These Terms are a legal agreement between you and KCB Chama that governs your access to and use of KCB Chama service. Please review this entire Terms of Service before you decide whether to accept it and continue with the registration process.
THE AGREEMENT
This Agreement sets out the complete Terms and Conditions (the Terms) of KCB Chama” (the Service) provided by KCB Bank Kenya Limited (the “Bank”), accessed and utilized by you.
The Chama accepts and acknowledges that this is a legal and binding agreement between the Chama and the Bank once accepted by both parties.
“We,” “our,” and “us,” means the Bank and includes its successors in title and assigns.
"You" or "your" means the Chama and includes the Chama’s authorised officials.
Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
Please read these Terms carefully before you enroll in or use the Service. By enrolling in and/or using the Service, you acknowledge and agree to be bound by these Terms. You are deemed to have read, understood and accepted all the conditions set out in these Terms, as may be amended, modified or supplemented from time to time.
These Terms supplement and are to be read together with:
(a) our General Account Opening Terms and Conditions;
(b) the terms and conditions governing the specific Product or Service offered by us alone or by us together with third parties ("Specific Terms"); and
(c) the terms and conditions of any other document or agreement governing your relationship with us as may be amended, modified or supplemented from time to time (together, the "Other Terms").
(d) the Data Privacy Statement available at Privacy statement , in effect from time to time
DEFINITIONS
In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:
Access Channel means the gateway provided by the Bank to the Chama to access the Chama’s Account.
Access Code means any type of unique identifier used to enable a person to identify themselves and gain authorised access to the Services, including any password, User identification code, two factor authentication code or device, and alternative security authentication methods.
Account means the Virtual Chama’s Account established or designated for the Service in accordance with these Terms and Conditions.
Affiliates means KCB Group Plc subsidiaries.
Alerts means the customized messages including any content or data sent to the customer over their mobile phone as short messaging service (SMS), email any other modes of communication.
Application Form means the Application Form attached to these Terms and Conditions.
Authorised User includes any Member or Official authorized by the Chama to access and use the Service on its behalf.
Bank means KCB Bank Kenya Limited incorporated in Kenya as a limited liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and duly licensed as a Bank under the Banking Act (Chapter 488 of the Laws of Kenya) and includes affiliates of the Bank as may from time to time be specified by the Bank to you.
Bank Account means a current or savings account held and operated with the Bank by a customer and registered for use on the mobile baking service.
Bank Rate means the interest rates on loans or savings as may be set and communicated by the Bank from time to time.
Chama includes the Officials and each Member jointly and severally.
Contact Centre means the Bank’s Customer Care Centre, Branches or KCB Agent outlets as may be notified to the Customer by the Bank from time to time.
Credit Limit means the maximum pre- approved amount that a customer can borrow on this service.
Credit Reference Bureau means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2008 to inter alia, collect and facilitate the sharing of customer credit information.
Customer means a person who holds and maintains an Account with the Bank.
E-Money means the electronic monetary value depicted in your mobile money account representing an equal amount of cash.
Group Account Mandate shall cover the scope mandated in the Chama constitution and advised through the Board resolution.
Immediate payment means voluntary instant repayment of loan advanced before the due date.
IPRS means the Integrated population registration system set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons or such other ministry as may from time to time be responsible for the registration of persons.
KCB refers to KCB Bank Kenya Limited
KCB Chama means the KCB Bank (Kenya) Limited KCB Chama Banking Service availed to the Customer which shall enable the Customer through the use of KCB Chama website to- perform such transactions on the Account as the Bank shall from time to time allow.
Member means a member of the Chama who has been allowed to access and use the Services in accordance with these Terms and Conditions.
Mobile Device includes your mobile phone handset, SIM Card and/or other computing device which when used together enables you to access mobile network.
Mobile Network means the mobile cellular network connection operated by various mobile service providers.
Mobile Network Operator A mobile network operator (MNO) is a telecoms entity that provides wireless voice and data services to mobile phone subscribers.
Mobile Subscriber means any person registered and actively using a mobile service from a mobile service provider.
Mobile Service Provider means a duly registered and licensed telco and or/its agents and sub-contractors whether jointly or severally.
Mobile Phone Number means a mobile phone number authorised by the Chama to be used by a Member or Official for accessing and using the Service.
