Publication Date: 14 July 2021

1. INTRODUCTION

  • These are the Terms and Conditions that govern the subscription, access and related use of the Izwe Loans Kenya Limited (“Izwe”) Unstructured Supplementary Service Data Services (“the USSD Services”).
  • Please read these Terms and Conditions before accessing the USSD Services.
  • By accessing the USSD Services 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 with any of these Terms and Conditions you may not subscribe for nor access the USSD Services.
  • These Terms and Conditions are in addition to, and not in derogation of, the terms and conditions relating to any Account you may have with Izwe and/or the any product or service provided by Izwe. These Terms and Conditions must further be read together with the Izwe’s general terms and conditions accessible on its website via the following link: izwekenya.com.
  • Izwe reserves the right to amend or supplement these Terms and Conditions at its sole discretion and such amendment or supplement shall be binding on you. An updated version of the Terms and Conditions will be made available on Izwe’s website and/or any other medium that Izwe may choose, and notify you of, from time to time.
  • In the event that you do not accept any material changes made by Izwe to these Terms and Conditions you must immediately discontinue using the USSD Services and deactivate your User Profile by visiting an Izwe branch or contacting the Izwe Customer Care Contact Centre on +254709530000 within seven days of publication of the updated version of the Terms and Conditions. If you do not notify Izwe of your intention to deactivate your User Profile within the seven day period, you will be deemed to have accepted the amended Terms and Conditions.

2. DEFINITIONS

  • “Account/s” means a User’s account maintained with Izwe which is eligible for transacting via the USSD Services;
  • “Izwe” means Izwe Loans Kenya Limited, a limited liability company incorporated under the laws of Kenya with its office at 46 Kabarsiran Avenue, Muthangari, Nairobi, Kenya;
  • “Mobile Device” means a smart phone, tablet and/or other mobile device which uses a SIM card issued by a mobile network operator which would enable the User to use the USSD Services;
  • “mPIN” refers to the unique mobile personal identification number which the User will create and use to log in to and transact via the USSD Services;
  • “Terms and Conditions” means these terms and conditions forming the contract between the User and Izwe in respect of the USSD Services;
  • “Service Provider(s)” includes but is not limited to mobile network operators, organizations or individuals whose services Izwe uses in relation to the USSD Services in any capacity and which Izwe, at its sole discretion, may determine from time to time;
  • “User/s” / “you” refers to a customer of Izwe registered and authorized to use the USSD Services;
  • “User Profile” refers to the profile created by the User via his/her Mobile Device during the registration process to enable him/her to use the USSD Services;
  • “USSD Services” is a service which Izwe provides to Users to enable them to communicate with Izwe for purposes of transacting on their Accounts via their Mobile Device.

3. THE USSD SERVICES

  • The USSD Services are accessible to Users via their Mobile Device allowing Users to communicate with Izwe in order to perform certain transactions on their Account(s).
  • The USSD Services are available to Izwe customers having an active Account and a mobile number registered with Izwe, and who are also current subscribers of a mobile network operator that issues mobile numbers and SIM cards to subscribers in Kenya, subject to these Terms and Conditions.
  • The provision of the USSD Services is subject to the availability of mobile connectivity and as such will only be available in geographical regions where selected mobile network operators provide mobile connectivity. Izwe will not be held responsible for non-delivery or delay in delivery or wrongful delivery of communication via the USSD Services as a result of the failure of mobile connectivity and shall not be held liable for the quality of services of mobile network operators.
  • You agree and undertake to be bound by and to comply with all processes and procedures as may be prescribed by Izwe in relation to the USSD Services from time to time. Izwe will not be bound by, or obliged to, take any action on any transactions which do not properly comply with the prescribed processes and procedures and Izwe reserves the right to reject such non-compliant transaction requests.
  • In the event that a User closes all his/her Accounts with Izwe the User’s access to the USSD Services will automatically terminate.
  • Izwe may suspend or terminate a User’s access to the USSD Services without prior notice in the event that a User breaches these Terms and Conditions, or Izwe notices errors, omissions or fraudulent transactions related to a User Profile, or is ordered to do so by a court of competent jurisdiction.
  • Izwe may also discontinue or suspend the USSD Services temporarily, without any notice, for upgrade, expansion, maintenance and repair activities, or for any reason it deems necessary.

