Kava App Terms & Conditions

The Terms and Conditions below were​​ written​​ by our company lawyers, so naturally they may contain some heavy jargon. However, should you read through them and get lost, no worries, Just pick up the phone and ask us whatever question you​​ have. Our customer care team would be delighted to answer any questions you have - in plain English.

  • THE AGREEMENT

This Agreement sets out the complete Terms and Conditions (hereinafter called "these Terms and Conditions") which shall be applicable to the​​ Kava App and products & services (as hereinafter defined) created and operated by you within Kava Mobile App.

These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

This Agreement is a​​ financial-services and an end-user license agreement between you and Kava Africa Limited a company duly incorporated under the laws of the Republic of Kenya for the mobile application software, the data supplied with the software and the associated Services.

  • DEFINITIONS & INTERPRATIONS

For the purposes of this Agreement and the preamble above, unless the context requires otherwise:

Agreement​​ means this Agreement;

App, Mobile App or Kava App​​ means Kava’s mobile application software and all supporting technology systems and platforms.

Business Day​​ means a day other than a Saturday, Sunday or national or public holiday in the relevant country or jurisdiction;

Credentials​​ means your personal details and permissions, such as user name and password, used to​​ access the App and operate your Account;

Credit Reference Bureau or CRB​​ means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to​​ time, to inter alia, collect and facilitate the sharing of customer credit information;

Encumbrance​​ includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title​​ retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person;

Equipment​​ includes your mobile phone handset, tablet, SIM Card and/or any​​ other gadget or equipment which when used together enables you to access the App, Network and related Services;

Force Majeure​​ means events, circumstances or causes beyond its reasonable control of Kava making Kava’s performance of its​​ obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labour disputes, embargoes or government orders;

Kava Account​​ means​​ your service account created and used by a user consuming Kava’s products and services;

Loan Account​​ means your loan account(s) with Kava

Loan​​ means the principal amount of the loan advanced by Kava to you under this Agreement from time to time through the App and/or any other channel or, as the context requires, any principal amount of a loan outstanding at any given point in time;

Loan Repayment or Loan Recovery​​ means collection of an amount due that continues to go unpaid.

Mobile Money​​ means the mobile phone-based money transfer and payments service operated by the Mobile Money Service Providers in Kenya (and elsewhere);

Mobile Money Provider​​ means a Mobile Network Operator that has been duly authorized by the relevant Regulatory Authority under applicable law to offer Mobile Money Services in any given country as applicable;

Mobile Network Operator​​ means a mobile network operator registered with the relevant Regulatory Authority in any given country as applicable.​​ 

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 for the provision of the Mobile Money Service;

Network​​ means a mobile cellular network operated by a Mobile Network Operator;

Non-repayment​​ means act of not paying back a loan previously borrowed from Kava

Privacy Policy​​ means the Kava privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, applied and generally used by Kava;

Products and/or Services​​ means any form of financial services including loans or related that Kava may offer you pursuant to this Agreement and as you may from time to time subscribe to;

Request​​ means a request or instruction received by​​ Kava from you or purportedly from you through the Network and the System and upon which Kava is authorized to act;

Repayment Terms​​ means the stipulated period between when a loan is disbursed and the due repayment date

SMS​​ means a text message transmitted​​ to your mobile from Kava or the Network;

System​​ means Kava’s electronic communications software enabling you to communicate with Kava for purposes of the Services. The System and the Services will, for the purpose of this Agreement, be accessed through a Network, Web Portal, or any other access channels as may be provided to you by Kava from time to time;

Transaction or Access Fees or Charges means​​ any fees and charges payable for the use of the Services as published by Kava through the System or by such​​ other means as Kava shall in its sole discretion determine. Fees and/or Charges are subject to change at any time at Kava’s sole discretion.

Terms and Conditions​​ refer to this User Agreement together with Kava privacy policy and the Credit Advance offer pages;

Us​​ means Kava Africa Limited as a party to this Agreement;

“You”​​ and​​ “Your”​​ refers to a Kava account holder, duly registered on the platform for purposes of accessing the service.​​ 

  • ACCEPTANCE OF TERMS AND CONDITIONS

    • Before Applying to register on the​​ Kava App, you must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Kava, that will govern the use of the App and the Loan Account, before using the App or registering with Kava.

    • You will​​ be deemed to have read, understood and accepted these Terms and Conditions: -

      • upon clicking on the “Register” option on the Kava App requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

      • by using or continuing to use and access Kava products & services.

    • By registering and accessing the products and services on the Kava App, you agree to comply with and be bound by these Terms and Conditions and you affirm that these Terms and Conditions herein are without​​ prejudice to any right that Kava may have with respect to the Kava App, products and services in law or otherwise.