Nominated User means the representative or representatives of the Customer, authorized by the customer to hold and change the Password and hence access the system and Service on behalf of the Customer.
Official means a person granted authority to access and use the Service as a Chama official in accordance with these Terms and Conditions.
Password shall mean the personal password chosen by the Customer for accessing the Service and for authentication or verification by the Bank of the Customer’s identity. The Customer will be able to obtain a range of financial information as determined by the Bank related to its relevant account through the use of the Password and such other means of identification assigned to the Customer in connection with the Account and the Services;
Personal Data means any information relating to an identified or identifiable natural person.
PIN the four (4) digits provided to the Customer by the Bank from the Customer by the Bank for authentication/ Verification by the Bank of his/her identity thereby enabling the Customer to obtain access the Customer’s account.
Request means a request or instruction received by the Bank from your or purportedly from you through the mobile network and the System and upon which the Bank is authorized to act.
Sensitive Personal Data means data revealing the natural person's race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person's children, parents, spouse or spouses, sex or the sexual orientation of the Data Subject.
Service means any form of Banking services or products that the Bank may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly
SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Mobile Network and to use the Mobile Banking Services.
SMS means a short, customized message service consisting of a text message transmitted from one mobile phone to another.
System means the Bank’s Mobile Banking and communications software enabling the Customer to communicate with the Bank for purposes of the Services.
Transaction means the movement of money in to or out of the System
Transaction Fees Includes the interest fee, the penalty fee and any other fees and charges payable for the use of the Service as determined and published or notified by the Bank from time to time on enrollment and access of the Service.
USSD means Unstructured Supplementary Service Data and is the channel used to access mobile banking service on feature phones.
Virtual Chama Account means a wallet created in the system for purposes of the chama transacting and holding the chama funds.
APPLICABILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions together with the Chama’s Application Form, the KCB Account Opening Terms and Conditions and the KCB Mobi Bank Terms and Conditions shall form the contract between the Client and KCB, as regards the Service. The Chama has accepted to be bound by these Terms and Conditions upon reading, being explained to and fully understanding the same. These Terms and Conditions shall however prevail in the event of any conflict between them and the KCB Account Opening Terms and Conditions and/or the KCB Mobi Bank Terms and Conditions.
By permitting Authorized Users to access and use the Service, the Chama acknowledges and accepts (and reaffirms its acknowledgment and acceptance of) these Terms and Conditions as is and as may be amended from time to time.
CONDITIONS FOR PROVISION OF THE SERVICES
KCB shall avail the Services to the Chama once all the conditions set out below have been satisfied in full:
The member accessing the Service must be 18 years of age or over.
The member has registered with the Service and has submitted any material or used any of our portal services.
The Chama has opened a Virtual Chama Account with KCB.
KCB has accepted the Application Form duly signed by the Chama.
The Chama has provided KCB with a board resolution identifying and providing particulars of Authorized Users and defining the scope of their mandate.
CONDITIONS FOR MEMBERS’ ACCESS AND USE OF THE SERVICES
Access and use of the Service shall be at the Chama’s discretion. Nevertheless, the Chama shall only allow a person to access and use the Service if:
The members will need to have a registered line valid for 90 days active with any MNO to opt in the platform.
The Member’s access and use of the Service has been approved by the Officials on KCB Chama Solution; and
The Member has not been suspended or removed from accessing and using the Services.
7.2 All persons accessing and using the Service shall be deemed to have been properly authorised by the Chama and the Chama shall not be permitted to deny the Officers and Members’ authority to access and use the Service in any legal proceedings.
ACCESSING THE SERVICE
To access and use the Service, the Chama should use a mobile device and may access the same through USSD or the Mobile banking App. Only Chama officials will have access to the web portal.
Only the Member’s Mobile Phone Number (as appears in the Member’s records held by KCB) will be used for accessing and using the Service.
To access the Service, you must have Login Information that allows us to authenticate your identity. Your Login Information is comprised of your Mobile phone number and KCB Chama PIN. You MUST change the temporary PIN that the bank will provide you upon signing up for the Service. You agree that you will not select a PIN based on your or a close relative's birth date, telephone number, address, or any other readily identifiable combination of letters or/and numbers. You agree to change your Login Information regularly and not to use any previously used PIN. Your Login Information is for your use alone and you agree to keep them secret and not reveal them to any person, including our staff. You agree to take all reasonable precautions to maintain the secrecy of your Login Information, including ensuring that any information stored on any mobile device with which you access mobile banking is protected against unauthorized access by third parties. You agree to memorize your Mobile Banking Login Information and not to record it anywhere. You agree that we are not responsible for the security or confidentiality of your Banking information or instructions until actually received by us.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 8.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
To register for the Service, the member must provide us with the true, accurate and complete information and must promptly notify us of any change in the information provided. The Bank reserves the right to verify with the IPRS the authenticity of the member’s details.
