MobiKash Limited operates under the auspices of Central Bank of Kenya (CBK) and is licensed by the Communications Commission of Kenya (CCK)

 

 

Terms & Conditions

MOBIKASH AFRIKA LIMITED AND CLIENT TERMS & CONDITIONS 1. THE AGREEMENT These are the terms and conditions upon which you may use the MobiKash Services and products (as defined herein) offered by MobiKash Afrika Limited “MobiKash” (“Conditions of Use”). The acceptance of which constitutes a binding contract between yourself, MobiKash Afrika Limited, and MobiKash Trust Limited (as the Trustee), an independent trust company incorporated to hold monies received from you on trust to your order. When you register as a MobiKash Client by self registration on your Phone or on the Website and subsequent signing of the Agents Daily record sheet on withdrawal or cash-out or cash-in point you hereby agree to abide by these Terms and Conditions of Use. You, therefore, need to read and fully understand these Conditions of Use and if you do not agree with them, you must not proceed to register for and/or use the MobiKash Services and products. 2. DEFINITIONS In this Agreement where the context so admits the following expressions have the meanings hereinafter mentioned:- a)“Account” means your MobiKash Account, being the record maintained by us of the amount of electronic money (E-money) from time to time held by you and represented by an equivalent amount of cash held by the Trustee on your behalf and which you have a right to cash-in or out at any of the Agents outlet or transfer, electronically through your mobile phone, electronic terminals and or internet. b)“Agent” means retailer that MobiKash has recruited to deal with its clients. c)“Agreement” means conditions and terms of this agreement between MobiKash and the clients for the provision of MobiKash services and its partners. d)“Annexure” means any attachment to this agreement. e)“Authorised Payee” means any person (including yourself or another customer or an Agent or your employee or Authorised Retailer or Authorised Banker) who is designated by you by SMS, to be the recipient of E-Money from your Account. f) “Banker” means that bank that holds and maintains your daily bank accounts. g)“Charges” means the Tariffs and other charges payable under this Agreement for the use of MobiKash Services and Products. h)“Client” means a user or consumer of the services MobiKash offers who is or are authorised to use/access the Account. i)“Client Agreements” means the contracts between clients, on the one hand, MobiKash and the Agent and/or the other and the trustee regarding the terms and conditions for use of MobiKash. j)“Client Financial Institution Account” (CFIA) - Connected Bank Account k)“Client Stored Value Accounts-(SVA)” means the Stored Electronic Money representing the value of money due to the client in terms of equivalent cash in safe custody by the trustee with a lead bank relating to MobiKash offering and services. l)“Connected Bank Account” means an account operated by the client in any of the participating banks that the client will use from time to time to transfer E-money to and from the Client MobiKash Account or transfer to other bank accounts or sign in for Alerts or Reminders using MobiKash System. m)“Conditions of Use” means these terms and conditions as may be varied by MobiKash from time to time. n)“Commission” means the price received by an agent after successfully facilitating and transacting a MobiKash service and or product to a client. o)“Commission Account” means the accruing of all Commissions earned in the course of performing MobiKash services and payment in lump sum as stated in this agreement. p)“Confidential Information” means all secret information and data, whether or not in material form, whatsoever and howsoever derived or acquired relating to the Product and the provision of Services pursuant to this Agreement and all other confidential or secret information disclosed by or on behalf of either party to the other including the terms and conditions of this Agreement. q)“Lead Bank” means the Bank that MobiKash trustee has entered into agreement with to receive all funds in safe custody for the purposes of utilizing the funds through MobiKash Service. r)“Customer Experience Centre” means MobiKash Customer Call Centre situated in Nairobi that supports the clients free of charge. s)“Credit Balance”means the amount of E-Money available to the credit of your MobiKash Account from time to time. t)“Credit Transaction” means any transaction(s) which results in your MobiKash Account being credited with E-Money as verified by MobiKash system. u)“Daily agent transaction record sheet” means that register provided by MobiKash to agents to record all MobiKash services transactions with clients. v)“Debit Transaction” means any transaction(s) which results in your MobiKash Account being reduced by the E-Money as verified by MobiKash system. w)“Default Account” means an account operated by the client in any of the participating banks that can be used to sweep excess float over and above the stored value limits. x)“Email” means communications or notifications through the electronic mail system. y)“E-Money” means the Stored Value Accounts (‘SVA’) or Stored Electronic Money representing the value