Fanaka
0% Interest SME Credit. To find out more, please visit our website - www.fanaka.com. In the meantime, please read our Terms and Conditions. Thank you.
TERMS AND CONDITIONS FOR THE FANAKA SERVICE
AGREEMENT
1.1This Agreement sets out the complete terms and conditions which shall be applicable to your use of FANAKA(as hereinafter defined) and shall be binding on your personal representatives and assigns.1.2These terms and conditions and any amendments or variations thereto 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: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 applies for enrolment and registration onto FANAKA. Any reference to person in these Terms and Conditions shall include an individual, incorporated and unincorporated entities2.3“Application Form” means the application form signed by You to access the Facility2.4“Bank” means Equity Bank (Kenya) Limited, a company incorporated under the laws of Kenya and duly licensed to carry on banking business and whose registered office is at Equity Centre, Nairobi, Kenya and of Post Office Box Number 75104 –00200, Nairobi2.5“Bank Account” means a bank account held by us with the Bank, particulars of which are provided in the Application Form2.6“Credit Limit” means the maximum amount you are allowed on FANAKA as defined, established and communicated to you by us from time to time based on your credit score.2.7“Customer/You” means the Applicant who uses FANAKA as provided in these Terms and Conditions.2.8“Customer Care” means the customer care details designated by us in accordance with these terms and conditions, particulars of which are provided in the Application Form2.9“Distributor” means the distributor from whom You purchase the Products, particulars of which are provided in the Application Form2.10“Distributor Account” means the account held by you with the Distributor which details, inter alia, your transactions with the Distributor, prior to or after the your acceptance of these Terms and Conditions2.11“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.2.12“Event of Default” refers to any of the circumstances set out in Clause 9below.2.13“Equipment” includes your mobile phone handset, computer system and/or other equipment which when used together enables you to access the Network and FANAKA.2.14“Facility” means any funds advanced to you through FANAKA as provided in these Terms and Conditions. 2.15of which are provided in the Application Form2.16“Facility Term” means the term of the Facility calculated from the date when the Facility was first granted to you up to the Repayment Date particulars of which are provided in the Application Form2.17“FANAKA” means the Zero Interest Credit Service which allows You to purchase goods and services from the Distributor.2.18“FANAKA Account” means the virtual account opened by us, registered in your name and operated in accordance with the terms and conditions herein contained2.19“FANAKAApp” means the software application known as FANAKAApp as published, updated and upgraded by us from time to time.2.20“FANAKA Portal” means the online portal as published, updated and upgraded by us from time to time2.21“Government” means the National Government, County Government or any other Government lawfully established under the laws of Kenya.2.22“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 theCentral Bank of Kenya or other relevant authority in Kenya from time to time;2.23“Opt-inFunction” means the proprietary menu option developed by FANAKASystem and available on USSD, FANAKAApp, FANAKA portal or any other available channel that enables FANAKACustomers to apply and register for FANAKA. 2.24“Overdue Amount” means any amount which has not been paid on its due date as provided under these terms and conditions.2.25“Party” refers to You, or EDOMx singularly.2.26“Parties” means You and EDOMx jointly.2.27“Permitted Transactions” has the meaning provided in clause 11.12.28“Permitted Transaction” has the meaning provided in clause 11.1.2.29“PIN” means your personal identification number being the secret code used to access and operate your Equipment on the System and which allows you to access and use FANAKA.2.30“Recovery Expenses” include any costs incurred by us to recover Overdue Amounts.2.31“Repayment Date” means the date when the repayment is due, particulars of which are provided in the Application Form2.32“Request” means a request or instruction received by us from you or purportedly from you through our available channels, upon which we are authorized to act.2.33“USSD” means the USSD service provided by EDOMx.2.34Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
3.ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1Before opting-in or registering for FANAKA, you should carefully read and understand these terms and conditions as they govern the access, use and operation of FANAKA.3.2These Terms and Conditions are available onour website .................3.3Where you are unable to read and understand these terms and conditions from an electronic device you are requested to call our Customer Care.3.4You will be deemed to have read, understood and accepted these terms and conditions:3.4.1upon signing the Application Form; and/or3.4.2by using or continuing to use and requesting for FANAKA.3.5By registering for FANAKA, 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 FANAKA.3.6We may from time to time vary or amend these terms and conditions and your continued access and use of FANAKAconstitutes your acceptance to be bound by the terms of any such amendment or variation.3.7You acknowledge and accept that we shall offer FANAKAonly electronically and you agree to do business with us only by electronic means via the FANAKAmenu or FANAKAApp on your Equipment.
