The following General Terms and Conditions (GTC) will govern your relationship with Moneza Limited (“Moneza”) when you apply for and/or are offered any services by Moneza. By accessing and utilizing our Services, you agree to comply with and be bound by these Terms and Conditions governing the provision of the Services, and you will be deemed to accept and agree with the Terms and Conditions of this Agreement upon accessing our platforms or services. Please ask us if you do not understand any of these General Terms and Conditions to avoid any misunderstandings, and we recommend you seek independent legal advice if you are in doubt about any of your obligations. The headings in these Terms and Conditions are for reference purposes only and shall not affect the interpretation or meaning of these Terms and Conditions. These Terms and Conditions should be read together with the specific Moneza Service Terms and Conditions, the Moneza Privacy Policy and the Moneza Privacy Notice for use of the Services. By accessing our site, our Services offered on different platforms, or downloading the App and opening an Account you also agree to comply with and be bound by the said product terms and conditions, Privacy Policy and Privacy Notice. DEFINITIONS AND INTERPRETATIONS
In these Terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:
2.1. “Account” means the unique identifier or other forms of identification allocated to you by Moneza; 2.2.“Agreement” means these General Terms and Conditions and any Service-specific terms and conditions; 2.3. “Authorized body” means any governing authority or other entity mandated to exercise supervisory or law enforcement authority over Moneza or You; 2.4.“Business Day” means any day on which business is usually conducted in the Republic of Kenya, excluding Saturdays, Sundays or Public Holidays; 2.5.“Additional Expenses” means any benefits, ancillary expenses, interest charges, fees and/or other expenses incurred by the Customer; 2.6.“Channel” means Website, Moneza App, USSD or any other form through which Moneza Services are provided; 2.7.“Credentials” means your personal credentials used to access the Moneza Channels and operate your Account; 2.8.“Credit Bureau” means all licensed Credit Reference Bureaus being utilized by Moneza from time to time; 2.9. “Confidential Information” means any information or Data of any nature, tangible or intangible, oral or in writing, and in any format or medium, which by its nature or content is, or ought reasonably to be identifiable as confidential and/or proprietary to the Disclosing Party or a third party associated with the Disclosing Party; 2.10.“Customer” means any person who has accessed any of the Moneza Services through the Channels; 2.11.“Customer Information” means information concerning your Personal Data, Sensitive Personal Data, Health Data and/or Tax Information, including relevant information about you, your transactions, your use of our Services, and your relationships with Moneza; 2.12.Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 2.14.Headings in these Terms and Conditions are for convenience purposes only, and they do not affect the interpretation of this Agreement.
ACCESS TO MONEZA SERVICES
3.1.In order to access Moneza Account services, you must be at least 18 years old. Moneza reserves the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider. 3.2.You may access Moneza services solely by way of an electronic application made by you using your Equipment via any of Moneza’s Channels. 3.3.You recognize the importance of complying with all Anti Money Laundering (AML) laws and the importance that we place on the implementation of compliant and effective AML processes. Accordingly, we will carry out our obligations under this Agreement diligently and promptly to ensure we comply with our obligations under AML Laws. 3.4.In particular, but without limitation, we will: a.collect and record evidence providing the identity of Customers (and any persons on whose behalf they are acting) seeking to use the Service; 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.
ACCESS TO MONEZA SERVICES
4.5.In order to access Moneza Account services, you must be at least 18 years old. Moneza reserves the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider. 4.6.You may access Moneza services solely by way of an electronic application made by you using your Equipment via any of Moneza’s Channels. 4.7.You recognize the importance of complying with all Anti Money Laundering (AML) laws and the importance that we place on the implementation of compliant and effective AML processes. Accordingly, we will carry out our obligations under this Agreement diligently and promptly to ensure we comply with our obligations under AML Laws. 4.8.In particular, but without limitation, we will: collect and record evidence providing the identity of Customers (and any persons on whose behalf they are acting) seeking to use the Service; collect, record, and keep such AML records for all transactions in safe custody for the period(s) required by regulatory provisions and our privacy policy. You agree that, from time to time, We may amend or add to this to comply with such regulatory amendments or requirements.
