KCB Mobile Loan Terms and Conditions

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BANK

TERMS AND CONDITIONS FOR KCB Mobile Loan alia, collect and facilitate the sharing of
1. THE AGREEMENT customer credit information.

1.1. This Agreement sets out the complete Terms 2.5. “Customer” means the person in whose name
and Conditions (hereinafter called "these the KCB Mobile Loan Account with the Bank is
Terms and Conditions") which shall be existing.
applicable to the KCB Mobile Loan Services (as 2.6. “Contact Centre" means the Customer Care
hereinafter defined) initiated by you (as Centre or KCB Branch, or KCB Mtaani outlets
hereinafter defined) with the Bank (as as may be notified to the Customer by the Bank
hereinafter defined). from time to time.
1.2. The Customer accepts and acknowledges that 2.7. “E-Money” means the electronic monetary
this is a legal and binding agreement between value depicted in your KCB Mobile Loan
the Customer and the Bank once accepted by Account representing an equal amount of cash.
both parties. 2.8. “Equipment” includes your mobile phone
1.3. “We,” “our,” and “us,” means the Bank and handset, SIM Card and/or other equipment
includes its successors in title and assigns. which when used together enables you to
1.4. "You" or "your" means the Customer and access mobile Network.
includes your personal representatives and 2.9. “IPRS” means the Integrated Population
heirs. Registration System set up and maintained by
1.5. The word “Customer” shall include both the the Government of Kenya under the Ministry of
masculine and the feminine gender as well as State for Immigration and Registration of
juristic persons. Persons.

1.6. Words importing the singular meaning where 2.10. “Immediate payment” means voluntary instant
the context so admits include the plural repayment of loan advanced before the due
meaning and vice versa. date.

1.7. Headings in these Terms and Conditions are 2.11. “Late Repayment Penalty” means penalty of
for convenience purposes only and they do not 5% per annum charged on any outstanding
affect the interpretation of this Agreement. loan amount after the due date.

2. DEFINITIONS 2.12. “Loan Auto Recovery” means automated


recovery of the loan advanced from the
In these Terms and Conditions, the following words, and customer account on/ after the due date.
expressions (save where the context requires otherwise)
bear the following meanings: 2.13. “Network” means the mobile cellular network
operated by various mobile networks.
2.1. “Bank” means KCB Bank Kenya Limited
incorporated in Kenya as a limited liability 2.14. “Request” means a request or instruction
company under the Companies Act (Chapter received by the Bank from you or purportedly
486 of the Laws of Kenya) and duly licensed as from you through the Network and the System
a Bank under the Banking Act (Chapter 488 of and upon which the Bank is authorized to act.
the Laws of Kenya) and includes subsidiaries of 2.15. “Services” shall include any form of Banking
the Bank as may from time to time be specified services or products that the Bank may offer
by the Bank to you. you pursuant to this Agreement and as you may
2.2. “Bank Account” means the account held and from time to time subscribe to and “Service”
operated in the Bank by a KCB customer. shall be construed accordingly.

2.3. “Credit Limit” means the maximum pre- 2.16. “SIM Card” means the subscriber identity
approved amount that a customer can borrow module which when used with the appropriate
on this service. mobile phone handset enables you to access
the Network and to use the Vooma System.
2.4. “Credit Reference Bureau” means a credit
reference bureau duly licensed under the 2.17. “SMS” means a short, customized message
Banking Act pursuant to the Banking (Credit service consisting of a text message
Reference Bureau) Regulations, 2008 to inter transmitted from one mobile phone to another.