4.REGISTERING FOR FANAKA
4.1 By opting into FANAKA, you confirm that you are, and for as long as you are indebted us, will continue toengage with the Distributor. We reserve the right to verify the authenticity and status of your Distributor Account and transactions therein and may decline your application if we are not satisfied that you have met ourminimum requirements.4.2Please note that in order to deliver FANAKAto you, the Distributormayshare your personal information, and/or information on your Distributor Accountwith Us.Such personal information includes but is not restricted to your phone number, company details, your transactions, personal information on your directors and/or proprietors including 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”).. 4.3You may opt in to FANAKAsolely by way of an electronic application made by you usingyour Equipment via the USSD, FANAKA Portalor FANAKAApp.4.4We reserve the right to request further information from you pertaining to your application to register for FANAKAat any time. Failure to provide such information within the time we require may result in a decline of your application either to register for FANAKAor to participate in theFANAKAservices.4.5Our acceptance or decline of your application to register for FANAKAshall be communicated through an SMS sent to your available phone number. You acknowledge and accept that our acceptance of your application to register for FANAKAcreates a separate and distinct contractual relationship between you and the Distributor. Accordingly, the terms and conditions that apply to your DistributorAccountor other engagements with the Distributorshall continue to apply.4.6We reserve the right to decline your application to register for FANAKA, to revoke your registration on FANAKAand/or to decline any Request from you, with orwithout assigning any reason,at our sole discretion.4.7Upon 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
5.1You hereby irrevocably authorize us to act on all Requests received by us through either USSD, FANAKA App or the FANAKA Portaland to hold you liable in respect thereof. We may nevertheless refuse to carry out any Requests beyond the scope of FANAKAas offered from time to time.5.2We 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.5.3We shall decline any Request for a Facility under FANAKAif 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 FANAKA, we shall take account of any outstanding Facilities in accordance with these terms and conditions. 5.4If 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 howeveronly be allowed where your Request has not yet been acted on by us.5.5We 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 ourabsolute discretion, we believe that we can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.5.6In 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.5.7We 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 provided phone numberand orEquipment.5.8You hereby authorize us to effect such orders and act on such instructions in respect of your FANAKAtransactionsas may be required by the Government or any court order or by a competent authority or agency under the applicable laws.
6.REQUESTINGA FACILITY
6.1Your 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.6.2You may Request for the Facility multiple times within the Facility Term subject to the Credit Limit.6.3Subject to approval of your application for a Facility we shall disburse to the Distributoran amount to be determined by us in our sole discretionandshall communicate to you accordingly.6.4We reserve the right to require that youprovide us with the relevant post-datedcheques prior to disbursement of the Facility. In this event, we shall not be obliged to disburse any amount to the Distributor, on your behalf, until such time that we have received the relevant post-dated cheque/s.
7.CREDIT LIMIT
7.1We shall from time to time determine and/or vary your Credit Limit, which shallbe communicatedto you upon request,through SMS,FANAKAApp, FANAKA Portalor our Customer Care7.2By accepting these Terms and Conditions, you agree and admit that we reserve the exclusive right to set the Credit Limit.7.3Where you have any OverdueAmount, your right to use FANAKAand any un-utilized Credit limit maybe suspended forthwith.7.4Your 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 Commented [an2]: 3 account settlement options-1) Post dated cheque 2) current cheque on 3) automatic debit
various matters including the information obtained from your Distributor Account, use of FANAKA, as well as any other external sources as we may from time to time determine.
8.REPAYING THE FACILITY
8.1Provided that no Event of Default has occurred, it is agreed that the Facility shall be available on an ongoing/continuous basis during the Facility Term.8.2Any Facility granted must be repaid in full on or before the RepaymentDate.8.3All repayments shall be made as follows;8.3.1Directly to the Bank Account8.3.2By Us depositing the post-datedcheque provided pursuant to clause 6.48.3.3By providing us with a cheque dated on or before the Repayment Date8.3.4such other channels as communicated by us from timeto time8.4FANAKAdoes not attract any fees, charges or penalties. You will only be required to repay the outstanding Facility amount as advanced by us (in whole or in part) in the manner provided herein..8.5You may also repay the outstanding Facility amount(in whole or in part) through a 3rd party 8.6We 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.8.7In the event that you do not repay the Facility amount 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;8.7.1we will immediately lower your Credit Limit8.7.2extend the Facility Term 8.7.3suspend your use of FANAKA, without prejudice to our other rights and remedies.8.7.4Discontinueyour use of FANAKA8.7.5Require that the Distributor suspends any further sales to you (whether directly or indirectly through your agents, representatives and/or related parties)
9.EVENTS OF DEFAULT
An Event of Default occurs:
9.1Where any Facility amount is unpaid after the Repayment Date; or9.2Where you have exceeded your Credit Limit; or9.3If any representations or statements or particulars madeand/or providedby youare found to be incorrect;9.4If 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; or9.5if 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; or9.6if you/your directors/shareholdersare convicted under any criminal law in force related to use of FANAKAor any other related services; or9.7if any judgement or decree in any legal proceedings is passed against you which is not satisfied within seven (7) days of demand9.8In the event that any laws, decrees, regulations or declarations are passed which make it illegal for us to provide FANAKAto you.