RESPONSIBILITY TO KEEP YOUR LOGIN DETAILS
You agree that you shall: 5.1.At your own expense, provide and maintain in a safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services; 5.2.Ensure the proper performance of your Equipment, and that We shall neither be responsible for any errors or failures caused by any malfunction of your Equipment nor shall We be responsible for any computer virus or related problems that may be associated with the use of the Channel, the Services or the Equipment; 5.3.Be responsible for charges due to any service provider providing you with connection to the Network and We shall not be responsible for losses or delays caused by any such service provider; 5.4.Follow all instructions, procedures, and terms contained in this Agreement and any document provided by Us concerning the use of the System and the Services; 5.5.Be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into the possession of any unauthorized person. We shall not be liable for any disclosure of your Credentials to any third party, and you hereby agree to indemnify and hold Us harmless from any losses resulting from any disclosure of your Credentials; 5.6.Take all reasonable precautions to detect any unauthorized use of the Moneza channels and the Services, and you shall ensure that all communications from Us are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected; 5.7.Not at any time operate or use the Services in any manner that may be prejudicial to Us; and 5.8.Follow the security procedures notified to you by Us from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Services are not used, or Requests are not issued, or the relevant functions are not performed by anyone other than a person authorized to do so.
YOUR REQUESTS
6.1.You authorize us to act on all Requests received from you (or purportedly from you) through the channel and to hold you liable in respect thereof, even if that Request is otherwise, for any reason, incomplete or ambiguous, without any reference to you being necessary. 6.2.We shall be deemed to have acted properly and to have fully performed all the obligations owed to you, notwithstanding that the Request may have been initiated, sent, or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which we may act if we have in good faith acted in the belief that such instructions have been sent by you. 6.3.You acknowledge that we may nevertheless refuse to carry out any Requests in our sole and absolute discretion, including the right to reject any Request from you even if you have previously accessed our services. 6.4.You agree to and shall release from and indemnify us against all claims, losses, damages, costs, and expenses, howsoever arising in consequence of, or in any way related to Us having acted (or failed to act) in accordance with the whole or any part of any of your Requests. 6.5.You acknowledge that, to the full extent permitted by law, we shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, any activity, or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account PIN, password, ID or any means whether or not occasioned by your negligence. 6.6.In the event of any conflict between any terms of any Request received by Us from you and this Agreement, this Agreement shall prevail.
TRANSACTIONAL COSTS/SERVICE FEES
7.1.You hereby agree to pay all Transaction Fees payable in connection with your use of the Services and all other fees, expenses and taxes, duties, impositions and expenses incurred in complying with your Requests. 7.2.Moneza reserves the right from time to time by way of notice, to vary the charges in accordance with this agreement. 7.3.You shall pay all monies due to Moneza without set-off, counterclaim, or deduction. 7.4.Payments sent through the Mobile Network Operators (MNO), or Banks shall be subject to the MNO or Bank’s standard charges for such transfers.
CUSTOMER ACCOUNT STATEMENTS
8.1.A statement and activity report will be made available to you in accordance with the specific terms and conditions for the product/services you have opted in. Any queries on such statement may be directed via the via e-mail at info@moneza.co.ke 8.2.We reserve the right to rectify discrepancies, add and/or alter the entries in your statements without prior notice to you. We will however inform you of any rectifications, additions and/or alterations affected by your statements within a reasonable time after the changes are effected. 8.3.Save for a manifest error, a statement issued to you in respect of your transactions shall be conclusive evidence of the transactions carried out and requested by you from your Equipment for the period covered in the statement.
INTELLECTUAL PROPERTY
9.1.You acknowledge that all intellectual property rights in the Services and system anywhere in the world belong to Moneza or our licensors. 9.2.You further acknowledge that you have no right to have access to any Moneza platform in source code form.