We reserve the right to reject any application to register for Service.
AVAILABILITY OF THE SERVICE
The Services will be available to the Chama and Authorized Users only if such Chama or Authorized User is within the cellular service range of a cellular service provider through whose network KCB has permitted access and use of the Services or within such area forming part of the roaming network of such cellular service provider. The Service is available to Authorized Users, at the sole discretion of KCB and KCB may permit and/or prevent the Chama from accessing and/or using the service through any cellular service provider(s).
KCB shall endeavor to provide to the Chama, through the Service, such services as KCB may decide from time to time. KCB reserves the right to decide what services may be offered to a Chama on the Chama Account and such offers may differ from Chama to Chama.
KCB may also make additions/deletions to the services offered through the Service at its sole discretion.
By registering to use Service the Chama and Authorized Users will be bound by any future modifications, expansions, enhancements, deletions or reductions made by KCB to the Services.
KCB shall have the discretion to extend the Service to such Accounts held in any other KCB Group subsidiary (ies) including any KCB Group subsidiary operating outside Kenya but such extension shall be subject to applicable Laws of Kenya and the laws of the jurisdiction within which such subsidiary operates.
ACCURACY OF INFORMATION AND INSTRUCTIONS
The Chama and Authorized Users undertake to provide accurate information, instructions and disclosures whenever required and shall be responsible for the correctness and authenticity of the same at all times including for the purposes of availing the Services.
KCB shall not be liable for consequences arising out of erroneous information, instructions and/or disclosures supplied by the Chama and/or the Authorized Users. KCB and its Affiliates shall not be liable for any error, loss or damage resulting from inaccurate information supplied by the Chama and/or any Authorized User. The Chama and/or Authorized User shall not hold KCB liable for any loss and damage which may be incurred/suffered by the Chama/Authorized User, if the information supplied to the Chama by an Authorized User turns out be inaccurate / incorrect.
The instructions received by KCB from any of the Mobile Phone Numbers (or purporting to have originated from any Mobile Phone Number) shall be effected only after such authentication as may be required by KCB in its discretion, generally or specifically for any particular type of instruction, from time to time, including through verification of password allotted by KCB to the Authorized User against whose name the Mobile Phone Number is registered.
KCB shall not be obliged to act upon an instruction or request if the instruction or request is not written, is unclear, ambiguous or conflicts with any other instruction whether from the Chama or an Authorised User;
Where KCB considers the instructions to be inconsistent or contradictory it may seek clarification from the Chama or Authorized User from whom the instructions have originated before acting on such instructions. KCB may however, in its discretion, act upon any such instruction as it may deem fit and the Chama agrees to be bound to such actions of KCB.
KCB shall not be obliged to process any transaction which is not confirmed by the Chama or Authorised User within 24 hours after KCB’s request for clarification and shall, under no circumstances, be liable for any loss or damage resulting from such refusal and/or any delays occasioned by KCB’s request for the clarification.
KCB may in its discretion and upon reasonable grounds submitted by the Chama or Authorised User in writing cancel, alter or stay the execution any instruction.
KCB shall not be liable to the Chama or any other person for exercising or failing to exercise its discretion herein.
The Chama and the Authorised Users jointly and severally undertake to indemnify, defend, and hold KCB harmless from any claim, proceeding, loss or damages arising from KCB’s exercise of the discretion hereunder.
KCB shall have the right to suspend the Service, whether generally or specifically in relation to a Chama and/or Authorized User if KCB has reason to believe that the operation of the Service or acting upon any instructions of an Authorized User may lead to breach of any law or KCB policies/procedures and/or may lead direct or indirect loss. In such cases, KCB may require an indemnity from the Chama before acting on the instructions or continuing to operate the Service.
PROCESS SETTING THE SERVICES
To access the service, the Chama may select and set all or any of the services by opting in the prescribed format as applicable or by any other mode as notified by KCB from time to time. KCB shall not be responsible for any error made by the Chama while setting and/or selecting the services.
