WEBSITE TERMS AND CONDITIONS OF USE

  1. IMPORTANT NOTICE

These Terms and Conditions (“Terms”) constitute a legally binding agreement governing access to and use of the Kenswitch Limited website (the “Website”). By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms and all applicable laws, regulations, and regulatory directives.

If you do not agree to these Terms, you must immediately cease accessing or using the Website.

  1. REGULATORY STATUS AND CORPORATE INFORMATION

Kenswitch Limited (“Kenswitch”, “we”, “us”, or “our”) is a designated payment system infrastructure provider operating under the oversight of the Central Bank of Kenya (“CBK”) pursuant to the National Payment System Act and applicable subsidiary legislation and directives.

This Website is provided for informational purposes only and does not constitute an offer of financial services, a payment service, or any form of regulatory approval.

  1. ACCEPTANCE AND MODIFICATION OF TERMS

By using the Website, you represent that you have the legal capacity to enter into binding agreements.

Kenswitch reserves the right to amend these Terms from time to time to reflect legal, regulatory, operational, or security requirements, including directives issued by the Central Bank of Kenya. Continued use of the Website following publication of amended Terms constitutes acceptance of such amendments.

  1. PERMITTED USE AND RESTRICTIONS

You may use the Website solely for lawful and legitimate informational purposes.

You shall not:

• Attempt unauthorised access to systems or networks • Introduce malicious code or disrupt system integrity • Misrepresent affiliation with Kenswitch or any regulated entity • Collect or process data without lawful basis • Engage in any conduct that may compromise payment system security or stability

  1. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Website and its contents vest in Kenswitch or its licensors and are protected under applicable laws. No rights are granted except as expressly set out herein.

  1. DATA PROTECTION AND PRIVACY

Kenswitch processes personal data in accordance with the Kenya Data Protection Act and all applicable regulations.

Kenswitch has adopted and maintains a Privacy Policy and a Cookie Policy, which set out in detail how personal data is collected, used, stored, disclosed, and protected, as well as how cookies and similar technologies are deployed on the Website. These policies form an integral part of these Terms and are incorporated herein by reference. By accessing or using the Website, you acknowledge that you have read and understood the Privacy Policy and Cookie Policy.

  1. SECURITY AND RESTRICTED ACCESS

Access to restricted areas of the Website is limited to duly authorized users. Users are responsible for maintaining confidentiality of credentials and must promptly notify Kenswitch of any suspected compromise.

  1. DISCLAIMER

The Website and its contents are provided for general informational purposes only. While reasonable care is taken to ensure accuracy, Kenswitch does not warrant completeness, accuracy, or uninterrupted availability of the Website.

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Kenswitch shall not be liable for any indirect, incidental, or consequential loss arising out of or in connection with the use of the Website.

  1. THIRD PARTY LINKS

The Website may contain links to third-party websites. Kenswitch accepts no responsibility for the content, security, or practices of such third-party sites.

  1. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of the Republic of Kenya. The courts of Kenya shall have exclusive jurisdiction, without prejudice to the supervisory authority of the Central Bank of Kenya.

  1. REGULATORY COMPLIANCE

Kenswitch operates in compliance with applicable laws and regulations including the National Payment System Act (Cap. 493B), the Banking Act (Cap. 488), the Data Protection Act, 2019, and applicable AML/CFT frameworks.

  1. CONTACT INFORMATION

Kenswitch Limited Telephone: +254 (0) 725 232 244 Email: info@kenswitch.com

Last Updated: April 2025