1. This Agreement constitutes the Terms and Conditions (hereinafter referred to as the Terms and Conditions) applicable to the registration, access and use of the E-Chama System (hereinafter referred to as e-chama) offered by Save A Life Missions and of which a resultant virtual account has been opened by the customer (hereinafter referred to as E-Chama member).
2. These Terms and Conditions and any amendments or variations thereto shall come into force on the Effective Date.

In this Agreement, the following words and expressions shall, unless inconsistent with or otherwise indicated by the context, have the following meanings and cognate expressions shall have corresponding meanings:

1. “Applicable Law” means all laws, regulations, rules and regulatory guidance applicable to the operation of the e-chama Platform and “Applicable Laws” shall be construed accordingly;
2. “Contact Center” means the Customer Care Center of Save a Life Missions as may be notified to the Customer by the company from time to time;
3. “Court” means the High Court of Kenya;
4. “Member” means any person in whose name an e-chama Account is registered and is in existence with Save A Life Missions;
5. “Effective date” means the date of the publication of these Terms and Conditions;
6. “Equipment” means your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the E-chama platform;
7. “E-money” means the electronic monetary value depicted in your e-chama wallet and mobile money account representing an equal amount of cash;
8. “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent; collapse of buildings, fire, explosion or accident; non-performance by suppliers or subcontractors; and
9. “Intellectual Property” means patents, rights to inventions, copyright and [neighboring and] related rights, [moral rights,] trademarks [and service marks], business names and domain names, goodwill and the right to sue for passing off [or unfair competition,] rights in designs, [rights in computer software,] database rights, topography rights, rights to use and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all application and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; “IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of persons;
10. “E-chama member account” means an account held by a member with Save A Life Missions and which is opened and operated in accordance with the additional terms and conditions herein contained;
11. “E-chama MENU” means the MENU available on the web, mobile app and USSD channel.
12. “Network” means the mobile telephone network operated by various mobile networks in Kenya;
13. “Prohibited Business” means the production, distribution or sale of arms, ammunition, weapons, military equipment and/or pornography; any terrorist activity or the funding of any terrorist activity; or any other activity prohibited by law.
14. “Parties” means Save A Life Missions and her partners
15. “Request” means a request or instruction received by Save A Life Missions from you or purportedly from you through the Network and the System and upon which Save A Life Missions is authorized to act;
16. “Service” shall include any form of financial and no-financial services or products that Save A Life Missions may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;
17. “SMS” means short messaging service;
18. “Subscriber” means any person that uses Safaricom mobile telephone network operated in Kenya;
19. “System” means the Save A Life Missions’ electronic financing and communications software enabling you to communicate with the e-chama for purposes of the Services. The System and the services will for the purpose of this Agreement be accessed through the E-Chama system;
20. “E-Chama registration” means the amount payable for the use of the Services as published on E-chama’s website and/or any other official platforms in Kenya or by such other means as Save A Life Missions shall in its sole discretion determine.
21. “Upline’s introduction bonus” means the amount automatically payable to uplines on registering new members on e-chama via web, Mobile App or USSD access channels.
22. Next of kin/heirs shall be anybody nominated by the e-chama member to allow for easy management of funds in the event of death or incapacitation.
    

1. Before applying to register for as an “E-chama member” you should carefully read and understand these Terms and Condition which will govern the use and operation of e-chama.
2. Upon clicking “Yes” option on the e-chama menu requesting you to confirm that you have read and accepted the Terms and Conditions and/or Upon registration on e-chama and/or by using or continuing to use and operate the e-chama system; You will be deemed to have read, understood and accepted these Terms and Conditions.
3. By applying to register for e-chama, you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of e-chama and affirm that these Terms and Conditions herein are without prejudice to any right that the Parties may have with respect to e-chama in law or otherwise.

1. The Parties may conduct any know your customer due diligence, identity confirmation, fraud and credit checks which it deems necessary on you and for this purpose the Parties may seek confirmation of any details which you upload to the e-chama Platform from any third party in accordance with Applicable Laws or Government Authority;
2. The Parties may periodically obtain your demographic, identification and historical data from trade partners who deal directly or indirectly with you either in your individual capacity or through an organization related to yourself through ownership, management or otherwise;
3. the e-chama Platform may automatically process payments in relation to member registration fees, member contributions and introduction bonus, and any fees or charges to the persons to whom those fees are due and payable; and
4. The Parties may record details of your contributions and contribution receipt history on the e-chama Platform and utilise such details to build up an account performance history for you.
5. You acknowledge and accept that the Parties offer e-chama only electronically and you agree to do business with the Parties and to operate e-chama only by electronic means via the e-chama menu, any query and complaint you may have relating to the services shall be addressed to Save A Life Missions through their complaint resolution channels. For the avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled to receive or demand the Services pertaining to e-chama at any branch or branches of Save A Life Missions unless otherwise advised by Save A Life Missions in its sole discretion.
6. The Parties reserve the right to vary, amend or replace all or any of these conditions at any time without prior notice. The parties shall notify the e-chama member of any changes made to these Conditions as soon as is practicable and by the most expedient means as determined by both Parties provided that failure to make such notification shall not invalidate the changes, especially when the same has been occasioned upon instruction by government, court, regulator or other competent authority.

