TERMS AND CONDITIONS FOR THE FARAJA SERVICE

 

1.    THE AGREEMENT  

1.1 This Agreement sets out the complete terms and conditions which shall be applicable to your use of FARAJA

(as hereinafter defined) and shall be binding on your personal representatives and assigns.

 

 

2.    DEFINITIONS

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

2.1 “Agreement” means these terms and conditions and any amendments that will be made from time to time.

2.2  “Applicant” means any person who, through the OptIn Function, applies for enrolment and registration onto FARAJA 

2.3 “Bank” means a regulated bank with whom EDOMx partners with from time to time, for purposes of providing FARAJA, You may access the details of the Banks here.

2.4 “Bank Account” means the virtual bank account opened by the Bank in your name solely for the purpose of offering FARAJA

2.5 “Credit Limit” means the maximum Facility amount you are allowed on FARAJA as defined, established and communicated to you by us from time to time, based on your credit score. 

2.6 “Currency Equivalent” means the Kenya shillings equivalent of the corresponding E-Value amount.

2.7  “Customer/You” means any Applicant or any person who uses FARAJA as provided in these Terms and Conditions.

2.8 “Customer Care Centre” means a customer care centre designated by us in accordance with these terms and conditions.

2.9 “EDOMx/Us” means EDOMx Limited, a limited liability company registered in terms of the laws of the Republic of Kenya, with registration number PVT-BEU7YQE and having its registered offices at The Address, 16th Floor, Muthangari Drive, Westlands, Nairobi.

2.10 “Event of Default” refers to any of the circumstances set out in Clause 10 below.

2.11 “E-Value” means the electronic value issued by FARAJA and transacted within the FARAJA Account which represents an entitlement to an equivalent amount of the cash monies.

2.12 “Equipment” includes your mobile phone handset, MPESA enabled SIM Card, computer system and/or other equipment which when used together enables you to access the Network and FARAJA.

2.13  “Facility” means any funds advanced to your FARAJA Account to enable you complete payments for the FARAJA transactions 

2.14 “Facility Term” means the term of the Facility calculated as (i) seven (7) calendar days from the date when the Facility was first granted to you or (ii) thirty (30) calendar days from the date when the Facility was first granted to you, and shall be communicated to you at the time the Facility is granted to you.

2.15 “FARAJA” means the Zero Interest In-store Credit Service which allows a Customer to purchase goods and services from a Participating Merchant.

2.16 “FARAJA Account” means the virtual account opened by us, registered in your name and operated in accordance with the terms and conditions herein contained;

2.17 “FARAJA App” means the software application known as FARAJA App as published, updated and upgraded by us from time to time. 

2.18           “Government” means the National Government, County Government or any other Government lawfully established under the laws of Kenya. 

2.19 “IPRS” means the Integrated Population Registration System operated by the Government.

2.20 “Know Your Customer” also known as KYC refers to the customer due diligence obligations prescribed by relevant laws and as may be prescribed or recommended by the Central Bank of Kenya or other relevant authority in Kenya from time to time;

2.21   “M-PESA” means the money transfer and payment service that is managed and operated exclusively by Safaricom in Kenya and licensed by the Central Bank of Kenya. 

2.22           “M-PESA    Account”   means        your           M-PESA      wallet registered in your name.

2.23   “M-PESA System” means the technical platform for the time being providing the M-PESA service. 

2.24 “MSISDN” Mobile Subscriber Integrated Services Digital Network Number (Mobile Number). 

2.25 “Network” means the mobile cellular network operated by Safaricom. 

2.26 “Opt-in Function” means the proprietary menu option developed by FARAJA System and available on USSD, FARAJA App or any other available channel that enables FARAJA Customers to apply to register for FARAJA.  

2.27 “Overdue Amount” means any amount which has not been paid on its due date as provided under these terms and conditions.

2.28  “Participating Merchant” means an authorized store or supplier who has agreed to participate in the provision of FARAJA. A list of the Participating Merchants can be obtained on the USSD, App and our website

2.29        “Party” refers to You, or EDOMx singularly. 

2.30        “Parties” means You and EDOMx jointly. 

2.31 “PIN” means your personal identification number being the secret code used to access and operate your Equipment on the System including but not restricted to access and use of FARAJA. 

2.32 “Recovery Expenses” include any costs incurred by us to recover Overdue Amounts. 

