1. In this Agreement:
1.1 “We”, “our”, “us,” or “the Bank” means KCB Bank Kenya Limited and includes its successors in title and assigns.
1.2 "You", "your" or “yourself” means the Customer and includes your personal representatives and heirs.
1.3 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
1.4 Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
2 This Agreement sets out the General Terms and Conditions(the “General Terms and Conditions”, or “General Terms” or “Terms”) which shall apply to all accounts, products and/or services offered by us to you.
3 Please read these General Terms carefully before you any of our products or services. By agreeing to use any of our products or services, you are deemed to have read, understood and accepted all the conditions set out in these General Terms; and you acknowledge and agree that they form a legal and binding agreement between you and the Bank, as may be amended, modified or supplemented from time to time.
4 These Terms supplement and are to be read together with:
4.1 The Application Form and Terms and Conditions or Terms of Use governing the specific account, product or service offered to you by us alone or by us together with third parties as accepted by you ("Specific Terms"); and
4.2 The Terms and Conditions of any other document, mandate or agreement governing your relationship with us as may be amended, modified or supplemented from time to time (together, the "Additional Terms"); and
4.3 The Data Privacy Statement available at https://ke.kcbgroup.com/data-privacy-statement\ in effect from time to time.
5 The Specific Terms will include our charges and the interest rates, notice periods, minimum or maximum balances and other features for the particular type of account or product or service. We will share these with you when you open your account or apply for a new service, for your acceptance.
6 Where these General Terms are inconsistent with the Specific Terms, the Specific Terms shall prevail. In the event of any further conflict or inconsistency among the following documents, the order of precedence will be: (1) the Additional Terms, (2) the Specific Terms, and (3) the General Terms, to the extent of the
inconsistency.
7 We may revise these Terms from time to time. Any amendment to these Terms shall become effective when posted on our website, www.kcbgroup.com , or the announcement thereof has been displayed or published by us, or we have given you reasonable notice by other means as we deem appropriate in the circumstances. If you do not agree with the amendment, you may choose to discontinue use of our products or services. Otherwise, your continued use of our products or services shall constitute your agreement to be bound by
any such revision.
PART II – DEFINITIONS
8 Definitions
8.1 “Account” or “Bank Account” means your account(s) as held with us to your order, subject to the provisions of the Application Form and/or Specific Terms applicable to the account(s)
8.2 “Application Form” means generally, the form you complete when applying to open an account or to receive any of our product or services, with there being different application forms applicable for different products or services offered by us;
8.3 “Authorised Signatory” means any person appointed by you in accordance with our requirements, to give Instructions in relation to such matters as regarding your Account and its operation as you have specified to us;
8.4 “Card” means such card as shall be issued to you by the Bank to enable you access the funds in your Account under the;
8.5 “Event of Default” means an event, that we have agreed in a separate document, such as Specific or Additional Terms, the occurrence of which prevents us from performing all or some of our obligations under these Terms;
8.6 “Force Majeure Event” means any event due to any cause beyond the control of the relevant party, including but not limited to restrictions on convertibility or transferability, requisitions, involuntary transfers, unavailability of any system, sabotage, fire, flood, explosion, acts of God, economic sanctions, legal requirement, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government or similar institutions, terrorist or any enemy action, adverse weather or atmospheric conditions;
8.7 “Instructions” means your directions or orders to us with respect to the operation of your account;
8.8 “Transaction” means the movement of money into or out of your Account;
8.9 “Security Procedures” means such procedures as shall be advised from time to time by us, designed to authenticate your access to our channels and to verify the origination of communications between us. Depending upon the method of communication you use, the Security Procedures may constitute one or more of the following measures: unique transaction identifier or One Time Password (OTP), digital signatures, encryption algorithms or other codes, multifactor authentication, user entitlements, schedule validation or such other measures as in use for the communications method from time to time.
PART III: COMMUNICATION AND INSTRUCTIONS
9 How We Communicate With Each Other
9.1 You can contact us at the address and telephone number shown on your statement or through our Twenty-Four (24) hour Contact Centre on 0711 087000 or 0732 187000, SMS: 22522 or email: [email protected], unless we specifically give you a different address or telephone number to use for a particular service.
9.1.1 We may record or monitor telephone calls between us so that we can check instructions and make sure that we are meeting our service standards. Our records in this respect are conclusive.
9.2 We may contact you in person or by post, telephone, mobile telephone, through our mobile application if you are registered to access our products through the same, or by computer (which in this agreement includes any form of electronic communication, including communication over the internet), using the latest address or telephone number you have given us. Where suitable arrangements have been put in place, we may communicate with you by electronic mail (e-mail). You agree to tell us of any changes or additions to these details.
9.3 All notices, statements, letters and other communications from us will be sent to your last known address, and the date on our copy of any such communication shall be taken to be the date of such dispatch in the absence of proof to the contrary.