of money due to the client in terms of equivalent cash held by the lead bank relating to MobiKash offering. z)“Fees” means the price paid by the client for MobiKash services for each and every chargeable transaction or instruction as per the tariff guide. aa)“Financial Institution (FI) PIN” means the personal identification number provided by the participating Bank, Microfinance Institution, Savings Accounts and Cooperative organization to the client for access of FI system for purposes of managing client’s FI accounts through MobiKash System. bb)“ID” means a person’s original National Identity Card or Military Identity Card or Passport or Alien Identity. cc)“Interest” means interest as defined in clause 3(uu) of this Agreement. dd)“Location” .means the offices or space or place from which the agent conducts its normal course of business including any of its designated branch offices or agents. ee)“Manual” means the handbook issued to the Agent by MobiKash which records methods of operation, procedures, and other practical matters relevant to the provision of services under this Agreement, as updated by MobiKash from time to time, and which is available in both print and electronic format on the MobiKash website. ff)“Mobile Equipment” means your Mobile Phone and USSD and or SMS or Point of Sale Terminal or other authorised equipment or application which when used together allows access to MobiKash Services and, in each case, is approved for use in Kenya. gg)“MobiKash PIN” means the personal identification number provided by MobiKash System to the client for access to the MobiKash system for purposes of managing MobiKash Account transactions through MobiKash System. hh)“Mobile Phone” means your mobile handset or equipment. ii)“Mobile Phone Number” means the mobile station identification number issued to you by your mobile network operator with the SIM Card and corresponding identity number and PUK for access and usage. jj)“MobiKash Scratch Cards” means disposable cards with secret loading code for different denominations which convert the Values into SVA or E-Money upon loading. kk)“MobiKash System” means the services provided by MobiKash for the issue and redemption of E-Money and the transfer of E-Money between Customers on the basis of Transfer Instructions including the recording (electronic or manual or otherwise) of all Transactions, verifying and confirming all Transactions concluded and updating Client’s MobiKash Account. ll)“MobiKash Account limit” means the total amount of money that is allowed to be available as standing in your MobiKash Account or E-Money account. mm)“Outlet” means the location at which the agent offers MobiKash services. nn)“Payments” means money paid to an Agent serving you or your Banker, for the purchase of an equivalent amount of E-Money sums credited to your MobiKash account, any such monies thereafter being held by the lead bank in safe custody as detailed herein. oo)“Participating Financial Institution (FI)” Means any Bank, Microfinance Institution, Savings Accounts and Cooperative organizations connected directly to the MobiKash system. pp)“PIN” Means the personal identification number associated with each MobiKash Services user and the respective participating Bank/Financial Institution (FI). qq)“Product” means the Mobile commerce and payment services offered by MobiKash as detailed in the Manual and available in both print and electronic format which the agent will also avail to all clients at their request. rr)“Security Code” means a secrete word that is provided to you through MobiKash system that may be required from time to time in the event that you are required to identify yourself when contacting MobiKash call centre for support. ss)“SMS” means short messaging services. tt)“Services” means mobile and electronic commerce transactions that are conducted for and on behalf of MobiKash. uu)“Short Code” means the Short Code reserved for MobiKash Services by the mobile operators numbering plan for mobile services provision. The number is used by a Customer to send SMS or USSD request through Mobile Originated SMS messages or USSD instruction, and to receive information through a Mobile Terminated SMS. vv)“Scratch Card Management Account” means the bank account maintained by the lead bank that the agents use for depositing monies for all scratch cards purchased from MobiKash. ww)“Trademarks and Trade names” means the name and logo which have been assigned to MobiKash and which may only be used by the Agent or participating partners in accordance with the terms of this Agreement. xx)“Transactions” means (as the context requires) receiving payments from clients and paying out cash sums to clients in accordance with SMS and USSD instructions as well as registering new clients. yy)“Transfer Instructions” means instructions given via USSD or SMS or Website or electronic transfer equipment or application for the transfer of E-Money from one client to another client. zz)“Trustee” means the trust company holding sums on behalf of all Customers in the MobiKash Account. aaa)“Unstructured supplementary service data” (‘USSD’) means the service that loads MobiKash services on a Mobile phone by applying a short code. bbb)“Website or Internet” Means the webpage of MobiKash www.mobikash.com through which relevant information relating to MobiKash services and products will be posted and updated from time to time. 3. ACCOUNT OPENING AND ACTIVATION 3.1.Any mobile phone subscriber in Kenya may register for the MobiKash Services provided they have an active mobile phone number. 