Mediamax Network, a company registered under the laws of Kenya whose registered address is: DSM Place, Kijabe Street, Nairobi (hereinafter referred to as K24Plus).
Typically the lowest unique bid format of reverse auction will be used by K24Plus in order to determine the successful bid, but can be defined as any other auction format used by K24Plus at its discretion.
An amount in Kenya Shillings that a Bidder has entered or intends to enter into the Auction. For the avoidance of doubt, bids are only accepted in Kenya Shillings as whole positive numbers starting at the lowest ksh1 and increasing in increments of 1 Ksh upwards.
BID ENTRY FEE
the amount in Kenya Shillings (Ksh) sent via Mpesa that it costs in order to enter the auction, e.g. Ksh50 to place each Bid, but may be varied by K24Plus at its discretion.
the User of the K24Plus auction that has placed or intends to place a Bid.
the Bidder who has placed the lowest Unique Bid at any given time.
the product(s) or other worthy inventory that is the focus of the Auction listing. Details of relevant product(s) or other inventory are listed on the Site and included in the marketing and media communications.
a Bid that has been placed on a specific Auction by a Bidder where at least one other Bidder has also placed an identical Bid on the same Auction.
RRP (Recommended Retail Price)
means the recommended retail price for a specific Item or items within our Auctions.
a Bid that has been placed on the Auction by a Bidder where no other Bidder has placed an identical Bid on the same Auction.
US, WE, OUR, K24Plus
or similar all mean Mediamax Network T/A K24Plus.
THE WEBSITE, OUR WEBSITE, THE SITE or THE WEBSITE
or similar all mean the website at: www.k24plus.com
The lowest unique bid in the Auction at the close of the auction.
The bidder with the lowest unique bid in the Auction at the close of the auction
YOU, YOUR, USER
or similar all mean The Website visitors or Users via Mpesa, or similar, either registered or otherwise.
2.3.1. violated any laws or the rights of third parties;
2.3.2. failed to honour payments due to Us;
2.3.3. used or attempted to use any unauthorised third party Bidding software;
2.3.4. used false or misleading information during registration or amendment of their details;
2.3.5. collaborated or attempted to collaborate with other Users in an attempt to increase the likelihood of being the Successful Bidder (in this instance collaboration also means a User creating more than one User Account);
2.3.6. created an Account despite being an employee of ours;
2.3.7. set up or attempted to set up multiple User Accounts.
3.1. We are required by law in some cases that certain communications from Us to You need to be in written form. You agree and accept that in most cases communication from Us to You shall be electronic format, i.e. in the form of SMS text message, or in some cases via emails or notices on Our Website. You agree that these electronic means of communication comply fully with any legal requirement that such communications be in writing and that any contracts, notices and other communications that We provide to You electronically constitute legal written communication.
3.2. Any notices or communications that You require to be issued to Us must be sent via email to firstname.lastname@example.org and detail Your name, address and registered telephone number. Any communications from our partners shall be deemed to be from US.
3.3. We may issue any notice to You via SMS on the number provided when registering, or email that You provide to Us when you contact us as per 3.2. above; and notice will be deemed received and properly served on the day an SMS is sent and one day after an email is sent. Further, You agree that in proving the service of any notice, it will be sufficient to prove that, in the case of SMS it was dispatched, and, in the case of an email, that such email was sent to the email address provided to Us by the User.
3.4. By signing up to the K24Plus Auction you agree to receive promotional and other messages via SMS and/or via our email mailing list so we can contact you from time to time regarding our latest offers, auction reminders and general information. This includes but is not limited to, information on auctions you have bid on and K24Plus offers.
3.5. K24Plus may share your information with our partners of any Auctions that you have bid on. This includes but is not limited to Your name & phone number, items You have bid on, etc.
