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Terms of Use
Terms of Use
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Terms of Use

Money254
Money254 Team
March 31, 2021

Summary

Below is a Summary of some key Terms for your reference. Please note that this Summary is not binding and is intended for your information before you accept the Terms provided in the website

  • Use of the Website is subject to the Terms set out below and your acceptance of the Terms. You are encouraged to read and understand the Terms before using the Website and if you do not agree with the Terms in whole or part thereof. Please stop using the website and its services immediately.
  • The information provided on the website is purely for your information, and while Money254 strives to keep the information accurate and updated, we cannot guarantee its accuracy and neither does it constitute financial advice or a binding contract with Money254.
  • The information provided on this website is obtained from publicly available information whose sources we may disclose.
  • If you are interested in a product or service whose information is available on the website, you are advised to contact the institution offering that product or service and you will be bound by the terms of that institution.
  • Money254 is not a financial institution, insurance provider or broker or financial advisor and is not liable for any decisions any individual makes based on the information provided on the website.

Terms and conditions

1. Contractual Relationship 

These Terms of use govern your use and access of the Money254.co.ke website for services made available by MAG internet Holdings Limited (hereinafter referred to as Money254) a company duly incorporated under the applicable laws which access is by accessing the website.

YOU ARE REQUIRED TO READ CAREFULLY AND ACCEPT THESE TERMS OF USE BEFORE USING Money254 SERVICES. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THE WEBSITE.

Money254 may modify the terms of service from time to time and such modifications shall be effective immediately upon posting of the modified terms of use on the website. By continuing to access the Website following posting of changes to the Terms of Use, you agree to all such changes. 

You are deemed to agree to be bound by the terms of service and any future modifications posted on the Website by continuing to use or access the website. 

Your acceptance establishes a contractual relationship between you and Money254.

2. Definitions

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Device” means any hardware that you use to access the Money254 products and services and includes your mobile phone handset, SIM Card, computer, internet browser and/or other equipment which when used together enables you to access the Network and/or the System; 

“The Platform” describes the money254.co.ke website in its entirety.

User” means a user, consumer or customer of Money254 and or a beneficiary to Services extended through the website.

We/Us/Our” means all licensees of the Money254 products and services.

3. Our Services

We provide an independent online service that enables you to research, compare and evaluate financial information such as personal and business loans, accounts, credit cards; Investment Vehicles such as mutual funds; mortgages; insurance products and any other products we may avail information on, on the website.

We will make our best effort to ensure that all product information is current and accurate for each of the products. Our current sources of information we provide on the website are publicly available information from the following sources;

  • Central Bank Mandated financial institutions published tariff guide;
  • Information from the financial or insurance institutions’ websites;
  • Information from printed brochures and rate card provided or distributed by the institutions to customers or the public;
  • Other communication with the financial institution or insurance company.

Our services are free for you to use.

4. Your Use of the Services

Our Services are intended to be accessed and used only by adults and are not directed to minors. We do not knowingly collect personal identifiable information from anyone under the age of 18 and you should not provide us with any information regarding any individual under the age of 18.

Our services are for your personal, non-commercial use only and access for any other purposes is strictly prohibited. You are not permitted to;

  • Use the platform for any unlawful, fraudulent or commercial manner;
  • To tamper with, modify, reverse engineer or amend any part of the website or platform or in any way interfere with or disrupt the website’s communications or technical systems;
  • Use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other "screen scraping" software, process, program or system.
  • Collect any information for aggregation purposes.

5. Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. 

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services provided by Money254 and any updates thereto. 

Money254 does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

6. Third Party Services, Hardware and Content

1. Advice from Third Parties. 

Some of the Services involve advice from third parties and third-party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, insurance, medical, or other advice from Money254. You agree that Money254 is not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and financial decisions, and that Money254 is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Money254.

2. Money254 Does Not Endorse Third Parties. 

The Services may contain links to third party websites and services. Money254 provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that Money254 has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.

7. Processing of personal data

Our Services allow you to search for and compare various types of Products from different providers. You may be requested to answer a number of questions on the website in order to compare or obtain an estimated quote for a Product. These questions are designed to ensure that we have all the information necessary to provide you with appropriate and timely information relating to the products in which you are interested.

Our collection and use of personal information in connection with the Services and Products is as provided in our Privacy Policy here:  www.money254.co.ke/post/money254-privacy-policy

Money254 may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, and such information or data is necessary to resolve the complaint, dispute or conflict.

8. Intellectual Property 

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Application or Website are copyrighted by Money254, unless otherwise noted. 

In addition, many proprietary names and marks belonging to Money254 appear throughout the Website. This Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. 