3.2. MobiKash service is limited to one MobiKash Account per customer, per mobile phone number. 3.3. You will also be liable to pay all applicable Tariffs for your use of MobiKash Services and such Tariffs will be deducted from any source account within the MobiKash system for transfer transactions and other services will be deducted directly from your MobiKash Account. 3.4.You may register for MobiKash Services through/at any of the following; 3.4.1.MobiKash agent outlets/branches; 3.4.2.Partner Banks outlets/branches; 3.4.3.Mobikash customer sales representatives (CSRs); 3.4.4.Self registration over the MobiKash internet available at www.mobikash.com/register. 3.4.5.MobiKash Customer Support Centres. 3.5.After successful registration, MobiKash will send you an Initial MobiKash PIN and a security code; this will immediately entitle you to use MobiKash Services with immediate effect. This security code must be kept secret at all times and which will be used to identify you as being the rightful Customer of your MobiKash Account on raising enquires with the MobiKash Customer Call Centre on the telephone. 3.6.Once you dial the first or initial MobiKash short code, you will be prompted to accept these terms and conditions of use on your mobile phone equipment before proceeding with the use of MobiKash services. 3.7.Upon registering as a Client, you will be required to provide the following information at the point of each and every transaction cash-out/in at the Agent outlet or location for identification, which must be. 3.7.1.Your Full names- 3.7.2. Your identification (ID/Passport/Military ID) 3.7.3. Your mobile phone number 3.8. You must also sign for all transactions with the agent. 3.9.All information provided must be complete and accurate in all respects and conform to the self registration details. We may refuse or decline or deregister already opened MobiKash Account for you, if we are not satisfied with proof of your identity or your identity is inconsistent with the information provided at the point of self registration. Always ensure before and after transaction with the Agent, you should be aware of your outstanding MobiKash Account balance. 4. ACCEPTANCE AND COMMENCEMENT OF CONDITIONS OF USE You are deemed to have accepted these Terms and Conditions of Use, as MobiKash amends from time to time, and which take effect:- 4.1.Upon Registration; or 4.2.Upon Receipt of funds transfer by a non registered user; or 4.3.Upon the initial activation of MobiKash Services on your request. 5. MOBIKASH SERVICES MobiKash Services are made available to you subject to these Terms and Conditions of Use:- 5.1.MobiKash Services will be accessed via the USSD technology or Point of Sale Terminals/technology or Internet technology or any other equipment or application approved by MobiKash, which will avail the functionality of your choice to perform MobiKash Services, we are not guaranteeing that all of the mentioned technologies will be available at your disposal at all times and connection to MobiKash System may also not be available at all times, however MobiKash will do it’s best to ensure that there is service availability all the times. 5.2.MobiKash will try to ensure that you are able to make full use of the MobiKash System within areas that your mobile operator has network coverage signals, MobiKash Services are not fault free and factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network may interfere adversely with the quality and provision of MobiKash Services. MobiKash will honour and comply with any orders to withdraw any or all money on your account in your name. 5.3.In the event of damage to, loss or theft of your mobile phone or SIM card, you are obliged to inform us immediately of such damage, loss or theft. We will then suspend your MobiKash Account to prevent further use of the MobiKash Services until it has been replaced by your Mobile Operator and inform us when the service is restored. Notification of any such damage, loss or theft may be made by calling or contacting our Customer Call Centre in Nairobi for free. You will be required to indemnify us against any claims made in respect of any Transactions effected with your Mobile Phone Number and PIN prior to such notification being received. 5.4.Confidentiality of your communications via your Mobile Operator Network is not guaranteed as MobiKash does not have direct control of your SIM card usage and management. You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality. 5.5.You can use MobiKash Services irrespective of existing money transfer system on the mobile phone you are currently using. 5.6.You accept that we may disclose or receive personal information or documents about you:- 5.6.1.to and from local or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud; 5.6.2.to and from our service providers (including the trustee, lead bank or participating Banks/FIs), dealers, agents, or any other company that may be or become our subsidiary, parent company or partner, for reasonable commercial purposes connected to your use of the MobiKash Services, such as marketing and research related purposes; 5.6.3.to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement; 5.6.4.to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature). 