SPOTCASH MOBILE BANKING APP
Terms and conditions governing the use of the SpotCash Mobile Banking App provided by Tangazoletu Ltd.
This terms & conditions set out key details about the SpotCash Mobile Banking App. It forms part of the SpotCash Mobile Banking App License Terms and Conditions (Terms). You should read it carefully. The SpotCash Mobile Banking App allows you to access your FOSA account in a format which is easier to view on a Smart mobile phone or tablet.
The same PIN Number used within SpotCash services also applies to the Mobile Banking App. You will need this PIN each time you log on and /or transact.
- Applicability of Terms and Conditions
These terms and conditions together with the application made by the member and as accepted by the Sacco shall form the contract between the member and the Sacco, and shall be further subject to such terms as the Sacco may agree with the other service providers, aiding the Sacco in providing the Facility.
These terms and conditions shall be in addition to and not in derogation of the terms and conditions governing and related to SpotCash Mobile Banking, and / or any other product / services provided by the Sacco and its Affiliates.
By applying for and allowing Authorized Users access to the facility, for the first time (and every time thereafter), the member acknowledges and accepts (and reaffirms his acknowledgment and acceptance of) these terms and conditions, to the fullest extent possible.
The member may avail for the facility (and/or for any changes to the options available under the facility) in the following ways:
• If the member authorized to operate the FOSA Account applies to the Sacco requesting the Sacco to provide the facility to the respective member.
Such application may be made by filling in such forms, request letters etc. as the Sacco may prescribe from time to time; or
• Each member may by themselves, fill in such forms as may be required and prescribed by the Sacco, requesting the Sacco to provide access to the Facility.
A member can avail of the Facility on behalf of the member only for itself and not on behalf of any other member and would necessarily need to authenticate the application through use of the passwords / PIN provided to the member for accessing the FOSA Account through SpotCash App.
The application shall be activated after acceptance of this Terms & Conditions.
All members availing of the SpotCash Mobile banking Services at the Sacco may avail of the Facility. All or any transactions arising from the use of the Facility shall be binding on the member.
- Availability of the Facility
The Sacco shall endeavor to provide Sacco services to the member through the Facility, such services as the Sacco may decide from time to time.
The Sacco reserves the right to decide what services may be offered to the members on the FOSA Account.
- Authority to the Sacco
The member irrevocably and unconditionally authorizes the Sacco to access the FOSA Accounts and the Personal Information for effecting the instructions and providing the Facility to the member, as well as for analysis, credit scoring and marketing.
The member agrees that the Sacco may disclose, to other institutions, such information in relation to the member as may be necessary for any reason inclusive of but not limited to the participation in any telecommunication or electronic clearing network, in compliance with legal directive, for credit rating by recognized credit scoring agencies, and for fraud prevention.
All records of the Sacco relating to the FOSA Account and / or arising out of the use of the Facility, including the recorded time of the transaction originating the transaction, shall be conclusive proof of the genuineness and accuracy of the transactions in the FOSA Account.
The authority to record the transaction details is hereby expressly granted by the member to the Sacco.
The Facility shall be availed through the Mobile Phone application in the manner indicated by the Sacco. The member availing the Facility is solely responsible and liable for the accuracy and authenticity of the instructions provided to the Sacco and the use of the Facility by the member or any other person on behalf of the member.
Where the Sacco considers the instructions to be inconsistent or contradictory it may seek clarification from the member from who the instructions have originated before acting on such instructions.
- Disclaimer of Liability
The Sacco shall not be responsible to the member for any failure of the member and to utilize the Facility due to the member not being within the geographical range within which the Facility is offered;
- The member agrees that the Sacco shall not be liable if:
- The member has breached any of the terms and conditions herein
- The member has contributed to or caused the loss or the loss is a result of failure on part of the member to advise the Sacco within a reasonable time about unauthorized access of or erroneous transactions in the FOSA Account.
- Any loss is caused as a result of failure on part of the member to advise the Sacco of a change in or termination of the Mobile Phone Numbers / SIM Card.