    • These Terms and Conditions may be amended or varied by Kava from time to time and the continued use of the Kava App, products and​​ services constitutes your agreement to be bound by the terms of any such amendment or variation.

  • CREATING A KAVA ACCOUNT

    • In order to register on the Kava, you must be atleast 18 years old and a registered holder of the Kava App.

    • Kava reserves the right to​​ verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider.

    • Kava reserves the right to verify the authenticity of your Personal Identity details with the relevant authority and/or other depository of such verifiable information.

    • Kava’s acceptance of your application for the Products & Services will be displayed on the App. You hereby acknowledge and accept that the acceptance by Kava of your application for a Product or Service does not create any contractual relationship between you and the Mobile Money Providers beyond the terms and conditions that apply to your Mobile Money Account from time to time.

    • Kava reserves the right to decline your application for the Kava Account, Products and Services and/or to revoke the same at any stage at Kava’s​​ sole and absolute discretion and without assigning any reason or giving any notice thereto.

    • Kava reserves the right (in its sole and absolute discretion) to provide, decline to provide the requested Product and/or vary the​​ terms of the Products depending on its assessment of the profile of each user from time to time. The terms and Fees payable in relation to each Product application will be displayed on the App.

    • If your Account has a credit balance at any time as a result​​ of overpayment of your Loan or for any other Product, you may issue a Request to Kava for payment of such credit balance and Kava will return any such balance to you, less any applicable fees, provided that such amount falls above the minimum transfer amounts specified by the relevant Mobile Money Provider and/or Kava, whichever is applicable.

  • KAVA LOAN ACCOUNT TYPES

    • By registering on the Kava App, you will be entitled, subject to these Terms and Conditions, to access Kava Loans from which you will be able​​ to make loan requests, view your loan status and make repayments from your Mobile Money Account as follows: ​​ 

    • GENERIC LOAN (REJA REJA)

      • You may apply for a Generic loan from Kava using the Kava App Menu on your Phone.

      • Where you apply for a loan from​​ Kava, your application shall be appraised according to the applicable Kava loan appraisal processes. Kava reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.

      • Subject​​ to approval of your application for a loan Kava shall disburse to you a loan of an amount to be determined by Kava in its sole discretion subject to a minimum amount of Kenya Shillings Five Hundred (Kshs. 500/=) up to a​​ maximum of Kenya Shillings Twenty Thousand (20,0000/=) or such other minimum or maximum amount as Kava may from time to time in its sole discretion determine (the “Loan”).

      • You may at your discretion chose to repay your loan in a period of​​ upto Sixty​​ Two (62) calendar days from the date you borrow as displayed on the Kava Loan Product Menu.

      • The proceeds of the Loan shall be credited into your Mobile Money Account subject to any deductions on account of applicable Transaction Fees.

    • SALARY-BACKED LOAN​​ 

      • You may apply for a Salary Advance loan from Kava using the Kava App Menu on your Phone subject to you being a registered​​ employee and your employer joining the Kava Salary Loans scheme.

      • Where you apply for a salary-backed loan from Kava, your application shall​​ be appraised according to the applicable Kava loan appraisal processes. Kava reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.

      • Subject​​ to approval of your application for a loan Kava shall disburse to you a loan of an amount to be determined by Kava in its sole discretion subject to a maximum of 70% of your Salary or such other minimum or maximum amount as Kava may from time to time in its sole discretion determine (the “Loan”).

      • You may at your discretion chose to repay your loan in periods of up to ninety (90) calendar days from the date you borrow as displayed on the Kava Loan Product Menu.

      • The proceeds of the Loan shall be credited into your​​ Mobile Money Account subject to any deductions on account of applicable Transaction Fees.

  • FEES & CHARGES

      • In consideration of Kava granting you the Loan, you shall pay Kava a facility fee ranging between 5% - 25% of the Loan amount (the​​ “Facility Fee”). The Facility Fee shall be paid by you in advance in addition to the Loan repayment.

      • You will be required to pay Transaction Fees or any other charges or commissions to Kava in respect of transactions effected between your Loans Account and your M-PESA Account.

      • Kava shall be entitled to set and charge Fees/Charges, in connection with your use of loan services and may from time to time amend or vary its Fees for the Services at its absolute and sole discretion. The Fees payable by you to Kava in relation to loan Services shall be displayed by Kava on the App or other Channel as may be determined by Kava from time to time.

  • REPAYMENTS & DEFAULT

    • GENERIC LOAN

      • You shall make all payments due from you to Kava in respect of the Loan and Transaction Fees using the​​ M-PESA Service only.

      • In the event that you do not repay the Loan in full within the stipulated calendar days from the date of disbursement of the Loan, Kava will automatically charge a Rollover fee on the outstanding amount in respect of the Loan including​​ the Facility Fee.