5.7.You must comply with any instructions that we may give you from time to time about the MobiKash Services. 5.8.With the exception of calls made to our Customer Service Hotline Toll Free number and to other designated toll free numbers, a call charge may be levied to you depending with your network provider applicable Tariff. 5.9.Your calls, emails or SMS’s (to and from MobiKash call centre) may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorised use of our telecommunications system and detection and prevention of crime. 6. PARTICIPATING BANK SERVICES (MOBILE BANKING SERVICE-MBS) 6.1 Applicability •These Mobile Banking Terms together with the application made by the Authorised User and as accepted by your Banker shall form the contract between the Authorised User and your Banker , and shall be further subject to such terms as your Banker may agree with MobiKash being the service providers, aiding your Banker in providing this Mobile Banking Service. •MobiKash has partnered with your bank as the service provider of the mobile banking system linked to your MobiKash Account. These general terms and conditions of use govern the use and operation of the MobiKash System interacting with your connected/linked bank accounts allowing you access to authorise transactions affecting either a direct debit or credit by use of your mobile phone handset or Point of Sale terminal technology or internet network or any other equipment or application authorised by your BANKPIN. •By connecting/linking your bank account to the participating Bank/FI you are deemed to have officially applied for the Mobile banking facility with your banker and you agree to abide by these terms and condition of use as well as any other mobile banking terms and conditions you may be required by your banker to sign and abide with. The self linked account(s) is limited to making credits or deposits only, your banker will have to approve the full use of the mobile banking facility by verifying your details at any of their nearest branch/outlet. •Please note that any other written terms and conditions with your bank accounts held by your bank will continue to apply in addition to these terms and conditions. 6.2Authority to connect account •You hereby authorise MobiKash system to connect to your bank/FI account(s) with your banker to allow you convenient access and management of your bank accounts to perform the services or transactions listed herein or at any of the agent’s outlets, participating partner’s outlets or sites. •You further agree to connect your bank/FI account(s) and to allow you make deposits only from your MobiKash SVA to your bank accounts and visit any of your nearest banker branch or head office for verification and authorisation to perform other MobiKash services and your banker mobile banking services. •Your Banker or FI has the full authority to supply you with the BANKPIN to access all your connected bank/FI account(s) after verifying that you are the actual beneficiary of the linked account. •Your banker has the rights to reject your application to join the MobiKash mobile banking system connected to your bank account, if they discover that the information you provided when registering through MobiKash system is inconsistent with the bank records or they have reasons to believe that you are not authorised to access the mobile banking facility. 6.3 Charges •The transaction charges for mobile banking services is set out on MobiKash tariff guide, however you banker may charge the normal transaction charges debiting your account based on the BANK tariffs for offering mobile banking services through MobiKash system. •All charges by MobiKash will be debited to your source account and will appear as Transfer in your account together with the debit actual amount. •All other rights and conditions of use of the MobiKash Account will apply to Mobile banking services with your banker. 7. TRUSTEE AND LEAD BANK RESPONSIBILITY 7.1. MobiKash has appointed a trustee to hold all funds in the MobiKash system in safe custody for the purposes of utilizing the payments through MobiKash Service offering in Kenya. The Trustee hereby declares that it holds (in accordance with the requirement of banking regulations) all Payments received in respect of the Purchase of E-Money or transfers of E-Money into your MobiKash Account (the "Trustee Amounts") in safe custody for you and for your benefit and that you shall be beneficially entitled to all those Amounts standing to the credit of your MobiKash Account. You agree that the trustee may treat the records of MobiKash System as conclusive evidence of the amount of E-Money at any time standing to the credit of your MobiKash Account and the trustee is not bound to make any independent investigation of your beneficial entitlement to the trustee Amounts. You further acknowledge that, in relation to any payment to you in respect of your entitlement to trustee Amounts, we may act on instructions given by you using your PIN and Mobile phone number or instructions purported to be given by you using your PIN and mobile phone number even if they are actually given by a third party. 