2.33 “Repayment” means repayment of any amount due under FARAJA as defined in these Terms and

Conditions. 

2.34 “Request” means a request or instruction received by us from you or purportedly from you through the Network and the System and upon which we are authorized to act.

2.35 “Safaricom” means Safaricom PLC, a public limited liability incorporated in Kenya under the Companies Act. 

2.36 “SIM Card” means the subscriber identity module which when used together with other prescribed Equipment enables a Customer to use FARAJA in the manner provided herein.

2.37       “USSD” means the USSD service provided by EDOMx. 

2.38  Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

 

 

3.    ACCEPTANCE OF THE TERMS AND CONDITIONS

3.1 Before opting-in or registering for FARAJA, you should carefully read and understand these terms and conditions as they govern the access, use and operation of FARAJA. 

3.2 These Terms and Conditions are available on our website https://www.FARAJAcredit.com/terms/. Where you are unable to read and understand these terms and conditions from an electronic device you are requested to call our Customer Care Centre.  

3.3  You will be deemed to have read, understood and accepted these terms and conditions:  3.3.1 upon accepting out terms and conditions on the Opt-in Function; and/or 

3.3.2 by using or continuing to use and requesting for FARAJA.

3.4 By registering for FARAJA, 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 FARAJA. 

3.5 We may from time to time vary or amend these terms and conditions and your continued access and use of FARAJA constitutes your acceptance to be bound by the terms of any such amendment or variation. 

3.6 You acknowledge and accept that we shall offer FARAJA and particularly the FARAJA Account only electronically and you agree to do business with us and to operate the FARAJA Account only by electronic means via the FARAJA menu or FARAJA App on your Equipment.

 

3.7 You acknowledge and consent that the Bank may link your FARAJA transactions to your Bank Account. 

 

4.     REGISTERING FOR FARAJA  

4.1 By opting into FARAJA, you confirm that you are at least eighteen (18) years old and a registered and active MPESA Subscriber for at least six (6) months immediately preceding the date of your application to register for FARAJA. We reserve the right to verify the authenticity and status of your M-PESA Account and transactions and may decline your application if we are not satisfied that you have met our minimum requirements. 

4.2  FARAJA partners with regulated Banks in order to offer FARAJA to you. By registering for FARAJA, you agree and acknowledge that the Bank may open a virtual Bank Account in your name, solely for purposes of providing FARAJA. You irrevocably give the Bank your consent to open a Bank Account in your name (if you are not already a Bank’s customer at the time of registration). If you are already the Bank’s customer, you agree that the Bank may share your personal information with Us. Your operation of the Bank Account is a separate and distinct contractual relationship from FARAJA. Accordingly, your access and use of the Bank Account and other Bank services shall be subject to the Bank’s terms and conditions.

4.3 You may register for and access FARAJA on a maximum of two MSISDNs; provided that these terms and conditions shall apply to each of them.

4.4  Please note that in order to deliver FARAJA to you, Safaricom will share your personal information with Us. Such personal information includes but is not restricted to your phone number, name, date of birth, ID or Passport Number and such other information that will enable us to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). Such information may also include your usage in relation to Safaricom products. 

4.5 You may opt in to FARAJA solely by way of an electronic application made by you using your Equipment via the USSD or FARAJA App. 

4.6 You hereby agree and authorize us to obtain your Personal Information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to us. 

4.7 You hereby further acknowledge and authorize us to obtain your Personal Information from other legal channels and partners as we may deem fit for the purpose of verification of your information and processing your Requests.

4.8 We reserve the right to request further information from you pertaining to your application to register for FARAJA at any time. Failure to provide such information within the time we require may result in a decline of your application either to register for FARAJA or to participate in the FARAJA services.

4.9  Our acceptance or decline of your application to register for FARAJA shall be communicated through an SMS sent to your Safaricom MSISDN associated with your M-PESA account and/or Equipment. You acknowledge and accept that our acceptance of your application to register for FARAJA creates a separate and distinct contractual relationship between you and Safaricom. Accordingly, the terms and conditions that apply to your M-PESA Account or other Safaricom products and services shall continue to apply, including but not limited to M-PESA fees applicable to the MPESA transactions associated with FARAJA.

4.10 We reserve the right to decline your application to register for FARAJA, to revoke your registration on FARAJA and/or to decline any Request from you, with or without assigning any reason, at our sole discretion. 

