1. TERMS AND CONDITIONS GENERAL
1.1 These terms and conditions of use (“Terms”) are between Onit Microfinance Bank Limited, a limited liability company incorporated in Kenya and regulated by the Central Bank of Kenya (“Onit”) and the users (“you”) of Onit’s website (www.onitbank.com) and Onit’s mobile applications (including iOS, Android and Web applications (Apps)) together, the Services and Service shall be construed accordingly.
1.2 Please read these Terms carefully before you click the “I accept the Terms” button.
2. BINDING TERMS
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Onit. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
3. AMENDMENTS
3.1. Onit may amend the Terms related to the Services from time to time. Amendments will be effective upon Onit posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. However, if such amendments affect our use of your personal data Onit will seek your consent for such amended use.
3.2. Our collection and use of personal information in connection with the Services is as provided in Onit’s Privacy Policy located at https://www.onitbank.com/privacy-policy.
4. USER OF THE SERVICES
4.1. Use of the Services does not include the provision of a mobile device or other necessary equipment to access it. To use the Services you will require Internet connectivity and appropriate telecommunication links. Onit shall not have any responsibility or liability for any mobile, data or other costs you may incur.
4.2. To download, install, access or use the Services, you must be 18 years of age or over. If you are under 18 and you wish to use download, install, access or use the Services, you must get consent from your parent or guardian before doing so.
4.3 Prior to using the Services, you must sign up by providing the requested information (which may include but not limited to personal information such as gender, name, location, mobile phone number and age) in the “Sign Up” application on the Services and uploading necessary information as required by us.
4.4 You may sign up either as a legal or natural person. Upon successful completion of the “Sign Up” application, we will provide you with a personal account via username and a password. By clicking the “Sign Up” button located at the end of the sign-up application, you represent and warrant that:
4.4.1. you are above the age of eighteen (18) years;
4.4.2. all the information you have presented to us is accurate, correct and complete;
4.4.3. you will keep your account accurate and profile information updated at all times;
4.4.4. you will not authorize other persons to use your account nor transfer or assign it to any other person; and
4.4.5. you will not use the Services for unauthorized or unlawful purposes and impair the proper operation of the Services.
4.5. Only persons who pass Onit’s acceptance criteria and conform to these Terms will be enrolled for an Onit account.
4.6. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the Services or Onit’s termination of these Terms with you.
4.7. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by Onit in writing, you may only possess one account.
4.8. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your mobile devices and for keeping your username, log in details and PIN secret and secure.
4.9. You shall ensure that your username, log in details and password does not become known or come into possession of any unauthorized person. Onit shall not be liable for any disclosure of your username, log in details and PIN to any third party and you hereby agree to indemnify and hold Onit harmless from any losses resulting from any username, log in details and PIN disclosure.
4.10. Your Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. Onit may also impose restrictions on the length and manner of usage of any part of the Services for any reason. If Onit imposes restrictions on you personally, you must not attempt to use the Services under any other name or user or on any other mobile device.You hereby expressly consent and authorize Onit to disclose receive record or utilize your personal information or information or data relating to our use of the Services:
4.11.1.to and from the Onit’s service providers, partners including other financial institutions, dealers, agents or any other company that may be or become Onit’s subsidiary or holding company for reasonable commercial purposes relating to the Services;
4.11.2.to a Credit Reference Bureau;
4.11.3.to Onit’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
4.11.4.for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities;
4.11.5.in business practices including but not limited to quality control, training and ensuring effective systems operation; and
4.11.6.to any Kenyan, foreign or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of Kenya or any other country and or as Onit may deem necessary.
5. OUR CONTRACT WITH YOU
5.1. These Terms and Contract constitutes the entire agreement between us in relation to its subject matter.
5.2 You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms and Contract. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Services for the purpose of use on the Services or for generally marketing (by any means and in any media, including, but not limited to, sms, emails, on our website or in our journals) Onit’s products. You agree that you waive your moral rights to be identified as the author and that we may modify your submission.