SETTING TRIGGERS AND RECEIVING ALERTS
KCB will not acknowledge receipt of any instructions or registration requests, nor shall KCB be responsible for verifying any instructions or PIN or password or Mobile Phone Number. KCB shall not be liable for non-delivery or delayed delivery of service, error, loss or distortion in transmission of service to the Chama.
AUTHORITY TO KCB
It is the Chama or Authorised User’s sole responsibility to familiarize themself with the operating procedures for the service which will be provided by the Bank upon registration to the Service. The Bank will not be liable for any losses incurred as a result of the Chama or Authorised User’s errors either of commission and/or omission.
The Bank shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Request without any reference to the chama being necessary.
The chama hereby irrevocably authorizes the Bank to act on all instructions received by the Bank from you (or purportedly from you) through Mobile Banking and to hold the chama liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
If the Chama requests the Bank to cancel any Transaction or instruction after a Request has been received by the Bank from the chama, the Bank may at its absolute discretion cancel such Transaction or instruction but shall have no obligation to do so.
The Bank shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
The Bank is authorized to effect such orders in respect of your KCB Chama profile as may be required by any court order or competent authority or agency under the applicable laws.
In the event of any conflict between any terms of any Request received by the Bank from you and these Terms of Use, these Terms of Use shall prevail.
If the Bank receives notice that you have become mentally incapacitated, bankrupt and/ or insolvent the Bank will treat this as notice of cancellation of the authority set out above. This means that the Bank may at its absolute discretion freeze or suspend the your Account and the Services without being liable to you until either a legal guardian or a court appointed administrator (as the case may be), is appointed to act for you.
INACTIVE AND DORMANT PROFILE
Your KCB Chama profile will automatically be classified as inactive if you do not initiate any Transactions on the account for a continuous period of 12 months.
The Bank shall make reasonable endeavors to inform you of the intended classification of your Mobile banking profile as inactive at least one (1) month before such classification. The Bank shall, no later than seven (7) days from the date of such classification, inform you of such classification by way of SMS alerts addressed to your mobile telephone number.
Your KCB Chama profile will be classified as dormant if it remains inactive for a further period of 12 months, in which case the profile will be disabled for security reasons.
You will not be allowed to transact on an inactive or dormant profile, but the Bank shall, upon your written (e.g., letter/email) request, inform you of the procedure to be followed to activate your inactive/dormant profile.
The Bank may (including without limitation) apply any one or more of the following conditions to your KCB Chama profile upon its classification as dormant:
confirm the validity and authenticity of the first Transaction reactivating the account.
suspend the payment of interest (if applicable).
suspend the issuance of statements.
DATA PROTECTION AND PRIVACY
KCB Group Plc and its subsidiaries are required by law to collect certain Personal Data and are legally obligated to deny you the service if such information is not availed. Apart from the legal obligation mentioned above, KCB Group also need to collect your Personal Data for quality service delivery. Please note that although this is voluntary, without such information we may not be able to provide quality service.
KCB is committed to respecting and protecting the privacy of the Personal Data collected from the Account Holder. KCB Group Plc privacy statement, as updated from time to time, explains how we treat your Personal Data, who we share your Personal Information with and measures taken protect your privacy when you use our Services. This can be found on KCB Data Privacy Statement accessible on this link https://ke.kcbgroup.com/data-privacy-statement\, and also on our website, www.kcbgroup.com . If unable to access the link or our website, please reach us on any of our customer care channels to receive a copy.
The Bank may hold and process, by computer or otherwise, any information obtained about the Chama
The Chama confirms that the Bank may at any time and from time to time at its sole discretion carry out credit checks with any of the licensed credit reference agencies on the Borrower.
The Chama agrees that the Bank may: -
include personal data of the Chama in the Bank’s computer systems which may be accessed by other companies in the Bank’s group for credit assessment, statistical analysis including behavior and scoring and to identify products and services (including those supplied by third parties) which may be relevant to the Chama; and
permit other companies within the Bank’s group to use personal data and any other information it holds about the Chama on the Bank’s computer systems to bring to its attention products and services which may be of interest to the Borrower.