7.2. You acknowledge that the lead Bank shall hold the funds in a trustee account in accordance with the rules of banking and management of customer deposits. The funds held in your account will not attract or earn interest on any outstanding credit balance of your MobiKash Account. You further acknowledge that, to the extent that any interest accrues on the Trustee Amounts, you shall have no beneficial entitlement to such interest and the trustee shall be entitled to retain such interest to defray its own costs and expenses and/or to pay the same to MobiKash towards the costs and expenses of operating MobiKash System and/or to pay the same to such charitable cause(s) as the trustee may in its absolute discretion determine where applicable. 8. TRANSACTIONS 8.1. All Debit Transactions from your MobiKash Account will be effected by Transfer Instructions authorised with your PIN (either Bank or Financial Institution (FI) or MobiKash PIN), or by such other method we may prescribe from time to time. Proof of Identification Document will be required before any Transaction can be effected and the ID presented will be recorded by the Agent on each Transaction done at the agent outlet. 8.2. Your MobiKash Account will be credited when you purchase E-Money by making Payments or when E-Money is transferred to your MobiKash Account from another Client or direct instructions from your connected/linked bank account and all such amounts will be held by the trustee for purposes of use through MobiKash Services. 8.3. You shall not effect any Transactions from your MobiKash Account or bank account in the event that you do not have sufficient E-Value in your MobiKash SVA or connected/linked Bank account available funds to meet the value of the Transaction and any Charges applicable. 8.4. MobiKash System will verify and confirm all Transactions affected from your MobiKash Account and Connected/linked Bank account transactions by SMS or USSD to you. MobiKash System and Participating Bank records will be taken as correct. However, if you are dissatisfied with the calculation, you are free to challenge it within 7 days from the transaction date. 8.5. Always Load your MobiKash scratch card value in the presence of the agent that has sold it to you and do not accept any MobiKash scratch card that has been tampered with. 8.6. On being provided with a MobiKash Account and PIN, you will be able to perform the following transactions:- 8.6.1. Perform a Credit Transaction by making a Payment in cash directly to an Agent in exchange for an equivalent amount of E-Money to be credited into your MobiKash Account. Upon a Credit Transaction being made, MobiKash System shall credit your MobiKash Account accordingly at no charge. 8.6.2. Perform a Credit Transaction by purchasing a MobiKash Value scratch in denomination of your choice from any of the nearest agent, gently scratch the MobiKash scratch card to reveal the 14 digit PIN code and load onto your MobiKash Account, Upon the self loading, MobiKash System shall credit your MobiKash Account accordingly at no charge with the MobiKash scratch card face value that you purchased. 8.6.3. Perform a Debit Transaction by:- •The exchange of E-money for cash at any Agent by sending a Transfer Instruction to MobiKash System pursuant to which the Agent will pay the equivalent amount of cash to you. •The transfer of E-money to another Customer by sending Transfer Instructions to MobiKash System for the MobiKash Account of such Customer, specifying the amount to be transferred. •The charge of fees for all chargeable transactions as per the MobiKash consumer tariff guide. •The payment of bills or goods or services to participating institutions or company or organization of which you have subscribed and or provided an instruction by your mobile phone through MobiKash System for such payments to be effected on your MobiKash Account and giving a Transfer Instruction for the corresponding amount of E-Money to the according institution or company or organization as the Authorised beneficial Payee. •The purchase of Goods and/or Services from Authorised Retailers by Transfer Instructions via MobiKash Services of the amount to be transferred to the Authorised Retailer’s MobiKash Account in settlement for the Goods and/or Services purchased or delivered to you. 8.6.4. Upon any Credit Transaction and Debit Transaction being performed, MobiKash System shall credit or debit your MobiKash Account once the sum is actually credited to, withdrawn or cashed out or transferred by you from your MobiKash Account. 8.6.5. Any Transaction which is not successfully concluded within 7 days of the Transfer Instructions first being given for that transaction will automatically be cancelled or reversed and an SMS notification sent via MobiKash System of the cancellation shall be given to the Customer giving the Transaction Instructions and reference number. 8.6.6. The MobiKash System will confirm all cash-in, cash-out, and transfer Transactions made by way of SMS or USSD or on the internet or electronic mail or receipt where applicable. 