1. In order to operate an e-chama Account with the Parties, you must be 18 years of age and above, a registered and active Mobile Subscriber with a Safaricom. The Parties reserve the right to verify with the IPRS the authenticity of your details.
2. You may register for e-chama solely online or by way of an electronic application made by using your mobile equipment via e-chama Menu.
3. You hereby agree and authorize the Parties to request IPRS for your personal information held by IPRS pursuant to the agreement between you and the Parties for the provision of e-chama products and services and including your phone number, name, date of birth, ID or Passport Number and such other information that will enable the Parties to identity you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).
4. In order to register on the e-chama Platform you will need to meet the following criteria. The following criteria are not exhaustive and you may be required to produce further documentation or information at the time of such registration. Failure to provide such information within the time required by the Parties may result in the Parties declining to accept your application for an e-chama Account. You must:
   1. be an individual;
   2. not be operating in, own or otherwise be involved in any Prohibited Business.
5. You hereby agree and authorize the Parties 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 Parties You hereby further acknowledge and authorize the Parties to verify your Personal Information received from Mobile Network pursuant to Clause (d) of this section against the information received from the Government of Kenya in your respect as contained in the IPRS.
6. Acceptance by the Parties of your application for an e-chama account shall be done via SMS sent to the Mobile Phone Number associated with your Account.
7. The Parties reserve the right to decline your application for an e-chama Account or to revoke the same at any stage at the Parties’ sole discretion and without assigning any reason or giving any notice thereto.

As a registered member of e-chama, you may, subject to these terms and conditions:

1. As a holder of e-chama Account and having opted-in to view your e-wallet balance, you may, subject to these terms and conditions contribute to and receive contributions from your e-chama team members. The transaction fees payable to Mobile Network for transactions effected in respect of your Account from time to time will apply to any transactions effected in respect of your e-chama Account using the system.
2. Transaction Fees are subject to change at any time at the Parties’ sole discretion subject to a notice to you as soon as is practicable.
3. You shall pay all fees and contributions due from you to the Parties and members in respect to the levels and Transaction Fees using the Mobile Money Network System only unless otherwise permitted in writing by Save A Life Missions.
4. If you do not meet level requirements within six months after the date of qualification to next level, the Parties will grant you access to 50% of the said amount.
5. the Parties shall be entitled to terminate this Agreement and close your e-chama Account without prejudice to any of its rights accruing hereunder if you fail to meet the requirements thereon within six months after accessing the 50% of actual e-wallet balance.
6. The Parties reserves the right to vary the terms of the e-chama including the registration fees and new-member registration bonus payable thereon from time to time having regard to the prevailing rules, regulations and the policies of the Parties. The Parties will notify the members of such changes by way of SMS as soon as practicable.
7. You hereby expressly consent and authorize the Parties to host, manage and communicate non financial account performance details pertaining to your e-chama teams with upline support.

Save A Life Missions may vary these terms and conditions from time to time and at our sole discretion to accommodate:

1. E-chama members’ feedback;
2. Changes required by third party service providers;
3. Improvements in the e-chama Service;
4. Changes in Applicable Law; and
5. Decisions or orders of any court, ombudsman, arbitrator, regulator or any undertakings given in one of these contexts
   1. A notification of any such change will be sent to you. We will always try to give notice by sms or email before making the change; however this may not always be possible. If you continue to use the e-chama Service after we have given you such notice you will be deemed to have accepted such amendments and the e-chama Terms, as amended.
   2. We reserve the right at all times to suspend or terminate the e-chama Service at any time for the purposes of dealing with any technical defects (including but not limited to the e-chama Service becoming unavailable or subject to extensive delays) which may arise, making any improvements to the Mobiloan Service or for any other reason whatsoever. We will provide you with reasonable notice before we suspend or terminate the e-chama Service, unless the defect is urgent or we are forced to suspend or terminate the e-chama Service in an emergency.
   3. In the very unlikely event that the e-chama Service has been suspended or terminated in accordance with Clause b) above, We will endeavour to repair or fix the defect or carry out the modification as soon as is reasonably practicable and Save A Life Missions will not incur any liability for any direct or indirect loss (including loss of profit, sales, business or revenue, loss of business opportunity, goodwill or reputation or loss of anticipated savings) or damage which you have incurred as a result of the suspension or termination of the e-chama Service.