 

4.11 Upon your accepting these terms and Conditions, we reserve the right to inform you of other products/services offered by us, our affiliates and partners.

 

5.    YOUR REQUESTS  

5.1 You hereby irrevocably authorize us to act on all Requests received by us using your Mpesa PIN and to hold you liable in respect thereof. We may nevertheless refuse to carry out any Requests beyond the scope of FARAJA as offered from time to time.

5.2  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. 

5.3  We shall decline any Request for a Facility under FARAJA if you exhaust your Credit Limit (as communicated by us) and reserve the right to partly decline your Request if fully complying with the same would cause you to exceed the Credit Limit. In deciding whether to offer you FARAJA, we shall take account of any outstanding Facilities on your FARAJA Account in accordance with these terms and conditions. We shall not be obliged to take account of regular credits or any amounts received after declining such Request. 

5.4 If you request us to cancel any transaction or instruction after a Request has been received by us from you, we may at our absolute discretion cancel such transaction or instruction but shall have no obligation to do so. Cancellation will however only be allowed where your Request has not yet been acted on by us. 

5.5 We shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any 

 

 

reason incomplete or ambiguous if, in our absolute discretion, we believe that we can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

5.6 In the event of any conflict between any terms of any Request received by us from you and these Terms and Conditions, these Terms and Conditions shall prevail.

5.7 We reserve the right at our sole discretion and, without assigning any reason, to approve or decline any Request. Communication of our acceptance or decline of your Request will be via SMS sent to your Safaricom MSISDN and or Equipment.

5.8 You hereby authorize us to effect such orders and act on such instructions in respect of your FARAJA Account as may be required by the Government or any court order or by a competent authority or agency under the applicable laws.

​

8. REQUESTING A FACILITY 

1. Upon opting        into            FARAJA,     you            will receive a confirmation message bearing your Credit Limit. 

2. If you are not allocated a Credit Limit, you must continue to transact on FARAJA in order to build a transaction history and enhance your credit score in order to be eligible for a Credit Limit. 

3. Your Request for a Facility will be appraised according to our Facility appraisal procedures. We reserve the right at our sole discretion and without assigning any reason to approve or decline your application for a Facility.

4. You may Request for the Facility multiple times within the Facility Term subject to the Credit Limit. 

5. Subject to approval of your application for a Facility we shall disburse to you an amount to be determined by us

in our sole discretion   

 

7.    CREDIT LIMIT  

7.1 We shall from time to time determine and/or vary your Credit Limit, which shall be communicated to you upon request, through SMS FARAJA App or our Customer Care Centre 

7.2 By accepting these Terms and Conditions, you agree   and admit that we reserve the exclusive right to set the Credit Limit. 

7.3 Where you have any Overdue Amount, your right to use FARAJA and any un-utilized Credit limit may be suspended forthwith. 

 

8.     CREDIT SCORING  

       Your Credit Limit and our continued approval of your

Requests for a Facility will be determined by your credit score. Your credit score will be assessed based on various matters including the information obtained from your use of FARAJA and any other external sources as we may from time to time determine.    

 

9.    REPAYING THE FACILITY  

9.1 Provided that no Event of Default has occurred, it is agreed that the Facility shall be available on an ongoing/continuous basis for during the Facility Term.

9.2 Any Facility granted must be repaid in full within the Facility Term as notified to you by us. 

9.3  FARAJA does not attract any fees, charges or penalties. You will only be required to repay the outstanding Facility amount as advanced to you by us (in whole or in part) using the designated Paybill number or such other channels as provided by us from time to time.

9.4 You will however be required pay any standard fees associated M-PESA and/or USSD transactions 

9.5 You may also repay the outstanding Facility Amount (in whole or in part) through a 3rd party using the designated Paybill number or such other channels as provided by us from time to time

9.6  We reserve the right to notify you of any outstanding amount and request for repayment of any outstanding Facility Amount prior to or after the expiry of the Facility Term.

9.7 In the event that you do not repay the Loan in full within the Facility Term, we shall be entitled to exercise any of the following rights at our sole discretion, without prejudice to our other rights and remedies;

9.7.1       we will immediately lower your Credit Limit 

9.7.2       extend the Facility Term or 

9.7.3 suspend your FARAJA Account, without prejudice to our other rights and remedies. 

