Last Updated: 17th January 2017
Please read these Terms and Conditions carefully before using the …………………………………. and the Mobile Application operated by Kenya Bankers Sacco Society Limited (hereafter referred to as KBSACCO).
The following terms and conditions govern your access and use of this website (s) (hereafter referred to collectively as the “Sites” or individually, a “Site”), internet banking and mobile platform, which belong to KBSACCO. These terms and conditions also govern the content and services offered to you through the Site(s). By accessing, using, printing, installing, or downloading any material from any of the Sites, you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms you may not access the website.
These Terms and Conditions of use become binding when the user accesses this site for the first time. They also constitute a binding agreement between KBSACCO and/ or its subsidiaries or affiliates, as well as the user.
LINKS TO THIRD PARTY SITES
USER’S LIABILITY TO KBSACCO
The user shall be liable to KBSACCO for any liabilities, losses or expenses incurred by KBSACCO as a result of any breach by the user of these terms and conditions.
The users’ access to the KBSACCO website (s) will also be terminated in case of unauthorized access and abuse of the website. The User will be liable for prosecution for any unauthorized access and use of the website.
USE OF MATERIALS AND INFORMATION
The information and materials contained in these pages, the Terms and Conditions, and descriptions that appear, are subject to change. The information provided on the website may not be up to date must be verified by customers from the office, as information may change before necessary updates have been made. KBSACCO does not accept liability for any outdated information on its websites.
Unauthorized use of KBSACCO websites and systems, including but not limited to unauthorized entry into KBSACCO systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Your eligibility for particular services is subject to final determination by KBSACCO.
INTELLECTUAL PROPERTY RIGHTS
This web site contains copyright and other intellectual property including logos, visuals, and other graphics and multimedia works (registered and unregistered) belonging to KBSACCO and protected by Intellectual Properties law constituted under the Copyright law, trade mark law, industrial property law and anti-counterfeiting law. Nothing in these Terms grants you the right or license to use any trademark, design right, or copyright owned or controlled by KBSACCO except as expressly provided for in the Terms. The user is authorized to view and download, copy to a local hard drive or disk, print and make copies of such printouts, provided that:
- The material is used for considering use of the online services and for no other commercial purposes.
- Any reproduction of our proprietary material from this site or portion of it, must include KBSACCO’s copyright notice in its entirety.
The logos and trademarks shown on this site are KBSACCO’s registered and unregistered trademarks, or that of third parties.
All content contained in the Sites, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software is the property of the KBSACCO or its content suppliers and is protected by applicable copyright and trademark laws.
Nothing on this site should be construed as granting any license or right to use any trademark without KBSACCO ’s prior written permission and/or that of third parties, as the case may be. The user may not, without KBSACCO’s prior written consent, use KBSACCO’s intellectual property or that of third parties for any purposes whatsoever.
The information and materials contained in this site, including text, graphics, links or other items are provided ‘as is’ and ‘as available’. KBSACCO does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
We do not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Sites or any of the materials contained therein is done at the User’s own discretion and risk. If the use of the Sites results in the damage and need for servicing or replacing equipment or data, we shall not be responsible for those costs and the user will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third party material.
The materials, information and functions provided in the Sites shall not under any circumstances be considered or construed as an offer or solicitation to sell, give, issue or as the giving of any advice in respect of any form of investment or other securities, loans, or deposits in any jurisdiction. The User shall be responsible for evaluating the quality, adequacy, timeliness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Sites. Further the User should seek professional and/or legal advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information.
AMENDMENTS TO THESE CONDITIONS
KBSACCO reserves the rights, at its sole discretion modify, amend these Terms and Conditions from time to time without notification to the user. By accessing this site the Users are bound to the version of the terms and conditions published at the time of any visit to this site. The User agrees to view the current version each time that this site is visited.
The current version of these conditions will govern the respective rights and obligations of KBSACCO and the User each time the User access this site.
CAPACITY TO ENTER INTO AGREEMENTS
The User hereby warrants to KBSACCO that the User has the required legal capacity to enter into and be bound by these terms and conditions. Minors must be assisted by their legal guardians when reading these terms and conditions.
SENDING OF INFORMATION
Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.
The User accepts that KBSACCO cannot be held liable for any loss, or damage suffered by the User as a result of unlawful activities by unscrupulous persons. KBSACCO will not be liable for any unauthorized access and use of the website
DISCLAIMER AND LIMITATION OF LIABILITY
The User assumes responsibility for all the risk or loss resulting from the use of this site, and any online services offered. As well as the User’s reliance on information contained on it.
In no event will KBSACCO be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the User’s use of this site or the online services or the information contained on this site. Neither will it be liable for the User’s inability to use this site or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether KBSACCO was expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, and to the extent legally permitted, KBSACCO will not be liable for:
- Any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, KBSACCO ’s system, databases or any of its components, beyond KBSACCO ’s reasonable control;
- Any loss or damage with regard to the user’s data or other data directly or indirectly caused by malfunction of KBSACCO ’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on KBSACCO ’s system or third party systems;
- Any programming defects;
- Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public- switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any event over which KBSACCO has no direct control.
Access to this Web Site is at the User’s own risk. If a User is dissatisfied with any of the contents of the Sites or these Terms and Conditions, a User’s sole remedy is to discontinue use of this site.
THIRD PARTY INFORMATION
KBSACCO may use the services of other third party organizations to provide information on this site. KBSACCO has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. KBSACCO will not be directly or indirectly liable for any damages that may arise from the User’s reliance on it.
The User undertakes to defend, indemnify and hold harmless the KBSACCO, its independent contractors and agents, against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from the users authority. This includes without limitation to governmental agencies… and……. Any use, misuse, or inability to use the Sites or any of the Materials/Contents contained therein, or the Users breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third party against the KBSACCO in connection with the User’s use of this website. KBSACCO shall notify the User of any such claim or suit, and the User shall be responsible for its defence. The KBSACCO’s participation in a suit resulting from the User’s negligent use of the website is determined on a case by case basis with the decision to participate at the sole discretion of the management of the KBSACCO.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and all matters arising out of or relating to them shall be governed by the Laws of Kenya, excluding any conflict of law provisions. By accessing this website and/or applying for the products or services provided herein by the KBSACCO Group, you hereby consent to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of or relating to the use of this website.
The headings of the clauses in the Terms and Conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the meaning of the Terms Conditions.
No failure or delay by KBSACCO Group to exercise any of KBSACCO Group’s rights will be construed as a waiver of any such right, whether this is done expressly or impliedly. Nor will it affect the validity of any part these Terms and Conditions or prejudice our right to take subsequent action against the user.
If any provision of these Terms and Conditions is found to be invalid by the Kenyan court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Copyright in the pages, screens displaying the pages, information and material therein, as well as this and any other arrangements is owned by KBSACCO unless otherwise indicated.
It’s important to provide Contact details to inform users how they contact you with questions regarding your legal agreements and its provisions