Any unauthorized use of any trademarks, or any other intellectual property belonging to Money254 or any third party is strictly prohibited and will be prosecuted to the fullest extent of the law. 

9. Ownership

The Services and all rights therein are and shall remain Money254 property or the property of its licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted below in clause 9; or (ii) to use or reference in any manner Money254’s company names, logos, product and service names, trademarks or services marks or those of Money254’s licensors.

10. License

Subject to your compliance with these Terms, Money254 grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the website on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Money254 and Money254 licensors.

11. Disclaimers; Limitation of Liability; Indemnity.

1. General Disclaimer

The services are provided “as is” and “as available.” Money254 disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Money254 makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Money254 does not guarantee the quality, suitability, safety or ability of employees. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

12. Limitation of Liability

Money254 shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services.

Money254 shall not be liable for any damages, liability or losses arising out of: 

  • your use of or reliance on the services or your inability to access or use the services; 
  • any transaction or relationship between you and any other user, 
  • If the failure results from a failure of an internet or data service provider;
  • any transaction or relationship with a service provider, financial institution or insurance provider;
  • the product you obtain from a service provider, financial institution or insurance provider not meeting your requirements or not being suitable for you;
  • any errors, acts, omissions or defaults of any third party in connection with their products or services;
  • delay or failure in performance resulting from causes beyond Money254’s reasonable control, from services downtime or any events of Force Majeure. Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for Money254 to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of the Service caused by disruption or suspension of the telecommunication facilities.

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

a) Indemnity

You agree to indemnify and hold Money254 and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities,  damage and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Money254’ use of your User Content; or (iv) your violation of the rights of any third party.

13. Warranties

a) No Guarantee of Accuracy

Money254 does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services. 

While Money254 will strive to keep the information accurate and up to date, we do not guarantee that all the information provided on the website will be as per the information the financial institutions or insurance providers may provide you with.

The financial institutions and insurance companies maintain the ability and right to change their products and/or terms at any time and we advise you to seek clarification and confirmation of applicable rates and terms to your product of interest directly from the provider of that product. 

Money254 shall not be liable for any information provided on the website being different from the information the institution or insurance provider gives you.

b) Money 254 is not a financial institution

Money254 is not a financial institution or insurance provider and the information provided through the services is purely for informational, educational or entertainment purposes. Money254 makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, Money254 recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.

c) Geographical application

The services are intended for use by only by customers or users located within Kenya and we make no warranty or representation that any product or service whose information we provide is available or otherwise appropriate for use outside of Kenya. If you choose to use the website or platform from locations outside Kenya, you do so at your sole risk and you are responsible for compliance with all applicable local laws.

14. Modification of the Services

Money254 reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Money254 will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.

15. Breach of terms

You understand that without prejudice to Money254’s other rights under these Terms, if you breach these Terms, Money254 may take such action it deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software and/or bringing court proceedings against you.

16. Governing law and Dispute Resolution

These Terms of Use are governed by the laws of the Republic of Kenya.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to good faith negotiations between the appointed representatives and initiated through formal notice. 

Where such a dispute is not resolved within 45 days from the date of the notice, the same shall be submitted to Arbitration by a single Arbitrator appointed by mutual agreement of the parties. Where parties do not agree on the Arbitrator, the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Chapter may appoint an Arbitrator upon written request by either party. The Venue of Arbitration shall be proper exclusively in Nairobi County with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Money254. The decision of the Arbitration Tribunal shall be binding. 

Any cause of action or claim with respect to services provided by Money254 must be commenced within one (1) year after the action or claim arises save as otherwise provided by law.

17. Notices and Communication

Money254 may give notice by means of a general notice on the Services by electronic mail to your email address, social media or other means of communication as disclosed by you. You may give notice to Money254 by written communication to Money254's email address at legal@money254.com. Email notices shall be considered to have been received upon being dispatched from the sender’s mailbox provided a return notice is not received.

18. General

You may not assign or transfer these Terms in whole or in part without Money254’s prior written approval. You give your approval to Money254 for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Money254’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Money254 or any Third Party Provider as a result of the contract between you and Money254 or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. 

Money254 reserves the right to (i) modify or discontinue, temporarily or permanently, the Money254 platform; (ii) refuse any and all current and future use of the Money254 platform, suspend or terminate your account (any part thereof) or use of the Money254 platform, for any reason, including if Money254 believes that you have violated the Terms (iii) impose limits on certain Platform features or restrict access to parts or all of the Platform without notice and without liability. Money254 shall not be liable to you or any third party for any modification, suspension or discontinuation of the Money254 platform. Money254 will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the platform.

These Terms  together with the references documents being the Privacy Policy and FAQ constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

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