9.7.4       Discontinue your FARAJA Account 

 

​10. EVENTS OF DEFAULT  

1. An Event of Default occurs:  

   1. Where any Facility is due and unpaid when its due; or

   2. Where you have exceeded your Credit Limit; or 

   3. If any representations or statements or particulars made and/or provided by you are found to be incorrect; or

   4. If you commit any breach or fail to observe, keep or perform any of the terms, conditions covenants or provisions of any other agreement between us and yourself in respect of the Facility; or 

   5. if there is reasonable apprehension that you are unable to pay your debts or we receive any notice that you have admitted any inability to pay your debts as they become due; or 

 

1. if you are convicted under any criminal law in force related to use of FARAJA or any other related services; or

2. if any judgement or decree in any legal proceedings is passed against you which is not satisfied within seven (7) days of demand

3. In the event that any laws, decrees, regulations or declarations are passed which make it illegal for us to provide FARAJA to you

1. CONSEQUENCES OF DEFAULT:  

   1. At any time after an Event of Default has occurred which is continuing, we may, without prejudice to any other right or remedy granted to us under any law:  

      1. terminate FARAJA in accordance with the provisions herein;  

      2. declare that the Facility is immediately due and payable, whereupon you shall be required to settle the Facility with immediate effect;  

      3. Suspend your FARAJA Account until such time that the Event of Default has ceased, or as otherwise determined by us at our sole

discretion

1. take reasonable measures including engaging an independent debt-collection agency, to recover the amount in default.

2. submit information concerning the Event of Default to Credit Reference Bureaus, subject to applicable laws.

 

 12.       USING THE FACILITY  

12.1.    You may only utilize your Facility to complete a transaction with a Participating Merchant (hereinafter “Permitted Transactions”).  

 12.2.    You accept that completion of the Permitted Transactions and all matters arising from or related to completion of the Permitted Transactions shall be strictly governed by these terms and conditions.  

 

13.    REVERSAL

13.1 Any reversals shall be undertaken in accordance with our standard reversal processes which can be obtained from out website at any given time. 

 

13.2 You will be required to call our Customer Care Centre for any queries and reversal requests

  

14.      STATEMENTS  

14.1.   We shall from time to time, and at your Request, provide you with statement(s) or activity report(s) in respect of your FARAJA Account on your Equipment through the USSD or FARAJA App (“the Mini Statement”).  

14.2.  The Mini Statement will provide details of your last five (5) transactions on FARAJA or such other number of transactions as we may determine.  

14.3. The Mini Statement will not be sent to you in printed form but will be delivered to you either by SMS to the MSISDN associated with your M-PESA Account or such other electronic means as we may determine. You shall be responsible for the payment of any charges associated with delivery of the Mini Statement to you.  

 

 14.5. The full statement and/or Mini Statement will show all transactions carried out on your FARAJA Account during the period requested and/or since the previous statement. You must check your statement carefully and inform us as soon as possible, of any errors or anomalies or transactions not made in accordance with your instructions.  

14.6.   You will be deemed to have accepted all entries in your Statement if you do not raise queries or objections on the entries therein within fifteen (15) calendar days from the statement date.  

14.7.  Save for a manifest error, the full statement and or Mini Statement issued to you aforesaid in respect of your FARAJA Account shall be conclusive evidence of the transactions carried out on your FARAJA Account for the period covered in the Mini Statement and or full statement.  

14.8.  We reserve the right to rectify discrepancies, add and/or alter the entries in your full statements or Mini Statement, without prior notice to you. We will however inform you of any rectification, additions and or alterations effected on your statements within seven (7) days before the changes are effected. 

14.9.   You will be notified of all transactions on your FARAJA Account by way of SMS.

 

 

 15.           LOSS OF EQUIPMENT AND UNAUTHORIZED TRANSACTIONS  

15.1.    If you lose your Equipment or you for any reason you believe that your PIN may have been accessed by an unauthorized person, you shall immediately notify our Customer Care Centre for assistance.  

 15.2.   Until and unless we receive your notice of loss or unauthorized access of the PIN as above we shall remain authorized to accept any Requests on your FARAJA Account using your PIN. 

15.3.   You shall give us and any person acting on our behalf all necessary assistance in any investigations, all information as to the circumstances of the loss or possible misuse of your Equipment or PIN in order to enable us to take all reasonable steps mitigate the loss incurred or likely to be incurred as a result of loss of the Equipment or misuse or unauthorized access to your PIN.  