8.6.7. Any Debit Transactions given using your MobiKash Account and PIN will be charged to the MobiKash SVA. You acknowledge that, unless and until MobiKash receives notice from you that your PIN and Security code, is no longer secure and/or that your Mobile phone has been lost or stolen, MobiKash may rely on the use of the PIN as conclusive evidence that a Debit Transaction has been authorised by you, even if it is actually made without your authority. MobiKash shall not require any written confirmation of any Transaction Instruction. 8.6.8. We are unable to reverse or charge-back any Transfer Instruction for any reason including in the event of any dispute with any other Customer or an Authorised Retailer or institution or company. You are responsible for resolving any disputes arising with any other Customer or an Authorised Retailer without recourse to MobiKash. 8.6.9. We may freeze any monies transferred to you or by yourself, if MobiKash believes that such a transaction requires further investigation and in the event that MobiKash believes there is a genuine dispute to be investigated. Such funds will be held by the trustee in suspense Account and will be credited or transaction completed on resolving the dispute. 8.7. On Connecting/linking your bank/FI account to your MobiKash Account, you will be able to affect the following transactions:- 8.7.1. Perform a Credit Transaction by making a Payment instruction from any of your connected/linked bank account in exchange for an equivalent amount of E-Money to be credited into your MobiKash Account. Upon a Credit Transaction being made, MobiKash System shall credit your MobiKash Account accordingly at a fee prescribed in the tariff guide; a corresponding debit entry will be effected in your transacting linked bank account. 8.7.2. Perform a Debit Transaction by:- •The exchange of E-money for cash by initiating an instruction or automatic sweeping arrangement (through connected default account) to transfer E-Money to your connected/linked bank account by sending a Transfer Instruction to MobiKash System pursuant to which the participating bank/FI holding your connected/linked bank account will credit your connected/linked bank account with the equivalent amount of cash to you at a fee. •The charge of fees for all chargeable transactions alerts and reminders as per the MobiKash consumer tariff guide and or as may be provided by your banker. •The payment of any bills or goods or services to participating institutions or company or organization of which you have subscribed and or provided an instruction by your mobile phone through MobiKash System for such payments to be effected on your connected/linked bank account and giving a direct Transfer Instruction from your bank account using the MobiKash services for the amount to the according institution or company or organization as the Authorised beneficial Payee. •The purchase of Goods and/or Services from Authorised Retailers by Transfer Instructions via MobiKash Services of the amount to be transferred to the Authorised Retailer’s MobiKash Account in settlement for the Goods and/or Services purchased or delivered to you. 8.7.3. You can make a direct withdrawal of cash from your connected/linked bank account and cash out at the agent out let or for payment of goods and or Services or pay bills to a Retailer or an institution or organization, your connected/linked bank account will be automatically debited with the cash withdrawal with the participating bank/FI, all charges or fees to this transaction payable to MobiKash will be debit your source account as well and the corresponding debit for mobile banking services by your banker will also apply. 8.7.4. All transactions with your connected/linked bank account will be authorised by your mobile phone number and your BANKPIN provided by your banker. MobiKash PIN will not be used to authorise your BANK/FI transactions. 8.7.5. Each debit or credit Transaction will be issued with a unique reference number that is included in the confirmation SMS or USSD sent to you with an updated balance of your MobiKash Account. This reference number is used to track and identify all Transactions carried out on your MobiKash Account and your connected/linked bank account transactions. 9. TARIFFS 9.1.Tariffs as published are payable to MobiKash for each and every Transaction effected from your MobiKash Account. The Tariff Guide is available from MobiKash’s Head Office or by accessing MobiKash Website (www.mobikash.com) or agents or participating institutions. 9.2.Tariffs payable on each and every Transaction will be deducted from your MobiKash Account or source linked/connected bank account by MobiKash system on conclusion of each Transaction. 