USE OF PERSONAL DATA
10.1.You hereby agree and authorize Moneza to collect and process your personal information for the provision of Moneza products and services including your phone number, name, date of birth, ID or Passport Number and such other information that will enable Moneza to identify you and comply with the regulatory “Know Your Customer” requirements and in accordance with our Privacy Policy. 10.2.Moneza upholds the importance of protecting the privacy of all information provided by users of its Services. 10.3.We use your Personal Data and Relevant Information in accordance with our Privacy Policy and the Kenya Data Protection Act, 2019. Please take the time to read our Privacy Policy and Privacy Notices as they set out the consents, we may require from you and ask you to provide on; how we collect, use, store and share your Customer Information. 10.4.In addition to the links within this Agreement, copies of the Privacy Policy and Privacy Notice are also available on the Moneza App and the Moneza Website https://moneza.ke/. 10.5.You may also request for copies of the above and these Terms and Conditions by writing to us via email at info@moneza.co.ke 10.6.The terms of Moneza’s Privacy Policy and Privacy Notice are incorporated into the Terms and Conditions of this Agreement. Before accessing any of our services through the Moneza Channels you will be required to have also read and understood the provisions of our Privacy Policy and Privacy Notice. 10.7.You acknowledge and agree that Moneza’s verification of your Personal Data and Relevant information shall be as specified in the relevant Privacy Notice and Privacy Policy. 10.8.You acknowledge and agree to our use of automated processing to determine your eligibility for our Services based on the Personal Data and Relevant Information that we collect. You may object to the automated processing of your Personal Data, but doing so will prevent us from providing you with our Services. If you wish to request a reconsideration of an automated decision, you may contact us via email at info@moneza.co.ke 10.9.You acknowledge and agree that your Personal Data collected by Moneza may be stored and processed in Kenya or any other country in which Moneza or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of Kenya. 10.10.You acknowledge that by using the Services, some of your Personal Data will be passed on to Mobile Money Providers and our technology and service providers and you hereby authorize Moneza to share with, provide or disclose to such third parties with which you have separately contracted or with which you intend to contract your Personal Data including any Customer Information, information pertaining to you or your loan account, or your usage of Moneza products and Services provided that the authority given to Us to disclose information to such third parties (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time as per our privacy policy. 10.11.You acknowledge that Moneza may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements. 10.12.You accept that Moneza shall have the right to monitor your account usage and may disclose Personal Data to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities. 10.13.Moneza personnel who handle Personal Data have a responsibility and are under an obligation to treat it securely, confidentially and may not disclose it to unauthorized third parties. Personnel who violate Moneza’s privacy policies are subject to a range of disciplinary actions. 10.14.Any person submitting any information to Us through the App may be granted access rights to that information in accordance with the Privacy Policy. You agree to inform us promptly, and in any event, within 30 days, in writing, if there are any changes to your Credentials and to respond promptly to any request from us if: You fail to provide promptly Customer Information that we reasonably requested; or You withhold or withdraw any consents that we may need to process, transfer, or disclose Customer Information for your use of the Services (except for purposes connected with marketing or promoting products and services to you); or We have, or a member of Moneza has, suspicions regarding money laundering activities, fraud, or other criminal activities and/or associated risks. We may: be unable to provide new, or continue to provide all or part of the Services to you and reserve the right to terminate our relationship with you; take actions necessary for us or a member of Moneza to meet any compliance obligations as required by Applicable Law; and/or block, transfer, or close your account(s) where permitted under Applicable Law. 10.15.You consent that we may send you notifications about: a.the Services or transaction related matters that may be of importance to you; and b.marketing messages about the Services. You consent that we may send you notifications through our App as well as SMS and emails to the email address and mobile phone number you provide to Us at the time of registration. 10.16.You may at any time opt-out from receiving direct marketing communications from us by: a.writing to info@moneza.co.ke, and/or b.use the unsubscribe instructions in any email/SMS communications sent to you. c.For App notifications only, you may turn these off at the device level through your settings or through the mobile application settings within the App. 10.17.In addition, if you fail to supply promptly your tax Information and accompanying statements, waivers, and consents, as may be requested, then we may make our own judgement with respect to your status, including whether you are reportable to a Tax Authority, and may require us or other persons to withhold amounts as may be legally required by any Tax Authority and pay such amounts to the appropriate Tax Authority. 10.18.By uninstalling the App from your Device, you can withdraw your consent from Moneza accessing your Customer Information in the future, but you acknowledge and provide your consent that we may keep and share the Customer Information provided up until the point of uninstall for as long as necessary for the fulfilment of the purposes for which Customer Information was obtained, or for the establishment, exercise, or defence of legal claims, or for legitimate business purposes, or as permitted by law.