 

 

15.4.   You consent to the disclosure by us to third parties of such information as is relevant concerning your FARAJA Account in connection with such loss of your Equipment or possible misuse or unauthorized access of your PIN.

 

 16.          CUSTOMER COMPLAINTS  

16.1.  Complaints shall be made by calling or SMS through the Customer Care contacts provided on our website

 16.2.   We will take all reasonable measures within our means to resolve your complaints in accordance with our complaints handling procedures. Where a notification regarding your complaint or any other matter is expected from us but not received, you are entitled to follow up on the complaint within a reasonable time after non-receipt of such notification.

 

 18.     TAXES

 

            All repayments are inclusive any taxes payable by you.

 

19.      YOUR PERSONAL INFORMATION 

 

19.1      EDOMx values your privacy. For more information on how your personal information is handled please click our data privacy statement here: http://farajacredit.com/privacypolicy 

19.2 Please note that in order to deliver FARAJA to you, we will need to disclose, receive, record, store or utilize your personal information, historical and transactional data as well other analytical information or data relating to your use of FARAJA Account with respect to the Facilities granted under FARAJA and any details of your use of FARAJA;

19.2.1. to and from our service providers, partners, lenders, bankers, dealers, agents or any other company that may be  or  become our affiliate or subsidiary or holding company for reasonable commercial purposes;

19.2.2. to independent debt-collection agencies;  

19.2.3. to our lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;  

19.2.4. for reasonable commercial purposes connected to your use of FARAJA, such as marketing and research related activities; and  

19.2.5. in business practices including but not limited to quality control, training and ensuring effective systems operation.  

19.2.6  For any related services which we may provide, independently or with other third parties.

19.2.7 to credit reference bureaus and other analytics companies as is necessary to provide FARAJA to you

19.2.7   For such periods as shall be legally permissible  

19.3.   You authorize us to disclose any information relating to your use of FARAJA  to any local, foreign or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of money laundering activities, fraud or other criminal activities or to any other institution or third party as required by the laws of any country and as we may deem necessary.  

19.4.   You authorize us to disclose, respond, advise, exchange and communicate the details or information pertaining to your FARAJA Account and or your Facility to third parties involved in the administration of your FARAJA Account and Facilities, underwriting of insurance policies, updating of databases, or provision of user support.  

19.5.   You shall notify us in writing of any changes to your Personal Information or update the same through USSD or FARAJA App. Until such notice is received, your Personal Information shall be deemed to be that which you provided in your application to register for FARAJA.

 

 

 20.      YOUR EQUIPMENT AND RESPONSIBILITIES 

20.1.   You shall at your own expense provide and maintain in safe and efficient operating order such Equipment necessary for the purpose of accessing FARAJA. You shall be responsible for ensuring the proper performance of your Equipment. We shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall we be responsible for any computer virus or related problems that may be associated with your access and use of FARAJA and Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and we shall not be responsible for losses or delays caused by any such service provider.  

20.2.   You shall follow all instructions, procedures and these terms and conditions and any other documents we may provide you concerning access and use of FARAJA and Equipment

20.3.  You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your PIN secret and secure. You shall ensure that your PIN does not become known or come into possession of any unauthorized person. We shall not be liable for any disclosure of your PIN to any third party and you hereby agree to indemnify and hold us harmless from any loss and damage we may incur as a result of your intentional, negligent or reckless disclosure of the PIN

 20.4.  You shall take all reasonable precautions to detect any unauthorized use of your Equipment, PIN and or FARAJA and immediately notify us to enable us to take steps to protect your FARAJA Account.

 20.5.    You shall immediately inform us through the Customer Care Centre in the event that:

 20.5.1. You have reason to believe that your PIN is or may be known to any person not authorized to know the same and/or has been compromised; or

20.5.2 You have reason to believe that unauthorized use of FARAJA has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.  

20.6. You   shall   at   all   times   follow   the   security procedures we notify you from time to time or such other procedures as may be applicable to FARAJA from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your responsibility to keep Personal Information confidential. In particular, you shall ensure that FARAJA are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized by you.

 

21.         INTELLECTUAL PROPERTY RIGHTS  

You acknowledge that the intellectual property rights in FARAJA (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that we provide to you are vested in EDOMx. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with any documentation or functionality on the Equipment, USSD, STK Menu or FARAJA App without our prior written consent.