4.1. Bidders may participate by entering their bids via mobile money with the following process:
4.1.1. Go to paybill 153333 or any of our other relevant paybill numbers as advertised from time to time on our website, or by our media partners, or other outlets
4.1.2. Use the account field to enter your bid amount together with the Keyword that identifies the relevant auction that You are bidding on, e.g. WEB 123
4.1.3. Insert the Entry Fee under the amount field (typically Ksh50 but can vary at Our discretion as advertised)
4.2. Bidders may participate by entering their bids via the Website with following process:
4.2.1. Go to k24plus.com
4.2.2. Select the auction that you wish to bid on and follow the instructions in the fields below
4.2.3. Select the option to bid online
4.2.4. Enter your phone number and bid amount (the relevant keyword is automatically assigned when bidding online)
4.2.5. Await the STK prompt on your phone and enter your Mpesa pin to complete the bidding process
4.3. Players will then receive one of a number bid status messages notifying them if their bid is:
4.3. During the auction, bidders receive in-auction alerts and give notification of when the auction is closing.
4.5. These notifications may include:
4.6. The final message that people will receive where applicable is the Successful Bidder message and how much they purchased the item for.
5.1. To place a Bid, You may choose between playing via the Website or Mpesa as outlined in the Entry Mechanism above.
5.2. We reserve the right to cancel or remove a User’s Bids at Our sole discretion if We believe that the User has acted fraudulently or is in breach of these Terms and Conditions.
5.3. All Bids are final and no refunds will be issued for Bid Entry Fees paid by You unless the Auction is terminated by Us. Your statutory rights are not affected by this term.
6.1. Auctions on Our Website follow a very simple structure and in order to provide You with the knowledge required to apply skill and judgement in the Auction, We provide You with the following data for the Auction on Our Website:
6.2. RRP: this information is provided to the best of Our knowledge where relevant and is usually provided by the manufacturer. We cannot guarantee that the RRP is correct but will always use Our best endeavours to ensure that the RRP listed is as accurate as possible.
6.3. The Bid Entry Fee: this is the amount it will cost You, via Mpesa Paybill, to place a Bid for the Item. The Bid Entry Fee may vary depending on the Auction, so check this amount prior to placing each Bid to ensure that You are comfortable with the Bid Entry Fee, typically Ksh50 per bid.
6.4. A Unique Bid is deemed to be a Bid that is the only Bid placed for a specific amount within the Auction. If a further Bid is placed by another User for the exact same amount, then both Bids are deemed to be no longer Unique (i.e. they both become Non-Unique Bids).
6.5. In the event that there is no unique bid, i.e. all bids ranging from the lowest Ksh1 up to the highest bid have two or more bids placed, the successful bid shall be the first in time to place the bid that is the lowest with the least number of bids placed on it.
6.6. Auction close: in the case of a fixed time Auction, the auction closes when the time allocated to the auction shall have expired. In these fixed time Auctions, the auction is initially created by Us with a defined amount of time, e.g. 24 hours, one week, etc. The type of auction is clearly displayed on the website and in the media and advertising for the auction.
6.7. Upon completion of the Auction, the Successful Bidder will receive confirmation of their success by SMS.
6.8. We reserve the right to:
. Limit the Auctions that You may participate in;
7.9. Further information about how the Auctions work in a simpler guide can be found in the FAQ sections of Our Website.
7.10. For the avoidance of doubt, any advice or help articles appearing on Our Website are intended solely as suggestions for techniques and should not be construed as providing a solution to becoming the successful bidder in the Auction. We accept no liability whatsoever for any actions taken by a User as a result of reading, or being informed about, any of the advice or written materials available on Our Website.
7.11. The Successful Bidder will pay K24Plus their bid amount. K24Plus, at its sole discretion may waive the requirement to pay by the bidder in lieu of testimonials and other marketing material supplied by the successful bidder.
7.12: Keywords. The K24Plus auction has a unique keyword, typically WEB that must be included by the bidder in the account name field of Mpesa together with the bid amount. At any given time, K24Plus accepts no liability for any mistakes made by bidders who do not follow the clear instructions provided herein and on the website and enter incorrect information into the account field when bidding.