10.CONSEQUENCES OF DEFAULT
10.1At 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:10.1.1terminate FANAKAin accordance with the provisions herein;10.1.2declare that the Facility is immediately due and payable, whereupon you shall be required to settle the Facility with immediate effect;10.1.3Suspend your use of FANAKAuntil such time that the Event of Default has ceased, or as otherwise determined by us at our sole discretion10.1.4take reasonable measures including engaging an independent debt-collection agency, to recover the amount in default.10.1.5submit information concerning the Event of Default to Credit Reference Bureaus,subject to applicable laws.
11.USING THE FACILITY
Payment will be in full on the due date
11.1The Facility is granted to you solely to enable you complete a purchase transaction with the Distributor(hereinafter “Permitted Transactions”). 11.2You 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. 11.3Upon our confirmation that we have made payment to a Distributor pursuant to a Permitted Transaction, you irrevocably acknowledge that you shall remain indebted to us for the Facility amount.
12.REVERSAL
No reversals are allowed upon confirmation of the Request and once the Distributor has fulfilled you order
13.STATEMENTS
13.1We shall from time to time, and at your Request, provide you with statement(s) or activity report(s) in respect of your FANAKAtransactionson your Equipment through the USSD, FANAKA PortalorFANAKAApp(“the Mini Statement”). 13.2The Mini Statement will provide details of your last five (5) transactionson FANAKAor such other number of transactions as we may determine.13.3The Mini Statement will not be sent to you in printed form 13.4You 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.13.5You 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.13.6Save for a manifest error, the full statement and or Mini Statement issued to you aforesaid shall be conclusive evidence of your FANAKAtransactions for the period covered in the Mini Statement and or full statement.13.7Wereserve 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.13.8You will be notified of all your FANAKA transactions by way of SMS.
14.LOSS OF EQUIPMENT AND UNAUTHORIZED TRANSACTIONS
14.1Until and unless we receive your notice of loss or unauthorized access of the FANAKA Portal or FANAKA Appas above we shall remain authorized to accept any Requests on your FANAKAAccount.14.2You 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.14.3You consent to the disclosure by us to third parties of such information as is relevant concerning your FANAKAAccount in connection with such loss of your Equipment or possible misuse or unauthorized access of your PIN.
15.CUSTOMER COMPLAINTS
15.1Complaints shall be made by calling or SMS through the Customer Caredetails provided on the Application Form and on our website15.2We will take all reasonable measures within our means to resolve your complaintsin accordance with ourcomplaints 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.
16.TAXES
All repayments are inclusive any taxes payable by you.
17.YOUR PERSONAL INFORMATION
17.1EDOMxvalues your privacy. For more information on how your personal information is handled please clickour data privacy statement here: ......................17.2Please notethat in order to deliver FANAKAto you, we will need to(i) disclose, record, storeor utilize your personal information, historical and transactional data as well
other analyticalinformation or data relating to your use of FANAKAwith respect to the Facilities and any details of your use ofFANAKAand (ii) access your personal information, historical and transactional data as well other analyticalinformation or data in the mannerprovided in this clause 17.2. By accepting these terms and conditions and using FANAKA, you authorize us to disclose, accessand processyour personal information, historical and transactional data as well other analytical information or data;17.2.1To andfrom our service providers,partners, lenders, bankers,dealers,licensed credit reference bureaus,agents and other analytics companies as is necessary to provide FANAKAto you.17.2.2To andfrom anycompany that may beorbecome our affiliate or subsidiary or holding company for reasonable commercial purposes;17.2.3To andfrom independent debt-collection agencies;17.2.4to our lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;17.2.5for reasonable commercial purposes connected to your use of FANAKA, such as marketing and research related activities; 17.2.6forbusiness practices including but not limited to quality control, training and ensuring effective systems operation.17.2.7for purposes ofmarketing any related products and services which we may provide, independently or with other third parties, and for this reason communicate to you such other products and services. 17.2.8for such periods as shall be legally permissible 17.3You authorize us to disclose any information relating to youruse ofFANAKA toany 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 thirdparty as required by the laws of any country and as we may deem necessary.17.4You authorize us to disclose, respond, advise, exchange and communicate the details or information pertaining to your use of FANAKAand or your Facility to third parties involved in the administration of FANAKAand your Facilities, underwriting of insurance policies, updating of databases, or provision of user support.17.5You shall notify usin writing of any changes to your Personal Information or update the same through USSD or the FANAKA portal. Until such notice is received, your Personal Information shall be deemed to be that which you provided in your application to register for FANAKA.