      • An event of default (Event of Default) occurs when you:​​ 

        • Fail to pay any sum payable for a Loan granted to you by Kava under these Terms and Conditions for a period of Sixty Two (62) consecutive days beyond the communicated due date, unless failure to pay is caused solely by an administrative error or technical problem; or you are declared bankrupt.

      • At any time after an Event of Default has occurred which is continuing, Kava may, without prejudice to any other right or remedy granted to it under any law:

        • Terminate this Agreement in accordance with clause 9 below;

        • Declare that the Loan (and all accrued interest and all other amounts outstanding under this Agreement is immediately due and payable, whereupon they shall become immediately due​​ and payable; and

        • Supply information concerning the Event of Default to Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request.

    • SALARY ADVANCE LOAN

      • All payments due from you to Kava in respect of the Loan and Transaction Fees will be paid through your employer by recovering the due amounts from your monthly salary.

      • In the event that you your employer does not repay the Loan in full within the stipulated​​ calendar days from the date of disbursement of the Loan, Kava will automatically charge a Rollover fee on the outstanding amount in respect of the Loan including the Facility Fee.

      • An event of default (Event of Default) occurs when your Employer:​​ 

        • Fails to pay any sum payable for a Loan granted to you by Kava under these Terms and Conditions for a period of ninety (90) consecutive days beyond the communicated due date, unless failure to pay is caused solely by an administrative error or technical problem; or the Employer is declared bankrupt.

      • At any time after an Event of Default has occurred which is continuing, Kava may, without prejudice to any other right or remedy granted to it under any law:

        • Terminate this Agreement in accordance with clause 9​​ below;

        • Declare that the Loan (and all accrued interest and all other amounts outstanding under this Agreement is immediately due and payable, whereupon they shall become immediately due and payable; and

        • Supply information concerning the Event of Default to​​ Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request.

  • VARIATION AND TERMINATION

    • Kava may at any time, upon notice to you, terminate or vary its business relationship with you and close your Kava Account and in particular but without prejudice to the generality of the foregoing, Kava may cancel credits which it has granted and require the repayment of outstanding debts resulting from such credits within such time as Kava may determine.

    • Without prejudice to Kava’s rights under clause 9.1 Kava may at its sole discretion suspend or close your Account:

      • If you use the Account for unauthorized purposes or where Kava detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

      • If Kava reasonably suspects that your Account has been unlawfully infiltrated or is being used for unauthorized or unlawful purposes by a 3rd Party, with or without your knowledge and​​ regardless of you having notified Kava of such prior unauthorized access.

      • If you cease to have a current and valid account or agreement with a Mobile Network Operator for whatever reason, where such account or agreement was required for purposes of your identity verification and/or credit appraisal;

      • If Kava is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

      • If Kava reasonably suspects or believes that you​​ are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable) which you fail to remedy (if remediable) within 14 days after the service of notice by phone, email, SMS or other means requiring you to do so;

      • Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; where your Account becomes inactive or​​ dormant;

      • If Kava decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion; or

      • If you breach any of the License Restrictions or the Acceptable Use Restrictions.

    • Termination shall however not affect any accrued rights and liabilities of either party.

    • If Kava receives notice of your demise, Kava will not be obliged to allow any operation or withdrawal from your Account by any person except​​ upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by a court of competent jurisdiction.

  • ACTIVITY REPORTS

    • Activity reports in respect to your Account will be made available via the “My Dashboard” page on the Kava App and/or other Channels as applicable.

    • Your Dashboard will show all amounts added or deducted from your Account. You must check your Dashboard carefully and notify Kava as soon as possible if it includes any transaction or other entry, which appears to you to be wrong or not made in accordance with your instructions.

    • Kava reserves the right to rectify discrepancies, add and/or alter the entries on your Dashboard, without prior notice​​ to you. Kava will however inform you of any rectification; additions and or alterations effected on your statements within a reasonable time after the changes are effected.

    • You will be notified of all transactions on your Account by way of SMS and/or Email and the charges for this service, if applicable, will be debited to your Account.

    • Save for a manifest error, the activity report displayed in respect to your Kava Account shall be conclusive evidence of the transactions carried out on your Kava Account for the period covered on the Dashboard.

  • TAXES

    • All payments to be made by you in connection with these Terms and Conditions are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay Kava an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.

    • You hereby consent and agree that Kava may withhold amounts in your Account if any tax authority requires Kava to​​ do so, or Kava is otherwise required by law or pursuant to agreements with any tax authority to do so, or if Kava needs to comply with internal policies or with any applicable order or sanction of a tax authority.

    • Kava shall not be held liable for any loss​​ or damage whatsoever, directly or indirectly arising from your failure to fulfill your tax obligations as provided under clause 12.1 above.