7.13. Bid Increments: Bids are accepted in full shillings only. Cents, decimals or fractions thereof will be discarded and only the integer shilling amount will be accepted as a bid. K24Plus do not perform any rounding, up or down, on bids using cents, decimals or fractions, and bids including the same may at K24Plus’s discretion be accepted or denied.
7.14. In the event that a bidder refuses to or cannot accept the item that is offered in the auction, that bidder forfeits the auction item. In some circumstances, the next lowest unique bid may be deemed the successful bid and that bidder may be deemed to be and announced as the successful bidder, however this is solely at the discretion of K24Plus who may decide on an alternative course of action in such circumstances.
7.1. It is a condition precedent to formation of a Contract between the Successful Bidder and Us that the telephone number held by Us at the time of being announced the successful bidder in the Auction is valid and that the User can be reached by calling or text it via SMS. In the event that the telephone number is not correct, the Contract cannot be formed and the successful bid will be forfeited.
7.2. Upon completion of the Auction, the Successful Bidder will be required to confirm their registered telephone number by receiving a text from Us. We will attempt to call or text the Successful Bidder’s registered telephone number within two (2) working days of the Auction ending and may request that the User confirms some details from their Account in order to verify the User. In the event that the telephone number on file has voicemail, We will leave a message requesting that the User returns Our call to verify their Account. Alternatively, the Successful Bidder may call or email Us to request a call back. In any event, the only acceptable methods of verification is for Us to call and/or text You on the telephone number that You have provided as part of Your User Account details.
7.3. The Successful Bidder will have three (3) days from the close of the auction to confirm to K24Plus their information, if he or she does not confirm within this time period, K24Plus shall at their discretion presume the User does not want the item and it will be forfeited by the User.
8.1. Where We are unable to provide the Auction Item, We reserve the right to issue a full refund of the purchase price or RRP, which will constitute full consideration for the Item.
8.2. Your statutory rights are not affected by this section of these Terms and Conditions.
In the case of an outstanding payment of any kind and / or chargeback against the User, any Items delivered to the User will remain the property of K24Plus until such time as the amounts owed to Us are paid in full. During this time, You undertake to store the Item separately from Your other possessions and not take beneficial use of the Item until such time as the payment has been received and cleared in full.
10.1. The User expressly agrees that the use of the K24Plus auction is at User's sole risk. Neither K24Plus, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the K24Plus auction will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the K24Plus auction, or as to the accuracy, reliability or content of any information, service, or merchandise provided through K24Plus.
10.2. The K24Plus auction is provided on an "as is" basis; to the maximum extent permitted by law, K24Plus disclaims all representations and warranties, expressed or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, K24Plus does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.
10.3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of Contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that K24Plus is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
10.4. In no event will K24Plus, or any person or entity involved in the use of the K24Plus Auction, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the K24Plus auction. The User hereby acknowledges that the provisions of this section shall apply to all content on The Website.
10.5. In addition to the Terms set forth above neither, K24Plus, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained on Our Website, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, K24Plus, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
10.6. With regards to the Auction process and / or other elements of Our Website, We will not be liable for; any losses arising from Your negligence; any failure to follow Our instructions as to placing Bids; any use of websites linked to Our Website but not operated by Us; any loss or damage due to viruses or other malicious software that may infect Your computer equipment, software, data or other property caused by You accessing, using or downloading from Our Website, or from transmissions via emails or attachments received from Us; faulty operations of computers during Bid placement and / or for incorrect or overly slow transmission of Bidding data by the internet provider and / or any damage that occurs due to Bids submitted by You not being received by Us or not being received promptly or not being considered, as a consequence of technical faults with Our software or hardware (whether same are within Our control or otherwise).