  

22.  INDEMNITY  

22.1.  In consideration of us complying with your instructions or Requests in relation the FARAJA Account, you undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee or claim which we may suffer or incur or sustain thereby and you absolve us from all liability for loss or damage which you may sustain from us acting on your instructions or Requests or in accordance with these Terms and Conditions.

 22.2.  The indemnity in clause 22.1 shall also cover all demands, claims, actions, losses and damages of whatever nature which may be brought against any of us or which we may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the our control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by us.  

22.3.  The Indemnity in Clause 22.1 shall also cover any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs, any unauthorized access to your FARAJA Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment, any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by us as a consequence of any breach by these Terms and Conditions by you.

 

23. EXCLUSION OF LIABILITY  

1. We shall not be responsible for any loss suffered by you should FARAJA be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the our control including, without limitation, force majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system. 

2. We will not be liable for any losses or damage suffered by you as a result of or in connection with:- 

 

1. failure, malfunction, interruption or unavailability of the FARAJA System, your Equipment, the Network, M-PESA System and/or FARAJA;

2. your failure to give proper or complete instructions relating to any FARAJA transactions;

3. any fraudulent or illegal use of FARAJA, the System and/or your Equipment; or 

4. Your failure to comply with these Terms and Conditions and any document or information provided by us concerning the use of the System and FARAJA. 

 

1. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

 

24. VARIATION AND TERMINATION OF RELATIONSHIP  

24.1.    We may at any time, upon notice to you, terminate or vary our business relationship with you and suspend or discontinue your registration and or access to FARAJA:

 24.1.1. if you use FARAJA or Facility for unauthorized purposes or where we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of FARAJA;  

24.1.2.  if your Bank Account, FARAJA Account or MPESA Account is terminated for whatever reason;  

24.1.3. if we are required or requested to comply with an order or instruction of or a recommendation from the Government, court, regulator or other competent authority to that effect or necessitating it; 

 

24.1.4. if we reasonably suspect or believe that you are in breach of these terms and conditions (including non-payment of any amount due from you where applicable);  

24.1.5. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of your safety or public access fees;  

24.1.6. to facilitate update or upgrade the contents or functionality of FARAJA from time to time;  

24.1.7. where your FARAJA Account becomes inactive or dormant or is deemed abandoned in line with the Unclaimed Financial Assets Act;  

24.1.8. if we decide to suspend or cease provision of FARAJA for commercial reasons or for any other reason as we may determine.  

24.2 You may cancel registration for FARAJA at any time through the provided USSD Code or through the FARAJA App, or by calling our customer care number. You may however not cancel registration if you have an outstanding and unpaid Facility or Overdue Amount.

 24.3.  Termination shall not affect any accrued rights and liabilities of either party and, in particular, shall not affect your obligations to meet any liabilities incurred prior to such termination.

24.4 Cancellation or closure of your Bank Account shall be subject to the Bank’s terms and conditions.

 

25.      BREACH OF TERMS AND CONDITIONS

In the event of any breach of these terms and conditions, then we may in circumstances where you fail to comply or fail procure compliance with the terms of a notice consequently served on you, require immediate repayment in full of the Facility and/or forthwith terminate the contractual relationship with you without any consequential liability to you or any other person.

 

 

26.      DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION

 26.1.   You may contact our Customer Care Center to report any disputes, claims or discrepancies related to FARAJA.  

26.2.   Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre 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 the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act.

 26.3.    To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.  

26.4.   This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

 

27.    DEATH OR BANKRUPTCY  

On your death or bankruptcy, your obligations shall remain in full force and effect until such   a time as they shall be duly satisfied.

 

28.       NOTICES  

28.1    Without prejudice to any other clause in these terms and conditions, all notices concerning FARAJA may be sent via SMS to the MSISDN associated with your FARAJA Account and shall be deemed received if we do not receive a delivery failure notice.

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

 

 

29.       MISCELLANEOUS  

29.1.   These terms and conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal representatives and successors. 

29.2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

29.2 We may vary or amend these terms and conditions at any time and without consultation  and such notice and particulars of the variations including the amended version of these terms and conditions shall be published on the EDOMx websites and may, additionally, be published in posters or pamphlets provided by us from time to time or by any other means as we may determine.  

29.3     No failure or delay by either yourself or on our part in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.  

29.4.    The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.  

29.5    If any provision of these terms and conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.  

29.6  Any variations or amendments to these terms and conditions shall be binding upon you   as fully as if the same were contained in these terms and conditions.