9.4.All Charges payable by you in connection with the use of MobiKash Services may be debited from your Account without further reference to you. 10. SUSPENSION AND DISCONNECTION OF THE SERVICES AS WELL AS CLOSURE OF YOUR ACCOUNT 10.1. We may suspend (bar), restrict or terminate the provision MobiKash Services (in whole or in part) and/or close your MobiKash Account without informing you and without any liability whatsoever (although, we will, where possible, try to inform you that such action is or may be taken) under the following circumstances:- •if we are aware or have reason to believe that your Mobile phone number or PIN number used in relation to MobiKash Services is/are being used in an unauthorised, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously); •if you do not comply with any of the terms and conditions relating to MobiKash Services including these Terms and Conditions of Use; •if you notify us that your Mobile phone has been lost or stolen or destroyed/spoilt or your PIN has been lost or disclosed to any other party; •if you do anything (or allow anything to be done) with your Mobile phone which we think may damage or affect the operation or security of the MobiKash Services and system or threatens the confidentiality of other MobiKash users; •for reasons outside of our control; •where we close your Account under Clause 10.3. •Where your banker advises MobiKash of irregular behaviour in your operation of your bank accounts, and there is credible evidence to suggest this constitutes a threat to the financial regulation system in Kenya. 10.2.To access MobiKash Services, your mobile phone should and or may be operational (“active”) at all times for easy and quick access or notifications of transactions. However if your mobile phone is inactive you may access MobiKash Services through any authorised electronic terminals or internet or equipment or application authorised by MobiKash from time to time by using your registered mobile phone number and PIN. MobiKash recommends the use of your mobile phone for all your MobiKash transactions or confirmations/notifications at all times. If your MobiKash account is in inactive for a consecutive period of 12 months your MobiKash Account will automatically be closed by MobiKash and any E-Money standing to the Credit of your MobiKash Account will be paid to you in the manner provided in clause 10.4. MobiKash will make all reasonable steps to communicate with you using the communication details provided in this agreement In the event that we are unable to contact you, any money in your MobiKash Account will be held in suspense account by the trustee for safekeeping until you can be reached or traced otherwise. 10.3.We may close your MobiKash Account upon receipt of your written request to close it. 10.4.Where the use of your MobiKash Account has been suspended or disconnected or your Account closed, any Credit Balance in your MobiKash Account will be paid to you in cash upon you presenting yourself at our Customer Care Centre or MobiKash direct outlets closer to you. You will only be paid any Credit Balance in cash upon satisfactory evidence of your identity being produced net of applicable fees. 10.5.We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, or statute, or regulation if we close or suspend your MobiKash Account in terms of this clause 10. 11. SECURITY AND UNAUTHORISED USE •Only one PIN Number can be linked to your Mobile phone number at any time. •Only you may use your Mobile Phone and PIN Number. •You are responsible for the safekeeping and proper use of your Mobile Equipment, for keeping your PIN and your Security Code and for all Transactions that take place on your account using your PIN. Your Security Code will be used to confirm your identity when you call MobiKash Call Centre, but must NOT disclose your PIN to any person including the staff at the MobiKash Call Centre. 12. YOUR RESPONSIBILITIES •You are solely responsible for any transmitted material and or communication, which is classified as defamatory, illegal or in breach of any copyright and shall indemnify and keep us indemnified against any claims and expenses made against us in respect thereof. •You must not use MobiKash Services to commit any offence(s) against Kenyan Laws, bylaws or regulations. 13. VARIATIONS •We reserve the right to vary at any time and without prior notice to you these Terms and Conditions of Use or the Tariffs. Variations will be notified by way of advertisement in a daily newspaper or SMS or email, or through our Website or through our partner agent outlets or partner banks outlets/branches and or by using any other suitable means PROVIDED THAT you shall be deemed to have been notified of any such variations regardless that the same may not have actually come to your attention. •By continuing to use MobiKash Services you shall be deemed to have agreed to the variations contemplated in this agreement. If you do not accept any of the variations then you must not continue to effect any Transactions using MobiKash services, otherwise you will be deemed to have accepted such modifications. 14. LIABILITY AND EXCLUSIONS •In the event that your mobile network operator is compelled to change or reassign their telecommunications numbering to meet regulatory requirements or for any other reason our liability will be limited to retaining your Account and where possible, transferring your Account to a new mobile phone number after proving your ownership to any of our customer support staff or authorised agent, failing which you will be paid out the Credit Balance standing in your MobiKash Account in cash at any of the agent’s outlet. •To the maximum extent permissible by law, MobiKash excludes warranties of all kinds, either express or implied. •MobiKash shall not be liable for any loss which you suffer unless it is directly caused by its negligence. 