THIS KENSWITCH MOBILE APPLICATION TERMS AND CONDITIONS (THE “AGREEMENT”) CONSTITUTE A VALID AND BINDING AGREEMENT BETWEEN KENSWITCH (“THE COMPANY”) AND THE USER. BEFORE YOU CHOOSE THE ACCEPT BUTTON OR SIMILAR BUTTONS BELOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHOOSING THE ACCEPT BUTTON YOU ARE ONE, REPRESENTING THAT YOU HAVE ATTAINED THE AGE OF MAJORITY AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF TO THE TERMS OF THIS AGREEMENT AND TWO, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT REPRESENT THE FOREGOING DO NOT CLICK THE ACCEPT BUTTON OR DOWNLOAD OR USE THE APPLICATION.
BY CLICKING THE ACCEPT BUTTON YOU HEREBY WARRANT, CERTIFY AND COVENANT TO THE FOLLOWING:

  1.  DEFINITIONS
    1.1. “Application” shall mean the Kenswitch Mobile Application, any other software offered from time to time by the Company and any other electronic documentation delivered to the user.
    1.2. “User” shall mean the individual or the entity that installs and/or uses this Application. And may also be represented by the use of “You”, “Your” or “Yourself”.
  2. INSTALLATION AND USE
    By downloading and installing this Application from the appstore on [one or more devices], you represent and warrant that;
    a) Any and all registration information you submit is truthful, accurate and to the best of your knowledge and belief;
    b) You will maintain the accuracy of such information;
    c) Your use of the Application will comply with and does not violate any applicable law, regulation or guideline; and
    d) You consent to receiving messages from the Company.
    From time to time, the Company may in its sole discretion, notify its Users of an updated version of the Application, which you agree to download, install and use instead of the prior version.
  3. LICENSE                                                                                                                                                                                           Subject to the terms of this Agreement and for the sole purpose of managing accounts, money transfer and tracking your credit and debit cards, the Company grants you a revocable, non-exclusive, non-transferable and non-assignable limited right to install and use the Application on a single mobile device owned or controlled by you, and to access and use the Application on such mobile device(s) and/or electronic gadgets strictly in accordance with this Agreement, the usage rules and any service agreement associated with your mobile device(s) and/or electronic gadgets.
  4. RESTRICTIONS ON USE
    You shall use the Application strictly in accordance with the terms of this Agreement and shall not;
    a) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
    b) Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;
    c) Violate any applicable laws, rules or regulations in connection with your access or use of the Application;
    d) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its assigns, affiliates or partners;
    e) Use the application for any revenue generating endeavor, commercial enterprise or other purposes for which it is not designed or intended;
    f) Install use or permit the Application to exist on more than one mobile device at a time or on any other mobile device or computer;
    g) Make the Application available over a network or other environment permitting access or use by multiple mobile devices and/or electronic gadgets or users at the same time;
    h) Use the Application for creating a product service or software that is directly or indirectly competitive with or in any way a substitute for any services, product or software offered by the Company;
    i) Use the Application for phishing, pharming or impersonation of any persons, or stealing or assume any persons identity;
    j) Use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or
    k) Use any proprietary information or interfaces of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for the use with the Application.
  5. MISUSE OF THE APPLICATION.
    You may not connect to or use the Application in any way not permitted by this Agreement. Without limiting the foregoing, You agree that you will not:
    a) Institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Application or otherwise attempt to disrupt it or any other person’s use.; or
    b) Attempt to gain unauthorized access to the Application, accounts registered to other users or connected networks.
    Furthermore, you may not use the Application in association with, or to develop, generate, transmit or store, information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way that obstructs or otherwise interferes with the normal performance of another person’s use of the Application; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) violates any applicable law or regulation; (vi) makes any false, misleading or deceptive statement or representation regarding the Company or the Application.
  6. THIRD PARTY SOFTWARE AND SERVICES
    The Application may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to the Company to enforce any of your rights in relation thereto. You are solely responsible for all data, SMS and mobile carrier charges in connection with the mobile phone(s) on which you have installed the Application.
  7. NO DATA MINING OR HARMFUL CODE
    You agree not to:
    a) obtain or attempt to obtain any information of other Users or other data from the Application;
    b) intercept, examine or otherwise observe any proprietary communications protocol used by the Application, whether through the use of a network analyzer, packet sniffer or other device; or
    c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Application.
  8. OWNERSHIP & INTELLECTUAL PROPERTY
    8.1.Rights to Application.
    You acknowledge that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain the property of the Company. Furthermore, you acknowledge and agree that the source and object code of the Application, the format, directories, queries, algorithims, structure and organisation of the Application, are the intellectual property, proprietary and confidential information of the Company its assigns, affiliates and partners. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and on the Application not expressly granted in this Agreement are hereby reserved and retained by the Company.
    8.2. Company’s marks.
    You are not authorized to use the Company’s trademarks in any advertisement, publicity or any other commercial manner without the prior written consent of the Company, which may be withheld for any or no reason.