5.3. Commentary and other materials available on the Services are not intended to amount to advice on which reliance should be placed. Onit therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any user of the Services, or by anyone who may be informed of any of its contents.
5.4. You assume sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use. Onit shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Onit by you in connection with the Services, or any actions taken by Onit at your direction.
5.5. You agree to comply at all times with any instructions for use of the Services which Onit makes from time to time.
5.6. Terms and the Contract are made only in the English language.
6. REPORTING UNAUTHORISED ACCESS
6.1. You shall immediately inform the Onit through the Customer Care Centre in the event that:
6.1.1. You have reason to believe that your username, log in details and password is or may be known to any person not authorized to know the same and/or has been compromised; and/or
6.1.2. 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.
6.2. You shall at all times follow the security procedures notified to you by Onit 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 account 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.
7. LICENSE
7.1. Subject to your compliance with these Terms, Onit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
7.1.1. access and use the mobile application and online platforms on your personal device solely in connection with your use of the Services; and
7.1.2. access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use.
7.2. Any rights not expressly granted herein are reserved by Onit and Onit’s licensors.
8. OWNERSHIP
The Services and all rights in the Services are and shall remain Onit’s property or the property of Onit’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
8.1. in or related to the Services except for the limited license granted above; or
8.2. to use or reference in any manner Onit’s company names, logos, product and service names, trademarks or services marks or those of Onit’s licensors.
9. RESTRICTIONS
You shall not in any way use the Services:
9.1. in breach of any law, statute, regulation of any applicable jurisdiction;
9.2. in a manner that is fraudulent, criminal or unlawful;
9.3. in a manner that infringes or breaches the copyright or any intellectual property rights (including without limitation copyright or trademark rights) or privacy or other rights of us or any third party;
9.4. in manner that may be contrary to our interests;
9.5. in a manner that may be contrary to any specific rule or requirement that we stipulate in the Services in relation to a particular part of the Services or the Services generally;
9.6. to reproduce, modify, distribute, license, sell, transfer, transmit, or otherwise exploit the Services except as expressly permitted by Onit;
9.7. to decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
9.8. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or
9.9. in a manner that involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10. TEXT MESSAGING
By creating an account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services as set out in the Privacy Policy.
11. NETWORK ACCESS AND DEVICES
11.1. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Apps and any updates thereto. Onit does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
11.2. You shall be responsible for ensuring the proper performance of your mobile devices. We shall neither be responsible for any errors or failures caused by any malfunction of your mobile device, and nor shall Onit be responsible for any computer virus or related problems that may be associated with the use of the Services and mobile device. You shall be responsible for charges due to any service provider providing you with connection to the network and Onit shall not be responsible for losses or delays caused by any such service provider.
12. DISCLAIMER
12.1. The Services are provided “as is” and “as available”. Onit disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12.2. In addition, Onit makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free. Onit does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Services, remains solely with you, to the maximum extent permitted under applicable law.
12.3 Onit further makes no warranty that:
12.3.1.your access to the Services will be uninterrupted, timely or error-free. Due to the nature of your internet connectivity, this cannot be guaranteed. In addition, Onit may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
12.3.2.that the Services will be compatible with all hardware and software which you may use. Onit shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. Onit shall also not be liable for the actions of third parties.
13. LIMITATION OF LIABILITY
13.1 Onit shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services.
13.2. To the maximum extent permitted by law, neither Onit, nor Onit’s representatives, directors and employees shall be liable for any damages, liability or losses arising out of:
13.2.1.your use of or reliance on the Services or your inability to access or use the Services;
13.2.2.any direct or indirect property damage or monetary loss;
13.2.3.any loss of business, contracts, contacts, goodwill, profits, reputation and any loss that may arise from interruption of your business arising from use of the Services; or
13.2.4.any transaction or relationship between you and any third-party provider.