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2.18. “System” means the Bank’s electronic 3.3. You will be deemed to have read, understood,
Banking and communications software b and accepted these Terms and Conditions: -
Customer to communicate with the Bank for 3.3.1.Upon selecting “Yes” option on the KCB Mobile
purposes of the Services. The System and the Loan Menu requesting you to confirm that you
Services will for the purpose of this Agreement have read and accepted the Terms and
be accessed through the Vooma System. Conditions as stated on the website
2.19. “Transaction Fees” includes the interest fee, https://ke.kcbgroup.com ; and/or
the penalty fee and any other fees and charges 3.3.2. Upon registration of a KCB Mobile Loan
payable for the use of the Services as published account and/or by using or continuing to use
by the Bank on the Bank’s website and/or the and operate the KCB Mobile Loan account.
daily newspapers in Kenya or by such other 3.4. By applying to open the KCB Mobile Loan
means as the Bank shall in its sole discretion Account with the Bank, you agree to comply
determine. with and be bound by these Terms and
2.20. “Vooma” means the money transfer and Conditions for the time being and from time to
payments service provided by KCB through the time in force governing the operation of the
Vooma System. KCB Mobile Loan Account and you affirm that
these Terms and Conditions herein are without
2.21. “KCB Mobile Loan” means the loan facility
prejudice to any right that the Bank may have
advanced by the Bank. with respect to the KCB Mobile Loan Account in
2.22. “KCB Mobile Loan Account” means a loan law or otherwise.
account opened and operated in accordance 3.5. These Terms and Conditions may be amended
with the terms and conditions herein or varied by the Bank from time to time.
contained.
3.6. You acknowledge and accept that the Bank
2.23. “KCB Mobile Loan Menu” means the KCB offers the KCB Mobile Loan Account only
Mobile Loan Menu on the Vooma System. electronically and you agree to do business
2.24. “KCB Mobile Loan Service” means the service with the Bank and to operate the KCB Mobile
offered by the Bank to borrow and repay loans Loan Account only by electronic means via the
through mobile phone. KCB Mobile Loan menu on the Vooma System.
Any query and complaint you may have relating
2.25. "Vooma PIN" means your personal
to the Services shall be addressed to the Bank
identification number being the secret code
through the Contact Centre. For the avoidance
used to access and operate the VOOMA System of doubt, you acknowledge and accept that you
and your KCB Mobile Loan Account. will not be allowed or entitled to receive or
2.26. “Vooma Subscriber” means any person demand the Services pertaining to the KCB
registered to use the Vooma System to send or Mobile Loan Account at any branch or
receive money, borrow, save, or make branches of the Bank unless otherwise advised
payments. by the Bank in its sole discretion. You further
acknowledge and accept that the Contact
2.27. “Vooma System” means the system operated
Centre is not a branch of the Bank or the
by KCB for the provision of the Mobile Banking
Bank’s Agent for purposes of conducting
Service using the Mobile Networks.
Banking business or transactions and that it
3. ACCEPTANCE OF THE TERMS AND CONDITIONS will not act as such.
3.1. Before applying to open the KCB Mobile Loan 4. ACCOUNT OPENING
Account via the Vooma System you should 4.1. To open a KCB Mobile Loan Account with the
carefully read and understand these Terms Bank, you must be at least 18 years old, a
and Conditions which will govern the use and registered and active Mobile Subscriber with a
operation of the KCB Mobile Loan Account. mobile service provider with which the Bank
3.2. If you do not agree with these Terms and has an agreement with for the provision of this
Conditions, please select “No” on the KCB service. The Bank reserves the right to verify
Mobile Loan Menu. with the IPRS the authenticity of your details.

