Terms & Conditions

Last Modified: Jan 5, 2023

Acceptance of the Terms of Use

These Taka Earth Terms and Conditions (“Taka Earth T&Cs”), together with any documents they expressly incorporate by reference (collectively, “Taka Earth Terms of Use”), are entered into by and between You and Earth Crave Limited, a Private Limited company registered in Kenya, and its direct and indirect wholly owned subsidiaries (collectively, “Company,” “we,” or“us“)

Please read Taka Earth Terms of Use carefully before you start to use Taka Earth’s USSD shortcode *384*80#, taka.earth and/or all associated services (“Taka Earth”). By using Taka Earth or by clicking to accept or agree to Taka Earth ’s Terms of Use, you accept and agree to be bound and abide by Taka Earth T&Cs, Company’s Terms of Use and Company’s Privacy Policy, incorporated herein by reference. If you do not want to agree to Taka Earth T&Cs, Company’s Terms of Use or Company’s Privacy Policy, you must not access or use Taka Earth

Taka Earth is offered and available to users who (i) are 18 years of age or older, reside in the Republic of Kenya or any of its territories, and (ii) are a resident of a county that is enrolled in Taka Earth Rewards Program (“Enrolled County”). By using Taka Earth, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use Taka Earth

We may revise and update Taka Earth T&Cs from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Taka Earth thereafter

Your continued use of Taka Earth following the posting of revised Taka Earth T&Cs means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you

Additional terms and conditions regarding specific recycling programs may be imposed by county governments and/or haulers. Please direct any non-Taka Earth related questions or comments, such as those regarding a specific recycling program you enrolled in, to the designated contact of your county government, haulers, or other responsible parties directly

Taka Earth Rights Reserved

Taka Earth may (i) change the amount of Taka Earth Points in any Account as a result of the Account holder’s failure to comply with Taka Earth Terms of Use, (ii) change the number of Taka Earth Points required to redeem a Reward, or use for various activities (e.g. donations), (iii) change the number of Taka Earth Points that may be earned for various earn opportunities, (iv) impose limits and/or fees on Taka Earth Points earnings and/or on the redemption of Taka Earth Points, (v) change the list of Rewards and/or Rewards Partners available, (vi) change the name of the currency from Taka Earth Points, add additional currencies, determine the value of any new currency as compared to Taka Earth Points (conversion rate), (vii) as permitted by its third party contractual obligations, cancel any of the earn opportunities, Rewards offerings or any other redemption options or program(s), (viii) modify, suspend, or discontinue the taka.earth (“Website”), any of the programs available and/or other associated services through our Website with or without notice at any time or (ix) update the list of Enrolled County Governments

Definitions

“Account” means a password protected online record kept by Taka Earth of accrued balance of Taka Earth Points by the Member, account credits and debits by the Member and all data about the account that may be collected from the Member or from third parties. Each account will have a unique account number assigned by Taka Earth
“Good Standing” means the Member (i) has registered and accepted Taka Earth Terms of Use, (ii) has not terminated their Account or their participation in the Rewards Program, (iii) has not been determined by Taka Earth to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem Taka Earth Points in any way that is not consistent with the rules or intent of Taka Earth, and (iv) is not in default under Taka Earth ’s Terms of Use
Enrolled County: Counties that are enrolled in the Taka Earth Rewards Program
Enrolled Redeeming Partners: Vendors or Retailers or other partners that provide a redemption service of the Taka Earth Points and any other rewards as may be appropriate from time to time
“Member” means a qualified individual who has registered an Account on behalf of the Participating Member he/she belongs to
“Participating Member” means all qualified individuals residing or working, as the case may be, at the same street address as the Member
“Taka Earth Points” represent a point value awarded to the Account, for Qualifying Recycling and other Reward Earning Transactions and other Marketing Partner transactions (as defined below), which may be redeemed by a Member or any authorized member of the Participating Member for Rewards so long as the Member is in Good Standing. Taka Earth Points are, at all times, the property of Taka Earth
“Qualifying Recycling and Reward Earning Transaction” means engaging in any specific actions offered by Taka Earth as a reward earning opportunity for which a Member receives Taka Earth Points
“Reward(s)” are issued by Taka Earth’s Reward Partners and may be tendered to Member in the form of electronic promotion codes, offline reward mailers, goods, services or they may be transmitted through a combination of these means or in gift certificate format by the Partner or by Taka Earth. Members may receive Rewards by redeeming Taka Earth Points as per the terms and conditions described on the Website for each Reward Partner
“Reward Partners” are entities and individuals that provide and/or honor Rewards. The list of participating Reward Partners is subject to change at any time, and specific Rewards are not guaranteed to be available at all times. Reward Partners are not agents, employees, contractors, partners, or subcontractors of Taka Earth, and the Rewards offered are subject to change from time to time at the discretion of the Reward Partner and/or Taka Earth. Participation by any Reward Partner should not be taken as an endorsement, either express or implied, of the Rewards Partner or its products or services by any of the participating county governments, haulers, material recycling facilities or Taka Earth
“Rewards Program” is offered by Taka Earth in conjunction with certain Taka Earth Reward Partners, which may include county governments, waste/recycling companies, manufacturers, retailers, and other third parties