9.4 Any written communication from us to you including but not limited to any notice given pursuant to these Terms shall be deemed to have been received by you:
9.4.1 If delivered, at the date and time of delivery;
9.4.2 if sent by post, five business days after posting if sent to a Kenyan address and seven business days after posting if sent to an address outside Kenya (in proving such dispatch by post it shall be sufficient to prove that the letter containing the communication was properly stamped and addressed and put into the Post Office/Courier).
9.4.3 If sent by SWIFT, when the acknowledged SWIFT message is received; and
9.4.4 If sent by e-mail, short message service (SMS) or facsimile (fax), on completion of the transmission.
9.5 We shall not accept liability for damage resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication whether to or from you, ourselves or any third party, by delivery, post, telegraph, telephone, e-mail, SMS or any other
means of communication.
9.6 The contact address you specified in the Application Form completed to open your Account with us shall be deemed by us to be your contact address and all communication addressed to you shall be sent to the said address unless you have notified us in writing of a change to this address, and completed any documentation that may be required documentation enable its use.
10 Giving us Instructions
10.1 You can only give us instructions in person or, where suitable arrangements have been put in place, by telephone, mobile telephone, email, or otherwise through the internet (Electronic Instructions), or by post, unless we advise you that instructions may be given in a different way for a particular account or service.
10.2 Before you give us any Electronic Instructions, we will agree on the necessary Security Procedures for authenticating such instructions.
10.3 You are responsible for:
10.3.1 the clarity, accuracy and completeness of all Instructions;
10.3.2 ensuring that all instructions are given in the manner specified by us and complying with all applicable laws.
10.3.3 ensuring that your Account has sufficient funds as may be necessary for the Bank to comply with your instructions and deduct any applicable commission and charges;
10.3.4 only using the same signature for all Accounts, Cards or Services where applicable;
10.3.5 ensuring that the instructions are not varied or cancelled after they have been received or processed by us;
10.3.6 giving us all documents and information and help we may need (whether for us to comply with our obligations under all applicable laws, to act on your instructions, for the operation of the Account, Card or the Service or otherwise); and
10.3.7 all instructions effected through our electronic channels (internet, mobile, mobile application, USSD) or the use of your Password.
10.4 The Bank in its own discretion may disregard any instructions, refuse to provide or allow you to use or access any Service if:
10.4.1 The Instructions are not clear, inconsistent, incomplete, incorrect, misleading, or if the Bank reasonably believes or suspects that the instruction is unauthorized, fraudulent or forged.10.4.2 The Instructions have not been given in accordance with these Terms.10.4.3 You do not have sufficient funds and the instruction would result in an Account being overdrawn or the Account balance to fall below the Account minimum balance or exceeding the daily transfer limit or category limit on the Account or the Transaction limit for any Account, or Service being exceeded;
10.4.4 Circumstances beyond our control prevent your instructions from being carried out;
10.4.5 You have not provided us with all documents, verification and information we require;
10.4.6 It is unreasonable and impractical to do so;
10.4.7 Yours or your Authorized Signatory’s identity cannot be verified to the Bank’s satisfaction;
10.4.8 The Bank believes that in carrying out the Instructions, a law, regulation, code or other duty or obligation which the Bank is required to comply with may be breached;
10.4.9 You have not given us Instructions in writing, where required; or
10.4.10 Where an Event of Default has occurred or is continuing.
10.5 If you wish to cancel your instructions:
10.5.1 You must notify the Bank as soon as you are aware that a Transaction may have been incorrectly executed.
10.5.2 The Bank will try to stop a Transaction when instructed but we will not be responsible for any loss you incur if we cannot do so.
10.5.3 Where a Transaction has already been effected, the Bank may, subject to certain conditions and depending on whether any other third party is involved in which case the Bank may already be irrevocably bound to process such Instructions, decline to cancel such Instructions. You acknowledge and hereby indemnify the Bank from any liability if it does not or is unable to stop or prevent execution of the initial Instruction.
10.5.4 If the Bank is able to cancel your instruction you will be responsible for any and all costs, losses
and other expenses related to such cancellation.
10.6 The Bank may refuse to make a payment if you do not have sufficient funds in your Account. In deciding whether you have sufficient funds, the Bank will take account of any instructions to make payments and regular payments which have not yet been paid from your Account. The Bank will not be obliged to take account of regular credits, or any amounts received after it has decided not to make the payment.
10.7 Electronic Instructions:
10.7.1 We may act on your Electronic Instructions from time to time. You hereby confirm your full knowledge and voluntary acceptance of any and all risks associated with such instructions. These provisions on Electronic Instructions shall apply equally to any Instructions issued by you to us as far as reasonably applicable.
10.7.2 We shall take all reasonable measures to check or verify authenticity or accuracy of such Electronic Instructions purporting to have been sent by you.
10.7.3 We shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that instructions may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any instructions on which we may act if we have, in good faith, acted in the belief that such instructions have been sent by you.
10.7.4 We may, in our absolute discretion, decline to act on or in accordance with the whole or any part of an instruction pending further enquiry or your further confirmation (whether written or otherwise). We shall, however, not be under any obligation to decline to act in any case, and shall in no event or circumstance be liable for not so declining.
10.7.5 You confirm that you shall release from and indemnify us against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to our acting in accordance with the whole or any part of any of your instructions or having exercised (or failed to exercise) the discretion conferred upon us.
10.7.6 You acknowledge that, to the full extent permitted by law, we shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your password, ID or any means whether or not occasioned by your negligence.
10.7.7 If we receive several instructions at approximately the same time the total amount of which exceeds the available assets of or the credit granted to you, we may honour the orders on a first come first served basis.
10.7.8 You must do all that you reasonably can to make sure that the security procedures, codes and Personal Identification Numbers (PINs) are kept secret at all times. In the case of mobile Banking, you must change your PIN on first use.
10.7.9 You must tell us as soon as you can if any card issued to you is lost or stolen, or if you think someone else may know the security procedures, codes or PINs. Until you tell us, you will be responsible for all instructions that we receive and act on even if the instruction may not have been given by you. Unless we can show that you have been fraudulent, grossly negligent or have broken the provisions of these Terms and Conditions, we will credit your account with any payments we make after you tell us. We will have no further liability to you. We can ask you for
all the information you have about the misuse of security procedures, codes and PINs, which we may pass on to the police if we think that it will be useful.
10.8 We will act on instructions given:
10.8.1 on a document bearing your original signature(s); or
10.8.2 by telephone, mobile telephone or computer whether or not they were given by you as long as we have followed the Security Procedures.
10.9 You must provide us with a specimen of your original signature (s), in a form acceptable to us. We will also require the specimen signatures of each Authorised Signatory. We may require a fresh specimen signature in the event of any changes to the name of your account.
10.10 If you give us an instruction by telephone, mobile telephone or computer we may ask you to confirm it using our Security Procedures.
10.11 We can refuse to act on any Instruction if:
10.11.1 the instruction is not clear; or
10.11.2 we believe that by carrying out the instruction we might break a law, regulation, code or other duty which applies to us.
10.11.3 carrying out the instruction would result in there being an unapproved overdraft on your Account, or any overdraft limit greater than that agreed or sanctioned by us.
10.12 We may ask you to give us written confirmation and co-operation if we have received instructions on your account which were not given by you.
10.13 We may ask you to provide us with any information or document necessary for us to maintain your account in compliance with our ‘know-your-customer’ (KYC) obligations currently in force or as may be varied from time to time. We may decline to act on your Instructions or suspend operations on your account if you do not provide us with such information or if your account is not compliant with our ‘know-your-customer’ requirements.
10.14 In the event that you hold the account jointly with others the liability of the account holders shall be joint and several. You also hereby authorize us to pay or deliver to or to the order of the survivors or survivor or the executors or administrators of the estate of such survivor any monies standing to the credit of your joint account.
10.15 If the Bank receives notice that you have become mentally incapacitated, bankrupt and/ or insolvent the Bank will treat this as notice of cancellation of the authority set out above. This means that the Bank may at its absolute discretion freeze or suspend your Account and the Services without being liable to you until either a legal guardian or a court appointed administrator (as the case may be), is appointed to act for you.
10.16 The Bank is authorized to effect such orders in respect of your Bank Account as may be required by any court order or competent authority or agency under the applicable laws.
11 Credits to your account
11.1 Funds shall be available on demand subject to the following limitations:
11.1.1 Withdrawal limits at the applicable channel such as branch teller, automated teller machine, transaction limits on mobile or electronic banking;
11.1.2 Insufficiency of funds in your account;
11.1.3 Cheque deposits that have not been cleared; and
11.1.4 We have no duty to effect unauthorised transactions.
11.2 If we receive instructions and credits for an account during the opening times on any business day, we will process them all on that day or on the date specified in your instructions. Instructions and credits received after the opening times for a business day will be processed on the next business day. Even though branches may open on the weekend, these days are considered non-business days and instructions received on the weekend will be processed on the next business day. Branch opening times vary and are displayed in each branch and on our website at https://ke.kcbgroup.com/ways-ofbanking/branches .
11.3 Your statement balance will show credits when your branch receives them even if they include cheques which are not “cleared”. To calculate interest, we generally treat cheques as cleared when we receive value for them from the relevant bank through the banking system. However, the bank can still return the cheque unpaid, e.g. for lack of funds. If it does so, we will debit your account with the amount of the cheque.
11.4 You may make deposits into your account through selected Automated Teller Machines (ATM’s) which we shall notify you of through public notices in our branches or by other means that we may deem suitable. We shall advise you of the processes and limitations of using this channel of making deposits through brochures and notices placed at the selected ATM sites and electronic messages displayed on the ATM. However, we shall not be liable to you for any loss or damage that you may suffer as a result of your failure to strictly follow the processes set out in the said brochures, notices and electronic messages or as a result of any delays or errors resulting from any system malfunction outside our control.
12 Interest and charges
12.1 We have the discretion to charge fees as we may deem fit from time to time and may at our sole discretion, subject to approval by our Regulator, revise the fees for use of any or all of our Products and Services.
12.2 Our fees shall be published from time to time on our Tariff Guide which is available in all branches of the Bank as well as on our website at https://ke.kcbgroup.com/our-tariff . Any Transactions conducted post such notification shall imply your acknowledgement and acceptance of the fees posted on the website
12.3 You shall pay to the Bank and the Bank is entitled to deduct from your Bank account (without further reference to you):
12.3.1 Unless otherwise agreed in writing, interest on overdrawn accounts, loan accounts or any other facility granted, at any rate or rates as we may determine from time to time, but not exceeding the maximum allowed by law, which rate or rates may be different for different accounts. Such interest will be calculated on daily balances and debited monthly. We will notify you within reasonable time prior to effecting any change(s) as regards interest rates. Where a higher rate of interest has been agreed, we may charge such higher rate on any of your accounts. Such interest is payable notwithstanding the determination of your relationship with us and until you repay the full amount you owe us in full.
12.3.2 Any transaction fees or commissions payable in respect of the use of any of the Bank’s products or services;
12.3.3 Any legal charges including advocate costs incurred by the Bank in obtaining legal advice in connection with your Account and your dealings with the Bank or incurred by the Bank in any legal, arbitration or other proceedings arising out of any dealings in respect of your Account; and
12.3.4 All other proper fees, charges, expenses including but not limited to ledger fees, disbursements for cheque books, postage, cables, telephone calls, duties, impositions, and all other expenses incurred in complying with your Instructions. We may also debit your account with expenses incurred:
12.3.4.1 In complying with your requests;
12.3.4.2 In complying with the requests of authorised and accredited Government or related agencies in relation to your account;
12.3.4.3 In maintaining your account;
12.3.4.4 In collecting or attempting to collect any amount of money you owed to us;
12.3.4.5 Expenses incurred in realising any security or protecting the subject matter of any securities issued to us; or
12.3.4.6 Such penalties as are provided in these Terms at any rate or rates as we may determine from time to time. The penalties will be calculated on daily balances and debited monthly. Penalties shall be due and payable notwithstanding the determination of our relationship as Banker and customer, until settlement in full.
12.4 We will provide you with a detailed breakdown of the costs, charges and expenses applied to your account, in your account statements.
12.5 We pay interest on accounts that qualify for interest, or if applicable, charge interest and fees in
arrears, by crediting or debiting your account.
13 Taxes
13.1 All payments to be made by you are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay us an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.
13.2 Amounts in your account may be subject to withholding tax in accordance with applicable law.
13.3 You consent and agree that we may withhold amounts in any account at any time, if any tax authority requires us to do so, or we are otherwise required by law or pursuant to agreements with any tax authority to do so, or if we need to comply with internal policies or with any applicable order or sanction of a tax authority
13.4 We will deduct tax on interest before we pay it to you unless we can pay interest without deducting tax in compliance with all applicable laws.
14 Account Statements and transaction Alerts
14.1 Accounting Period
Accounts are made up at our sole discretion at the end of each monthly, quarterly, half-yearly or yearly period excluding Deposit and Loan Accounts which we will periodically be making the statements available.
14.2 Account Statements
14.2.1 We will provide you with statements of your account at such intervals as we shall agree with you at the time of opening your account or after the opening of your account. You will be entitled to one free statement at a reasonable interval and in the absence of any agreement, we shall provide you with statements at least once a year.
14.2.2 Your statement will show all amounts added or taken from your account since the previous statement. You must check your statement carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.
14.2.3 You will be deemed to have approved and accepted the correctness of the statement if you do not object to it within twenty-eight (28) days from its date, and in particular you confirm that you will not challenge the contents of the statements on any grounds whatsoever, including but limited to lack of mandate, forged or inadequate signature of endorsement of cheques, forged alteration thereof or otherwise after the Twenty-Eight (28) days.
14.2.4 We will correct any entries that may have been made to your account in error, have a discrepancy or require alteration as soon as possible after you tell us about them or when we notice them, without prior notice to you. If we correct any entries without prior notice to you, we will inform you of the same within a reasonable time of the change.
14.2.5 We may put messages on your statement to tell you about changes to this agreement.
14.2.6 We will give you the option of whether to receive your statements in paper form or in electronic form. If you choose to receive statements in electronic form, you will be required to adhere to the Security Procedures we put in place to protect the confidentiality of your statements.
14.3 Alerts
We will give you an option to subscribe to our transaction alert service (SMS Alert Service) where you will receive notification on your mobile telephone of any transaction on your account. We may levy a charge for the service, which we shall advise you of at the time of your subscription, and from time to time during our relationship.
15 Amounts Owed to Us
You consent to our taking the following actions with respect to any amounts you may owe to us during our relationship.
15.1 Erroneous Credits
15.1.1 We may, without prior notice, debit any amount(s) credited to your account in error and/or reverse any entry made to your Account in error. We will however not be liable for the consequences of such debits and/or reversals and any amount(s) credited to your Account in error and used by you must be repaid together with all interest accrued thereon within twenty-four (24) hours of demand being made by us.
15.2 Overdrawn Accounts
15.2.1 You confirm that it is your responsibility to ensure that your account is not overdrawn, and you understand that you shall not be entitled to overdraw on your account, unless the account is a current or transactional account and arrangements for an overdraft have been made beforehand with us.
15.2.2 In the event the account does become overdrawn, we may send you a letter of demand for payment of the overdrawn amount, costs and any outstanding bank fees and charges including interest at any rate or rates as we may determine from time to time but not exceeding the maximum allowed by law. Such interest will be calculated on daily balances and debited to your account on monthly basis.
15.2.3 If you do not pay the amount so demanded under this clause, you will be in breach of this agreement and legal action shall follow, the cost of which shall be debited to any of your accounts with us.
15.3 Set-Off
15.3.1 We may, upon notice, combine/consolidate any of your accounts with us, whether current, loan, savings, term deposit or any other type and set off against any of your other accounts or indebtedness to us.
15.3.2 We may, upon notice, set off an account against any other account or indebtedness in respect of which you are liable, notwithstanding that some other person may also be liable in respect thereof. In such circumstances, upon receipt of an indemnity acceptance to the Bank (against costs) and at your expense, we will give you any assistance necessary in obtaining a refund.
15.3.3 If the set – off is for debt recovery, we will provide you with a detailed breakdown of the costs and expenses
recovered.
15.4 Lien
15.4.1 Without prejudice to the above, in the event that you owe us money, we shall have a general lien over all your property/assets in our possession, including but not limited to cash, goods, securities or valuables deposited for safe custody as security, cheques presented for repayment, bills and any other property movable or immovable charged to secure repayment of any money whether or not that money has been repaid and also over all property which by
the general law we have a lien. If you are indebted to us in circumstances giving us a right of set off, all securities as set out in this clause will be held as security for the debt.
15.4.2 If you fail to pay any accrued debt in full within a period of 14 days from the date of your receipt of a notice/demand for payment from us, or within such time as may be otherwise specified in the demand from us, we may without further notice realise your property/assets to discharge the debt. Any part payment made will be accepted strictly on account and without prejudice to our rights.
15.4.3 If the debt is not discharged within the time allowed, we may realise sufficient of your assets to discharge the debt. You hereby constitute us as your attorney for purposes of any transaction as may be necessary to facilitate realisation of the security and discharge of the debt.
15.4.4 Funds in foreign currency which are subject to our lien may be set off against debts or realized at the rate of exchange prevailing at the date of the set off or realisation. We will accept no liability for loss and damage caused by exchange fluctuations.
16 Payments abroad
16.1 You may give us instructions to make a payment from a specified account to a beneficiary in another country.
16.2 We will use our sole discretion when deciding the method by which your instructions will be transmitted. We will use as a paying bank either the paying bank nominated by you or any bank of our or another bank’s choice in the country whose national currency is being remitted and/or the country where the beneficiary resides.
17 Our liability to you
17.1 We will, in good faith and applying reasonable care and in accordance with our regulatory requirements and generally acceptable Banking standards, make our best effort to ensure the security of, and prevent unauthorised access to, our banking systems; and ensure provision of adequate accounts, products and services to you.
17.2 Limitation of Liability
17.2.1 Neither of us will be responsible for any failure to perform any of our obligations under these terms and any Specific or Additional Terms (including, with respect to the Bank, a request for payment or transfer from an Account) if such performance would result in a breach by either of us or our related branches, affiliates, or our systems, of any legal requirement or if its performance is prevented, hindered or delayed by a Force Majeure Event. In such case the obligations will be suspended for so long as the Force Majeure Event continues (and, in the case of the Bank, no other branch or affiliate shall become liable).
17.2.2 Neither the Bank nor any of its related branches or affiliates will be responsible for any action taken to comply with economic sanctions or legal requirements(and no other branch or affiliate shall become liable).
17.2.3 We will not be liable for any losses or damage suffered by you as a result of or in connection with:
17.2.3.1 Failure, malfunction, interruption or unavailability of any device used to access our Mobile or internet Banking platforms, and, to the extent beyond the reasonable control of the Bank, failure, malfunction, interruption or unavailability of any of our systems.
17.2.3.2 Any Bank system not functioning properly at the time you attempted you initiate the transaction, and it was evident to you at the time you began the transaction.
17.2.3.3 Failure of any other telecommunication system or data transmission data system other than our system, beyond our reasonable control.
17.2.3.4 Transactions made from your account by unauthorised third parties who pass all the identity and verification checks.
17.2.3.5 Transactions made by input of incorrect amounts by you.
17.2.3.6 Disclosure of account information to third parties, non-delivery, delayed delivery, mishandling of or inaccurate content in information sent through an Alert.
17.2.3.7 Unauthorized access to the service due to loss of your mobile device.
17.2.3.8 The quality of service of your mobile service provider when used to access our mobile application
17.2.3.9 Any fraudulent or illegal use of any of our Products or Services or systems used to access the same by you;
17.2.3.10 Any circumstance whatsoever not within the Bank’s control including, without limitation, force majeure, terrorist or any enemy action and adverse weather or atmospheric conditions; or
17.2.3.11 Your failure to comply with these Terms any document or information provided by the Bank concerning your access to or conduct of your Account(s) with us.
17.2.4 Under no circumstances shall we be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of 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 the Bank.
17.2.5 If for any reason other than a reason mentioned in these Terms our products or services are interfered with or unavailable, the Bank’s sole liability under this Agreement in respect thereof shall be to re-establish the product or services as soon as reasonably practical.
17.2.6 All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
17.2.7 We will not be liable under any circumstances for any losses which are not direct or which we could not reasonably have foreseen.
17.2.8 If we suffer any losses, costs or other expenses as a result of any breach of this agreement by you, then you will be liable for these costs.
18 Indemnity
18.1 In consideration of our Bank complying with your Instructions, you undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee or claim which we suffer or incur or sustain thereby and you absolve us from all liability for loss or damage which you may sustain from the Bank acting on your instructions or requests or in accordance with these Terms.
18.2 The indemnity in aforementioned shall also cover the following:18.2.1 All demands, claims, actions, losses and damages of whatever nature which may be brought against the Bank or which it may suffer or incur arising from its acting or not acting on any Instruction or arising from the malfunction or failure or unavailability of any hardware, software, or application; 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 Bank’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 Instruction received by the Bank.
18.2.2 Any loss or damage that may arise from your use, misuse, abuse, or possession of any thirdparty software, including without limitation, any operating system, browser software or any other software packages or programs.
18.2.3 Any unauthorized access to your Mobile Application 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 Mobile Device.
18.2.4 Any loss or damage occasioned by the failure by you to adhere to these Terms of Use 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 the Bank as a consequence of any breach
by these Terms of Use.
18.2.5 Any damages and costs payable to the Bank in respect of any claims against the Bank for recompense for loss where the particular circumstance is within your control.
18.3 Any claim brought against the Bank by a third party resulting from your breach of these Terms
19 Inoperative and Dormant Accounts
19.1 Your account will automatically be classified as Inactive if you do not initiate any transactions on the account for a continuous period of 12 months. We shall make reasonable endeavours to inform you of the intended classification of the account as inactive at least one (1) month before such classification.
19.2 Your account will be re-classified as Dormant if it remains inactive for a further period of 12 months, in which case the account balances shall be transferred from the account to a central account for security reasons.
19.3 You will not be allowed to transact on an Inactive or Dormant account but we shall, upon your written (e.g. letter/email) request, inform you of the procedure to be followed to activate your Inactive/Dormant account).
19.4 We may (including without limitation) apply any one or more of the following conditions to an Account upon its classification as Dormant:
19.4.1 confirm the validity and authenticity of the first transaction reactivating the Account;
19.4.2 suspend the payment of interest (if applicable);
19.4.3 suspend the issuance of Account Statements; and
19.4.4 charge a maintenance fee as we may determine from time to time.
19.5 Accounts that will not have any transactions initiated by you and in respect of which you shall not have communicated with us for a continuous period of five (5) years will be presumed abandoned and transferred to the Unclaimed Financial Assets Authority as such.
20 Freezing of Accounts
20.1 We may at any time freeze your account(s) if and so long as there is any dispute or we have doubt for any reason as to the person(s) entitled to operate the same. In this regard, we shall have no obligation to institute interpleader proceedings or to take any step of our own initiative for the determination of such dispute or doubt.
21 Closing your Account
21.1 You can close your Account by telling us in writing. In the case of joint accounts, all account holders
must sign the Instruction to close the Account.
21.2 We can end our banking relationship with you by telling you in writing. We will give you at least 30 days’ notice, unless you are in material breach of this agreement, in which case we may end our banking relationship and close your account without notice and with immediate effect.
21.3 Any benefit or services we provide in relation to particular accounts will end as soon as your account is closed.
21.4 Without prejudice to the Bank rights above, the Bank may at its sole discretion suspend or close your Account:
21.4.1 If the Bank has reason to believe that the Account is being used for unauthorized purposes or where the Bank detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of our Services.
21.4.2 if you have materially or persistently breached these Terms, or if the Bank reasonably suspects or believes that you are in breach of these Terms.
21.4.3 If the Bank is required to comply with an order or instruction of or a recommendation from the government, court, regulator, or other competent authority.
21.4.4 If you are, or we reasonably suspect you may be using or obtaining or allowing someone lese to use or obtain and account, service or money illegally or fraudulently
21.4.5 If your behaviour is improper, threatening or violent towards any of our staff members;
21.4.6 You have provided us with false information;
21.4.7 If you are involved, or we reasonably believe that you are involved in criminal activity of any kind whether or not linked to your account or your relationship with us.
21.4.8 If you have not satisfied any anti-money laundering requirement;
21.4.9 If we reasonably consider that you have placed us in a position where we might break a law, regulation, code, requirement or obligation or we may be exposed to action or censure from any government, regulator or law enforcement agency,
21.4.10 Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety.
21.4.11 To facilitate update or upgrade the contents or functionality of the Services from time to time.
21.4.12 Where you remain inactive for any period of time determined by the Bank in its reasonable discretion.
21.4.13 If the Bank 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.
21.4.14 Where upon request by the Bank you fail to provide further information pertaining to your account or information provided is false or misleading.
21.4.14.1 If the mobile phone number used to register for your Account is no longer subscribed to a Mobile Network; or
21.4.14.2 If you commit any material breach of any of the provisions of this Terms of Use and if capable of remedy, you fail to remedy the breach within the period notified by the Bank.
21.5 We may close an Account or withdraw a service without prejudice to the continuance of any other Account and or service which shall continue to be governed by these Terms, provided that not less than Fourteen (14) days prior notice shall be given to you. In particular but without prejudice to the generality of the foregoing, we may cancel credits which we have granted and require the repayment of outstanding debts resulting therefrom within such time as we may determine. Our decision in this connection shall be final and binding on you and we reserve the right to protect any account if we are compelled by law or by the order of any authority or if we have reasons to believe that the account is being used for unlawful or fraudulent activities.
21.6 You may close your KCB Account at any time at any Branch of the Bank upon payments of all outstanding amounts owed to the Bank. Any fees that may be outstanding at the time of such termination will remain payable and we reserve the right to debit such fees from your Bank account.
21.7 If the Bank receives notice of your demise, the Bank will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of confirmed Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.
21.8 If one account holder on a joint account is proven as deceased, the survivor(s) may withdraw any account balance.
21.9 Termination shall however not affect any accrued rights and liabilities of either party. We shall therefore continue to process any properly initiated instructions and/or payments which we receive before the date of termination. Termination shall only be effective as to prospective Transactions only and shall not alter any of the rights or liabilities of the Bank or the Customer as to any Transactions and/or payment obligations incurred prior to the date of termination
21.10 On closure of your account you will return any plastic cards we have given you, any unused cheques and any computer banking software we have provided. You must repay any money you owe us, including, where applicable, the amount of any cheques, card transactions or any other payment instructions you have made, which have not been taken out of your account.
22 Customer Support and Complaints
22.1 Requests for support and submission of any complaints may be made in person, in writing, by post, fax, email or by telephone. For purpose of reporting a complaint, the following may be used:
SMS number 5222 and
WhatsApp number 0711 087087.
Telephone: +254 711 087000, +254 732 187000, +254 20 2287000.
Email: [email protected]
22.2 You should bring your complaint to our attention with the contact information provided and we will aim to deal with any complaints promptly and fairly. A copy of our complaint’s procedure is available on request from any branch or our Contact Centre.
22.3 The Bank will take all measures within its means to resolve your complaints within a reasonable time. All complaints will be handled in accordance with the Bank’s complaints handling procedures, which are available on request from any Bank Branch or the Customer Care Centre. Where a notification regarding your complaint or any other matter is expected from the Bank but not received, you may make a further complaint within a reasonable time after non-receipt of such notification.
22.4 Applicable tariffs will be charged by your telephone and internet service provider(s) when communicating with the Contact Centre.
23 Privacy Policy
23.1 Collection of information
We collect certain Personal Information for compliance with our legal and contractual obligations to you or to take steps to enter into an agreement with you without which we are legally obligated to deny you the service. Apart from the legal obligation mentioned above, we also need to collect your Personal Information for quality service delivery. Please note that although this is voluntary, without such information we may not be able to provide quality service.
23.2 Privacy
We are committed to respecting and protecting the privacy of the information we collect from you. Our privacy statement, as updated from time to time, explains how we treat your Personal Information, who we share your information with, and measures taken protect your privacy when you use our Service. This can be found on the KCB Privacy Statement on our website.
23.3 Data Protection
23.3.1 The Bank acknowledges the importance of the protection and privacy of all information provided and warrants in dealing with data collected from you shall at all times strictly comply with Data Protection Legislations including the Kenya Data Protection Act 2019.
23.3.2 The Bank shall collect your personal information with your knowledge and consent with exception to cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
23.3.3 KCB is committed to respecting and protecting the privacy of Personal Data. KCB Group Plc Data Privacy Statement (“the Privacy Notice”), as updated from time to time, explains how KCB treats Personal Data, who we share Personal Data with, and measures taken to protect Personal Data.
23.3.4 By registering to use the Application, you agree to have read and accept the terms of the Privacy Statement available at www.kcbgroup.com and the consent and authorize KCB, to collect, use, store, disclose, process and transfer your Personal Data between the Bank and affiliates for the purpose of effecting/implementing and administering the Service provided and obtained on the Platform in accordance with the Privacy Notice.
23.3.5 The Bank may hold and process, by computer or otherwise, any information obtained about You as a consequence of registration and use of the Application.
23.3.6 You agree that the Bank may disclose any information relevant to You on terms that such recipient is to treat in confidence any personal information so disclosed to it and further agree that the Bank may disclose Personal Data relating to You to any relevant party outside the Bank whether such Personal Data is obtained after You cease to be KCB’s Customer or during the continuance of KCB-Customer relationship or before such relationship was in contemplation:
23.3.6.1 To any person or organization providing electronic or other services to us, for the purpose of providing, updating, maintaining, and upgrading the services (including any investigation of discrepancies, errors or claims).
23.3.6.2 To any person or organization engaged for the purpose of performance of services or operational functions where these have been outsourced.
23.3.6.3 For fraud prevention purposes.
23.3.6.4 To debt collection agencies, credit reference agents or any other financial institution, only for credit information on you and you agree that such information may be used by other financial institutions in assessing credit applications and for debt tracing.
23.3.6.5 To the Bank’s lawyers, valuers, surveyors, research agencies, insurers, auditors, software developers, professional advisors, sub-contractors or any persons acting as agents of KCB, to the extent that they comply with its contractual obligations.
23.3.6.6 To any person who may assume KCB’s rights within the confines of the law.
23.3.6.7 To credit card companies and financial institutions in connection with credit card enquiries or use of the ATM card.
23.3.6.8 Providing income tax-related information to tax authorities.
23.3.6.9 To any regulatory, fiscal or supervisory authority, any local or international law enforcement agencies, governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities and law enforcement agencies where demand for any Personal Data and/or information is within the law.
23.3.6.10 To any person who stands as guarantor or surety for your Liability or is jointly or jointly and severally liable with you.
23.3.6.11 To any receiver appointed by us.
23.3.6.12 To any rating agency, business alliance partner, insurance company, insurer, insurance broker or direct or indirect provider of credit protection.
23.3.6.13 To any, court or other judicial bodies in any judicial proceeding, tribunal, statutory body, or authority (including any tax authorities in any jurisdiction), whether governmental or quasi-governmental.
23.3.6.14 To any person whom KCB are required to disclose to under the laws, regulations, guidelines, directives or by any lawful authority, of any country.
23.3.6.15 For purposes of exercising any power, remedy, right, authority or discretion relevant to these terms following the occurrence of an Event of Default, to any other person or third party as well.
23.3.6.16 Where KCB has a public duty to disclose.
23.3.6.17 In accordance with KCB’s Privacy Policy.
23.4 You acknowledge that KCB may retain Personal Data for a period of up to seven (7) years or as may be required by law or regulation.
23.5 You acknowledge that from time-to-time KCB may need to transfer Personal Data outside the country where you are located, to facilitate a service or to a third-party domiciled outside Kenya for performance of a contractual obligation.
23.6 You acknowledge and agrees that you understand rights as data subject and may make a written request to access your Personal Data in custody of the Bank in a portable format, correct or delete false or misleading information, restrict or object to the processing of all or part of their Personal Data and withdraw consent at any time.
23.7 Some of KCB decisions are automated, based on information KCB hold about you. If you would like KCB to review a decision made about you (whether or not automated), you are required to inform KCB within 21 days of being notified of the decision.
23.8 You can contact KCB at any time in relation to the use, access, rectification, restriction of your Personal Data through any of the available Contact Centre channels which include telephone 0711 087000 or 0732 187000, SMS: 22522 or by writing an email to: [email protected]
23.9 You may withdraw your consent to receive electronic communications through our Contact Centre. Once consent is withdrawn, no further access to our products or services will be allowed, and any pending loan application shall be considered cancelled. The withdrawal of your consent will not affect the legal validity and enforceability of existing loans, or any electronic communications provided or business transacted prior to the withdrawal of your consent.
24 Waiver
No failure or delay by us in enforcing or requiring compliance by you with any provisions in these conditions will impair or operate as a waiver of any of our rights or any such provisions nor will it constitute a novation
hereof.
25 Changing these Terms of Use
25.1 We may change the terms of this agreement (including our charges) at any time by telling you about the changes in accordance with the applicable laws and regulations.
25.2 We may at any time suspend the operation of any banking service but we will promptly give you notice if we do so. We may vary the times at which any banking service is available and add to, vary or withdraw any features of any banking service. We will give you reasonable notice of any changes. We will use our reasonable endeavours, consistent with good banking practice, to ensure that if the change is material the notice period we give you is sufficient to ensure that you have an opportunity to withdraw from the service before the change takes place. Unless we tell you otherwise, notice will be given in writing or by publication in the national press or through posters and fliers in our branches or publication in the relevant sections of our mobile and internet banking applications.
25.3 Upon reasonable notice, we may give you a new account number and/or transfer your account to another branch if we close or combine branches.
26 Dispute Resolution, Jurisdiction and Arbitration
26.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya
26.2 You may contact the Contact Centre to report any disputes, claims or discrepancies regarding any of our products or services or any experience you have with us.
26.3 Any dispute arising out of or in connection with these Terms that are not resolved by our Contact Centre representatives, shall, if not settled by negotiation, be subject to mediation before an independent mediator, whose selection we shall agree on.
26.4 Nothing in this paragraph shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking or proceedings at one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not. KCB Bank Kenya Limited is Regulated by the Central Bank of Kenya