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4.2. You may open a KCB Mobile Loan Account to revoke the same at any stage at the Bank’s
solely by way of an electronic application made sole discretion and without assigning any
by you using your Equipment via the KCB reason or giving any notice thereto.
Mobile Loan Menu on the Vooma System. 5. TYPES OF ACCOUNT
4.3. You hereby agree and authorize the Bank to As a registered Bank account holder and a Vooma
request IPRS for your personal information Subscriber, you may, subject to these terms and
held by IPRS pursuant to the agreement conditions register for a KCB Mobile Loan Account using
between you and KCB for the provision of the KCB Mobile Loan menu on your equipment and/or to
Mobile Banking products and services and borrow money from the Bank as follows:
Banking Service including your phone number, 5.1. KCB Mobile Loan ACCOUNT
name, date of birth, ID or Passport Number
5.1.1. As a holder of a KCB Mobile Loan Account and
and such other information that will enable the
having received a confirmation message
Bank to identify you and comply with the
bearing your credit limit, you may, subject to
regulatory “Know Your Customer”
these terms and conditions apply for a loan
requirements (together the “Personal
using the request loan menu on your
Information”). You also hereby agree and
equipment. The transaction fees payable to
authorize the Bank to request IPRS for
Mobile Network for transactions effected in
information relating to your ID as the Bank
respect of your Account from time to time will
shall require for purposes of providing you the
apply to any transactions effected in respect of
Services. You hereby consent to the disclosure your KCB Mobile Loan Account using the
of the Personal Information by IPRS to the Vooma System.
Bank and to the aforesaid use of the Personal
5.1.2. Where you apply for a loan from the Bank, your
Information by the Bank.
application shall be appraised according to the
4.4. You hereby agree and authorize the Bank to applicable loan appraisal processes of the
obtain and procure your Personal Information Bank. The Bank reserves the right at its sole
contained in the IPRS from the Government of discretion and without assigning any reason to
Kenya and you further agree and consent to the approve or decline your application for a loan.
disclosure and provision of such Personal
5.1.3. Subject to approval of your application for a
Information by the Government of Kenya to the
loan the Bank shall disburse to you a loan of an
Bank.
amount to be determined by the Bank in its
4.5. You hereby further acknowledge and authorize sole discretion subject to a minimum amount
the Bank to verify your Personal Information of Kenya Shillings Fifty (Kshs.50/=) and a
received from Mobile Network pursuant to maximum amount of Kenya Shillings Three
Clause 4.3 against the information received Hundred Thousand (Kshs.300,000/=) or such
from the Government of Kenya in your respect other minimum or maximum amount as the
as contained in the IPRS. Bank may from time to time in its sole
4.6. The Bank reserves the right to request for discretion determine (the “Loan”).
further information from you pertaining to your 5.1.4. The proceeds of the Loan shall be credited
application for a KCB Mobile Loan Account at into your Bank Account subject to any
any time. Failure to provide such information deductions on account of applicable
within the time required by the Bank may Transaction Fees and Interest charge.
result in the Bank declining to accept your 5.1.5. You shall repay the Loan within the term
application for a KCB Mobile Loan Account. agreed upon at the time of loan request. The
4.7. Acceptance by the Bank of your application for loan term will be one month.
a KCB Mobile Loan shall be done via SMS sent 5.1.6. In consideration of the Bank granting you the
to the Mobile Phone Number associated with Loan, you shall pay the Bank an Interest charge
your Bank Account. being of not more than 4% above the prevailing
4.8. The Bank reserves the right to decline your CBR rate as per the Banking Act of the Loan
application for a KCB Mobile Loan Account or amount, a one-off facilitation fee of 5% and
excise duty, where applicable. The Interest

