TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE UKONGA ACCOUNT

1.      THE AGREEMENT

  • This Agreement sets out the complete Terms and Conditions (hereinafter called “these Terms and Conditions”), which shall apply to the UKONGA Account (as hereinafter defined) opened by you (as hereinafter described) with your Phone Number.
  • These Terms and Conditions and any amendments or variations to take effect on their date of publication.

2.      DEFINITIONS

In these terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:

  • Agreement: These terms and conditions and any amendments that will be made from time to time.
  • Applicant: Any person who would have registered for the Ukonga account
  • Customer: The person in whose name is registered on the Ukonga Account using his/her phone number and other KYC details
  • Equipment: Includes your phone handset, SIM Card and/or other equipment which when used together enables you to access the Network
  • Ukonga Menu: The Ukonga Menu on either USSD or Online Platform
  • Ukonga Account:Your account being the record maintained by Save App Ltd will include a phone number held as an identifier which is opened and operated per the terms and conditions herein contained.
  • Ukonga Service:A service provided by Save App Ltd and its strategic partners.
  • Fees: There is no fee in downloading the Ukonga App. The only fees applicable will be; transactional fees and commission fees and other network fees associated with Mobile Network Operators. The fees are as follows; Transactional fee of One Percent (1%) of any deposit value into Ukonga Account per transaction, and Two Percent (2%) commission for every withdrawal from the Ukonga account.Any changes to fees will be updated on the company’s medium of communication including but not limited to the website
  • Save App Ltd.: the company behind the innovation of Ukonga Innovation.

3.      ACCEPTANCE OF TERMS AND CONDITIONS

  • Before opting-in or registering for the Service, you should carefully read and understand these terms and conditions as they govern the access, use, and operation of the Ukonga Service. These Terms and Conditions are also available on http://www.info@saveapp.com/. 
  • If you do not agree with these terms and conditions, please click “Decline” on the Opt-in Function.
  • You will be deemed to have read, understood and accepted these terms and conditions: upon clicking on the “Accept” option on the Opt-in Function requesting you to confirm that you have read, understood and agreed to abide by these terms and conditions; and or by using or continuing to use the Ukonga Service.
  • By registering for the Service, you agree to comply with and be bound by these terms and conditions as amended and revised from time to time, and you affirm that these terms and conditions are without prejudice to any other rights that we may have in law or otherwise regarding your registration, access and use of the Service.
  • We may, from time to time, vary or amend these terms and conditions and your continued access and use of the Service constitutes your acceptance to be bound by the terms of any such amendment or variation.

4.      COMMENCEMENT AND TERM

These terms and conditions shall apply to the Customer immediately upon subscription of the Ukonga Services and shall continue in force at all times the Customer shall be using the Ukonga Services until the Ukonga account expires.  

5.      SUBSCRIPTION TO UKONGA SERVICES 

  • The Customer shall subscribe to the Ukonga Services by either using USSD or Online platform. The Customer onboarding document will differ depending on the legal form of the Customer (either individual Customer or a company) and the type of service that the Customer will use. The regulator and only acceptable IDs define the overall process, and the minimum required documentation by the regulator will be accepted.
  • Everyone may subscribe to and use the Ukonga Service. 
  • For purposes of registration, a valid, acceptable identification by the law and regulators such as (passport, driving license, national ID, voter’s ID etc., and will be required.
  • Registration can take place through USSD and Online Platforms

  Transacting

  • The Subscriber will not be able to effect any transactions in the event that the Subscriber does not have sufficient transaction plus fees applicable
  • It is the Subscriber’s responsibility to ensure the correctness of the transaction details
  • The Subscriber may obtain a statement of Account using the Ukonga USSD/App Menu.
  • Ukonga service cannot be used for any fraudulent, negligent or for illegal activities.

6.      YOUR ACCOUNT

  • Your Account must be registered under your current full legal name, your email address, and your current phone number.
  • To access the full functions of Ukonga services, you must have a valid Account established. Further, you must meet all the conditions described throughout these Terms.

7.      VERIFICATION OF ACCOUNT INFORMATION

  • We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your information and use of the Services does not breach these Terms and/or any applicable law.
  • You authorize us and our agents to make any inquiries about you and for us to use and disclose this information to any third party we consider necessary for validation.
  • To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request.

8.      PAYMENTS

  • You agree that we will not be liable for any loss caused by any unauthorized use of your method of payment by a third party in connection with the Ukonga Services.
  • Any attempt to defraud, through the use of reversal or other methods of payment in connection with the Site or the Services, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.
  • In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.