1. You hereby agree to pay Save A Life Missions the e-chama registration fees.
2. You hereby agree to pay the level upgrade fees.
3. You shall pay to your upline the new-member introduction bonus.
4. You hereby agree to make all payments/transaction fees towards your e-chama contributions through the officially communicated channels of MPESA Paybill. You acknowledge that any cash payments made by yourself to agents representing or purporting to represent the Parties shall be done at your own risk, and you indemnify the Parties from any liability related to such cash payments done by yourself.

1. You may request for a statement or activity report in respect of your e-chama account by contacting Save A Life Missions on help@echama.co.ke. The Mini Statement shall be sent to you via email or text within reasonable time from the time the request is initiated by the member.
2. Save for a manifest error, an e-chama Statement issued to you aforesaid in respect of your e-chama Account shall be conclusive evidence of the transactions carried out on your e-chama Account for the period covered in the Statement.

1. It is your sole responsibility to familiarize yourself with the operating procedures for the service that will be provided by the Parties upon your registration to the Service. The Parties will not be liable for any losses incurred because of your errors either of commission and/or omission.
2. You hereby irrevocably authorize the Parties to act on all Requests received by the Parties from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
3. If you request the Parties to cancel any transaction or instruction after a Request has been received by the Parties from you, the Parties may cancel such transaction or instruction upon sufficient proof provided by you that such transaction ought to be reversed.
4. The Parties 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 its absolute discretion, the Parties believe that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
5. The Parties are authorized to effect such orders in respect of your e-chama Account as may be required by any court order or competent authority or agency under the applicable laws of Kenya.
6. In the event of any conflict between any terms of any Request received by the Parties from you and these Terms and Conditions, these Terms and Conditions shall prevail.

1. You hereby allow us to use your personal information for: statistical analysis; to develop and improve the e-chama Platform and related products; to update your records; to identify which of our, or others’ products might interest you; to assess lending and insurance risks; to arrange, underwrite and administer insurance and handle claims; to identify, prevent, detect or tackle fraud, money laundering and other crime; to carry out regulatory checks; keeping you informed about your lending or borrowing and for market research.
2. If you provide false or inaccurate information or fraud is identified, your details and such information will be passed to the relevant Government or regulatory Authorities.
3. we will keep your personal information confidential and only give it to others:
   1. if you ask us to or give us your permission to do so;
   2. to investigate, prevent or detect fraud or carry out checks against money laundering;
   3. to share Information via any organization which provides a centralized application matching service which it collects from and about mortgage and/or credit applications, for the purpose of preventing and detecting fraud;
   4. to meet our obligations to any relevant regulatory authority or taxing authority;
   5. if we have to by law, the law allows it, or it is in the public interest; or
   6. if all of the assets which we use to operate the e-chama Platform (or substantially all of them) are acquired by a third party, we may transfer personal information we then hold to that party so that the acquirer can continue to operate the e-chama Platform; and
4. We may check your details with a fraud prevention agency or agencies, and if you give us false or inaccurate Information and we suspect fraud, we will record this. We and other organizations (including Government and relevant regulatory Authorities) may use, search and access these records from Kenya and other countries to: help make decisions about credit and credit related services, for you; trace debtors, recover debt, prevent fraud; or check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity.
5. We may monitor, record, store and use any telephone, email, electronic or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.

1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the e-chama System and the Services.
2. You shall be responsible for ensuring the proper performance of your Equipment. the Parties shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, nor shall the Parties be responsible for any virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and the Parties shall not be responsible for losses or delays caused by any such service provider.
3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Parties concerning the use of the e-chama System and Services.
4. You are entitled to opt-out from receiving marketing material, if you so wish.
5. You shall, at all times, submit accurate and true information and promptly update such registration information as necessary.
6. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your e-chama PIN secret and secure. You shall ensure that your e-chama PIN does not become known or come into possession of any unauthorized person. The Parties shall not be liable for any disclosure of your e-chama PIN to any third party and you hereby agree to indemnify and hold the Parties harmless from any losses resulting from any e-chama PIN disclosure.
7. You shall take all reasonable precautions to detect any unauthorized use of the e-chama System and the Services. To that end, you shall ensure that all communications from the Parties are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.
8. You shall immediately inform Save A Life Missions through help@echama.co.ke in the event that:
   1. You have reason to believe that your e-chama PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or
   2. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
9. You shall always , follow the security procedures notified to you by the Parties from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your e-chama Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.
10. You shall not, at any time, operate or use the e-chama Services in any manner that may be prejudicial to the Parties.
11. You shall be responsible for checking your statements whether you receive a statement reminder or an e-chama notification.
12. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the e-chama system after the publication of the variations and amendments.

