Branch International Terms of Use and Loan Account Agreement – Kenya
Terms and Conditions for the Opening and Use of a Loan Account with Branch International
WHEREAS
This Agreement is a financial services and an end-user licence agreement between you (“End-user” or “you”) and Branch International Limited of a company duly incorporated under the laws of the Republic of Kenya with a company registration number CPR/2015/183658 (“BIL”, “us” or “we”) for the mobile application software, the data supplied with the software and the associated Services (defined below) (“App”)
This Agreement (together with our Privacy Policy) sets out the complete terms and conditions (the “Terms and Conditions”) which shall be applicable to the Account (as hereinafter defined) opened by you with BIL.
These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
For the purposes of this Agreement and the preamble above, unless the context requires otherwise:
Acceptable Use Restrictions has the meaning given to it in clause 5;
Agreement means this Agreement;
Account means your loan account with BIL;
Business Day means a day other than a Saturday, Sunday or national or public holiday in the Republic of Kenya;
Credentials means your personal credentials used to access the App and operate your Account;
Credit Reference Bureau means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information;
E-Money means the electronic monetary value depicted in your Mobile Money Account representing an equal amount of cash;
Equipment includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network;
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Event of Default has the meaning given to it in clause 11.1;
Force Majeure means events, circumstances or causes beyond its reasonable control of BIL making BIL’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labour disputes, embargoes or government orders;
Encumbrance includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person;
Licence Restrictions has the meaning given to it in clause 4;
Loan means the principal amount of the loan made or to be made by BIL to you under this Agreement from time to time through the App or (as the context requires) the principal amount outstanding for the time being of that loan;
Mobile Money Account means your mobile money store of value, being the record maintained by Mobile Money Providers in Kenya of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System;
Mobile Money means the money transfer and payments service operated by the Mobile Money Providers in Kenya;
Mobile Network Operator means a mobile network operator in Kenya registered with the Communications Authority of Kenya;
Mobile Money Provider means a Mobile Network Operator that has been duly authorized by the Central Bank of Kenya under applicable law to offer Mobile Money Services in Kenya;
Mobile Money Service means the money transfer and payments service provided by the Mobile Money Providers through the Mobile Money System;
Mobile Money System means the system operated by the Mobile Money Providers in Kenya for the provision of the Mobile Money Service;
Network means a mobile cellular network operated by a Mobile Network Operator;
Privacy Policy means the BIL privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us;
Request means a request or instruction received by BIL from you or purportedly from you through the Network and the System and upon which BIL is authorised to act;
Services shall include any form of financial services or products that BIL may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;
SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the Mobile Money Account;
SMS means a short message service consisting of a text message transmitted from your mobile phone to another;
System means BIL’s electronic communications software enabling you to communicate with BIL for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through a Mobile Network Operator’s System;
Technology has the meaning given to it in clause 3.1.4; and
Transaction Fees includes any fees and charges payable for the use of the Services as published by BIL on BILs website or by such other means as BIL shall in its sole discretion determine. Transaction Fees are subject to change at any time at BIL’s sole discretion.
1.2 Interpretation
1.2.1 In addition to the definitions in clause 1.1, unless the context requires otherwise: the singular shall include the plural and vice versa;
1.2.2 a reference to any one gender, whether masculine, feminine or neuter, includes the other two.
1.2.3 All the headings and sub-headings in this Agreement are for convenience only and are not to be taken into account for the purposes of interpretation of this Agreement.
1.2.4 The recitals and schedules shall be deemed to form part of this Agreement.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by BIL (the Terms and Conditions) before downloading or streaming the App or opening an account with BIL which will govern the use and operation of the App and the Account.
2.2 After downloading the App, you will be deemed to accept the Terms and Conditions upon clicking the “Accept” option on BILs System asking you to confirm that you have read, understood and agreed to abide by the Terms and Conditions. If you do not agree with the Terms and Conditions please click the “Decline” option in BIL’s System. Please note that you will not be able to access the Services if you decline the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not license the App to you.
2.3 By downloading the App and opening an Account with BIL, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account and you affirm that the Terms and Conditions herein are without prejudice to any other right that BIL may have with respect to the Account in law or otherwise.
2.4 These Terms and Conditions may be amended or varied by BIL from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. BIL will take all reasonable measures to notify you of any changes.
2.5 From time to time updates to the App may be issued through the website. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.
2.6 By using the App or 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. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the App.
3. GRANT AND SCOPE OF LICENCE
3.1 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your Equipment, subject to these Terms and Conditions. We reserve all other rights. Except as expressly set out in this Agreement or as permitted by any local law, you agree:
3.1.1 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3.1.2 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.3 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App 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 App with another software program, and provided that:
3.1.3.1 the information obtained by you during such activities is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App;
3.1.3.2 you include our copyright notice on all entire and partial copies you make of the App on any medium; not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.4 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (the Technology).