Terms & Conditions
1. THE AGREEMENT
1.1. Â This Â Agreement Â sets Â out Â the Â complete Terms and Conditions which Â shall Â be Â applicable Â to Â Nipashe Â Â opened by you with TransUnion.
1.2. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
1.3. The Customer accepts and acknowledges that this is a legal and binding agreement between the Customer and TransUnion once accepted by both parties.
1.4 â€œWe,â€ â€œour,â€ and â€œus,â€ means TransUnion and includes its successors in title and assigns;
1.5 “You” or “your” means the Customer and includes your personal representatives and heirs;
1.6. The word â€œCustomerâ€ shall include both the masculine and the feminine gender as well as juristic persons;
1.7. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
1.8. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
2.1. Â In Â Â these Â Â Terms Â Â and Â Â Conditions Â Â the following words and expressions (save where the context requires otherwise) bear the following meanings:
2.1.1. â€œCustomerâ€ means any consumer of Services who has a formal engagement to receive Services as per theses Terms and Conditions;
2.1.2. â€œCustomer Service ” means the Customer Service Department located at Prosperity House, Westlands Road off Museum Hill, Westlands 3rd Floor and of P.O. Box 46406-00100 Nairobi, Mobile No. 0734555587, 07345555881;
2.1.3. â€œEquipmentâ€ includes your mobile phone handset and or other equipment which when used together enables you to access mobile Network;
2.1.4. â€œIPRSâ€ means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons;
2.1.5. â€œNipashe Systemâ€ means the system operated by TransUnion for the provision of Services using the mobile networks;
2.1.6. â€œNipashe Subscriberâ€ means a subscriber registered to use the Nipashe System to access the Services;
2.1.7. â€œNipashe Menuâ€ means a list of the Services to be provided by TransUnion on the Nipashe System;
2.1.8. â€œNetworkâ€ means the mobile cellular network operated by various mobile networks;
2.1.9. â€œNipasheâ€ means a customer mobile product with which a customer can subscribe and access Services;
2.1.10. â€œRequestâ€ means received by TransUnion from you or purportedly from you through the Network and the System and upon which TransUnion is authorized to act;
2.1.11. â€œServicesâ€ shall include but not limited to a summary of the Customerâ€™s credit status, a consumer credit report, CRB certificate, CRB clearance letter and credit information alerts pursuant to these Terms and Conditions as you may from Â time to time subscribe to and â€œServiceâ€ shall be construed accordingly;
2.1.12. â€œSMSâ€ means a short customized message service consisting of a text message transmitted from one mobile phone to another;
2.1.13. â€œSystemâ€ means TransUnionâ€™s electronic communications software enabling the Customer to communicate with TransUnion for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Nipashe System.
2.1.14. â€œTransaction Feesâ€ fees payable for the Services as determined by TransUnion;
2.1.15. â€œTransUnionâ€ means Credit Reference Bureau Africa Limited duly licensed by the Central Bank of Kenya under the Credit Reference Bureau Regulations, 2013 to interalia, collect and Â Â facilitate the sharing of credit information.
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1. Before accessing the Services via Nipashe you should carefully read and understand these Terms and Conditions.
3.2 If you do not agree with these Terms and Conditions, Please click â€œNoâ€ on the Nipashe Menu.
3.3 You Â Â will Â Â be Â Â deemed Â Â to Â Â have Â Â read, understood and accepted these Terms and Conditions:-
3.3.1 Upon Â Â clicking Â Â â€œYesâ€ Â Â option Â Â on Â Â the Nipashe Menu requesting you to confirm that you have read and accepted the Terms and Conditions as stated in the website www.TransunionNipashe.co.ke Â and/or;
3.3.2 Upon registration for Nipashe Â and/or Â by Â using Â or Â continuing Â to Â use Â and operate Nipashe.
3.4. By subscribing to Nipashe, you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of Nipashe and you affirm that these Terms and Conditions herein are without prejudice to any right that TransUnion may have with respect to Nipashe in law or otherwise.
3.5. These Terms and Conditions may be amended or varied by TransUnion from time to time and the continued use of Nipashe constitutes your agreement to be bound by the terms of any such amendment or variation.
3.6. You acknowledge and accept that TransUnion offers the Services electronically and you agree to do business with TransUnion. Any query and complaint you may have relating to the Services shall be addressed to the Customer Service Department.
4.1. In order to subscribe to Nipashe, you must be at least 18 years old, a registered and active mobile subscriber with a mobile service provider.