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charge and non-interest fees shall be paid by 5.1.12. The Bank shall have a right of lien and set off
you upon repayment of the Loan. Transaction over funds held by you in your KCB Mobile Loan
Fees are subject to change at any time at the Account, any other Bank related Account(s)
Bank’s sole discretion subject to thirty days’ held by you and/or any other account held by
notice to you. you in the Bank.
5.1.7. You shall make all payments due from you to 5.1.13. You hereby expressly consent and authorize
the Bank in respect of the Loan and the Bank to disclose, respond, advise,
Transaction Fees using the KCB Mobile Loan exchange, and communicate the details or
Service and the Mobile Banking System only information pertaining to your KCB Mobile
unless otherwise agreed by the Bank in its Loan Account to Credit Reference Bureau as
discretion. required under the Banking Act or any other
5.1.8. If you do not repay the Loan in full within the regulatory body.
loan term after the date of disbursement of the 6. FEES
Loan, the Bank will automatically start 6.1. You hereby agree to pay all Transaction Fees
charging a late repayment penalty fee which payable in connection with your use of the
shall be calculated on any outstanding loan Services.
amount in respect of the loan and shall
6.2. You shall pay to the Bank and the Bank is
continue to accrue till payment is received by
entitled deduct from your KCB Mobile Loan
the Bank in full.
Account and/or your Bank account (without
5.1.9. The Bank shall be entitled to terminate this further reference to you):
Agreement and close your KCB Mobile Loan
6.2.1. Any Transaction Fees payable in respect of the
Account in accordance with the provisions of
Services.
Clause 13 without prejudice to any of its rights
accruing hereunder if you fail to repay the Loan 6.2.2. Any legal charges including advocate and
and/or the Transaction Fees due thereon client costs incurred by the Bank in obtaining
within ninety (90) calendar days of the legal advice in connection with your KCB
disbursement of the Loan. Mobile Loan Account and your dealings with
the Bank or incurred by the Bank in any legal,
5.1.10. The Bank shall utilize funds in any of the arbitration or other proceedings arising out of
accounts opened and operated by you to offset any dealings in respect of your KCB Mobile
any amounts outstanding and due from you to Loan Account; and
the Bank in respect of your KCB Mobile Loan
6.2.3. All other fees, expenses and taxes, duties,
Account. You hereby agree and confirm that
impositions, and expenses incurred in
the Bank is entitled in its discretion to prevent
complying with your Requests.
or restrict you from withdrawing in whole or in
part the funds in your Bank Account for so long 6.3. You hereby agree to pay costs charges and
as and to the extent of the amount outstanding expenses incurred by the Bank in obtaining or
in respect of your KCB Mobile Loan without the attempting to obtain payment of any loan owed
Bank giving any notice to you and/or without under your KCB Mobile Loan Account.
incurring any liability to you whatsoever in that 7. STATEMENTS
connection. 7.1. You may request for a statement or activity
5.1.11. The Bank reserves the right to vary the terms report in respect of your KCB Mobile Loan
of the Loan including the fees payable thereon account from the Bank.
from time to time having regard to the 7.2. The Loan Account Statement shall provide
prevailing rules and regulations of the Central details of the last 5 (five) transactions or such
Bank of Kenya and the policies of the Bank. other number of transactions as determined by
Provided that such varied Loan terms shall the Bank.
take effect only upon the lapse of an advance 7.3. You may obtain printed KCB Mobile Loan
written notice, which we shall deliver to you at Account Mini Statements or a printed Bank
least of thirty (30) days in advance of the statement pertaining to your KCB Mobile Loan
effective date of variations. Account from the Bank’s branches. You shall