- The Sacco & service provider is in no way liable for any error or omission in the services provided by any cellular or any third party service provider (whether appointed by the Sacco in that behalf or otherwise) to the member, which may affect the Facility.
- The Sacco, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. The Sacco makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the member or by any person resulting from or in connection with the Facility.
- The Sacco or the service provider shall under no circumstance be held liable to the member if the Facility is not available or there is any delay in the carrying out of the instructions for any reasons whatsoever including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of the Sacco.
- Without limitation to the other provisions of these Terms and Conditions, the Sacco, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the member or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of the Sacco in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the member and the network of any cellular service provider and the Sacco’s system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the member, the Sacco’s system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility.
- Illegal or improper use of the Facility by any other person shall render the member liable for payment of financial charges as decided by the Sacco and / or will result in suspension of the Facility to the member.
- Notwithstanding anything to the contrary stated herein, the Sacco shall not be involved in or in any way be liable to the member for any dispute between the member and a cellular services provider or any third party service provider (whether appointed by the Sacco in that behalf or otherwise).
- The member is solely responsible for protecting any password given by the Sacco for the use of the Facility. The Sacco will not be liable for:
- Any unauthorized use of any password(s) given to any persons or Mobile Phone Number or for any fraudulent, duplicate or erroneous instructions given by use of the member’s password or Mobile Phone Number;
- Acting in good faith on any instructions received by the Sacco;
- Error, default, delay or inability of the Sacco to act on all or any of the instructions;
- Loss of any information / instructions in transmission.
- The Sacco will not be concerned with any dispute between the member and any cellular service provider and / or any third party providing such services. The Sacco makes no representation or gives no warranty with respect to the quality of the service provided by any cellular service provider.
- The Sacco shall not be liable for the oversight on part of the member to update itself with the products which are provided through the Facility.
In consideration of the Sacco providing the Facility, the member agrees to indemnify and keep the Sacco safe and harmless from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which the Sacco may at any time incur, sustain, suffer or be put to as a consequence of or arising out in good faith for acting on or omitting or refusing to act on any instructions given by use of the Facility.
The member holds the Sacco / its Affiliates, harmless against any loss incurred by the member due to failure in the network of the cellular service provider.
The member agrees to indemnify and hold the Sacco harmless for any losses occurring as a result of the member permitting persons to use the Facility through any means.
- Governing Law
Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts of Kenya and shall be governed by the Laws of Kenya.
The Sacco accepts no liability whatsoever, direct or indirect for noncompliance with the Laws of any country other than that of Kenya. The mere fact that the Facility can be accessed by a member in a country other than Kenya does not imply that the laws of the said country govern these terms and conditions and / or the operations in the Accounts and / or the use of the Facility.
In these Terms and Conditions, the following terms shall have the following meanings:
"Alert(s)" means the customized messages sent to the member over his mobile phone as short messaging service ("SMS") in response to the Triggers sent by the member.
"Alert/Push Facility" shall mean the service provide by the Sacco wherein a member can obtain specific information pertaining to his Account on his Mobile Phone number.
"Request/Pull Facility" shall mean facility through which members will be able to make requests about their Accounts by sending "key words" through SMS to Mobile Phone Number provided by the Sacco for the purpose.
"Triggers" means the customized triggers that are required to be set by the member with the Sacco which shall enable the Sacco to send the Alerts relating to his FOSA Account.
All members having FOSA accounts with the Sacco and are registered to SpotCash Mobile banking can avail of this service. The last updated mobile number in the records of the Sacco would be used to send the Alerts.
Currently, Alert Facility is not offered for one (1) Mobile number for the same FOSA account. Such Alerts will be available to the Member only if the member is within the cellular service range of the particular cellular service provider or within such area which forms part of the roaming network of such cellular service provider providing services to the member availing such roaming facility from respective cellular service provider.
The acquisition of the Facility is free. All charges expressed through the Facility usage shall be charged as per SpotCash Mobile banking terms as deemed agreeable.