  9. DISCLAIMERS
    Your use of any aspect of the Application is at your own risk. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Application.
    If you use and/or access the Application on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, the Company shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
    WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE APPLICATION. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE APPLICATION. ANY ACTION YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE APPLICATION ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE APPLICATION TO ENSURE ITS ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES
    A. REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION; OR
    B. THAT THE APPLICATION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR
    C. REGARDING THE PERFOMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE OR ERROR-FREE.
    KENSWITCH DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE OR SERVICE DATA WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, KENSWITCH DOES NOT REPRESENT AND WARRANT THAT YOU WILL RECEIVE GOODS AND SERVICES FROM THIRD PARTIES WHEN CONDUCTING TRANSACTIONS THROUGH THE APPLICATION, THAT YOU WILL RECEIVE REFUNDS FROM PAYEES, THAT CHARGEBACKS WILL NOT OCCUR, OR THAT ANY MOBILE PAYMENT PLATFORM WILL WORK OR FUNCTION CORRECTLY AND/OR ACCURATELY WITH THE APPLICATION.
  10. TECHNOLOGY SUPPORT & COMPATIBILITY
    The Company does not warrant or guarantee that the application will function with your mobile or electronic device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. The Company does not warrant or guarantee against, and therefore assumes no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the system to function as expected, including but not limited to the non-delivery of any alerts or notifications.
    Without limiting the foregoing, the Company, its assigns, affiliates and partners make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, content, including software, text, graphics, links or communications provided on or through the use of the Application.
    The Company has no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, the Company may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.
    Although the Company takes reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, it does not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.
  11. USE OF INFORMATION
    11.1. Consent to Use information
    You hereby authorize and consent to the collection, storage and use, by the Company and its assigns, affiliates, partners and agents, of any information and data related to or derived from your use of the Application, and any information and data that you provide to the Company and its assigns, affiliates, partners and agents (‘Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in aggregate (not user level) form; search requests, search results, patterns, data and suggestions based on user actions.
    The Information provided will be treated as being non-confidential and non-proprietary and the Company assumes no obligation to protect confidential and proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever including, without limitation, developing and marketing products and services incorporating such information.
    11.2. Privacy Policy
    You represent that you shall comply with the terms and conditions of the Company’s privacy policy, which sets forth and describes the practices of the Company with respect to the collection, use and disclosure of information in connection with your use of the Application. The Company reserves the right to change the provisions of its privacy policy at any time and from time to time at its sole discretion. The Company will post any changes to its privacy policy at the web address stated herein. Your use of the Application following the posting of such changes to the privacy policy will constitute your acceptance of any such changes.
  12. EXPORT RESTRICTION
    You may not use or otherwise export or re-export the Application except as authorized by Kenyan laws and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not located in any country that is subject to Kenyan Government embargo, or that has been designated by the Kenyan Government as a “terrorist supporting” country. You also agree that you will not use the Application for any purposes prohibited by Kenyan laws.
  13. INDEMNIFICATION
    You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licenses, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses(including advocates’ fees and costs) arising directly from or relating to:
    a) the breach of this Agreement by you or anyone using your mobile device(s) and/or electronic gadgets, password or login information;
    b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application;
    c) your violation of any law or regulation; or
    d) any other matter for which you are responsible under this Agreement or under law.
    You agree that your use of the Application shall be in compliance with all applicable laws, regulations and guidelines.
  14. DISPUTE RESOLUTION
    This Agreement shall be governed in all respects under the laws of the Republic of Kenya.
  15. MODIFICATION OR AMENDMENT
    The Company may modify or amend the terms of this Agreement. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application.
  16. ENTIRE AGREEMENT
    This Agreement constitutes the entire agreement between you and the Company pertaining to the subject matter hereof. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.
  17. TERMINATION                                                                                                                                                                                                      This Agreement is effective until terminated by either you or the Company. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application. If you violate this Agreement, our permission to you to use the Application automatically terminates. The Company may, in its sole discretion, terminate this Agreement and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or the Company, you must promptly uninstall the Application on all of your devices and all copies of such materials and documentation.
    The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on liability, Indemnity, Choice of Law, Entire Agreement and Severability.
  18. SEVERABILITY                                                                                                                                                                                                    If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
  19. ASSIGNABILITY                                                                                                                                                                                              You agree that this Agreement and all incorporated agreements between you and the Company may be assigned by the Company, in its sole discretion to any third party.                                                                                                                                                                  However you will not assign any or all parts of the Agreement to any third party.
  20. NOTICES                                                                                                                                                                                                             All notices to you relating to this Agreement shall be posted on the Application. All notices by you may be addressed to the Company using the below contact details;

Kenswitch Limited,
Ambank House,
P.O. Box 39466-00623,
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Nairobi.
Notice shall be deemed given when notice is posted on the Application.