13.3. Onit shall not be liable for delay or failure in performance resulting from causes beyond Onit’s reasonable control.
13.4. Onit’s aggregate liability to you in respect of any contract to provide the Services to you under these Terms shall not exceed the transaction value under the contract. Each separate instance you use the Services shall constitute a separate Contract for the purpose of this section.
14. INDEMNITY
14.1. You agree to indemnify and hold Onit and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including advocates fees) arising out of or in connection with:
14.1.1.your use of the Services;
14.1.2.your breach or violation of any of these Terms;
14.1.3.Onit’s use of your content; or
14.1.4.your violation of the rights of any third party, including third party providers.
14.2. You hereby release Onit, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other Services users.
15.TERM AND TERMINATION
15.1. The Terms specified herein shall enter into force as of the date of submitting the Signup application.
15.2. You may terminate these Terms and Contract at any time by notifying Onit, at least seven (7) days in advance after which your right to use the Services shall terminate.
15.3. Onit may terminate the Terms and the Contract at any time and for any reason at the sole discretion of Onit by notifying you at least three (3) days in advance.
15.4. Onit may be entitled to immediately terminate these Terms and block your access to the Services without giving any advance notice in case you breach these Terms, any applicable laws or regulations, disparage Onit, or cause harm to Onit’s brand, reputation or business as determined by Onit in its sole discretion. In the aforementioned cases Onit may, at its own discretion, prohibit you from registering a new account.
15.5. The termination of the Terms and the Contract shall not affect your rights or Onit’s rights and remedies that have accrued as at termination.
16. EVENTS OUTSIDE OUR CONTROL
16.1 Onit will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by any act or event beyond Onit’s reasonable control (Event Outside Onit’s Control).
16.2. If an Event Outside Onit’s Control takes place that affects the performance of Onit’s obligations under the Contract: 16.2.1.Onit will contact you as soon as reasonably possible to notify you; and
16.2.2.Onit’s obligations under the Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Onit’s Control.
16.3. You may cancel the Contract affected by an Event Outside Onit’s Control which has continued for more than 30 days. To cancel please contact Onit’s customer care.
17. NOTICES
17.1. Onit may give notice by means of a general notice on the Services, by written communication sent as an SMS to your registered telephone number or through a phone call from its official customer care number.
17.2. You may give notice to Onit by written communication to Onit’s address set out above or on the Services platform.
18. ASSIGNMENT
18.1. Onit may assign or transfer its rights under these Terms and the Contract to another entity (but Onit will always notify you in writing by posting on this on the Services).
18.2. You shall not transfer or assign your rights or your obligations under these Terms and Contract to another person.
19. THIRD PARTY RIGHTS
This Contract is between you and Onit. No other person has any rights to enforce any of its terms.
20. APPLICABLE LAW AND JURISDICTION
21. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Kenya.
22. The parties will attempt in good faith to negotiate a settlement to any dispute or differences between them arising out of or in connection with this Terms within twenty (20) business days of either party notifying the other of the dispute or differences. Nothing in this dispute resolution procedure will prevent the disputing parties from seeking from any court of competent jurisdiction an interim order restraining the other party from doing any act or compelling the other party to do any act. If the dispute cannot be resolved by the disputing parties, the dispute shall be referred to and finally determined by arbitration in accordance with the Kenya Arbitration Act 1995 and the Rules of the Kenya branch of the Chartered Institute of Arbitrators, which Rules are deemed to be incorporated in this Agreement. The arbitration shall take place at such venue as the disputing parties shall agree. The arbitration proceedings shall be conducted by one arbitrator appointed by the disputing parties failing which by the Chairman for the time being of the Institute of Chartered Arbitrators, Kenya Branch on the application of a disputing party. The language of the arbitration shall be English.
If you have any questions or comments regarding the Terms, the Services and the Contract please contact Onit by sending an email to the address or calling the phone number specified on Onit’s Services platform.
Last Updated: 20th March 2024.