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BANK

be responsible for the payment of any charges 9. CUSTOMER’S EQUIPMENT AND CUSTOMER’S
levied by the Bank for such printed statements. RESPONSIBILITIES
7.4. Save for a manifest error, a KCB Mobile Loan 9.1. You shall at your own expense provide and
Account Mini Statement or Bank statement maintain in safe and efficient operating order
issued to you aforesaid in respect of your KCB your Equipment necessary for the purpose of
Mobile Loan Account shall be conclusive accessing the System and the Services.
evidence of the transactions carried out on 9.2. You shall be responsible for ensuring the
your KCB Mobile Loan Account for the period proper performance of your Equipment. The
covered in the KCB Mobile Loan Account Mini Bank shall neither be responsible for any
Statement and/or Bank statement. errors or failures caused by any malfunction of
8. IRREVOCABLE AUTHORITY OF THE BANK your Equipment, and nor shall the Bank be
8.1. It is your sole responsibility to familiarize responsible for any computer virus or related
yourself with the operating procedures for the problems that may be associated with the use
service that will be provided by the Bank upon of the System, the Services, and the
your registration to the Service. The Bank will Equipment. You shall be responsible for
not be liable for any losses incurred as a result charges due to any service provider providing
of your errors either of commission and/or you with connection to the Network and the
omission. Bank shall not be responsible for losses or
8.2. You hereby irrevocably authorize the Bank to delays caused by any such service provider.
act on all Requests received by the Bank from 9.3. You shall follow all instructions, procedures
you (or purportedly from you) through the and terms contained in these Terms and
System and to hold you liable in respect Conditions and any document provided by the
thereof, notwithstanding that any such Bank concerning the use of the System and
requests are not authorized by you or are not in Services.
accordance with any existing mandates given 9.4. You agree and acknowledge that you shall be
by you. solely responsible for the safekeeping and
8.3. If you request the Bank to cancel any proper use of your Equipment and for keeping
transaction or instruction after a Request has your Vooma PIN secret and secure. You shall
been received by the Bank from you, the Bank ensure that your Vooma PIN does not become
may at its absolute discretion cancel such known or come into possession of any
transaction or instruction but shall have no unauthorized person. The Bank shall not be
obligation to do so. liable for any disclosure of your Vooma PIN to
8.4. The Bank shall be entitled to accept and to act any third party and you hereby agree to
upon any Request, even if that Request is indemnify and hold the Bank harmless from
otherwise for any reason incomplete or any losses resulting from any Vooma PIN
ambiguous if, in its absolute discretion, the disclosure.
Bank believes that it can correct the 9.5. You shall take all reasonable precautions to
incomplete or ambiguous information in the detect any unauthorized use of the System and
Request without any reference to you being the Services. To that end, you shall ensure that
necessary. all communications from the Bank are
8.5. The Bank is authorized to effect such orders in examined and checked by you or on your behalf
respect of your KCB Mobile Loan Account as as soon as practicable after receipt by you in
may be required by any court order or such a way that any unauthorized use of and
competent authority or agency under the access to the System will be detected.
applicable laws. 9.6. You shall immediately inform the Bank through
8.6. In the event of any conflict between any terms the Contact Centre if:
of any Request received by the Bank from you 9.6.1. You have reason to believe that your Vooma
and these Terms and Conditions, these Terms PIN is or may be known to any person not
and Conditions shall prevail. authorized to know the same and/or has been
compromised; and/or

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9.6.2. You have reason to believe that unauthorized associated documentation that the Bank provides to you
use of the Services has or may have occurred through the System or otherwise are vested either in the
or could occur and a transaction may have Bank or in other persons from whom the Bank has a right
been fraudulently input or compromised. to use and to sub-license the System and/or the said
9.7. You shall always, follow the security documentation. You shall not infringe any such
procedures notified to you by the Bank from intellectual property rights. You shall not duplicate,
time to time or such other procedures as may reproduce or in any way tamper with the System and
be applicable to the Services from time to time. associated documentation without the prior written
You acknowledge that any failure on your part consent of the Bank.
to follow the recommended security 12. INDEMNITY
procedures may result in a breach of your KCB 12.1. In consideration of the Bank complying with
Mobile Loan Account’s confidentiality. You
your instructions or Requests in relation to the
shall ensure that the Services are not used, or
KCB Mobile Loan Account, you undertake to
Requests are not issued, or the relevant
indemnify the Bank and hold it harmless
functions are not performed by anyone other
against any loss, charge, damage, expense, fee
than a person authorized to do so.
or claim which the Bank suffers or incurs or
9.8. You shall not at any time operate or use the sustains thereby and you absolve the Bank
Services in any manner that may be prejudicial from all liability for loss or damage which you
to the Bank.
may sustain from the Bank acting on your
10. EXCLUSION OF LIABILITY instructions or requests or in accordance with
10.1. The Bank will not be liable for any losses or these Terms and Conditions.
damage suffered by you as a result of or in 12.2. The indemnity in clause 12.1 shall also cover
connection with: - the following:
10.1.1. Unavailability of sufficient funds in your Bank 12.2.1. All demands, claims, actions, losses and
Account. damages of whatever nature which may be
10.1.2. The money in your Bank Account being brought against the Bank or which it may suffer
subject to legal process or other encumbrance or incur arising from its acting or not acting on
restricting payments or transfers thereof. any Request or arising from the malfunction or
10.1.3. Your failure to give proper or complete failure or unavailability of any hardware,
instructions for payments or transfers relating software, or equipment, the loss or destruction
to your KCB Mobile Loan Account. of any data, power failures, corruption of
10.1.4. Any fraudulent or illegal use of the Services, storage media, natural phenomena, riots, acts
the System and/or your Equipment; or of vandalism, sabotage, terrorism, any other
10.1.5. Your failure to comply with these Terms and event beyond the Bank’s control, interruption
Conditions and any document or information or distortion of communication links or arising
provided by the Bank concerning the use of the from reliance on any person or any incorrect,
System and the Services. illegible, incomplete or inaccurate information
or data contained in any Request received by
10.2. Under no circumstances shall the Bank be
the Bank.
liable to you for any loss of profit or anticipated
savings or for any indirect or consequential 12.2.2. Any loss or damage that may arise from your
loss or damage of whatever kind, howsoever use, misuse, abuse, or possession of any 3rd
caused, arising out of or in connection with the party software, including without limitation,
Services even where the possibility of such loss any operating system, browser software or any
or damage is notified to the Bank. other software packages or programs.
11. INTELLECTUAL PROPERTY RIGHTS 12.2.3. Any unauthorized access to your KCB Mobile
You acknowledge that the intellectual property rights in Loan Account or any breach of security or any
the System (and any amendments, upgrades or destruction or accessing of your data or any
enhancements thereto from time to time) and all destruction or theft of or damage to any of your
Equipment.