9.      PROCESSING OF ACCOUNT PAYMENTS

  • We may use third-party electronic payment processors and/or financial institutions (“ESPs”) to process financial transactions. When initially setting up your Account, you will have the ability to decide which ESP you want to process your payments.
  • By selecting the ESP, you authorize us, as necessary, to instruct such ESPs to handle such transactions. You authorize us to give such instructions on your behalf in accordance with your requests as submitted on the Site for the use of Services.
  • You acknowledge that each ESP has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between these Terms and the ESP’s terms and conditions regarding the Site or the Services, these Terms shall prevail.

10.  TERMINATION OR CANCELLATIONS OF ACCOUNTS & REFUNDS

  • We may terminate these Terms, terminate your access to all or part of the Site and/or Services, or suspend any user’s access to all or part of the Site and/or Services, at any time, without notice to you, if we believe, in our sole judgment, that you or any user connected to you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise.
  • We may delete any Account Data or other materials relating to your use of the Site and/or our Services on our servers or otherwise in our possession.
  • You acknowledge that we shall not be liable to you or to any third party for any termination of your access to the Site and/or our Services.
  • You may Opt-Out or cancel at any time, and you will not be charged for use of the Services. But you will be charged for the use of Services up to the date you cancel your Account.

11.  CUSTOMER REQUESTS

  • You hereby irrevocably authorize us to act on all Requests received by us using your account and to hold you liable in respect thereof. We may nevertheless refuse to carry out any requests beyond the scope of the Service as offered from time to time.
  • We shall be deemed to have acted properly and to have fully performed all our obligations upon our compliance with the Request. We may ask for further information or confirmation (whether written or otherwise) from you before complying with a Request but shall not be obliged to comply with a Request in the absence of such further information or confirmation.
  • We shall decline any Request for a Facility under the Service if expired
  • You can only cancel a Request through the platforms provided. Cancellation will however only be allowed where your Request has not yet been acted on by us.
  • You hereby authorize us to effect such orders and act on such instructions in respect of yourAccount as may be required by the Government or any court order or by a competent authority or agency under the applicable laws

12.  CUSTOMER COMPLAINTS

  • Complaints shall be made by emailing us on (info@saveapp.co.ke) or calling us on 0777111157
  • We will take all reasonable measures within our means to resolve your complaints per the Ukonga Service User Terms and Conditions.
  • We will handle all complaints following our complaints handling procedures. Where a notification regarding your claim or any other matter is expected from us but not received, you are entitled to follow up on the claim within a reasonable time after non-receipt of such notification.

13.  PRIVACY AND PERSONAL DATA   

We recognize the importance of protecting the privacy of all information provided by of the Ukonga Service. This statement is meant to affirm our utmost respect for your rights to privacy.  

(a)  The Use of personal Data:

  • Obtaining ancillary services
  • Developing and providing services
  • Accounting and billing purposes
  • Safety, security, health and legal purposes
  • Administering individual accounts
  • Marketing analysis
  • Systems testing, maintenance and development
  • Customer relations and user support
  • Updating client databases

14.  DISCLOSURE OF PERSONAL INFORMATION

Save App Ltd. may disclose your personal information to: 

  • Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
  • Our business partners, third party service providers, suppliers and sub-contractors for the performance of any contract we enter into with you including without limitation.
  • Analytics and search engine providers that assist us in the improvement and optimization of our site.
  • Government and enforcement agencies and credit and other payment card companies and screening companies.
  • Save as provided herein, we do not share your personal information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.
  • You hereby authorize us to share with, provide or disclose to third parties with which you have separately contracted or with which you intend to contract your personal information including any Transaction data

15.  DATA STORAGE AND RETENTION

  • All information you provide to us is stored on our secure servers. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
  • Save App Ltd. shall retain your Personal data for the length of time required under Applicable law and legislation.

16.  HANDLING OF DATA 

  • SAVE APP employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties.
  • SAVE APP employees are also responsible for the internal security of the information. Employees who violate the privacy policies are subject to a range of disciplinary actions.

17.  CUSTOMER RIGHTS

  • (a) You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you. If we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
  • (b) You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.
  • (c) Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
  • (d) You accept that SAVE APP shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.
  • (e) You acknowledge that we may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.
  • (f) Any person submitting any information to us through the Ukonga System may be granted access rights to that information.

18.  ACCOUNT USAGE 

  • We do not warrant that all functionalities shall be available at all times and may withdraw any functionality in general as a direct result of new or amended legislation, statutory instrument, Government regulations or policy or any other compelling reason.
  • We may provide additional functionality on the Ukonga Services menu following integration with platforms of financial institutions and other entities providing you with specified services. Such functionality may give you limited access to platforms of the financial institutions or other entities.
  • By using such functionality to gain access to other platforms, you hereby agree to indemnify us against, and hold us harmless from any losses arising from your access to such external platforms
  • In the event of any review of our business planning, technical, public interest or operational reasons, changes within the industry, recommendations from regulatory bodies or similar events, we may vary these Terms and Conditions or policies affecting usage and shall notify you of such changes through appropriate mean