TAXES
11.1. All payments to be made by you in connection with this Agreement are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay us 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. 11.2. You hereby consent and agree that we may withhold amounts in your Account, if any tax authority requires Us to do so, or We are otherwise required by law or pursuant to agreements with any tax authority to do so, or if We need to comply with internal policies or with any applicable order or sanction of a tax authority.
COMMUNICATION METHODS
12.1. You consent that we may send you notifications about: a.the Services or transaction related matters that may be of importance to you; and b.marketing messages about the Services. You consent that we may send you notifications through our App as well as SMS and emails to the email address and mobile phone number you provide to Us at the time of registration. You may at any time opt-out of receiving direct marketing communications from us by: a.writing to us at info@moneza.co.ke and/or b.using the unsubscribe instructions in any email/SMS communications sent to you. c.For App notifications only, you may turn these off at the device level through your settings or through the mobile application settings within the App.
TERMINATION
13.1.We may, at any time, upon notice to you, terminate our business relationship with you and close your access to our Services. 13.2. Without prejudice to Our rights under this section. We may, at our sole discretion, suspend or close access to our Services if: a.We detect or reasonably suspect any abuse/misuse, breach of content, fraud, or attempted fraud relating to your use of the Services; b.We are required or requested to comply with an order or an instruction or a recommendation from the Government, Court, Regulator or other competent authority; c.We reasonably suspect or believe that you are in breach of this Agreement which you fail to remedy (if remediable) within five (5) days after the service of notice by email, SMS, or other electronic means requiring you to do so; d.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; e.you breach any of the License Restrictions; f.your Account or the agreement with the Mobile Money Provider and/or Mobile Network Provider is terminated for whatever reason; or g.We decide to suspend or cease the provision of the Services for commercial reasons or for any other reason. 13.3.Termination shall, however, not affect any accrued rights, remedies, and liabilities of either party. 13.4.If We receive notice of your death, we will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of a court order, administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by a court of competent jurisdiction.