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12.2.4. Any loss or damage occasioned by the failure 13.2.7. Where you remain inactive for any period
by you to adhere to these Terms and Conditions determined by the Bank in its reasonable
and/or by supplying of incorrect information or discretion; or
loss or damage occasioned by the failure or 13.2.8. If the Bank decides to suspend or cease the
unavailability of 3rd party facilities or systems provision of the Services for commercial
or the inability of a third party to process a reasons or for any other reason as it may
transaction or any loss which may be incurred determine in its absolute discretion.
by the Bank as a consequence of any breach by
13.3. You may close your KCB Mobile Loan Account
these Terms and Conditions.
at any time upon payments of all outstanding
12.2.5. Any damages and costs payable to the Bank amounts owed to the Bank.
in respect of any claims against the Bank for
13.4. If your KCB Mobile Loan Account has any credit
recompense for loss where the particular
balance at the time of its closure, we will
circumstance is within your control.
return any such balance to you, less any
13. TERMINATION applicable fees. If your KCB Mobile Loan is in
13.1. The Bank may at any time, after a thirty (30) arrears at the time of closure of your KCB
days’ notice to you, terminate its business Mobile Loan Account, you agree to pay to us
relationship with you and close your KCB immediately all amounts you owe us.
Mobile Loan Account and in particular but 13.5. Termination shall however not affect any
without prejudice to the generality of the accrued rights and liabilities of either party.
foregoing the Bank may cancel credit limit
13.6. If the Bank receives notice of your demise, the
which it has granted and require the
Bank will not be obliged to allow any operation
repayment of outstanding debts resulting
or withdrawal from your KCB Mobile Loan
therefrom within such time as the Bank may
Account by any person except upon production
determine.
of Grants of Letters of Administration or
13.2. Without prejudice to the Bank rights under Probate by your legal representatives duly
clause 13.1, the Bank may at its sole discretion appointed by the Court.
suspend, decline a loan application, or close
14. DISCLOSURE OF INFORMATION
your KCB Mobile Loan Account:
You hereby expressly consent and authorize the Bank to
13.2.1. If you use the KCB Mobile Loan Account for
disclose receive record or utilize your personal
unauthorized purposes or where the Bank
information or information or data relating to your KCB
detects any abuse/misuse, breach of content,
Mobile Loan Account and any details of your use of the
fraud or attempted fraud relating to your use of
Services:
the Services.
14.1. To and from any local or international law
13.2.2. If your Bank Account or agreement with the
enforcement or competent regulatory or
bank is terminated for whatever reason.
governmental agencies to assist in the
13.2.3. If the Bank is required or requested to prevention, detection, investigation or
comply with an order or instruction of or a prosecution of criminal activities or fraud.
recommendation from the government, court,
14.2. To and from the Bank’s service providers,
regulator, or other competent authority.
dealers, agents, or any other company that
13.2.4. If the Bank reasonably suspects or believes maybe or become the Bank’s subsidiary or
that you are in breach of these Terms and holding company for reasonable commercial
Conditions (including non-payment of any Loan purposes relating to the Services.
amount due from you where applicable).
14.3. To a Credit Reference Bureau.
13.2.5. Where such a suspension or variation is
14.4. To the Bank’s lawyers, auditors, or other
necessary as a consequence of technical
professional advisors or to any court or
problems or for reasons of safety.
arbitration tribunal in connection with any legal
13.2.6. To facilitate update or upgrade the contents or audit proceedings.
or functionality of the Services from time to
14.5. To Mobile Network in connection with the
time.
Mobile Money Service and the Services.