10.7. We accept no liability for any indirect losses howsoever caused including without limitation; loss of income or revenue; loss of business; loss of profits or future contracts; loss of anticipated savings; loss of data; or waste of management or office time or space whether caused by tort, negligence, breach of Contract or otherwise, even if foreseeable.
10.8. For the avoidance of doubt, the above provisions do not in any way limit Our liability; for death or personal injury caused by Our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
11.1. We warrant to You that the Auction Item purchased from Us through Our Website is of satisfactory quality and reasonably fit for all of the purposes for which the Item of that kind are commonly supplied.
11.2. The Auction Item is sold with the manufacturer’s limited warranty only, where applicable.
11.3. With the exception of the warranties set forth above, K24Plus makes no other warranties, either expressed or implied, with respect to the auction Item, or any related services performed by K24Plus or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.
11.4. K24Plus shall not be liable for personal injury and property damage resulting from the improper handling, modification, misuse of the auction Item by the User or any other person following delivery by K24Plus. In no event shall K24Plus be liable to any person for incidental or consequential damages including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in Contract, tort or otherwise and whether in an action for breach of warranty or otherwise.
11.5. We accept no liability for any indirect losses howsoever caused including without limitation; loss of income or revenue; loss of business; loss of profits or future contracts; loss of anticipated savings; loss of data; or waste of management or office time or space whether caused by tort, negligence, breach of Contract or otherwise, even if foreseeable.
11.6. For the avoidance of doubt, the above provisions do not in any way limit Our liability; for death or personal injury caused by Our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
12.1. We endeavour to provide an efficient and error-free platform in Our Website for You to participate in the Bidding process. However, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). We therefore provide no guarantee or warranty for the constant and uninterrupted availability of Our Website and other systems. In addition We accept no liability for any damage that occurs due to Bids submitted by Users not being received by Us or not being received promptly or not being considered, as a consequence of technical faults.
12.2. Auctions may be temporarily suspended in the event of technical faults until such time as the issue has been resolved, such events are called ‘System Outages’. In the event that this occurs We will use Our best endeavors to return to normal service as quickly as possible; during the period of the technical fault, all Auctions may be suspended and will resume upon rectification of the fault. Any Bid Prices paid for Bids placed by a User that are not considered as a result of a technical fault will not be refunded.
12.3. Our Website is intended solely for use by residents of the Republic of Kenya and We do not accept orders from persons outside of this jurisdiction. Deliveries will only be made to the address provided.
12.4. Access to Our Website is granted on a temporary basis and We reserve the right to restrict or suspend access to The Website or close it indefinitely at any time We deem necessary without prior notice. You are personally responsible for making all arrangements necessary for You to gain access to Our Website.
In relation to the K24Plus logo text, the website k24plus.com, the K24Plus general character, are intellectual property of K24Plus and its partners, All Rights Reserved. The auctions platform and format are powered by and specifically remain the property of our partner.
14.1. Any dispute or claim arising out of or in connection with these Terms and Conditions or Items purchased (including non-contractual disputes or claims) will be governed solely by Kenyan law. Any dispute or claim arising out of or in connection with Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the Republic of Kenya.
14.2. We aim to limit the use of Our Website and services for people outside of the Republic of Kenya. If You access Our Website from any other jurisdiction You do so of Your own volition.
14.3. If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, Conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.1. We treat the protection of Your personal data with extreme care and will never disclose Your data to third parties for marketing or any other purposes, except in the case of our affiliates.
15.2. By participating in sponsored auctions you agree to allow our sponsor to email you further details of the product in the auction, during, before and after its running.
15.3. K24Plus acknowledges adherence to the Data Protection Act and other relevant Kenyan legislation and regulation in relation to data privacy.
Our Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to Our Website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
The Contract between You and Us is binding on You and Us and on Our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent. We may transfer, assign, charge, sub-Contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract. We are entitled to involve third parties to satisfy Our contractual obligations without being required to notify You.
