WEBSITE TERMS AND CONDITIONS

These terms and conditions govern your access to and use of www.izwekenya.com (“this website”) and will apply whenever you access this website.

By accessing and using this website you acknowledge that you have read and understood these terms and conditions and agree to be bound thereby. By agreeing to these terms and conditions, you represent and warrant that you are at least the age of majority in Kenya and are legally capable of entering into a binding contract.

If you do not agree to be bound by these terms and conditions, please do not continue to use this website.

COMPANY DETAILS

Izwe Loans Kenya Limited (“Izwe Kenya”) is a limited liability company incorporated under the laws of Kenya with its registered office at 46 Kabarsiran Avenue, Muthangari, Nairobi, Kenya.

USE OF THIS WEBSITE

You may not access or use this website for any illegal or unauthorised purpose, including without limitation, in violation of any intellectual property or privacy law or to conduct any activity that would constitute a civil or criminal offence or violate any law.

You may only use this website for your own private use and not for any commercial or public purposes. You may not interfere, or attempt to interfere, with this website’s network or security features or gain unauthorized access to Izwe Kenya’s systems.

PRODUCTS AND SERVICES

All products and services described on this website are offered at the sole discretion of Izwe Kenya, subject to the specific terms and conditions on which they are offered, and may be withdrawn or amended at any time without any prior notice.

This website may contain general information about Izwe Kenya’s products and services. Unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract nor does it form part of the terms and conditions applicable to any specific product or service.

The products and services described on this website are directed at and restricted to individuals resident in or entities having their place of business in Kenya only.

All applications for products and services submitted via this website are subject to Izwe Kenya’s normal credit approval criteria.

DISCLAIMER

Whilst every reasonable effort is taken to ensure that the content of this website is free from error, Izwe Kenya does not warrant the accuracy, reliability, adequacy, recency or completeness of the content or information contained on this website.

The content and information contained on this website is provided for general information only and should not be used as a basis for making decisions. Any advice or information received via this website should not be relied upon without consulting primary or more accurate or up-to-date sources of information or seeking specific professional advice.

Your use of any content or information on this website is entirely at your own risk, for which Izwe Kenya shall not be liable. It is your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.

Izwe Kenya does not warrant that the functions provided by this website will be uninterrupted or free from errors, viruses or other harmful components. Whilst Izwe Kenya takes reasonable measures to ensure the safety and security of this website, it does not warrant or represent that this website will be available 24 hours every day or that it is safe and secure.

Izwe Kenya does not guarantee that any information or emails submitted by you on this website will be received by Izwe Kenya unless confirmation is provided, nor does Izwe Kenya warrant the privacy and/or security of information or emails during the internet transmission which is outside Izwe Kenya’s control.

EXCLUSION OF LIABILITY

Neither Izwe Kenya, nor its affiliates or their respective directors, shareholders, agents, consultants or employees, shall be liable to you or any third party for any loss or damage arising directly or indirectly (including special, indirect, incidental or consequential loss or damage) from the use of this website, howsoever arising, including any loss, damage or expense arising from, but not limited to, any defect, virus, error, imperfection, fault, mistake or inaccuracy with this website or any content or information contained thereon.

PERSONAL INFORMATION

When accessing or using this website, you may be requested to provide certain of your personal information. If you provide any such information, you warrant that the information that you provide relates to you and is true and complete.

To the extent that you provide any of your personal information to Izwe Kenya via this website or by email message, you agree that Izwe Kenya may collect, store, analyse and use your personal information to (i) contact you in connection with any application you may submit on this website; (ii) communicate with you regarding new or existing product and/or service offerings, competitions or promotions; and (iii) analyse and compile reports and databases for purposes of internal analysis.

Whilst any information that you provide on this website will be stored on a secure server and every reasonable effort is taken to ensure that your information is protected, Izwe Kenya does not guarantee and provides no warranties or undertakings with regards to the security of information collected electronically or transmitted, whether through this website or by other means.

Izwe Kenya will never use this website or email message to ask you for sensitive information such as your passwords, bank accounts or credit card details. Be suspicious of any email message or link that asks you to enter or verify such sensitive information through this website or by replying to any email message.

LINKS TO THIRD PARTY WEBSITES

Any links from or to third party websites outside this website are meant for convenience only. Izwe Kenya does not review, endorse, approve or control, and is not responsible for any such websites, the contents thereof, the third parties named therein, or their products and services. Your access to any third party websites linked to this website is at your own risk and Izwe Kenya will not be liable to you for any claim whatsoever arising from or attributable to your use of any such third party websites.

INTELLECTUAL PROPERTY RIGHTS

All materials, information, marks and logos contained in or displayed on this website are the copyright of Izwe Kenya and may not be modified, reproduced, downloaded, stored in a retrieval system, transmitted, copied, distributed, published or used in any other way for any commercial or public purposes without the written consent of Izwe Kenya.

INDEMNITY

You hereby agree to indemnify and to keep Izwe Kenya fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by Izwe Kenya arising from or which is directly or indirectly related to your use of this website, the transmission of any information on or through this website by you, or your violation of these terms and conditions or any third party’s rights, including but not limited to copyrights, proprietary and privacy rights.

JURISDICTION

These terms and conditions are governed by the laws of Kenya, irrespective of whether you are Kenyan or are accessing this website outside of Kenya. Any dispute arising out of or in relation to these terms and conditions shall be submitted to a single arbitrator and decided by arbitration in terms of the Arbitration Act (Act No.4 of 1995) of the Laws of Kenya, which arbitration shall be conducted in Nairobi and the language of the arbitration shall be in English.

The above provisions shall not prohibit or restrict any party from applying for any urgent or mandatory relief from any court or competent jurisdiction.

GENERAL PROVISIONS

Izwe Kenya may, from time to time, update or amend these terms and conditions, the content of, or available products and services on, this website without any prior notice to you. It is your responsibility to read the terms and conditions every time you access this website. If you continue to access this website after such amendment you are regarded to have agreed to be bound by such amended terms and conditions. Amended terms and conditions will supersede and replace any previous versions of the terms and conditions.

If any of the provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.

The contents of these terms and conditions shall not limit any specific provisions set out in the terms and conditions relative to any specific products and services described on this website.

These terms and conditions are to be read together with any terms, conditions or disclaimers contained in the pages of this website which will be deemed to be incorporated herein.