The Chama agrees that the Bank may disclose any information relevant to the Chama in the Bank’s possession on terms that such recipient is to treat in confidence any confidential information so disclosed to it and further agrees that the Bank may disclose personal data and/or information relating to the Chama or any relevant party outside the Bank’s group whether such personal data and/or information is obtained after the Chama ceases to be the Bank’s customer or during the continuance of the bank-customer relationship or before such relationship was in contemplation:-
for fraud prevention purposes.
to licensed credit reference agencies or any other creditor if the Chama is in breach of its obligations to the Bank and the Chama agrees that such information may be used by other banks or institutions in assessing credit applications and for debt tracing.
to the Bank’s external lawyers, valuers, survey agencies, auditors, software developers and sub-contractors or other persons acting as agents of the Bank.
to any person who may assume the Bank’s rights under these Terms.
to debt collection agencies.
to any regulatory, fiscal, or supervisory authority, any local or international law enforcement agencies, governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities and law enforcement agencies or courts where demand for any personal data and/or information is within the law.
to the Bank’s subsidiaries, affiliates and their branches and offices (together and individually).
if the Bank has a right or duty to disclose or is permitted or compelled to do so by law.
for purposes of exercising any power, remedy, right, authority or discretion relevant to the Letter or the Security following the occurrence of an Event of Default, to any other person or third party as well.
The Chama acknowledges and agrees that, notwithstanding the terms of any other agreement between the Chama and the Bank, the disclosure by the Bank of information relevant to the Chama in the circumstances contemplated in this clause does not violate any duty owed to the Chama either in common law pursuant to any agreement between the Bank and the Chama or in the ordinary course of banking business and the customs, usage and practice related thereto and further that the disclosure as aforesaid may be made without reference to or further authority from the Chama and without inquiry by the Bank as the justification or validity of such disclosure.
Provided that any consent given to the Bank to disclose information to any third party excluding the law enforcement, investigative and regulatory authorities or where demand for any personal data and/or information is within the law, may be withdrawn at any time
All records of KCB relating to the Account and/or arising out of the use of the Service, including the recorded time of the transaction and the Authorized User originating the transaction, shall be conclusive proof of the genuineness and accuracy of the transactions in the Account and may not be challenged by the Chama and/or Authorized User on any grounds. The authority to record the transaction details is hereby expressly granted by the Chama to KCB.
You acknowledge that the Bank may retain your personal data and/or information for a period of up to seven (7) years or as may be required by law.
DISCLAIMER OF LIABILITY
The Bank will not be liable for any losses or damage suffered by you as a result of or in connection with: -
Unavailability of sufficient funds in your KCB Chama Account.
the money in your KCB Chama Account being subject to legal process or other encumbrance restricting payments or transfers thereof.
Your failure to give proper or complete instructions for payments or transfers relating to your KCB Chama Account.
any third party claims that our products or Services infringes their proprietary rights
any delay or error in or interception or loss of any notices, information, documents or communications from us, or instructions from you;
any payment restriction due to any Applicable Laws;
any incorrect interpretation by you of instructions given by us (if any).
our refusal to act on any instruction, or any other thing we do or do not do;
any action taken by us which we deem necessary to meet any obligation, in any jurisdiction, or to prevent prevention of any unlawful activity;
any loss of or destruction to or error in our records;
any act or failure to act by a third party beyond our control;
Failure, malfunction of your mobile device
KCB shall not be liable to the Chama or Authorized User for inability of an Authorized User to utilize the Service due to the Authorized User not being within the geographical range within which the Service is offered. The Chama agrees that KCB shall not be liable to the Chama or the Authorized User(s) for loss and damage caused directly or indirectly by:
The Chama breaching any of these Terms and Conditions and/or the KCB Account Opening Terms and Conditions.
Cancellation, Suspension and/or defects on the Authorized User’s Mobile Phone Numbers/SIM Card.
Non-availability of the Service or non-performance by service providers, if any, engaged by KCB or any cellular service provider.
Any use of the Service including relying on the Alerts for the Chama’s commercial, investment or business purposes.
The Chama accepts that each Alert may contain certain Account information relating to the Chama. The Chama authorizes KCB to send Account-related information, even though not specifically requested, if KCB deems that the same is relevant.
Without limitation to the other provisions of these Terms and Conditions, KCB, its employees, agents or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Chama or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of KCB in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Chama and the network of any cellular service provider and KCB’s system or any breakdown, interruption, suspension or failure of the telecommunication equipment or the Illegal or improper use of the Service by the Authorized User or any other person.