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14.6. For reasonable commercial purposes 16. NOTICES


connected to your use of the Services, such as 16.1. The Bank may send information concerning the
marketing and research related activities; and KCB Mobile Loan Account via SMS to the
14.7. In business practices including but not limited Mobile Phone number associated with your
to quality control, training and ensuring Bank Account.
effective systems operation. 16.2. You acknowledge that you have no claim
15. MISCELLANEOUS against the Bank for damages resulting from
15.1. These Terms and Conditions (as may be losses, delays, misunderstandings,
amended from time to time) form a legally mutilations, duplications, or any other
binding agreement binding on you and your irregularities due to transmission of any
personal successors. communication pertaining to the KCB Mobile
Loan Account.
15.2. This Agreement and any rights or liabilities
accruing thereunder may not be assigned by 17. DISPUTE RESOLUTION, JURISDICTION AND
you to any other person. ARBITRATION
15.3. The Bank may vary or amend at any time these 17.1. Complaints may be made in person, in writing,
Terms and Conditions and the Transaction by post, fax, email on
Fees. Any such variations or amendments may contactcentre@kcbgroup.com or by telephone
be published in posters or pamphlets available on 0711 087000 or 0732 187000. For purposes
at bank’s branch outlets, in the daily of reporting a complaint, the following may
newspapers, on the Bank website and/or by also be used: SMS number 5222 and WhatsApp
any other means as determined by the Bank number 0711 087087.
and any such variations and amendments shall 17.2. You may contact the Contact Centre to report
take effect immediately upon the lapse of thirty any disputes, claims or KCB Mobile Loan
(30) days written notice issued by the Bank Account discrepancies.
informing you about the variations or 17.3. Any dispute arising out of or in connection with
amendments. this Agreement that is not resolved by
15.4. No failure or delay by either yourself or the Customer Care Centre representatives shall
Bank in exercising any right or remedy be referred to arbitration by a single arbitrator
hereunder shall operate as a waiver thereof, to be appointed by agreement between the
nor shall any single or partial exercise of any parties or in default of such agreement within
right or remedy prevent any further or other 60 days of the notification of a dispute, upon the
exercise thereof or the exercise of any other application of either party, by the Chairman for
right or remedy. the time being of the Chartered Institute of
15.5. The rights and remedies herein provided are Arbitrators (Kenya Branch). Such arbitration
cumulative and not exclusive of any rights or shall be conducted in the English language in
remedies provided by law. Nairobi in accordance with the Rules of
Arbitration of the said Institute and subject to
15.6. If any provision of these Terms and Conditions
and in accordance with the provisions of the
shall be found by any duly appointed arbitrator,
Arbitration Act 1995.
court, or administrative body of competent
jurisdiction to be invalid or unenforceable the 17.4. To the extent permissible by Law, the
invalidity or unenforceability of such provision determination of the Arbitrator shall be final,
shall not affect the other provisions herein. conclusive, and binding upon the parties
hereto.
15.7. Any addition or alteration to these Terms and
Conditions may be made from time to time by 17.5. This Agreement shall be governed by and
the Bank and of which notice has been given to construed in accordance with the laws of the
you by way of publication as provided in Republic of Kenya.
subparagraph 15.3 shall be binding upon you
as fully as if the same were contained in these
Terms and Conditions.

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