INDEMNITIES AND LIMITATIONS OF MONEZA’S LIABILITY
14.1.Moneza shall not be responsible for any loss suffered by you should the Service be interfered with or become unavailable by reason of: a.the failure of any of your Equipment, or b.any other circumstances whatsoever not within Moneza’s control, including, without limitation, force majeure or error, interruption, delay, or non-availability of the service as a result of any terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system. 14.2.We will not be liable for any losses or damage suffered by you as a result of or in connection with: a.a defect or fault in the Moneza Channels or the Service resulting from you having altered or modified the Moneza Platforms; b.a defect or fault in the Moneza Platforms resulting from you having used the Moneza Platforms in breach of the terms of this Agreement; c.unavailability of sufficient funds in your Mobile Money Account; d.failure, malfunction, interruption, or unavailability of the Moneza Platforms, your Equipment, the Network or any Mobile Money System; e.the money in your Mobile Money Account being subject to legal process or other encumbrance restricting payments or transfers thereof; f.your failure to give proper or complete instructions for payments or transfers relating to your Mobile Money Account; g.any fraudulent or illegal use of the Services, the Moneza Platforms and/or your Equipment; or h.your failure to comply with this Agreement and any document or information provided by Us concerning the use of the Moneza Platform and the Service. 14.3.If, for any reason other than a reason mentioned in the subparagraphs above, the Service is interfered with or unavailable, Moneza’s sole liability under this Agreement in respect thereof shall be to re-establish the Service as soon as reasonably practicable. 14.4.In consideration of Moneza complying with your instructions or requests in relation to the Service, you undertake to indemnify Moneza and hold it harmless against any loss, charge, damage, expense, fee, or claim which Moneza suffers or incurs or sustains thereby and you absolve Moneza from all liability for loss or damage that you may sustain from Moneza acting on your instructions or requests or in accordance with this Agreement. 14.5.Except as provided in the subparagraphs above, Moneza shall not be liable to you for any interference with or unavailability of the Service, however caused. 14.6.In the event of your death, your obligations under this Agreement shall vest in your personal representative. 14.7.All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
FORCE MAJEURE
15.1.If a party is prevented, hindered, or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. 15.2.The Affected Party will inform the other party upon becoming aware of a Force Majeure Event and shall use all reasonable endeavors to continue to provide the Services and to comply with its obligations as fully and promptly as possible. 15.3.When any Force Majeure Event occurs, the Affected Party will give prompt written notice to the other party of the said event and will use commercially reasonable efforts to minimize the impact of such an event.
REPRESENTATIONS
You represent, on your own behalf, that: 16.1.Before entering this Agreement, you have read and understood the provisions herein and agree to comply with them. 16.2.By accessing and utilizing our Services, you agree that you have read and agree to comply with the terms and conditions of this Agreement, the Privacy Policy and the Privacy Notice. 16.3.All information and documents provided by you during onboarding are true, complete, and correct. 16.4.By accepting this Agreement, you consent to us collecting and using technical information about your Equipment and use of the Moneza Channels and any related software, hardware, and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you. 16.5.You will use the proceeds from the use and access of our services only for lawful activities and purposes. 16.6.You agree that any money shall be disbursed to the number you have registered with Moneza in accordance with the terms and conditions of this Agreement. 16.7.You will provide information to enable us to verify your identity, which is necessary to fulfil our due diligence obligations for any disbursement of any money to you. Such information shall be processed in accordance with our Privacy Policy and Privacy Notice. 16.8.You acknowledge that Moneza has disclosed to you the definitive terms and conditions of any of our Services granted hereunder, as well as the applicable charges and additional expenses, to which you express your acceptance by proceeding to use the license for our Services.
TERMS OF LICENSE TO USE OUR SERVICES
17.1.In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the Moneza Services on your Equipment, subject to this Agreement. We reserve all other rights. 17.2.Rights in the Channel are licensed (not sold) to you, and you have no rights in, or to, the Services or Channel or the Technology other than the right to use each of them in accordance with the terms of this Agreement. 17.3.By using any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. 17.4.Except as expressly set out in this Agreement, you agree not to: a.Rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the Moneza channels or Services; b.Make alterations to, or modifications of, the whole or any part of the Moneza channels or Services, or permit the Moneza App or any part of it to be combined with, or become incorporated in, any other programs; c.Disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Moneza System or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Moneza System with another software program, and provided that the information obtained by you during such activities is: not unnecessarily disclosed or communicated without our prior written consent to any third party; or not used to create any software that is substantially similar to the Services; to include our copyright notice on all entire and partial copies you make of the App on any medium; or provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without our prior written consent.
17.5.You also agree to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Moneza Service. 17.6.You are not permitted to do any of the following: a.use the Moneza Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Moneza Service or any related operating system; b.infringe our intellectual property rights or those of any third party in relation to your use of the Moneza Service, including through the submission of any material (to the extent that such use is not licensed by this Agreement); c.transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the Moneza Service; d.use the Moneza Service in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; and e.collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service. f.operate or use the Service in any manner that may be unlawful or prejudicial to Moneza.