Taka Earth Rewards Program Overview

Taka Earth helps create a more sustainable future by rewarding people for taking green actions every day with discounts and deals from local and national businesses. Our goal is to increase recycling rates, reduce greenhouse gas emissions, encourage smarter transportation choices, strengthen local economies, and help people realize the financial benefits of making greener choices every day. We provide our members (“Member,” “Participating Member” or “you”) with opportunities to earn points (“Taka Earth Points”) through our Rewards Program for certain everyday green actions. Taka Earth Points can be redeemed for rewards (“Rewards”) at local and national Reward Partners and/or Marketing Partners in categories

Earning and Accruing Taka Earth Points

You must register a Taka Earth Account to earn Taka Earth Points. Each Participant or Member shall only create one Account and use it for Taka Earth Rewards purposes. You agree to provide true, accurate and complete information about yourself and to promptly update such personal information when it changes by visiting the “Account Settings” section of the Website. If you provide any information that is untrue or inaccurate, outdated, or incomplete, or if we reasonably suspect that your information is untrue or inaccurate, outdated, or incomplete, we may, at our discretion, suspend or terminate your membership, revoke accrued Taka Earth Points and/or Reward orders, and deny current or future access to Taka Earth
Your Account must be in Good Standing to accrue and/or redeem Recycle Points. If your Account ceases to be in Good Standing, all the Taka Earth Points in your Account will terminate, and you will forfeit all accrued Taka Earth Points immediately. You are responsible for all activities occurring under your Account and for keeping your username and password private and secure at all times. You shall provide Taka Earth with prompt notice in the event you suspect that your Account may have been compromised
For informal waste collectors and recyclers, the method of calculation of Taka Earth Points will be determined by Taka Earth and each Enrolled County Government or Reward Partner collectively, at our discretion and is subject to change without notice. If any Participating Member contaminates the recycled materials with any non-recyclable items of any kind, the Participating Member may, at Taka Earth’s sole discretion, be subject to forfeiture of Taka Earth Points or dismissal from the Rewards Program. Monthly accrual of Taka Earth Points earned through the informal waste collection, drop off at the Taka Stand or pick up is subject to a maximum or cap established by Taka Earth, which may vary by area, be adjusted based upon the number of paid containers in use by the Participating Member and change at Taka Earth’s sole discretion at any time without notice. The current monthly accrual of Taka Earth Points is also subject to change at Taka Earth’s sole discretion at any time without notice
Generally, the crediting of Taka Earth Points will be completed within two (2) weeks of a collection. If the data from such collection is not accessible, not readable, or otherwise inaccurate, Taka Earth reserves the right to credit the Account Taka Earth Points based upon the Member’s average weight and/or the hauler ’s average weight per Member for the route in question

No Cash Value or Transfer

Taka Earth Points (i) do not constitute property of the Member, (ii) are not transferable to another Account or Member, (iii) cannot be combined with Taka Earth Points for another Account unless specifically made available to a Member under certain conditions that are set by Taka Earth, (iv) are not redeemable for cash or any other form of currency or credit (v) have no fixed or ascertainable cash value, and (vi) cannot be returned, exchanged, refunded or replaced by cash, Taka Earth Points or other Rewards, except as expressly stated in these Taka Earth T&Cs