You undertake not to use the e-chama Platform to:

1. harvest or collect email addresses or other financial, personal or contact Information of members or other users from the e-chama Platform by electronic or other means for the purposes of sending unsolicited communications or inviting any person to be part of other programs outside the e-chama Platform;
2. use the e-chama Platform in any unlawful manner or in any other manner that could damage, disable, overload or impair the e-chama Platform or the servers on which it is hosted;
3. use automated scripts to collect any information from or otherwise interact with the e-chama Platform;
4. upload, post, publish, display, transmit, share, store or otherwise make available on the e-chama Platform any Information that we may deem fit:
5. distribute information which is misleading, harmful, threatening, unlawful, libellous, defamatory, infringing of any intellectual property rights, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
6. upload software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. be used for unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
8. access the private Information of any third party, including, without limitation, addresses, phone numbers, email addresses, Personal Identification Numbers, telephone numbers or other identifiers,
9. or to attempt to promote or market any goods or services for your own financial benefit;
10. register on the e-chama Platform more than once or register on the e-chama Platform on behalf of an individual other than yourself, or register on the e-chama Platform on behalf of any entity without that entity’s prior written authorization;
11. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity; use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the e-chama Platform;
12. solicit information from any other user of the e-chama Platform or solicit passwords or personally identifying Information for commercial or unlawful purposes; or
13. invite any person to lend or borrow money outside the e-chama Platform or to transact on the basis of any change (other than a change agreed with Save A Life Missions) to these Terms, any Loan or any other terms or conditions contained in the e-chama Platform.
14. You are solely responsible for any content that you upload to the e-chama Platform. You may not post, transmit, or share personal information on the e-chama Platform that is incorrect, no longer valid or which you did not create or that you do not have permission to display or post.
15. You agree to indemnify and hold each other customer, us, our subsidiaries and affiliates, and each of the Parties directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of your personal information, your use of the e-chama Platform including any funds transfers made through the e-chama Platform, your conduct in connection with the e-chama Platform or with other users of the e-chama Platform, or any violation of these Terms or of any law or the rights of any third party.

1. The Parties shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the Parties 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, and failure of any public or private telecommunications system.
2. The Parties will not be liable for any losses or damage suffered by you as a result of or in connection with:-
   1. Unavailability of sufficient funds in your Mobile money Account,
   2. Failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, e-chama System,
   3. Your failure to give proper or complete instructions for payments relating to your e-chama Account,
   4. Any fraudulent or illegal use of the Services, the e-chama System and/or your Equipment; or
   5. Your failure to comply with these Terms and Conditions and any document or information provided by the Parties concerning the use of the System and the Services
3. If for any reason other than a reason mentioned in subparagraphs (a) or (b), the Services are interfered with or unavailable, the Parties’ sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
4. Save as provided in subparagraph (c) the Parties shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
5. Under no circumstances shall the Parties 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 Save A Life Missions.
6. Save A Life Missions shall only be liable for foreseeable loss or damage arising directly out of its own breach of these Terms, negligence or willful misconduct.
7. We shall not be liable for any loss or damage arising out of or in connection with:
   1. any error or inaccuracy in the information entered by you or any other e-chama member
   2. any of the information available on the e-chama Platform; or
   3. any breach, negligence, breach of contract, misrepresentation or willful misconduct relation you and your members.
8. In no circumstances shall the Parties be liable for any indirect, special or consequential loss or damage, including loss or damage arising out delay or failure to perform our own obligations under these terms due to circumstances beyond our own reasonable control.
9. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

1. You acknowledge that the intellectual property rights in the e-chama System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that Save A Life Missions provides to you through the System or otherwise are vested either in Save A Life Missions or in other persons from whom Save A Life Missions has a right to use and to sub-license the System and/or the said documentation. 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 Save A Life Missions.