15. MISCELLANEOUS •This Agreement (as from time to time may be amended) forms a legally binding agreement binding on you and your personal representatives or successors or assigns. •No failure or delay by either of us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. •All the parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond their reasonable control or either of them renders the performance of this Agreement impossible. In that event, all money due under this Agreement must be paid immediately. •The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. •Should any clause of this Agreement be found invalid or unenforceable by any court, the remainder of this Agreement shall not be affected thereby, and all other provisions of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. To the extent that any provision hereof shall be held to be wholly or partially invalid or unenforceable, the parties shall use their best efforts to replace the invalidated provision with a valid and enforceable provision, which insofar as practicable, implements the intent of the invalidated, or partially invalidated. •No term shall survive expiry or termination of this Agreement unless expressly provided. •An instrument executed by all the parties to the Agreement may amend this Agreement. 16. STATEMENTS •You may obtain a balance enquiry or mini statement from your Mobile phone or equipment and query any transactions effected using your Mobile Phone or Equipment. •Printed statements of your Account will not be provided, however MobiKash has provided an email system to email your statement upon request on your mobile phone or any other channel that may be approved by MobiKash from time to time at a fee. 17. FAILURE OR MALFUNCTION OF EQUIPMENT •We are not responsible for any loss arising from any failure, malfunction, or delay in any Mobile phone Networks, Mobile phone handsets, the Internet or terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control. 18. NOTICES •We are entitled to send information to you via SMS to the contact Mobile Phone number supplied when registering for MobiKash Services. These SMS’s are for information purposes only. •We are entitled to send information to you via your email if such information was provided to us at any one point in time. These emails are for information purposes only. •You should send any legal notice to us at our address: MobiKash Afrika Limited, P.O. Box 101123 - 00101, Nairobi - Kenya, or delivered to Head physical address Head Office, Geomaps Centre, Matumbato Close, Off Elgon Road, Upper Hill, Nairobi, KENYA. 19. GENERAL •You will be responsible for any expense that we may incur towards recovering any amounts you owe us including legal fees, collection fees and tracing fees. •We will not be responsible to you for any indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible and whether arising in contract or statute but, if a court finds that MobiKash is at fault and, hence, liable to pay damages. •Each of the parties shall give notice to the other of change or acquisition of any address or email or telephone, telex or similar number as soon as practicable and in any event within 48 hours of such change or acquisition. •You must notify us immediately of any change of your personal details that are pertinent to your use of MobiKash Services. •You agree that your information, including your personal information, your conversations with our Customer Experience Centre or Call Centre and your Transactions will be recorded and stored for record keeping purposes for Seven years from date of closure of your MobiKash Account. •All copyright, trademarks and other intellectual property rights used as part of the MobiKash Services or contained in our documents are owned by MobiKash and Trustee or its licensors or participating banks. You agree that you acquire no rights thereto. 20. JURISDICTION AND ARBITRATION •This Agreement is governed by Kenyan Law. •Any dispute under this Agreement will be first referred to an arbitrator to be agreed or in default of agreement one appointed by the Chairperson of the Law Society of Kenya. •To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto, however, these awards can (and are being) be challenged. Note: Please note that a Summary of the MobiKash Services and Products are available from MobiKash Agents, Participating Banks/Micro Finance Institutions, Savings and Credit Corporative Organizations, MobiKash’s headquarters and the MobiKash Website located at www.mobikash.com

 

 

Disclaimer

MobiKash Limited is endeavoured to make available complete, precise and up-to date information about all products and services. However, it is not possible to guarantee that the content of this website or references mentioned herein are accessible, precise, updated or complete. MobiKash Limited provides the information on this website free of charge and to the exclusion of any warranty. If you use the information and references included in this website, you do it exclusively at your own risk. MobiKash Limited assumes no liability for any kind of loss or damage (to the extend permitted by relevant law), which is caused by the use of the information or references in this website or by inaccessibility to the same. MobiKash Limited is entitled to change information whenever needed.