Redeeming Taka Earth Points for Rewards

Your Account must be in Good Standing to accrue and/or redeem Recycle Points for Rewards
Taka Earth shall determine the total number of Taka Earth Points that each Participating Member must redeem to obtain a Reward. Some offers may be a one-time offer per Member. Offers vary from time to time and availability may be highly limited
Rewards (and, if applicable, their use) are subject to (i) availability, (ii) terms and conditions specified by the Reward Partners and/or as listed on the actual Rewards, including expiration dates, and (iii) may be subject to change at any time
Reward Partners or Taka Earth may, at their sole discretion, choose to offer Rewards to selected groups or Participating Members. There may be instances where a Member is asked for certain information in order to redeem a reward with a certain Reward Partner. If a Registered Participant or Participating Member declines to respond to such information request, it may forfeit its ability to receive a particular reward
Taka Earth and Taka Earth’s Partners are not responsible for replacing lost, stolen, or expired Rewards but may do so at its or their sole discretion. Registered Participants must promptly notify Taka Earth of (a) any discrepancy in the Rewards; or (b) non-receipt of Rewards shipment. Upon receipt of such notification, Taka Earth will investigate, and may, if appropriate, (i) correct such discrepancies; or (ii) replace any non-received Reward, provided that the Member submits a properly completed Affidavit of Lost Shipment or Lost Redemption Code within thirty (30) days of the shipment date or redemption code issuance date (if requested by Taka Earth). If Taka Earth does not receive such notification or such Affidavit within thirty (30) days, the shipment will be deemed to be satisfactory and accepted by the Member and Participating Member
Taka Earth Rewards are non-refundable or non-changeable under any circumstances once the order for the Reward is placed
In the event a Rewards Partner refuses to honor a Reward for any reason other than suspicion of theft or fraud, Taka Earth’s sole obligation will be to credit the Member’s Account for the number of Taka Earth Points that were to be redeemed for the Reward. In the event of theft, repeated loss or fraud, no credit shall be given to an Account and Taka Earth reserves the right to contact appropriate law enforcement authorities
Taka Earth is not responsible for the replacement of Rewards that have not been fulfilled or are not received due to failure to provide accurate delivery information, including address and full name. If a Registered Participant desires to have Taka Earth re-send rewards returned to Taka Earth as undeliverable, administrative charges and delivery fees may apply at the discretion of Taka Earth
Taka Earth will not be responsible for replacing a gift card that is sent to the wrong address because you have not updated your Account information with a current address. It is the Member’s responsibility to ensure that the address on file is correct and up to date
Except as expressly stated in Taka Earth T&Cs, Rewards cannot be returned, exchanged, refunded, or replaced by cash, Taka Earth Points or other Rewards

Deactivate and Reactivate an Account

You may deactivate your Account by visiting the “Customer Feedback” option on our USSD Shortcode *384*80# and submit your request or visit the “Contact Us” section of the Website www.taka.earth after login and submit your request from the Member Support page. Such requests shall only be honored if it comes directly from the Account holder of record. You will forfeit all accrued Taka Earth Points upon the deactivation of your Account. All information and data relating to any closed Account will be kept by Taka Earth only for as long as necessary to fulfill its business purposes and as is legally required or as obligated by third party commitments

You will not be able to not reinstate your Account once it is deactivated; however, you may register a new Account

Other

In the event that more than one Account has been created for a Participating Member and that information has been entered on such Accounts, all Accounts affiliated with the Participating Member and any orders placed from that location shall be immediately cancelled and invalidated. Taka Earth reserves the right to prosecute, to the fullest extent allowed by law, any individual(s) that creates such improper Accounts for the purposes of accumulating points. In addition to criminal proceedings, Taka Earth also reserves its right to seek restitution for the full value of any rewards acquired through improper means as well as reasonable legal fees and other costs associated with such action
Taka Earth reserves the right to terminate a Member’s ability to use the Request Pick Up from Home rewards option in its sole discretion for any alleged abuse of the Request Pick Up from Home Rewards option. Any such alleged abuse is also grounds for immediate termination of a Member’s Account
Taka Earth reserves the right to send specific administrative notices that are required by law, regulation, or as needed to service your Account, even if you have opted out of receiving marketing messages. Taka Earth reserves the right to send specific notices about your program activity if you have engaged with specific programs, tools or applications from Taka Earth (e.g., Point earning alerts)
Member is responsible for any fees, taxes, and charges for any personal or corporate, national government, county government or other tax liabilities, if any, related to the Member’s participation in any of the programs offered through Taka Earth

Contact Information

You may contact Taka Earth with questions or comments regarding your Accounts by emailing: support@taka.earth