The Chama and the Authorized User are solely responsible for protecting their password for the use of the Service. In addition, KCB shall not be liable for any loss and damage resulting from error, fraud, negligence or any unlawful act or omission committed by an Official or Member in relation to the Account. The Chama and each Authorized User hereby undertake to indemnify the KCB against any costs, expenses, damages, penalties and any other awards issued against KCB in respect of claims grounded on such errors, fraud, negligence and unlawful acts / omissions.
KCB will not be liable for any unauthorised use of any password (s) given to any Authorized User or Mobile Phone Number or for any fraudulent, duplicate or erroneous instructions given by use of the Chama’s password or Mobile Phone Number; acting in good faith on any instructions received by KCB; error, default, delay or inability of KCB to act on all or any of the instructions; and loss of any information / instructions in transmission. KCB shall not be liable for the oversight on part of the Chama to update itself with the products which are provided through the Service.
WARRANTY
KCB does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Service.
You represent and warrant that: -
you have full legal capacity and authority, to use these Services, and to give us all instructions in connection with the Services, and to comply with your obligations under these Terms.
you have the power and have obtained all authorisations necessary to agree to these Terms.
your obligations under these Terms are valid, binding, and enforceable and will not breach and are not against any agreement, Authorisation or applicable law.
you will not use the Services for any unlawful activity.
all information you provide to us, is true, accurate and complete and if there is a change in the information provided, you will report the change as soon as possible to Us.
you have not withheld any information that would cause us to refuse any Service to You.
you will comply with all laws in Kenya or elsewhere in the world that apply to you including reporting your tax obligations.
You agree that these representations and warranties: -
will apply to you and any Authorised Person; and
will be repeated each time you and/or any Authorised Person use or apply for any Account or Service
INDEMNITY
In consideration of KCB providing the Service, the Chama undertakes to indemnify and keep KCB safe and harmless from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which KCB may at any time incur, sustain, suffer or be put to as a consequence of or arising out of acting in good faith or acting on or omitting or refusing to act on any instructions given by use of the Service.
The indemnity in aforementioned shall also cover the following:
All demands, claims, actions, losses and damages of whatever nature which may be brought against the Bank or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or Mobile Device , the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the Bank’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by the Bank.
Any loss or damage that may arise from your use, misuse, abuse, or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
Any unauthorized access to your Mobile banking profile or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Mobile Device.
Any loss or damage occasioned by the failure by you to adhere to these Terms and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third-party facilities or systems or the inability of a third party to process a Transaction or any loss which may be incurred by the Bank as a consequence of any breach by these Terms.
Any damages and costs payable to the Bank in respect of any claims against the Bank for recompense for loss where the particular circumstance is within your control.
Any claim brought against the Bank by a third party resulting from your breach of these Terms
The Chama may at any time discontinue or unsubscribe from the Service.
CHARGES AND TAXES
The Bank shall have the discretion to charge fees as it may deem fit from time to time and may at its sole discretion, revise the fees for use of any or all of the Services. Such fees shall be published from time to time according to our tariff which is available in all branches of the Bank including the Bank’s website
KCB bank Tariff (kcbgroup.com) and/or Apps and SMS). Any Transactions conducted post such notification shall imply your acknowledgement and acceptance of the fees posted on the website.
You hereby agree to pay all Transaction Fees payable in connection with your use of the Service.
You shall pay to the Bank and the Bank is entitled to deduct from your Bank account (without further reference to you):
Any Transaction Fees payable in respect of the use of the Service.
Any legal charges including advocate and Customer costs incurred by the Bank in obtaining legal advice in connection with your chama account and your dealings with the Bank or incurred by the Bank in any legal, arbitration or other proceedings arising out of any dealings in respect of your KCB Chama profile; and
All other fees, expenses and taxes, duties, impositions, and expenses incurred in complying with your Requests.
You hereby agree to pay costs charges and expenses incurred by the Bank in obtaining or attempting to obtain payment of any loan owed under your KCB Chama profile.
All payments to be made by you in connection with these Terms are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay the Bank an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.
Amounts in your KCB Chama profile may be subject to withholding tax in accordance with applicable Kenyan, foreign or international law.