4.2. TransUnion Â Â reserves the right to verify with the IPRS the authenticity of your details.
4.3. You may subscribe to Nipashe solely by way of an electronic application made by you using your Equipment.
4.4. You hereby agree and authorize TransUnion to request IRPS for your personal information held by IPRS Â Â for Â Â the Â Â provision Â Â of Â Â the Services including your name, date of birth, ID or Passport Number and such other information that will enable TransUnion to identify you. You also hereby agree and authorize Transunion to request IPRS for information relating to your ID as TransUnion shall require for purposes of providing you the Services. You hereby consent to the disclosure of the Personal Information by IPRS to TransUnion and to the aforesaid use of the Personal Information by TransUnion.
4.5. You hereby agree and authorize TransUnion to obtain and procure 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 TransUnion.
4.6. You hereby further acknowledge and authorize TransUnion to verify your Personal Information received from Mobile Network pursuant to Clause 4.4 against the information received from the Government of Kenya in your respect as contained in the IPRS.
4.7. TransUnion reserves the right to request for further information from you pertaining to your application for the Services at any time. Failure to provide such information within the time required by TransUnion Â Â may result in TransUnion declining to accept your application for the Services.
4.8. Acceptance by TransUnion of your subscription shall be done via SMS sent to your mobile phone number.
4.9. TransUnion reserves the right to decline your application for Nipashe or to revoke the same at any stage at the TransUnionâ€™s sole discretion and without assigning any reason or giving any notice thereto.
5.1. As a registered Nipashe Subscriber, you may, subject to these terms and conditions subscribe for the Services using the Nipashe menu on your equipment as follows:
5.1.1. You will send your ‘Name’Â to the short code 21272;
5.1.2. As a subscriber of Nipashe, you will receive a confirmation message verifying your identity, you may, subject to these terms and conditions subscribe to the various Services using the Nipashe menu on your equipment.
5.1.3. The transaction fees payable for transactions effected in respect of your Request from time to time will apply to any transactions effected in respect of the Services using Nipashe System.
5.1.4. You shall make all payments for the Services using the method prescribed in the Nipashe System only unless otherwise advised by TransUnion.
5.2. TransUnion shall be entitled to terminate this Â Â Agreement in accordance with the provisions of Clause 12 without prejudice to any of its rights accruing hereunder.
You hereby agree to pay to TransUnion all Transaction Fees, fees, expenses and taxes, duties, impositions and expenses payable in connection with your use of the Services.
7. IRREVOCABLE AUTHORITY OF TRANSUNION
7.1. Itâ€™s your sole responsibility to familiarize yourself with the operating procedures for the Services that are provided by TransUnion upon your registration to the Services. TransUnion will not be liable for any losses incurred as a result of your errors either of commission and/or omission.
7.2 You hereby irrevocably authorize TransUnion Â to act on all Requests received by TransUnion Â from you (or purportedly from you) through the System Â Â and Â Â to Â Â hold Â Â you Â Â liable Â Â in Â Â respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
7.3. If you request Transunion to cancel any transaction or instruction after a Request has been received by TransUnion from you, TransUnion may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.
7.4. TransUnion 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 its absolute discretion TransUnion believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
7.5. TransUnion is authorized to effect such orders in respect of your Nipashe subscription as may be required by any court order or competent authority or agency under the applicable laws.
7.6. In the event of any conflict between any terms of any Request received by TransUnion from you and these Terms and Conditions, these Terms and Conditions shall prevail.
8. Â CUSTOMERâ€™S EQUIPMENT AND CUSTOMERâ€™S RESPONSIBILITIES
8.1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
8.2. You shall be responsible for ensuring the proper performance of your Equipment. TransUnion shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall TransUnion be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and TransUnion shall not be responsible for losses or delays caused by any such service provider.
8.3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by TransUnion concerning the use of the System and Services.
8.4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment. You shall ensure that your Equipment does come into possession of any unauthorized person.
8.5. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all Â communications Â from TransUnion Â are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.
8.6. You shall immediately inform TransUnion through the Customer Service Department in the event that:
8.6.1. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised;
8.6.2. You have received too many responses after sending a Request.
8.7. You shall at all times, follow the security procedures notified to you by TransUnion Â from time to time or such other procedures as may be applicable to the Services from time to time.
8.8. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your subscriptionâ€™s confidentiality. Â In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.
8.8. You shall not at any time operate or use the Services in any manner that may be prejudicial to TransUnion.
9. EXCLUSION OF LIABILITY
9.1. TransUnion Â shall not be responsible for any loss suffered by you should the Services 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 TransUnionâ€™s Â 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 Â weather, and failure of any public or private telecommunications system.