18.1. We may at any time and at Our sole discretion revise these Terms and Conditions to reflect inter alia, changes in market Conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities. You will be subject to the policies and Terms and Conditions in force at the latest time that You accept them, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these Terms and Conditions (in which case We have the right to assume that You have accepted the change to the Terms and Conditions unless You notify Us to the contrary within seven days of receipt by You of the notification of the changes).
18.2. You may be required to agree to additional Terms and Conditions from time to time. Unless otherwise expressly provided by the additional Terms and Conditions, those additional Terms are hereby incorporated into these Terms and Conditions.
You are expressly prohibited from misusing Our Website in any way. In these Conditions misuse is defined as; introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful; gaining or attempting to gain access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website; attacking or attempting to attack Our Website via any denial of service attack or distributed denial of service attack; or, attacking or attempting to attack Our Website by any other means that is recognised as an attack vector.
We are not liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by any act, event, non-happening, omission or accident beyond Our reasonable control. Such events are called ‘Force Majeure Events’ and include particularly, without limitation; strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, implosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and, the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the force majeure event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the force majeure event to a close or to find a reasonable alternative solution by which We are able to perform Our obligation under the Contract despite the force majeure event.
21.1. These Terms and Conditions remain in full force and effect from acceptance until terminated by either party on 30 days’ written notice or unless terminated in accordance with these Terms and Conditions.
21.2. These Terms and Conditions take precedence over any information displayed on Our Website or any other publication at all times.
K24Plus is wholly owned by Mediamax Network, and the website running the auction and all of its sub-domains is a Website owned and operated by Us and powered by our partners.
23.1. We reserve the right to act upon Our sole discretion in implementing the Terms and Conditions. Further, We reserve the right to take action against anyone who, in Our opinion, is in breach of these Terms and Conditions. Such action includes, without limitation, terminating Your registration and terminating access to Our Site and Auctions on Our Site and via mobile money.
23.2. Our partners and Us are the owner or licensee of all intellectual property rights on Our Website and material published on it. All such material is protected by copyright laws and treaties around the world and all rights relating to the same are reserved. You may not modify or reproduce any digital or paper copies of any material either printed or downloaded from Our Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Further You may not use any of the materials on Our Website for commercial purposes.
23.3. We always use Our best endeavours to ensure that all descriptions on Our Website are as accurate as possible. However, We may sometimes not succeed and the Items offered may differ from those described on Our Website due to, without limitation; later production changes in specification, components or place of manufacture; inaccuracies on Our Website; or typographical errors, generally.
23.4. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between Us and You in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us and You, whether oral or in writing.
23.5. We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between Us and You prior to such Contract except as expressly stated in these Terms and Conditions.
23.6 In the event that you are the successful bidder, You will automatically be deemed to grant to K24Plus an irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the auction, Your full name (as well as Your nick name), hometown, photograph, and video materials without any claim for broadcasting, printing or other rights, for a period of up to thirty-six months from the date of the auction. You also give K24Plus the right to publish, for a period of up to thirty-six months from the date of the auction, any additional information that You voluntarily provide, and any testimonial or other commentary relating to the auction or the product, attributed by consent to you. You shall have no claim against K24Plus for invasion of privacy or on any other ground(s) by reason of the publication or broadcasting of Your Name, hometown, photograph, video materials, or information voluntarily provided by You.
23.7. Neither You nor Us will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy will be for breach of Contract as provided in these Terms and Conditions.
23.8. A waiver by Us of any breach or default hereunder shall not be deemed to be a waiver of any preceding or subsequent breach or default. Further, failure by Us to exercise any of the rights or remedies to which We are entitled under the Contract will not constitute a waiver of such rights or remedies and will not relieve You from compliance or performance of such obligations. No waiver by Us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to You by Us in writing.
23.9. All section headings within these Conditions serve solely to assist in reading and for convenience and shall not be given any legal import.
23.10. All bids entry fees re subject to and inclusive of VAT at the prevailing rate, together with any other applicable taxes that may arise from time to time.