1. In consideration of the Parties complying with your instructions or Requests in relation to e-chama, you undertake to indemnify the Parties and hold it harmless against any loss, charge, damage, expense, fee or claim which the Parties suffer or incur or sustain thereby and you absolve the Parties from all liability for loss or damage which you may sustain from the Parties acting on your instructions or requests or in accordance with these Terms and Conditions.
2. The indemnity in clause (a) shall also cover the following:
   1. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Parties 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 Parties 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 the Parties.
   2. 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.
   3. Any unauthorized access to your e-chama 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.
   4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by Save A Life Missions as a consequence of any breach by these Terms and Conditions.
   5. Any damages and costs payable to the Parties in respect of any claims against the Parties for recompense for loss where the particular circumstance is within your control.

1. The Parties may at any time, upon notice to you, terminate or vary its business relationship with you and close your e-chama account within such time as the Parties may determine if there’s confirmation of fraud.
2. Without prejudice to the Parties rights under clause (a) of this section, the Parties may at its sole discretion suspend or close your e-chama account following a notice of the same provided by the Parties:
   1. If you use e-chama for unauthorized purposes or where detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
   2. If you provide any information that is untrue, inaccurate, not current, or incomplete, the Parties has the right to not only suspend or terminate your account but also refuse any and all current or future use of the e-chama System;
   3. If your agreement with the Parties or your team members is terminated for whatever reason;
   4. If the Parties are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
   5. If the Parties reasonably suspects or believes that you are in breach of these Terms and Conditions;
   6. Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety that shall be sent to the member;
   7. To facilitate update or upgrade the contents or functionality of the Services from time to time upon provision of a notice to the member;
   8. Where you remain inactive for a period of time exceeding 200 days; or
   9. If the Parties decide to suspend or cease the provision of the Services for commercial reasons, notice of which will be sent to the member by way of [e-mail or SMS] before the suspension/termination of the member’s account.
3. You may close your e-chama Account by opting out of the service at any time if termination shall not affect any accrued rights and liabilities of either Party and your e-chama members,
4. If your e-chama Account has any credit balance at the time of its closure, we will return 50% any such balance to you based on set terms.
5. If the Parties receive notice of your demise, the Parties will not be obliged to allow any operation or withdrawal from your e-chama Account by any person except upon production of a Grant of Letters of Administration or Grant of Probate and a Confirmation of Grant by your legal representatives duly appointed by the Court.

1. You hereby expressly consent and authorize the Parties to receive, record, disclose or utilize your personal information or information or data relating to your e-chama Account:
   1. 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;
   2. to and from Save A Life Missions’ service providers, dealers, agents or any other company that may be or become Save A Life Missions’ subsidiary or holding company for reasonable commercial purposes relating to the Services;
   3. to the Parties lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
   4. to a Network in connection with the Mobile Money Service and the Services;
   5. for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
   6. in business practices including but not limited to quality control, training and ensuring effective e-chama systems operation.

1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement between you, your personal representatives, heirs and permitted assigns/successors in title and assigns and the Parties.
2. You may not assign this Agreement and any rights or liabilities accruing thereunder to any other person unless expressly permitted in writing by the Parties.
3. The Parties may vary or amend these Terms and Conditions and the registration Fees, subject to prior notice to you. Any such variations or amendments may be notified to you via SMS, published in posters, in the daily newspapers, on e-chama website and/or by any other means as determined by the Parties and any such variations and amendments shall take effect within a period of 7 days from publication.
4. No failure or delay by either yourself or the Parties in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
5. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
6. If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.
7. Any addition or alteration to these Terms and Conditions may be made from time to time by the Parties and of which notice has been given to you by way of publication as provided in subparagraph 16.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.
8. The Parties’ failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
9. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or the use of the e-chama Services.
10. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
11. Except with respect to member’s obligation to meet level requirements, neither Party shall be liable for any loss resulting from delay or failure to perform this Agreement, either in whole or in part, where any such delay or failure is due to a Force Majeure Event.
12. The member accepts and acknowledges that this is a legal and binding agreement between the Customer and the Parties once accepted by both parties.
13. Choice of Law: These Terms are in English and governed by Kenyan law which shall also apply to the establishment of our relationship with you. We will only write and communicate with you in English. By accepting these Terms you confirm that you are able to read and understand English.
14. Taxes: If any taxes apply to you as a result of entering into these Terms or as a result of entering into e-chama you must account for them yourself.
15. We may transfer our rights and obligations under these Terms to another person, and we will notify you in writing if this should happen. You are not permitted to transfer or assign your rights or your obligations under these Terms to any other person.
16. “We,” “our,” and “us,” means the Parties and includes its successors in title and assigns;
17. “You” or “your” means the member and includes your personal representatives and heirs;
18. The word “Member” shall include both the masculine and the feminine gender as well as juristic persons;
19. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
20. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.