9.2. TransUnion will not be liable for any losses or damage suffered by you as a result of or in connection with:-
9.2.1. Your failure to give proper or complete instructions for payments or transfers relating to the subscription of any Services;
9.2.2. Any fraudulent or illegal use of the Services, the System and/or your Equipment; or
9.2.3. Your failure to comply with these Terms and Conditions and any document or information provided by TransUnion concerning the use of the System and the Services.
9.3. If for any reason other than a reason mentioned in subparagraphs 9.1 or 9.2, the Services are interfered with or unavailable, TransUnionâ€™s Â sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
9.4. Save as provided in subparagraph 9.3 the TransUnion shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
9.5. Under no circumstances shall TransUnion Â be liable to you for any loss of profit or for any indirect or consequential loss or damage of Â whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to TransUnion.
9.6. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in the System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that TransUnion provides to you through the System or otherwise are vested either in TransUnion or in other persons from whom TransUnion has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of TransUnion.
11.1. In consideration of TransUnion complying with your instructions or Requests in relation to Nipashe, you undertake to indemnify TransUnion and hold it harmless against any loss, charge, damage, expense, fee or claim which TransUnion suffers or incurs or sustains thereby and you absolve TransUnion from all liability for loss or damage which you may sustain from TransUnion acting on your instructions or Requests or in accordance with these Terms and Conditions.
11.2. The indemnity in clause 11.1 shall also cover the following:
11.2.1. All demands, claims, actions, losses and damages of whatever nature which may be brought against TransUnion Â or which it 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 Â Â any Â Â data, Â Â power Â Â failures, Â Â corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond TransUnionâ€™s 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 TransUnion.
11.2.2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third party Â software, including without limitation, any operating system, browser software or any other software packages or programs.
11.2.3. Any unauthorized access to the Services 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.
11.2.4. 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 Â Â failure Â Â or Â Â unavailability Â Â of Â Â third Â Â party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by TransUnion as a consequence of any breach by these Terms and Conditions.
11.2.5. Any damages and costs payable to the TransUnion in respect of any claims against TransUnion for recompense for loss where the particular circumstance is within your control.
12.1. TransUnion may at any time, upon notice to you, terminate or vary its business relationship with you and terminate your subscription:-
12.2.1. If you use the Services for unauthorized purposes or where the TransUnion detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
12.2.2. If TransUnion Â is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
12.2.3. If TransUnion reasonably suspects or believes that you are in breach of these Terms and Conditions;
12.2.4. Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
12.2.5. To facilitate update or upgrade the contents or functionality of the Services from time to time;
12.2.8. If TransUnion decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.
12.3. If TransUnion receives notice of your demise, TransUnion will not be obliged to allow any subscription by any person except upon production of Â Â Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.
13. DISCLOSURE OF INFORMATION
13.1. You hereby expressly consent and authorize TransUnion to disclose receive record or utilize your personal information or information or data relating to your subscription and any details of your use of the Services:
13.1.1. To and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
13.1.2. To and from TransUnionâ€™s Â Â service providers, dealers, agents or any other company that may be or become TransUnionâ€™s subsidiary or holding company for reasonable commercial purposes relating to the Services.
13.1.3. To TransUnionâ€™s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
13.1.4. To a mobile network in connection with the Services;
13.1.5. For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
13.1.6. In business practices including but not limited to quality control, training and ensuring effective systems operation.
14.1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.
14.2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
14.3. TransUnion may vary or amend at any time and without notice to you these Terms and Conditions and the Transaction Fees. Any such variations or amendments may be published in posters or pamphlets, in the daily newspapers, on the website and/or by any other means as determined by TransUnion and any such variations and amendments shall take effect immediately upon publication.
14.4. No failure or delay by either yourself or TransUnion 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.
14.5. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
14.6. 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.
14.7. Any addition or alteration to these Terms and Conditions may be made from time to time by TransUnion and of which notice has been given to you by way of publication as provided in subparagraph 14.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.
15.1. TransUnion may send information concerning Nipashe via SMS to your mobile phone number.
15.2. You acknowledge that you have no claim against TransUnion for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to Nipashe.
16. DISPUTE RESOLUTION
16.1. You may contact the Customer Service Department to report any disputes.
16.2. Any dispute arising out of or in connection with the provision of the Services by TransUnion that is not resolved by the Customer Service Department 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 sixty (60) days of the notification of a dispute upon application by either party, by the Chairman of the time being of the Chartered Institute of Arbitrators (Kenyan 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, 1995.
16.3. To the extent permitted by law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
16.4. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.