms

We may update these Terms from time to time.

Material changes may be communicated through the Platform, email, WhatsApp, SMS, or other appropriate channels.

Continued use after updates means you accept the updated Terms.

33. Governing Law and Jurisdiction

These Terms are governed by the laws of Kenya.

Any dispute shall be subject to the exclusive jurisdiction of the courts of Kenya.

34. Contact Information

Support: support@myzelora.com

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