18.YOUR EQUIPMENT AND RESPONSIBILITIES
18.1. You shall at your own expense provide and maintain in safe and efficient operating order such Equipment necessary for the purpose of accessing FANAKA. 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 FANAKAand 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.18.2You shall follow all instructions, procedures and these terms and conditionsand any other documents we may provide you concerning access and use of FANAKAand Equipment18.3You 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 unauthorizedperson. 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 PIN18.4You shall take all reasonable precautions to detect any unauthorized use of your Equipment, PIN and or FANAKAand immediately notify usto enable usto take steps to protect your FANAKAAccount. You shall immediately inform us through the Customer Carein the event that:18.5.1You 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; or18.5.2You have reason to believe that unauthorized use of FANAKAhas or may have occurred or could occur and a transaction may have been fraudulently input or compromised.18.6Youshallatalltimesfollowthesecurity procedures we notify you from time to time or such other procedures as may be applicable to FANAKAfrom 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 FANAKAare not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized by you.
19.INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in FANAKA(and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that we provide to you are vested inEDOMx. 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 FANAKAApp without ourprior written consent.
20.INDEMNITY
20.1In consideration of us complying with your instructions or Requests in relation the FANAKAAccount, 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.20.2The indemnity in clause 20.1 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.20.3The Indemnity in Clause 20.1 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 FANAKAAccount 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.
21.EXCLUSION OF LIABILITY
21.1We shall not be responsible for any loss suffered by you should FANAKAbe interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within our control including, withoutlimitation, 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.21.2We will not be liable for any losses or damage suffered by you as a result of or in connection with:-21.2.1failure, malfunction, interruption or unavailability of the FANAKASystem, your Equipment, the Network, and/or FANAKA; 21.2.2your failure to give proper or complete instructions relating to any FANAKAtransactions;21.2.3any fraudulent or illegal use of FANAKA, the System and/or your Equipment; or21.2.4Your failure to comply with these Terms and Conditions and any document or informationprovided by us concerning the use of the System and FANAKA.21.3All warranties and obligations implied by law are hereby excludedto the fullest extent permitted by law.
22.VARIATION AND TERMINATION OF RELATIONSHIP
22.1We 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 FANAKA:22.1.1if you use FANAKAor Facility for unauthorized purposes or where we detect any abuse/misuse,breach of content, fraud or attempted fraud relating to your use of FANAKA;22.1.2if your FANAKAAccount or account with the Distributoris terminated for whatever reason;22.1.3if 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;22.1.4if we reasonably suspect or believe thatyou are in breach of these terms and conditions (including non-paymentof any amount due from you where applicable);22.1.5where such a suspension or variation is necessary as a consequence of technical problems or for reasons of your safety or public access fees;22.1.6to facilitate update or upgrade the contents or functionality of FANAKAfrom time to time;22.1.7if we decide to suspend or cease provision of FANAKAfor commercial reasons or for any other reason as we may determine.22.2You may cancel registration for FANAKAat any time through the provided USSD Codeor through the FANAKAApp, or by calling our Customer Care. You may however not cancel registration if you have an outstanding and unpaid FacilityorOverdue Amount.22.3Termination 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.22.4Cancellation or closure of your Distributor Accountshall be subject to the Bank’s terms andconditions.
23.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.
24.DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION
24.1You may contact ourCustomer Care Center to report any disputes, claims or discrepancies related to FANAKA.24.2Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Carerepresentatives 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 Instituteof 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.24.3To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.24.4This Agreement shall be governed by and construed in accordance with the laws of the Republicof Kenya.
25.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.
26.NOTICES
26.1Without prejudice to any other clause in these terms and conditions, all notices concerning FANAKAmay be sent via SMS to the MSISDN associated with your FANAKAAccount or online through the FANAKA App, and shall be deemed received if we do not receive a delivery failure notice.26.2You 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 FANAKAAccount.
27.MISCELLANEOUS
27.1These 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. 27.2This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.27.3We may vary or amend these terms and conditions at anytime and without consultation andsuch 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 pamphletsprovided by us from time to time or by any othermeans as we may determine.27.4No 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.27.5The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.27.6If 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.27.7Any 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.