You consent and agree that the Bank may withhold amounts in your KCB Chama profile or any other of your accounts held with the Bank at any time, if any Kenyan or foreign tax authority requires the Bank to do so, or whenever the Bank is otherwise required by such law or needs to comply with internal policies or with any applicable order or sanction of such tax authority.
STATEMENTS
You may request for a statement or activity report in respect of your KCB Chama profile from the Bank.
Account Statement shall provide details of the last five (5) Transactions, or such other number of Transactions as determined by the Bank.
You may obtain printed Mini Statements or a printed Bank statement pertaining to your KCB Chama profile from the Bank’s branches. You shall be responsible for the payment of any charges levied by the Bank for such printed statements.
Save for a manifest error, a Mini Statement or Bank statement issued to you aforesaid in respect of your KCB Chama profile shall be conclusive evidence of the Transactions carried out on your profile for the period covered in the Mini Statement and/or Bank statement.
You are under a duty to:
check all entries in the Statement
report promptly on any error or omission
monitor all Transactions and balances and report any unauthorized Transaction.
The Bank reserves the right to rectify any errors, omissions in any statement or confirmation advice and any such amended statement or confirmation advice shall be binding on you.
VARIATION
The Bank reserves the right to vary, amend, supplement or replace all or any of these Terms from time to time in the event of any change in applicable law or regulation or in the application or interpretation thereof or the occurrence of any event which in the sole opinion of the Bank, materially and adversely affects the relationship with the customer subject to the requirements of any statute.
Any such variations or amendments may be published in posters or pamphlets available at the Bank’s branch outlets, in the daily newspapers, on our website and/or by any other means as determined by us and any such variations and amendments shall take effect immediately upon the lapse of thirty (30) days’ notice issued by the Bank informing you about the variations or amendments.
You hereby agree to access the amended/varied Terms and Conditions at www.kcbbankgroup.com and/or any other publication as provided by the Bank.
If you do not accept the supplement or amendment to these Terms, you must stop using the Services. If you continue to use the Services after the supplement and amendment takes effect, you are deemed to have accepted the change or addition without reservation.
ASSIGNMENT
These Terms are binding on You and Us even if:-
We change our name or constitution.
We consolidate or amalgamate with another entity, in which case, that entity will substitute Us in relation to these Terms and all Accounts and Services available and these Terms will continue in force between You and that entity.
SEVERABILITY
Each of the provisions of this Agreement is severable and distinct from the others and, if at any time one or more of these becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
INTELLECTUAL PROPERTY
The Customer acknowledges that the Intellectual Property Rights in the System (and any amendments or enhancements thereto from time to time) and all associated documentation that the bank provides to the customer through the system or otherwise are vested either in the bank or in other persons from whom the bank has a right to use and sublicense the system and /or the said documentation. The customer shall not infringe any such intellectual property rights.
The customer shall not duplicate, reproduce or in any way tamper with the system and associated documentation without the prior written consent of the Bank.
SUSPENSION AND TERMINATION
The Bank may at any time, after a fourteen (14) days’ notice to you, suspend or terminate its business relationship with you and close your KCB Account and in particular but without prejudice to the generality of the foregoing the Bank may cancel credit limit which it has granted and require the repayment of outstanding debts resulting therefrom within such time as the Bank may determine.
Without prejudice to the Bank rights, the Bank may at its sole discretion suspend, decline your access to the Service, or close your Chama Account:
If the Bank has reason to believe that the KCB Account is being used for unauthorized purposes or where the Bank detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services.
If there’s reason to suspect that there’s a breach affecting several customers that cannot be precisely determined in advance and restriction is necessary in protecting those customers. The Bank shall not be held liable for any direct or indirect damage suffered by the customer as a result of the security restriction
If there is an attack on the Bank’s system or If there is a mass or targeted phising attack, or suspicion thereof
If your KCB Account or agreement with the Bank is terminated for whatever reason.
If the Bank is required to comply with an order or instruction of or a recommendation from the government, court, regulator, or other competent authority.
If the Bank reasonably suspects or believes that you are in breach of these Terms (including non-payment of any Loan amount due from you where applicable).
Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety.
To facilitate update or upgrade the contents or functionality of the Services from time to time.
Where you remain inactive for any period of time determined by the Bank in its reasonable discretion.
If the Bank decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.
Where upon request by the Bank you fail to provide further information pertaining to your account or information provided is false or misleading.
