Terms of Services

This Agreement sets out the complete Terms and Conditions which shall be applicable to the Mombo App opened by you with the Company.

These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

"Customer" includes both masculine and feminine gender as well as juristic persons. Words importing the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.

Before applying to open the Mombo App Account you should carefully read and understand these Terms and Conditions which will govern the use and operation of the Account.

You will be deemed to have accepted these Terms and Conditions upon clicking "Accept" on the Mombo App Menu, or by using or continuing to use the Mombo App Account.

By applying to open the Account, you agree to comply with and be bound by these Terms and Conditions. They may be amended from time to time and continued use constitutes agreement to any such amendment.

By using the Mombo App, all signatures will be electronic and captured using a QR Code, recording the machine accessed, the person who signed, and the time and date.

You may open a Mombo App Account solely by way of an electronic application made using your Equipment via the Mombo App Menu on the System.

• You authorize the Company to request personal information including your phone number, name, date of birth, and ID or Passport Number.
• You authorize the Company to obtain your Personal Information from the IPRS maintained by the Government of Kenya.
• You authorize the system to verify your Personal Information against information received from the Government of Kenya.
• Failure to provide requested information within the required time may result in the Company declining your application.
• Acceptance of your application shall be communicated via a text message to the number used during account opening.

You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for accessing the System and Services.

• You are responsible for ensuring the proper performance of your Equipment. The Company is not responsible for errors caused by Equipment malfunction or computer viruses.
• You are solely responsible for the safekeeping of your Equipment and keeping your Mombo App PIN secret and secure.
• You shall ensure your PIN does not become known to any unauthorized person. The Company shall not be liable for any disclosure of your PIN to a third party.
• You shall take all reasonable precautions to detect any unauthorized use of the System and Services.
• You shall immediately inform the Company if your PIN is or may be known to any unauthorized person, or if unauthorized use of the Services has or may have occurred.
• You shall at all times follow the security procedures notified by the Company from time to time.
• You shall not operate or use the Services in any manner that may be prejudicial to the Company.

The Company shall not be responsible for any loss suffered by you should the Services be interfered with or unavailable by reason of:

• Failure of any of your Equipment
• Force majeure, error, interruption, delay or non-availability of the System
• Terrorist or enemy action, equipment failure, loss of power, adverse weather, or failure of any public or private telecommunications system

The Company will not be liable for losses or damage suffered as a result of:

• Unavailability of sufficient funds in your Mombo App Account
• Failure, malfunction, interruption or unavailability of the System, your Equipment, or the Network
• Money in your Account being subject to legal process or other encumbrance
• Your failure to give proper or complete instructions for payments or transfers
• Any fraudulent or illegal use of the Services, System and/or your Equipment
• Your failure to comply with these Terms and Conditions

You acknowledge that the intellectual property rights in the System and all associated documentation are vested either in the Company or in other persons from whom the Company has a right to use and sub-license the System.

You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Company.

In consideration of the Company complying with your instructions or Requests, you undertake to indemnify the Company and hold it harmless against any loss, charge, damage, expense, fee or claim which the Company suffers or incurs thereby.

The indemnity shall also cover:

• All demands, claims, actions, losses and damages arising from acting or not acting on any Request, or from malfunction or failure of any hardware, software, or equipment, natural phenomena, riots, sabotage, terrorism, or any other event beyond the Company's control.
• Any loss or damage arising from your use, misuse, abuse or possession of any third-party software including operating systems, browser software, or other software packages.
• Any unauthorized access to your Mombo App Account or any breach of security, destruction or accessing of your data, or theft or damage to your Equipment.
• Any loss or damage occasioned by your failure to adhere to these Terms and Conditions or by supplying incorrect information.
• Any damages and costs payable to the Company in respect of any claims for recompense for loss where the particular circumstance is within your control.

The Company may at any time, upon notice to you, terminate or vary its business relationship with you and close your Mombo App Account.

The Company may at its sole discretion suspend or close your Account if:

• You use the Account for unauthorized purposes or where abuse, misuse, breach, fraud or attempted fraud is detected
• The Company reasonably suspects you are in breach of these Terms and Conditions, including non-payment of any loan amount due
• Suspension is necessary as a consequence of technical problems or for reasons of safety
• To facilitate update or upgrade of the contents or functionality of the Services
• You remain inactive for any period of time determined by the Company
• The Company decides to suspend or cease the provision of Services for commercial or any other reasons

You may close your Mombo App Account at any time. Any credit balance at closure will be returned to you less any applicable fees. Any loan arrears at closure are immediately due and payable.

You expressly consent and authorize the Company to disclose, receive, record or utilize your personal information or data relating to your Mombo App Account and your use of the Services:

• To and from any local or international law enforcement or competent regulatory or governmental agencies to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud.
• To the Company's lawyers, auditors or other professional advisors, or to any court or arbitration tribunal in connection with any legal or audit proceedings.

• These Terms and Conditions form a legally binding agreement on you and your personal successors.
• This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
• The Company may vary or amend these Terms and Conditions and Transaction Fees at any time without notice. Variations shall take effect immediately upon publication on the Company's website.
• No failure or delay by either party in exercising any right or remedy shall operate as a waiver thereof.
• The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
• If any provision is found invalid or unenforceable, the invalidity shall not affect the other provisions herein.
• Any addition or alteration to these Terms and Conditions of which notice has been given by publication shall be binding upon you as fully as if contained herein.

The Company may send information concerning the Mombo App Account via text message and email used in account opening by a member.

You acknowledge that you have no claim against the Company for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the Mombo App Account.

You may contact the Company to report any disputes, claims or Mombo App Account discrepancies.

Any dispute arising out of or in connection with this Agreement that is not resolved by Company representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or, in default of such agreement within 60 days of notification of a dispute, by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch).