OFFICIAL RULES / TERMS & CONDITIONS
KoaSave Africa Limited (“Koa” or the “Sponsor”) allows individuals to deposit into their PLSA which makes them eligible to enter Koa draws by being gifted a draw ticket through Koa’s mobile application or whatsapp bot (“Koa App”). The value of a user's deposits coincides with the number of tickets he or she will be gifted to use towards the draws that are carried out on a weekly basis. For each KES 500.00 a user deposits into their PLSA account, they will be gifted with a draw ticket that includes a unique ID. The ticket enables a user to have entry into a 7 number draw.
Each draw consists of 6 numbers and a single koa ball number for a total of 7 numbers. For each ticket, the user will have the opportunity to choose numbers between 1 and 69 for 6 of the number positions which cannot be repeated. The user will then have a choice of selecting between a range of 1 to 69 for the Koa ball specifically, which is the 7th number in the draw per ticket. Numbers for each ticket can be changed as long as it is before the cut-off time each week prior to the draw. Based on the balance kept in your PLSA account, you will be gifted a ticket for every KES 500.00 amount available in that balance. For example, if you have a balance of KES 3,500.00, you will be gifted 7 tickets that will be used towards the weekly draws. If you have a balance of KES 3,499.00 then you will only be gifted 6 tickets for use towards the draws. It is important to note that each week, your tickets will be re-used towards the new week's draws.
Should you increase or decrease your PLSA account balance, tickets will be withdrawn or gifted accordingly for use towards the draws. User’s tickets will also be used for entry into a second weekly draw from a pool of all users tickets with three (3) guaranteed winners selected each week who will receive KES 2,500.00 each.
The Koa 7-Number Draw (hereby referred as the “Koa Number Draw”) and Koa Raffle Draw is open only to legal residents of Kenya, who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Koa, and its subsidiaries, divisions, aliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Draw are prohibited. In order to enter the Draw or receive a prize, you must fully comply with the BCLB Rules and, by entering, you represent and warrant that you agree to be bound by these BCLB Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Draw. The Draw is governed by these BCLB Rules and is subject to all applicable local laws.
The Koa Number Draw and Koa Raffle draw will officially begin October 24th,2022. The first weekly draw period begins on the official commencement date mentioned above. Each subsequent weekly draw period will commence soon after the prior week's draw has concluded. The weekly draw will occur each Friday of the week at 12:00:00 EAT (could change). Any draws delayed or postponed for any reason whatsoever and draws falling on public holidays will be conducted on the next business day or the next draw date (as agreed between Koa and BCLB) in which case all outstanding draws will be run consecutively.Winning numbers for the Koa Number Draw will be posted soon after and communicated via the app or Whatsapp Bot which is accessible to all users in order to see if they have winning tickets and the results. Winners of the Koa Raffle Draw will also be mentioned each week on Friday at midnight and will be mentioned on the Koa App or Whatsapp Bot for all PLSA users and contestants to view.
4. How to Get a Ticket
For each KES 500.00 a user deposits into their PLSA account, they will be gifted with a draw ticket that includes a unique ID. The ticket enables a user to have entry into a 7 number draw. Each draw consists of 6 numbers and a single koa ball number for a total of 7 numbers. For each ticket, the user will have the opportunity to choose numbers between 1 and 69 for 6 of the number positions which cannot be repeated. The user will then have a choice of selecting between a range of 1 to 69 for the Koa ball specifically, which is the 7th number in the draw per ticket. Numbers for each ticket can be changed as long as it is before the cut-off time each week prior to the draw. Based on the balance kept in your PLSA account, you will be gifted a ticket for every KES 500 amount available in that balance. For example, if you have a balance of KES 3,500.00, you will be gifted 7 tickets that will be used towards the weekly draws. If you have a balance of KES 3,499.00 then you will only be gifted 6 tickets for use towards the draws.
5. Winner Selection
A ticket is eligible for two types for draws each week:
6. Prizes and Odds
A. Koa Raffle Draw
B. Koa Number Draw
If by chance a participant manages to have all 6 Koa Number Draw matches and the Koa Ball match at the same time they will be eligible to win the KES 20,000,000 prize. If there are multiple participants who manage both these matches of all 6 numbers and the Koa ball during the same draw period or session, the prize will be split evenly between the number of participants who have acquired these matches.
Prizes will be awarded to the users PLSA balance in the Koa App or Whatsapp Bot unless stated otherwise by Koa. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prizes for one of equal or greater value for any reason. The Winner is responsible for all taxes and fees associated with prize receipt and/or use unless stated otherwise by Koa. All tax liabilities, as well as any other costs and expenses not specified herein as part of the Winner being awarded are the sole responsibility of the Winner unless stated otherwise by Koa. Prizes will be awarded only if the potential prize Winner fully complies with these BCLB Rules.
Prizes stated above will be subject to 20% withholding tax, as per country regulatory authorities rules, which Koa will remove upon payout to winning users.
7. Sponsor’s Decision
All potential winners are subject to verification by the Sponsor. The Sponsor’s decisions are final and binding in all matters related to the Administration, operation, and selection of the winner, and other matters related to the Draw. An entrant is not a winner of any prize, even if the app or Whatsapp Bot should so indicate, unless and until the entrant’s eligibility and the potential winning selections have been verified and the entrant has been notified that verification is complete. The Sponsor will not accept screenshots or other evidence of winning in lieu of its validation process. Any potential winner notification that occurs after the system has failed for any reason is deemed defective, is void, will not be honored.
8. Verification of Potential Winner
A potential winner will be notified via the Koa App or Whatsapp Bot or using the email address / phone number provided with the entry or on file with the Sponsor. Failure by a potential Draw winner to respond to the initial verification within ten (10) days of notification will result in disqualification. Potential Draw winners may be required to complete and return a Letter of Confirmation together with any requested supporting identification documentation, provide identification by the date specified by Sponsor, or an alternate potential Draw winner may be selected. In the event: (a) potential Draw winner cannot be reached for whatever reason after a reasonable sort has been exerted or the potential Draw winner notification or Affidavit is returned as undeliverable; (b) potential Draw winner declines or cannot accept, receive or use the prize for any reason; (c) of non-compliance with the above or within any of the aforesaid time periods; (d) potential Draw winner is found to be ineligible to enter the Draw or receive the prize; (e) potential Draw winner cannot or does not comply with the BCLB Rules; or (f) potential Draw winner fails to fulfill the Affidavit-related obligations, the potential Draw winner shall be disqualified. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Draw winner, if any.
9. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these BCLB Rules and the decisions of Sponsor which is binding and final in all matters relating to this Draw; (b) defend, indemnify, release and hold harmless the Sponsor, their respective parent, subsidiary, and aliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Draw, and all of their respective past and present ocers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Draw, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of their designees to use and/or publish winner’s entry, name, city and state of residence, and/or statements made by winner regarding the Draw or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, or internet, without further limitation, restriction, compensation, notice, review, or approval.
jInaccurate information or do not comply with or violate the BCLB Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Draw or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or diculties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Draw or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Draw, or with any Website promoting the Draw; (b) acting in violation of the BCLB Rules; or (c) entering or attempting to enter the Draw multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Draw, the Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Draw, including the entire Draw, and/or modify the Draw and/or award the prize from all eligible entries received as of the termination date.
11. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Draw; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Draw; (d) technical or human error in the administration of the Draw or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Draw or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant's sole remedy is another entry in the Draw. No more than the stated number of each prize will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Draw, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Draw, or any prizes awarded, shall be resolved exclusively by the High Court of Kenya (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Draw, but in no event legal fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the applicable laws, or the rights and obligations of the entrant and Sponsor in connection with the Draw, shall be governed by, and construed in accordance with, the laws of Kenya.
13. Draw Results
For Draw results, users will be made privy to the every week’s winners on the Koa App or Whatsapp Bot. In accordance with privacy measures, only the first name and first initial of the last name of the winner will be used when mentioned. By using our services, you authorize Koa to hold your deposits in accordance with the terms and conditions stipulated with the use of the Koa App or Whatsapp Bot.
14. Use of Personal Data
By participating in this promotion, you are deemed to have granted Koa the right to contact you for further information.By participating in the promotion, all winners of the prizes will be deemed to have granted Koa (during the duration of the promotion) the right to use their full names, photos, videos footage and other details in such media as Koa may choose (including and not limited to the internet) for information, advertising and promotional purposes and that they will further agree to participate in all public relations and marketing activities of Koa on such terms as Koa may require without any additional consideration or prior approval, within the duration of the campaign.
All the ownership and intellectual property rights in the footage and visuals taken of any participant, is and shall at all times remain the sole property of Koa within the duration of the campaign.
Use of the materials stated above shall be at Koa’s discretion and Koa shall be entitled to disclose any of the participant’s details for administering the promotion, marketing and research related activities, fraud prevention and such other purposes as may be provided in terms and conditions herein and the law.
15. Other Terms
By agreeing to participate in the promotion, all winners agree that their name, picture and details of their business may be made public in such media as Koa may choose (including but not limited to the print, audio and internet) and that they further agree to participate in all public relations and marketing activities relating to the Promotion without additional payment or consideration or prior approval. If upon notification the selected winner of any prize does not claim the prize three (3) months after the end of the Promotion he/she will be deemed to have forfeited the same to BCLB.
The promotion is offered at the sole discretion of Koa, and Koa reserves the right (subject to any direction from BCLB) to suspend or terminate the Promotion or amend these terms and conditions at any time for any technical or commercial reason. In case of any termination or suspension, notice will be given by Koa through media advertisements. The notice will be effective immediately or on such date as shall be set out in such Notice. Any amendment to these terms and conditions will be published on the Koa’s website.
Although Koa will use all reasonable efforts to ensure that all information and materials relating to the Promotion (“Promotional Material'') is accurate, Koa shall not be liable for any inaccuracy or errors in such Promotional Material. Koa, its agents and subcontractors will also not bear responsibility for any loss or damage to an entrant, whether caused by self or any third party.
The promotion remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya).
BCLB No. 002801.
Effective Date: September 2022
These Terms & Conditions serve as an end-user licence agreement between the Customer, Koa Technology Inc, and KoaSave Africa Limited, and other related entities in the Kenyan market (collectively known as “Koa”) which provides the financial services Products and Services available on the Koa App. Please read these Terms & Conditions carefully. By creating an account on the Koa App, using any of our services, or signing up to our newsletter on our website, you are agreeing to this Agreement, our Privacy and Data Protection Policies, without any limitation or qualification, which will result in a legal agreement between you and Koa (the Agreement). You also give your express consent for Koa to process personal data for purposes of signing up to and accessing our Services on the Koa App. You also agree and consent for Koa to include you in any membership-related programs or commercial arrangements with TPIs that would be required in order to let you partake in Products and Services that include third party investment and financial services.
Below are a few definitions that should help you understand these Terms:
Admin refers to the administrator of a Group Savings Product.
Agreement means this User Agreement.
Bank Account means the Customer’s bank account held with a duly licensed bank.
Business Day means a day other than a Saturday, Sunday or national or public holiday in Kenya.
Calendar Day means each day from Monday to Sunday.
Credentials means your personal credentials used to access the Koa App and operate your Account.
Customer means the person whose duly registered mobile phone, mobile number and whose personal details were used to register and utilise the Koa App to access the Products and Services offered by Koa. The word Customer is interchangeable with Member or User.
Data Protection Law means the relevant national law regulating the processing of personal information.
Equipment includes your mobile phone, laptop, computer, tablet and or other equipment which when used together enables you to access the Koa App and Website.
Group Savings is a product that provides a user with the option to create a Savings with friends and/or family. For more details on this product, please check our Website.
IPRS means the Integrated Population Registration System.
Koa (also referred to as “we,” “us” or the “Company”) means Koa Technology Inc, KoaSave Africa Limited and any other group or related entities.
KoaSave Africa Limited means a limited liability company duly incorporated in accordance with the laws of Kenya, a wholly owned subsidiary of Koa Technology Inc authorised to operate the Koa App in Kenya.
Koa Technology Inc means a corporation duly incorporated in accordance with the laws of the State of Delaware, the proprietor of the Koa App and all other related intellectual property rights arising from or in connection to the Koa App.
Koa App (or App) means the digital savings and investment platform that enables Members to access our digital mobile application and website providing customers access to Koa’s Services and Products.
Koa Account means a Customer’s account created on the Koa App for purposes of accessing the Products and Services offered by Koa, as well as holding funds that are deposited by or withdrawn to: Mobile Money, Credit/Debit Card, or a Bank Account.
KYC means the “Know Your Customer” requirements governed by law to enable us to collect personal information about Customers which includes but is not limited to your Personal Information or any other information required by law.
Locked Savings is a product that provides a user with the option to lock a particular saving for a defined period of time or until a target monetary value is reached, which in turn can be rewarded by a higher interest rate return than an unlocked saving subject to these Terms & Conditions.
Mobile Money means the money transfer and payments service operated by the Mobile Money Providers in Kenya.
Mobile Money Service means the money transfer and payments service provided by the Mobile Money Providers through the Mobile Money System.
“Mobile Money System” means the system operated by the Mobile Money Providers in Kenya for the provision of the Mobile Money Service.
“Mobile Network Operator” or “Mobile Money Provider” means a mobile network operator registered with the Communications Authority of Kenya.
“Network” means a mobile cellular network operated by a Mobile Network Operator
Penalties means any fees charged for performing certain actions specific to each Product. These fees are mentioned beforehand to the user, and prior to the use of any product.
Personal Information means your full name, mobile number, email address, ID/Alien ID/Passport Number, home address, KRA PIN Number, bank account details, names of beneficiaries and identification information and any other related information that will enable Koa to identify you and comply with the regulatory “Know Your Customer” requirements as well as its products and services.
PEP Screening means an individual who is, or who has been entrusted with a prominent function and the definition shall include their family members and close associates.
Products means the various savings and investment products options available on the Koa App for a Member to deposit their funds for investment offered by Third Party Institutions.
Referral Code is a unique identifier or code given by Koa to the User in order to take part in a Referral Program.
Referral Program is a promotional referral program made available to the User by Koa, whereby Koa reserves the right to determine which programs, and what benefits or features those programs provide, are made available to which Users. Multiple referral programs may or may not run consecutively at Koa's discretion.
Relevant Information means information including, but not limited to, data relating to your phone (including, without limitation, your phone's history) from your Equipment, from any SMS sent to you by the Mobile Money Providers and any financial services providers relating to your use of the Mobile Money Service and such other information as We shall require for purposes of providing the Services.
Request means a request or instruction received by Koa from you, your Equipment, or purportedly from you through the Network, mobile phone and the System and upon which Koa is authorised to act.
Rewards means any amount that is payable to the User in the form of rewards, prizes, or winnings based on the features of particular Products.
Save To Win is a product within the Koa app available to its users. For more details on this product, please check our Website.
Services includes any form of services or products that Koa may offer you pursuant to this Agreement and as you may from time to time subscribe to and "Service" shall be construed accordingly.
Service Fee means a technology service fee associated with the provision of services by Koa.
SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the Mobile Money Account.
SMS means a short message service consisting of a text message transmitted from your mobile phone to another.
System means electronic communications software enabling you to communicate with Koa for purposes of the Services. The System and the Services will, for the purpose of this Agreement, be accessed through a Mobile Network Operator's System.
Technology means services used or supported by the App.
Technology Service Fee or Service Fee includes any fees and charges payable for the use of the Services. Service Fees are subject to change at any time at our sole discretion.
Third Party Institutions or TPIs are any institutions, third parties or financial services institutions (and related entities) regulated by a regulatory authority including but not limited to: the Capital Markets Authority, Central Bank of Kenya, Sacco Societies Regulatory Authority, and Commissioner of Cooperative Societies within the Republic of Kenya that Koa has partnered with to engage with to provide you access to their investment products for saving and investment purposes.
Unlawful Activities means any activities that you conduct on the Koa App or in association with Koa that amount to a criminal offence under the laws of Kenya, particualrly under the Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA) the Bribery Act, 2016 (BA), the Prevention of Terrorism Act, 2012 (PTA), and the Anti-Corruption and Economic Crimes Act, 2003 (ACECA).
Vault is a product that allows Users to earn a higher interest rate of return by making a single up-front deposit and locking in that deposit for a fixed period as stated in the product choices. The Vault product is also subject to these Terms & Conditions.
Website means Koa’s website available at https://www.withkoa.com/.
Withdrawal means a request made on the Koa App to withdraw funds deposited by the User. The term withdrawal is interchangeable with instant loan and shall be subject to the contractual documentation or governing policies.
In addition to the above definitions, unless the context requires otherwise, the singular shall include the plural and vice versa; a reference to any one gender, whether masculine, feminine, or neutral, includes the other two; all the headings, subheadings and bullet points in this Agreement are for convenience only and are not to be taken into account for the purposes of interpreting it; the recitals and schedules shall be deemed to form part of this Agreement.
The Koa App is accessible through our website, Google Play, and the Apple Store and is operated and controlled by us. Koa has employees, independent contractors, and representatives (Our Team) that operate to ensure the Services are available to you on the Koa App as set out in this Agreement.
These Terms of Agreement describe how we’ll treat your account and the data we collect and process about you, while you are a Member. If you do not agree to these Terms of Agreement, you must immediately discontinue your use of the Koa App and Services.
Some features of our Website may be offered as add-ons to your Koa Account (Add-ons). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (Additional Terms). Additional Terms for Add-ons can be found on our Site and Members agree to the applicable Additional Terms at the time you choose to add the corresponding Add-on. Also note that a Koa Account may have access to unique features of the Service based on a Member’s historic usage or status.
Koa uses additional third parties to provide certain features of the Services, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree by signing up for a Koa Account and using the Services, that you are also bound by our TPIs Terms & Conditions and Privacy Policies.
If you download the App through the Apple App Store, Google Play or any other app store or distribution platform (App Provider), you acknowledge and agree that:
these Terms are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider;
the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims;
the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and
the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.
ACCEPTANCE OF TERMS AND CONDITIONS
You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended by Koa from time to time before using the Services which will govern your use of the Services and the App and operation of your Account in connection with the Services.
You will be deemed to execute and consent to be bound to the terms of this Agreement upon clicking the "Accept" option on Koa's System asking you to confirm that you have read, understood and agreed to abide by this Agreement. If you do not agree with this Agreement, please click the "Decline" option in our System. Please note that you will not be able to access the Services and get a licence to the App if you click the "Decline" option.
By downloading the Koa App, accepting these terms and conditions in accordance with the above mentioned, and opening a Koa Account, you agree to comply with and be bound by the Terms and Conditions governing the Services and you affirm that the Terms and Conditions herein are without prejudice to any other right that you may have with respect to the Services and/or Account in law or otherwise.
This Agreement may be amended or varied from time to time at the sole discretion of Koa and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. We will take all reasonable measures to notify you of any changes and such changes may be published through our social media platforms and/or website or any other method at our discretion.
By using the App or any of the Services, you consent to us collecting and using technical information about the equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to the following actions by Us, affiliates and licensees: transmission, collection, retention, maintenance, processing and use of your data to improve our Services and/or your experience while using the App.
SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a limited, non-transferable, non-exclusive licence to use the App on your Equipment, subject to this Agreement. We reserve all other rights.
Except as expressly set out in this Agreement, you agree:
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities:
1. is not unnecessarily disclosed or communicated without our prior written consent to any third party;
2. and is not used to create any software that is substantially similar to the App;
3. to include our copyright notice on all entire and partial copies you make of the App on any medium;
4. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from Us; or
5. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Services, together with the Licence Restrictions.
You are not permitted to and it is a breach of this Agreement to:
use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
1. infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);
2. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
3. use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.collect or harvest any information or data from any Service or our Systems or attempt to decipher any transmissions to or from the servers running any Service.
ACCOUNT OPENING & ACCOUNT OPERATION INFORMATION
In order to open a Koa Account and access our Services, you must meet the following requirements:
1. be at least eighteen (18) years old;
2. have capacity to enter into legally binding contracts;
3. provide details of your personal information requested during our KYC onboarding process;
4. ensure that the information provided is accurate;
5. complete our customer due diligence onboarding process and agree to this Agreement;
6. consenting to our processing of your personal data to facilitate access to our Services on the Koa App and Website.
By using the Koa App, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are entering into a contractually binding agreement.
Koa may refuse service and/or close a Koa account of any Member, and change eligibility requirements at any time. Further, Koa reserves the right to suspend or terminate any User account that it has reasonable basis to believe is being utilised for a fraudulent purpose or any other purpose aside from that envisaged under these Terms and Conditions.
In the event of such suspension or termination of account, the User shall only be entitled to receive the deposits they had made, less Koa’s Service Charges, but shall not include any investment margins or benefits that the User may have made (actual or perceived) as a result of utilising the Koa App.
By signing up for an account and agreeing to our Terms, the Agreement between you and Koa is formed, and the term of the Agreement will remain in force until you delete your Koa Account (the Term). The Term will continue for as long as you have a Koa Account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.
Our Services can only be utilised by persons over the age of 18. Koa reserves the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider, or with any government institution that verifies these details.
Our acceptance of your Withdrawal will be displayed on the App. You hereby acknowledge and accept that the acceptance by Us of your application for a Withdrawal may create any contractual relationship between you and Us beyond the Terms and Conditions that apply to your Mobile Money Account from time to time.
We reserve the right to decline and/or freeze your request for a Withdrawal or to revoke the same at our discretion where Koa wishes to investigate any account activity to ensure you are compliant with the laws and regulations of Kenya where We suspect suspicious activity or in more serious cases anti-money laundering, terrorist financing, corruption, proliferation financing or any other Unlawful Activities.
We reserve the right to issue or decline to issue a Withdrawal and/or vary the terms of any Withdrawal depending on our assessment of the user profile and his or her account status from time to time. The terms of the Withdrawal and the Service Fee payable in relation to each Withdrawal application will be displayed in the Koa Loan Policy, which can be availed upon request.
Onboarding Process & Koa Account Opening
You hereby agree and authorise Koa to obtain and procure your Personal Information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to the Company.
In addition, you hereby authorise Koa to undertake its internal customer due diligence background checks which may include Sanctions Screening and PEP Screening in compliance with the anti-money laundering laws and regulations of Kenya and global best practice.
You hereby agree and authorise Koa to obtain and procure Personal Information with third parties should the relevant information be required to validate you as a customer for access to Koa’s Product and Services.
You hereby further acknowledge and authorise Koa to verify your Personal Information against the information received from the Government of Kenya in your respect as contained in the IPRS.
On behalf of its partners, Koa reserves the right to request further information from you pertaining to your application for a Koa Account at any time. Failure to provide such information within the time required may result in Koa declining to accept your application to open a Koa Account or declining to accept your ability to partake or invest in Koa’s Products or Services.
Confirmation of successfully opening a Koa Account shall be communicated to you once the account opening process has been successfully completed. Communication can occur via various channels which include, but is not limited to: SMS, Email, Whatsapp, and In-App Notifications.
Koa reserves the right to decline your application for a Koa Account or to revoke your user privileges at any time at its sole discretion and without assigning any reason or giving any notice thereto.
Once the KYC onboarding process is complete, you will have the ability to initiate deposits which will reflect in your Koa Account whereupon they can be utilised towards Koa’s Products and Services.
If you sign up for an account on behalf of a company or entity you are confirming that you have the authority to represent the said company or entity and you take on the responsibility as an individual, in addition to the Company or entity you hold yourself as representing, of accepting the Terms of Agreement on behalf of the said company or entity with Koa.
Information Sharing Statutory & Compliance Obligations
You hereby agree and authorise Us to verify information provided by you to Us against the information held by the Mobile Money Providers, IPRS, and KRA in relation to your Mobile Money Account pursuant to the agreement between you and the relevant Mobile Money Provider for the provision of its products and services and the Mobile Money Service.
We may verify your Personal Information against the information held by the Mobile Money Providers, IPRS, KRA, and other Third Party Institutions.
You hereby agree and authorise Us to verify your Personal & Relevant Information.You hereby consent to Us verifying the Personal Information and the Relevant Information with the Mobile Money Providers and using the Personal Information and the Relevant Information to the extent necessary in Our sole and absolute discretion to the extent permitted by Data Protection Laws.
You acknowledge that our verification of your Relevant and Personal Information as envisioned in this Clause includes but is not limited to data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you by the Mobile Money Providers and/or Mobile Network Provider and any financial services providers relating to your use of the Mobile Money Service and such other information as we shall require for purposes of providing you the Services.
You hereby agree and authorise Us to obtain and procure your Personal Information from the Credit Bureaus and/or any other reliable sources and you further agree and consent to the disclosure and provision of such Personal Information by the Credit Bureaus and/or reliable sources.
We reserve the right to request for further information from you pertaining to your application for a Withdrawal at any time. Failure to provide such information within the time required by Us may result in declining to accept your application for a Withdrawal.
Koa reserves the right to supply consumer information to the Credit Bureaus with your consent, where such information has been requested by the Credit Bureaus or is mandated by law or any other justifiable reason.
In this regard: you confirm that upon receipt of consent, We may transmit to the Credit Bureaus data about the Koa App, opening and termination of an Account by you; you acknowledge that information on non-compliance with the Terms and Conditions of this Agreement is transferred to the Credit Bureaus; and the Credit Bureaus provides a credit profile and possibly credit scores on your creditworthiness, subject to the credit record.
In-App Requests by Customers
You hereby irrevocably authorise Us to act on all Requests received from you (or purportedly from you) through the System and to hold you liable in respect thereof. We may nevertheless refuse to carry out any Requests in our sole and absolute discretion.
Subject to our discretion, We reserve the right to reject any Request in relation to a Deposit or Withdrawal where such a Request is deemed, fraudulent, suspicious, or out of your regular customer transaction activity from you even if you have previously been able to do so and shall proceed to issue you with a notification of such rejection and any remedial measures (if any) you may be required to undertake.
We 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 our absolute discretion, if We believe that we can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
We shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which We may act if We have in good faith acted in the belief that such instructions have been sent by you.
We may, in our absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further inquiry or further confirmation (whether written or otherwise) from you.
You agree to and shall release from and indemnify Us against all claims, losses, damages, costs and expenses, however arising in consequence of, or in any way related to Us having acted (or failed to act) in accordance with the whole or any part of any of your Requests.
We are authorised to effect such orders in respect of your Koa Account as may be required by any court order or competent authority or agency under the applicable laws.
In the event of any conflict between any terms of any Request received by Us from you and this Agreement, this Agreement shall prevail.
Changes to the Terms of Agreement
We may change any of the terms of this Agreement by posting a notice of the revised terms on our Website. Unless you terminate your account immediately prior to the issuance of such revised Terms, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service.
We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time. We may change our fees, by posting a new pricing structure to our Koa Site or in your account and/or sending you a notification by email.
If you use an Add-on that has a charge, then you’ll be billed that separately for as long as the Add-on is active. Certain Add-ons may require upfront payment for their entire billing cycle.
Interest earned on the funds deposited in your Koa Account will accrue interest on a periodic basis (daily, weekly, or monthly) depending on the Product or Service you choose to invest in through the Koa App.
The interest advertised by Us, will be reflective of the interest rate offered by our TPIs and may be gross of taxes, deductibles and other expenses charged by the TPI and/or Us.
Although interest may be mentioned as fixed or as a range, it is subject to change based on prevailing economic, political or social circumstances. Koa does not control or have any influence over the interest rates set by the Third Party Partners where deposited funds are invested.
Koa reserves the right to change its mentioned interest rates on the products and services offered should economic conditions require it too, including exaggerated movements or devaluation of currency. In this regard, Koa shall provide the necessary notification of such change in Interest and when the same shall become applicable.
Deposits & Withdrawals
The minimum amount to deposit into your Koa Account is Kenya Shillings One Hundred (KES 100.00). Any further deposits must be at or above the minimum of Kenya Shillings One Hundred (KES 100.00). Once a deposit has been made, this will be reflected in your Koa Account within one (1) business day, and these funds will begin to earn interest the following day after a deposit is made.
Withdrawals will only be permitted in accordance with the Terms and Conditions of the various products available on the Koa App and further details can be found on our Website or on the Koa App. Any withdrawal requests can only be made from the available funds in your Koa Account, with the withdrawal process facilitated through the transaction methods made available at the time of a Request and the relevant processing fees by the relevant Payment Service Providers being applicable.
Once a withdrawal request is made, Koa may take up to five (5) business days to effect the withdrawal request and reserves the right to charge any applicable fees connected to the withdrawal, which will be informed to the User. Any funds withdrawn will be transacted through the channels available at that time which include but are not limited to the User’s Mobile Money account, and bank account. Any delays in withdrawal shall be communicated to you where the delay has not been occasioned by Koa.
Funds cannot be directly transferred to any third party. We are not responsible for any third party fees incurred in the withdrawal of your funds. Funds cannot be transferred to an account that is not in the name or ownership of the User.
In the event that you deposit or request a Withdrawal of more than KES 1 Million or any other amount into your account, Koa will require you to provide details and documents of the source of funds. Koa is required to comply with anti-money laundering laws and regulations and may therefore be obligated to request additional information from you.
The prescribed timelines relating to deposits and withdrawals may be delayed if events occur that are outside the normal process or control of Koa. Koa will try its best to resolve the aforementioned Events in order to normalise the expectations and timelines mentioned.
The User agrees that Koa will not be held liable for delays of Withdrawal or deposit of funds into the App or towards products or services requested by the User if any issues of compliance and/or anti-money laundering laws and regulations take precedence.
In the event of any technical issues that may affect your ability to access the App, make a Request on the App, or receive accurate information regarding your Account, Koa shall ensure that where necessary, prior communication is circulated, and remedial actions are taken to ensure the restoration of the above mentioned.
Some Products and Services within the application include penalties which are advertised within the Product and/or Service in the Koa App.
Penalties are removed from the Users funds as mentioned upon confirmation of any action by the User that instructs or informs that a penalty is applicable on such aforementioned action. Unless stated otherwise, the penalties are removed from the funds that are currently being utilised or held by the product of which the penalty is related or applicable to.
Koa reserves the right to change the mentioned penalties on the Products and Services it provides. In this regard, Koa shall provide the necessary notification of such changes related to penalties, and when the same shall become applicable.
Some Products and Services include rewards, prizes, or payouts which are advertised within the Product and/or Service in the Koa App.
Rewards are added to the Users funds that are currently held or being utilised in the Product or Service whereby the Reward is applicable or related to.
Koa reserves the right to change the mentioned Rewards on the Products and Services it provides. In this regard, Koa shall provide the necessary notification of such changes related to penalties, and when the same shall become applicable.
Koa also reserves the right to withhold or delay any payment to the User in relation to a payment made towards a Reward. Koa reserves the right to investigate any Reward that a User may have access to. Investigation by Koa includes the right to ask the User for any pertinent information that would assist in the validation that the User has the right to such mentioned Reward and serves to satisfy any question or doubt that Koa may have regarding the User receiving such Reward.
We reserve the right to decide which products and services are available to any single user at any given time without prior notice, and at our own discretion. Further information regarding the various products that We offer can be found on our Website.
A wide range of Products and Services may be offered by Us which may include features and characteristics that include or are subject to different value and time-bound lock-in periods, interest earnings, rewards, and may also be subject to penalties. Such features will be communicated to the user before selection and opt-in for the Product and Services, where confirmation by the User will confirm his or her acceptance of the binding terms and conditions of that Product or Service.
We reserve the right to change the characteristics attributed to the Products and Services at any time and reserve the discretion to communicate such changes to you. Any changes to Products shall not affect any current deposits held on your behalf, or investment margins or benefits earned (both projected and/or anticipated) as at the date of such changes.
Koa may offer Users a Locked Savings Product that will be reliant on a target value or date (duration). Details of the Penalties and Interest rates applicable shall be provided separately on the Company’s Website as these commercial terms change from time to time at Koa’s discretion.
The funds deposited in the Locked Savings are considered locked, and such a Product type aims to only promote deposits into the Product in order to reach the targets chosen by the User.
Early withdrawal from your Locked Savings or Vault accounts account may incur a fee which shall be communicated on our Website and in-App. For the Locked Savings account, the applicable penalty will be a percentage of the total funds held in the account. Any early withdrawal penalties related to the Locked Savings Product, including the method of penalisation is at the discretion of Koa and may be changed at any time Koa deems fit. Details of any penalty changes related to a Product will be notified to the user through any medium that Koa deems appropriate and of its choice.
In order to be eligible to access Koa’s Locked Savings Product, you will be required to have a verified account, accept these Terms & Conditions, and any other eligibility requirements that we set. We reserve the right to set the interest rate applicable subject to the interest rate returns offered by the investment products offered by TPIs.
If the interest rate for the particular product changes while you have funds vested in the Product, the new interest rate will be applied immediately upon its implementation.
Upon completion of either the target value or target duration date set out initially upon creation of the Locked Savings Product, the principal amount and interest earned will be returned to the Koa Account of the user.
Koa may offer Users a Vault Product that will be subject to a minimum duration period and a single up-front deposit made prior to the commencement of the Product. Details of the duration period, penalties, and interest rates applicable shall be provided separately on the Company’s Website and In-App as these commercial terms change from time to time at Koa’s discretion. Further details relating to the Vault product can be found on our Website.
The funds deposited in Vault Product will be kept in the account until the maturity date chosen by the User. The maturity periods may be multiple in choice, and vary in predetermined durations to enable you to select your preferred maturity period. The interest rate applicable may vary depending on the maturity period that you chose, with longer maturity periods usually attracting higher interest.
In order to be eligible to access Koa’s Vault Product, you will be required to have a verified account, accept these Terms & Conditions and any other eligibility requirements that we set. We reserve the right to set the interest rate applicable subject to the interest rate returns offered by the investment products offered by TPIs.
Regarding the possibility that the interest rate changes for the product, Koa will endeavour to keep the prior interest rates for currently active vault products unchanged, while newly created Vault Products will have the new interest rate applied. Koa reserves the right to change interest rates on active Vault Products should the conditions (economic or otherwise) require Koa to implement such changes with immediate effect.
Upon completion of the Vault Product based on the maturity date selected initially by you upon creation of the Product, the Principal amount plus any interest earned during the time the Product was active will be transferred to your Koa Account.
Early withdrawal from Vault Products may incur a Penalty which shall be communicated on our Website and in-App. Early withdrawals prior to the maturity date may attract a penalty charge. For Vaults Products, the penalty will be a percentage of the interest earned on your principal amount. The penalty amount will be removed during your withdrawal of funds.
Koa may offer a Group Savings Product that can be used by multiple customers at a time for purposes of saving collectively towards a common goal/target. We reserve the right to set the applicable interest rate in accordance with the terms of this Agreement. The Company reserves the right to set the conditions applicable to Group Savings relating to group membership numbers, change of Administrator, change of Admin rights, administration of Group Savings Product, applicable Interest rates and Fees, and any other features applicable to Group Savings Accounts. Further details relating to Group Savings can be found on our Website.
The creator of the group will be the Admin by default (the Admin); however, this title can be passed onwards to another individual in the group, noting that there can only be one Admin at any given time. We reserve the right to vary this as necessary. The Admin will be authorised to:
a. send invites to users for entry into the group, which can be either accepted or declined;
b. amend or vary the Group Savings details such as the name, description, photo, target amount, and target date.
c. initiate a full withdrawal request through a voting process to all members of the Group Savings Product (partial withdrawals are not possible);
d. receive all monies into their personal Koa Account upon confirmation of withdrawal through vote mentioned in point c above;
e. delete the Group Savings Account with consent from Members;
f. transfer the Admin rights to another member of the Group Savings upon acceptance by the new proposed Admin.
Users will not be able to make a partial withdrawal of the monies invested in a Group Savings Account. If a user wishes to withdraw their monies, they will need to leave the group entirely, whereupon, their principal invested amounts will be returned to their Koa Account. The user will not be refunded any interest that was accrued in the Group Saving upon leaving the group. Group Savings will continue to exist, even after a full withdrawal by the Admin, until the group is deleted.
In order for a full withdrawal to be transferred to the Admin, a full withdrawal request will be initiated by the Admin. Each member will be informed of this request and allowed to vote for or against the motion within a 24 hour period. The Admin is able to see which members have voted for or against the motion, while members who have not voted during the allotted time period will be shown in a pending state. If any single member rejects the motion or has not voted within the 24 hour period, the withdrawal request will fail. The Group Saving will remain active and be able to continue as normal. Only one withdrawal request can be active at one time. A withdrawal request can be requested after a previous one has completed. Upon approval of a full withdrawal request by all members the funds of the Group Saving will be transferred to the Koa Account of the Admin. It is important to recognize that all requests and/or actions in a Group Saving product are followed by choices of consent. By doing so, the user takes full responsibility for his or her choices, and indemnifies Koa from any consequences that may arise in regards to actions taken.
By consenting to liquidation of the Group Saving, members accept and give the Admin the right to receive all the monies collectively saved by the group on their behalf. Koa shall bear no responsibility for the management or use of funds once they have been transferred to the Admin’s personal Koa Account.
Koa may, at its sole discretion, may run promotional referral programs (“Referral Program”) and other promotional offers with different features and different rates to any of its customers or groups of its customers. By signing up to these Terms & Conditions, you agree that Koa may reach out to you to provide further information about these promotional offers. Koa reserves the right to change the terms and scope of the Referral Program, and will communicate to customers when necessary or as required.
In order to run these promotional offers, Koa may, in its sole discretion, create promotional codes for customers that participate in, or make use of the referral program, subject to any additional terms that Koa establishes on a per promotional code basis (“Referral Code”). By utilising your Referral Code, you agree that the Referral Code: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Koa; (iii) may be disabled by Koa at any time for any reason without liability to Koa; (iv) may only be used pursuant to the specific terms that Koa establishes for such Referral Code; (v) are not valid for cash; and (vi) may expire prior to your use (where applicable).
Koa reserves the right to withhold or deduct any monies or other features or benefits obtained through the use of Referral Code by you or any other user in the event that Koa determines or believes that the use or redemption of the Referral Code was in error, fraudulent, illegal, or in violation of the applicable Referral Code terms or these Terms and Conditions.
For specific information about the promotional referral programs that Koa may offer, please visit our Frequently Asked Questions (FAQs) available on our Website.
FEES & ACCOUNT STATEMENTS
All transaction-related charges may apply and be payable by you when transferring funds into and out of your Koa Account. In addition to the charges outlined above, Koa reserves the right to charge you other expenses subject to the provision of prior notice before effecting the charges.
You hereby agree to pay all Transactional Fees, Service Fees and other additional charges or fees payable in connection with your use of the Services.
Any Service Fee payable by you to us will be communicated to you. We shall be entitled to set and charge Service Fees, in connection with your use of the Services and from time to time amend or vary our Service Fees. If We decide to vary or amend our Service Fees, the Service Fees payable on any Services will be communicated if they affect you.
We will use reasonable efforts to try to notify you of any changes in relation to Service Fees within a reasonable period before such changes are implemented including displaying notices of the changes in the App, via SMS, Email, through our Social Media platforms, or Our website.
All payments to be made by you under this Agreement shall be made in full without any setoff or counterclaim and save in so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to Us, you shall immediately pay to Us such additional amounts as will result in Us receiving the full amount it would have received had no such deduction or withholding been required.
If you fail to make any payments due to Us at the due date for payment, We will be authorised to apply the Rollover Fee on such amount loaned to you at a rate to be communicated to you.
You agree to pay all other fees, expenses and taxes, duties, impositions and expenses incurred in complying with your Requests.
You hereby agree to pay costs, charges and expenses incurred by Us in obtaining or attempting to obtain payment of any Withdrawal or Loan owed by you.
If there is any extraordinary increase or decrease in the effective purchasing power of Kenyan currency, as measured in our reasonable discretion, We shall have the right to make corresponding adjustments in the Service Fees. A change of at least 15% shall be regarded as an extraordinary increase or decrease in the effective purchasing power of the Kenyan currency.
Koa reserves the right to provide you with a statement and activity report in respect of your Koa Account which will be made available in the Koa App in the form decided by Us. Further Requests can be made via our contact channels on the App or website, or via e-mail at firstname.lastname@example.org.
Your statement will show all the details of the last month's transactions in summary or such other number of transactions as determined by Us and initiated from your Equipment. You must check your statement carefully and notify us as soon as possible if it includes any transaction or other entries which appear to you to be wrong or not made in accordance with your instructions.
We reserve the right to rectify discrepancies, add and/or alter the entries in your statements or account, without prior notice to you. We will however inform you of any rectification, additions and or alterations effected on your statements within a reasonable time after the changes are effected.
Save for a manifest error, a statement provided to you in respect of your transactions shall be conclusive evidence of the transactions carried out and requested by you from your Equipment for the period covered in the statement.
You may terminate the Agreement at any time and for any reason by closing your Koa account and deleting the Koa App. In order to close your Koa Account, you will be required to ensure that you have withdrawn all the funds in your Koa Account before we proceed to delete your Account.
Koa reserves the right to suspend or delete your Account at any time, with or without cause particularly where Koa suspects that a Request is suspicious, fraudulent, illegal and/or detrimental to the Company’s interests.
Once your account is terminated, you acknowledge and agree that we will retain your data for seven (7) years after which, we may permanently delete your account and all the data associated with it, unless otherwise required by law, in accordance with our Data Retention Policy.
CUSTOMER ACCOUNT RESPONSIBILITY
Account Safety, Password and Security
You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such an account, whether or not you authorised that activity. You’ll immediately notify us of any unauthorised access or use of your accounts.
Koa is not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We reserve the right to update any of your contact information in your Koa Account.
In addition, you represent and warrant that all information you provide to us when you establish a Koa Account, and when you access and use the Services, is and will remain complete and accurate. We may contact you, any beneficiary, authorised user, based on the information provided in your account and only in limited circumstances that necessitate such communication or where We are authorised by law.
You will be responsible for ensuring the safety, confidentiality, functionality, operation and restricted access to your mobile device or any other electronic device which you use to access the App. Unless express written or oral communication is provided by you, Koa will assume that any instructions received in relation to your Koa Account are valid and accurate.
Koa will not be responsible for any losses, damages, charges, harm or expenses that may be incurred in the event your mobile phone is stolen and any funds you hold with us are misappropriated or stolen where we receive instructions from a party other than yourself.
If your phone is stolen, we recommend that you notify us immediately to ensure that we do not process any unauthorised transaction requests. We shall reserve the right to accept or decline any further instructions until we receive notification to our satisfaction that you have full custody and control of your Koa Account in compliance with the Agreement.
You acknowledge that, to the full extent permitted by law, We shall not be liable for any unauthorised 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 Account PIN, password, ID or any means whether or not occasioned by your negligence.
Customer Equipment Responsibility
You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the Koa App and the Services.
You shall be responsible for ensuring the proper performance of your Equipment. Koa shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall Koa be responsible for any virus or related problems that may be associated with the use of the Koa App, or the Services through your Equipment.
You shall be responsible for charges due to any service provider providing you with connection to the Network and the Company shall not be responsible for losses or delays caused by any such service provider.
Koa Account Ownership Disputes
Koa will not permit you to request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, and the contact and profile information listed for that account.
In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of Koa.
When an account ownership dispute is identified, we may suspend the Koa Account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.
PROPRIETARY, INTELLECTUAL PROPERTY & DATA PRIVACY RIGHTS
Koa owns all proprietary rights in the Services, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights.
Nothing in this Agreement gives you a right to use the Koa name or any of Koa’s trademarks, logos, domain names and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of Koa and its licensors.
You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to Koa in the course of using the Service or which Koa otherwise retrieves or accesses at your direction or with your permission (collectively, your Content).
Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms.
You represent and warrant that:
(i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and
(ii) your Content and its submission and use as you authorise in these Terms will not violate
(1) any applicable law,
(2) any third-party intellectual property, privacy, publicity, or other rights, or
(3) any of your or third-party policies or terms governing your Content.
Intellectual Property Rights
You acknowledge that the intellectual property rights on the Koa App and Website (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Koa provides to you are legally owned and vested Koa or in other persons from whom Koa has a right to use and to sub-license the Koa App and Website.
You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Company.
We may aggregate and anonymize data, including from the Content, to create statistical information. Aggregated anonymized statistical information may be shared externally for research, marketing, or other lawful purposes in accordance with the law.
INDEMNIFICATION, LIMITATION OF LIABILITY & DISCLAIMERS
In consideration of Koa complying with your instructions or Requests in relation to your Koa Account, you undertake to indemnify Koa and its related entities to hold it harmless against any loss, charge, damage, expense, fee or claim which Koa suffers or incurs or sustains thereby and you absolve Koa from all liability for loss or damage which you may sustain from Koa acting on your instructions or Requests or in accordance with this Agreement.
The indemnity in clause above shall also cover the following:
All demands, claims, actions, losses and damages of whatever nature which may be brought against Koa or which it may suffer or incur arising from its acting or not acting on any request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the Koa’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by Koa.
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 unauthorised access to your Koa Account 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 this Agreement 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 Koa as a consequence of any breach by this Agreement.
Any damages and costs payable to Koa in respect of any claims against Koa for recompense for loss where the particular circumstance is within your control.
Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms.
If we have to provide information in response to a court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in legal proceedings.
Limitation of Liability
Your use of the Services provided on the Koa App and Website is at your own risk.
We shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within Koa's control including, without limitation, Force Majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, operation of the law and failure of any public or private telecommunications system.
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App, as described, meet your requirements.
We only supply the App for domestic, private and/or corporate use. You agree not to use the App and documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any losses or damage suffered by you as a result of or in connection with:
1. a defect or fault in the App or any Service resulting from you having altered or modified the App;
2. a defect or fault in the App resulting from you having used the App in breach of the terms of this Agreement;
3. your breach any of the Licence Restrictions;
4. unavailability of sufficient funds in your Koa Account;
5. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, your Bank Account or a Mobile Money System;
6. the money in your Koa Account being subject to legal process or other encumbrance restricting payments or transfers thereof;
7. your failure to give proper or complete instructions for payments or transfers relating to our Account;
8. any fraudulent or illegal use of the Services, the System and/or your Equipment; or
9. your failure to comply with this Agreement and any document or information provided by Us concerning the use of the System and the Services.
We shall not be liable to you for any interference with or unavailability of the Services, howsoever caused. 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 Us.
We are only obligated under this Agreement in respect of Service interference or unavailability shall be limited to the re-establishment of the Services as soon as reasonably practicable, save where re-establishment of the Services is not commercially viable or is not within Koa's control including, without limitation, Force Majeure or error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, operation of the law and failure of any public or private telecommunications system.
Save as provided in the clause above, we shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
Compliance with Laws
You represent and warrant that your use of the Koa App and Website will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Agreement.
Disclosure of Information
You hereby expressly consent and authorise Koa to disclose receive, record, store or utilise your personal information or information or data relating to the use of the Services and the operation of your Account and any details of your use of the Services:
to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
to and from Koa’s service providers, financial service partners, regulators, dealers, agents or any other company that may be or become Koa’s subsidiary or holding company for reasonable commercial purposes relating to the Services;
to Koa’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
to Mobile Money Providers and/or Mobile Network Providers in connection with the Services;
to Koa’s TPIs, commercial partners and any other entities affiliated or connected to Koa;
for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
in business practices including but not limited to quality control, training and ensuring effective systems operation
To the maximum extent permitted by law, we provide the Services as-is. This means that, except as expressly stated in this Agreement , we don’t provide warranties, conditions, or undertakings of any kind in relation to the Services, either express or implied. This includes, but isn’t limited to: warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the User Agreement. Since Members use the Services for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
Use of our site is at your own risk. You are responsible for securing and configuring your information technology, computer programmes and platform in order to access our Services.
As part of Koa’s partnership with its TPIs, means you acknowledge and give your free and express consent to be bound by the relevant TPIs’ terms and conditions and other relevant policies. Specifically, you acknowledge that Koa has a collaborative arrangement with KOAP Savings and Credit Co-Operative Society Limited (Ltd), that shall facilitate the opening of your accounts and management of your funds. In this regard, you undertake to be bound by the relevant governing documents of this partnership that enable the use of their services.
We and our Team aren’t responsible for the behaviour of any Third Party Partners or other parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a Third-Party Integration).
Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration.
We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Choice of Law
The Laws of the Republic of Kenya will apply to any dispute related to the Agreement or the Service. Each party consents to personal jurisdiction in those courts.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
If we don’t immediately take action on a violation of these Terms, we’re not waiving any rights under the Terms, and we may still take action at some point.
Further Actions You’ll provide all true and accurate documents and take any actions necessary to meet your obligations under these Terms.
Notification of Security Incident
If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law.
In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations.
Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Koa for such incident.
If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice, you can send this to us by e-mail to email@example.com or to such an e-mail address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by email.
If we have to contact you or give you notice in writing, We will do so by e-mail or by SMS to the mobile phone number or email address you provide to us in your request for the Koa App.
Any notice to you will be effective when we send it to the last email or physical address you gave us on the Koa App or through our Website. Any notice to us will be effective when delivered to us along with any contact number/email addresses indicated in the Koa App or on the Website.
These Terms and any additional terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will prevail to the extent of the conflict, unless it is deemed necessary or preferable to rely on the previous Terms.
Koa reserves the right to change, revise or modify this Agreement from time to time by updating this Agreement. The most current version of this Agreement will continue to govern our relationship with you.
If you have any complaints, questions or queries, contact us at firstname.lastname@example.org.