If the mobile phone number used to register for KCB Account is no longer subscribed to a Mobile Network; or
If you commit any material breach of any of the provisions of this Terms of Use and if capable of remedy, you fail to remedy the breach within the period notified by the Bank.
You may terminate your use of the Service at any time at any Branch of the Bank.
The Bank shall continue to process any properly initiated instructions and/or payments which the Bank receives before the date of termination. Termination shall only be effective as to prospective Transactions only and shall not alter any of the rights or liabilities of the Bank or the Customer as to any Transactions and/or payment obligations incurred prior to the date of termination.
If the Bank receives notice of your demise, the Bank will not be obliged to allow any operation or withdrawal from your KCB Account by any person.
On termination of the Service, all rights granted to you in respect of the KCB Chama profile shall immediately cease.
NOTICES
Your enrollment to the Service may include access to mobile text messaging related services and alerts (“Alerts”). By using the Service, you agree that the Bank may send messages through your mobile service provider for delivery to you and that your mobile service provider is acting as your agent in this capacity.
The Bank may use a mobile phone number or email address the Bank has in its records for you or such other contact you may provide for sending these Alerts.
These Alerts are provided for your convenience and do not replace your account statements, which are the official record of your accounts.
In addition, KCB may also publish notice of general nature regarding the Service, which are applicable to all Chamas. Such notice will be deemed to have been served individually to each Chama.
You understand and agree that the information sent through an Alert may not be encrypted and may include personal information about you such as your account activity or account status, and anyone with access to your email or mobile device may be able to access the Alert.
The Bank endeavors to provide Alerts to you in a timely manner, however the Bank does not guarantee the delivery and accuracy of any information sent through an Alert. Messages may be delayed or impacted by factors pertaining to your mobile service provider, internet service provider or other third parties. You agree that unless otherwise expressly provided in writing, any notices, information, documents and communications sent by us to you via the Service will be deemed effective or received by you at the time and date it is dispatched from our Equipment to you.
We shall not be responsible for notices, information, documents and communications after they are sent. You acknowledge that you have no claim against the Bank for damages resulting from losses, delays, misunderstandings, mutilations, duplications, or any other irregularities due to transmission of any communication pertaining to the Mobile banking profile
CUSTOMER COMPLAINTS
Complaints may be made in person, in writing, by post, fax, email or by telephone. For purpose of reporting a complaint, the following may be used: SMS number 5222 and WhatsApp number 0711 087087 or you can contact us by via our Customer Care contacts on [email protected], +254 711 087000, +254 732 187000, +254 20 2287000 to report any disputes, claims or Chama Mobi Account discrepancies.
If you are unhappy with any aspect of the Services or products provided under these Terms, we have procedures in place to deal with your concerns effectively.
You should bring your complaint to our attention with the contact information provided and we will aim to deal with any complaints promptly and fairly. A copy of our complaint’s procedure is available on request from any branch or our Contact Centre
The Bank will take all measures within its means to resolve your complaints within a reasonable time. All complaints will be handled in accordance with the Bank’s complaints handling procedures, which are available on request from any Bank Branch or the Customer Care Centre. Where a notification regarding your complaint or any other matter is expected from the Bank but not received, you may make a further complaint within a reasonable time after non-receipt of such notification.
Applicable tariffs will be charged by your telephone and internet service provider(s) when communicating with the Customer Care Centre.
FORCE MAJEURE
The Bank shall not be liable to the Customer or be deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of its obligations under these KCB Chama Terms and Conditions if the delay or failure was due to any cause beyond the Bank’s control. Without prejudice to the generality of the foregoing the following shall be regarded but not limited to as causes beyond the Bank’s control: acts of God, national emergency, war, prohibitive governmental action, law, regulatory requirements, riots, strikes, civil disturbance, storm, fire, flood, earthquake, terrorist activities, and bomb explosions.
ENTIRE AGREEMENT
These terms and conditions, together with our privacy policy shall constitute the entire agreement between you and us in relation to the KCB Chama Product and shall supersede all previous agreements between you and us in relation to the product.
GOVERNING LAW
in accordance with all applicable laws, rules, and regulations of Kenya.
You may contact the Customer Contact Centre to report any disputes, claims or Account discrepancies arising out of these Terms.
Any dispute arising out of or in connection with these Terms that is not resolved by Customer Care Centre representatives shall be heard exclusively in the Kenyan courts.