CREDIT REFERENCE BUREAU
18.1.You confirm and acknowledge that Moneza may, from time to time, request and provide information to any Credit Reference Bureau regarding your credit history as well as obtain the corresponding reports. 18.2.If we intend to submit a negative or positive credit report to a Credit Reference Bureau for your breach of the provisions of this Agreement, we shall provide you with seven (7) days’ notice prior to such submission. After providing You with this notice, we shall notify you within thirty (30) days of submitting a negative or positive report that such a report has been submitted to any Credit Reference Bureau.
CONFIDENTIALITY AND DISCLOSURE
19.1.Each party undertakes and warrants that it will treat as confidential all information, that is not Personal Information, related to and received from the other party that it acquires as a result of the operation of these Terms and Conditions and to afford it the same degree of confidential treatment as it affords to its own confidential information. 19.2.Neither party will reveal any confidential information of the other to any third party without the express written consent of the disclosing party, except where such information is already in the public domain, has been legally acquired by the third party, or where disclosure of the confidential information is ordered by a court or other competent authority. 19.3.It is hereby further and agreed that Moneza may preserve the Client’s Confidential Information and may also disclose the Client’s Confidential Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: a.comply with legal process; b.enforce the terms of these Terms and Conditions; c.respond to claims that the Client’s use of the Moneza Service violates the rights of third parties; or d.protect rights and property. 19.4.In addition to the foregoing, you expressly authorize Moneza to disclose any Confidential Information including any information about Transactions made into or out of your Moneza Account to a regulatory agency such as (without limitation): a.the Central Bank of Kenya; b.the Communications Authority of Kenya; c.the Competition Authority of Kenya d.the Kenya Revenue Authority; e.Financial Reporting Center or other regulators or statutory body empowered under applicable law. 19.5.The Client shall not make available to any third party any Confidential Information (including without limitation, transaction data) unless compelled by law to do so.
NOTICES
20.1.Except as otherwise specified in the Agreement, all notices, requests, approvals, consents, and other communications required or permitted under these Terms and Conditions shall be in writing and shall be personally delivered or sent by: a.e-mail at info@moneza.co.ke or b.Through the Moneza channels.
GOVERNING LAW AND JURISDICTION
21.1.Moneza encourages you to bring to their attention any disputes, claims, or discrepancies via email at info@moneza.co.ke 21.2.In any event, you agree that you shall, in good faith, resolve any dispute, controversy, or claim of any nature whatsoever arising out of or in relation to, or in connection with this Agreement. 21.3.This Agreement will be governed by and construed in accordance with the laws of the Republic of Kenya, and parties agree to submit to the exclusive jurisdiction of the Kenyan courts.
GENERAL PROVISIONS
22.1.These Terms and Conditions (as may be amended) form a legally binding agreement binding on you and your personal successors. 22.2.This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person. 22.3.Moneza may vary or amend at any time and without notice to you these Terms and Conditions. Any such variations or amendments may be published in posters or pamphlets available in the daily newspapers, on Moneza’s website and/or by any other means as determined by Moneza, and any such variations and amendments shall take effect immediately upon publication. 22.4.No failure by Us to exercise, and no delay in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy. 22.5.If any provision or part of a provision of this Agreement shall be or be found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect. 22.6.The Terms and Conditions constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
COMPLAINTS AND CLARIFICATIONS
23.1.Any complaint or question regarding the Services may be made through the Moneza App to our customer care center or via email at info@moneza.co.ke 23.2.Upon receiving a complaint, Moneza is committed to resolving the complaint as quickly as possible and has procedures in place to help resolve any problems or complaints efficiently. For more information, refer to the Customer Complaint Handling Guidelines. 23.3.Applicable tariffs will be charged by your telephone and internet service provider(s) when communicating with Our Customer Care Centre.