4. REGISTRATION AND USE

  • In order to register to use USSD Services, Users are required to set up a User Profile by completing the registration process on their Mobile Device.
  • The User will be required to provide certain personal information during the registration process which information shall remain strictly confidential and be handled and protected in terms of Izwe’s Privacy Policy.
  • The User will be required to create a unique transaction mPIN during the registration process which will be used for purposes of USSD Services transactions. The mPIN must be kept confidential by the User at all times and is not to be disclosed to any third party.
  • Users may only transact on their Account(s) via the USSD Services using their unique mobile number and mPIN used to register their User Profile.
  • Izwe shall have absolute discretion to reject any User’s registration for the USSD Services without assigning any reason therefore.

5. USSD SERVICES TRANSACTING

  • Users can perform the following transactions on their Account(s) via the USSD Services:
    • apply for a new loan;
    • apply for a rollover;
    • make a loan repayment;
    • request a call back.
  • Izwe reserves the right to determine the type of services and functionalities which Users may be offered on each Account and to set monetary limits on transactions able to be processed via the USSD Services from time to time.
  • Users may access the USSD Services through their Mobile Device using their unique mobile number and mPIN. Any transaction which originates from such device and number will be deemed to have originated from the User and, unless the User notifies Izwe otherwise prior to the transaction being actioned by Izwe, Izwe shall be entitled to rely on such instructions received, whether initiated by the User or not. The User acknowledges that Izwe may not be able to reverse or annul any transaction executed based on instructions received via the USSD Services prior to such notice from the User to Izwe.
  • The User hereby grants unconditional and irrevocable standing authority to Izwe to carry out the transactions originating from the User’s unique mobile number via the USSD Services.
  • Izwe will have no obligation to verify the authenticity of any transaction/instruction received from Users through the USSD Services or purporting to have been sent by Users via the USSD Services.
  • The User acknowledges that Izwe is under no obligation to effect any payment transactions unless there are sufficient funds in the Account(s) to meet such transactions.
  • The User acknowledges that transactions that require authorization by an officer of Izwe may not be effected immediately or automatically and that Izwe reserves the right to allow or disallow such transactions at its sole discretion with or without notice to the User.

6. USERS’ RESPONSIBILITIES

  • Users must take all reasonable care to prevent unauthorised use of the USSD Services via their mobile number. Any unauthorized use of the User’s mobile number and/or mPIN shall be the sole responsibility of the User, and the User hereby absolves Izwe of all and any liability and responsibility in this regard. The User understands that in the event of loss or misplacement of his/her Mobile Device, it can be misused to carry out USSD Services transactions and the User hereby indemnifies Izwe for any such misuse and the User shall not hold Izwe responsible for any loss that he/she may suffer in these circumstances.
  • The User is solely responsible for any compromise of his/her mPIN and its consequences and Izwe will not be held responsible in any way whatsoever for loss that he/she may suffer because of the compromise of the User’s mPIN.
  • The User is advised to change his/her mPIN from time to time or if he/she suspects that the mPIN has been compromised.
  • The User must notify Izwe immediately by contacting the Izwe Customer Care Contact Centre on +254709530000 or by email to info@izwekenya.com in the event of:
    • the User suspecting that his/her mPIN has been compromised or accessed by another person;
    • theft or loss of his/her Mobile Device or SIM card;
    • any unauthorized access to the USSD Services via the User’s mobile number;
    • the User’s discontinuation of service with his/her mobile network operator; or
    • any change to his/her mobile number and other information relating to the USSD Services.
  • Izwe will not be held liable for the provision of any inaccurate information received from Users relating to the USSD Services. Users agree to bear all risks and consequences of the inability to effect any transaction via the USSD Services due to errors in transmission of User’s instructions.

7. INDEMNITY AND LIMITATION OF LIABILITY

  • Users’ access to the USSD Services may be affected by factors outside Izwe’s control such as system downtime or Whilst Izwe uses all reasonable efforts to ensure that transaction requests are processed accurately and in a timely manner it does not make any representations or warranties as to continuous, uninterrupted or secure access to the USSD Services.
  • Izwe shall, under no circumstances, be held liable by the User if access to the USSD Services is not available in the desired manner for any reason whatsoever. Izwe shall have no liability in the event that the USSD Services are not available due to any reason beyond the control of Izwe, including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, system downtime or failure, faults in the telecommunication network or network failure, software or hardware error.
  • Izwe will take reasonable and practically possible steps to ensure that its systems in connection with the USSD Services have adequate security designs and controls to manage the risks in operating the system taking into account any law, rules, regulations, guidelines and prevailing market practices that may be applicable to Izwe from time to time.
  • The User indemnifies and holds Izwe harmless against any and all liability suffered or incurred (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including attorney’s fees and expenses) by Izwe, its customers or a third party, directors, nominees or any claim or action brought by a third party which is in any way the result of the User’s breach of these Terms and Conditions or as a result of any reliance by Izwe on any instructions issued or transactions done or deemed to be done by the User and/or on his/her behalf via the USSD Services.

8. FEES AND CHARGES

  • Izwe reserves the right to charge Users a fee for the use of the USSD Users will be notified of these fees from time to time. By continuing the use of the USSD Services following such notice, the User agrees to the fees applicable for the services. Izwe reserves the right to revise the fees chargeable for the USSD Services from time to time.
  • The User authorizes Izwe to set-off any applicable fees from any of his/her Account(s) with Izwe.
  • The User acknowledges that his/her mobile network operator (cellphone service provider) or internet service provider may also charge him/her fees for accessing and using the USSD Services via a mobile network or Wi-Fi connection, and that he/she shall be solely responsible for such fees/charges.

9. GENERAL TERMS

  • Failure of Izwe to insist upon the performance of any term or condition herein, or to exercise any rights herein, will not be construed as a waiver or relinquishment of the future performance of any such term or condition, or the future exercise of any such right, and the obligations of the User with respect to such future performance will continue in full force and effect.
  • 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.
  • Izwe may give notices under these Terms and Conditions, in writing by email, hand-delivery or by post to the last address provided by a User. In addition, Izwe may publish notices of general nature, which are applicable to all Users of USSD Services on its website and such notices will have the same effect as a notice served individually to the User.
  • Users may not assign any right or obligation that may arise under these Terms and Conditions without Izwe’s prior written consent.

9. GOVERNING LAW AND DISPUTE RESOLUTION

  • The USSD Services and these Terms and Conditions shall be governed by and construed in accordance with the Laws of Kenya.
  • Users may contact Izwe through the Izwe Customer Care Contact Centre on +254709530000 or by email to info@izwekenya.com to report any dispute arising out of or in connection with the USSD Services including without limitation, any dispute as to the existence, scope, interpretation, validity, default or enforceability of these Terms and Conditions.
  • Any dispute which cannot be resolved by the Izwe Customer Care Contact Centre shall be submitted to a single arbitrator and decided by arbitration in terms of the Rules of Arbitration of the Chartered Institute of Arbitrators (Kenya Branch) and the provisions of the Arbitration Act 1995.
  • The above provisions shall not prohibit or restrict any party from applying for any urgent or mandatory relief from any court or competent jurisdiction.

10. USSD SERVICES DEACTIVATION AND CONTACT

  • If you wish to terminate your use of the USSD Services, please visit an Izwe branch or contact the Izwe Customer Care Contact Centre on +254709530000 to deactivate your User Profile. Any fees that may be outstanding at the time of such termination will remain payable.

If you have any questions or would like more information about the USSD Services and/or any Izwe products and services, please visit www.izwekenya.com or contact the Customer Care Contact Centre.