  • PERSONAL​​ INFORMATION

    • You hereby agree and authorize Kava to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider or Employer in relation to any current or past​​ financial, transactional and/or social information, and you further agree and consent to the disclosure and provision of such Personal Information by the Mobile Money Provide or Employer and further to indemnify and hold Kava and the Mobile Money Provider and/or Employer harmless with respect to any​​ claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.

    • You hereby agree and authorize Kava to obtain, disclose, receive, record and procure your Personal Information and Relevant Information from Other Providers, in relation to any current or past financial, transactional and/or social information, and you further agree and consent to the disclosure and provision of such​​ Personal Information by the Other Providers and further to indemnify and hold Kava and the Other Providers harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.

    • You hereby expressly consent and authorize Kava to obtain, disclose, receive, record or utilize your personal information or information or data relating to your Kava Account and any​​ details of your use of the Service from Other Providers:​​ 

      • for reasonable commercial purposes connected to your use of the Services, such as marketing, product-enhancement and research related activities; and

      • in standard business practices​​ including but not limited to quality control, training and ensuring effective systems operation.

    • You hereby agree and authorize Kava to verify information provided by you to Kava against the information held by Mobile Money Providers, Employers, and Other​​ Parties as described in Clause 12.3. above, and to further authorize Kava to use such verified Personal Information and the Relevant Information to the extent necessary in the opinion of Kava for the purposes of assessing, qualifying and/or providing the Products & Services to you and further to indemnify and hold Kava and the Mobile Money Providers, Employers, and Other Parties as described in Clause 12.3. ​​ harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of such verification.

    • The information that Kava may verify against the information held by the Mobile Money Providers, Employers and/or Other Providers includes (without limitation): your phone number, name, date of birth,​​ Identification Number (“ID”) or Passport Number and such other information that will enable Kava to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”) and to facilitate the safe provision of​​ the Service to you.

    • You hereby agree and authorize Kava to obtain and verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) data from your Phone, from any SMS sent to you by the​​ Mobile Money Providers and any financial services providers relating to your use of the Mobile Money and Network Services, geo-locational information, other financial and non-financial information and such other information as Kava shall require for purposes of providing you the Services (the “Relevant Information”) and further to indemnify and hold Kava harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the acquisition of​​ such data and/or Relevant Information.

    • You hereby agree and authorize Kava to obtain and procure your Personal Information from the Credit Reference Bureaus and you further agree and consent to the disclosure and provision of such Personal Information by the Credit Reference Bureaus ​​ and further to indemnify and hold Kava harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the acquisition and/or procurement of such Personal​​ Information and/or Relevant Information from the said Credit Reference Bureaus.

    • You acknowledge that Kava reserves the right to supply consumer credit information to the Credit Reference Bureaus, and in this regard:​​ you confirm that Kava may transmit to the Credit Reference Bureaus data about your usage of the App, opening and termination of an Account by you and further agree to indemnify and hold Kava harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses)​​ that may arise as a result of the transmission of such consumer credit information to the said Credit Reference Bureaus;

    • You acknowledge that information on non-compliance with the Terms and Conditions of this Agreement is transferred to the Credit Reference Bureaus and further agree to indemnify and hold Kava harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the transfer of such information concerning the said non-compliance to the said Credit Reference Bureaus; and

    • You acknowledge and accept that the Credit Reference Bureaus shall provide a credit profile and/or credit scores on your creditworthiness, subject to the credit record as held with them.

    • You acknowledge and accept that the Credit Reference Bureaus shall provide a credit profile and/or credit scores on your creditworthiness, subject to the credit record as held with them.

    • Kava reserves the right to request for further information from you pertaining to your application for an Account and/or a Service at any time. Failure to provide such information within the time required by​​ Kava may result in Kava declining to accept your application for an Account and/or a Service.

  • CUSTOMER RESPONSIBILITIES AND REQUESTS

    • You​​ hereby irrevocably authorize Kava to act on all Requests received by Kava from you (or purportedly from you) through the System and to hold you liable in respect thereof. Kava may nevertheless refuse to carry out any Requests in its sole and absolute discretion.

    • Subject to its discretion, Kava reserves the right to reject any Request in relation to a loan application and any other Service from you even if you have previously been issued with a loan and/or provided the Services by Kava.

    • Kava 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, Kava believes that it can correct the incomplete or ambiguous information in the Request without any reference​​ to you being necessary.

    • Kava 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 Kava may act if Kava has in good faith acted in the belief that such instructions have been sent by you.

    • Kava may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request​​ pending further enquiry or further confirmation (whether written or otherwise) from you.

    • ​​ You agree to and shall release from and indemnify Kava against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Kava having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.

    • You acknowledge that to the full extent permitted by law Kava shall not be liable for any​​ unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account PIN, password, ID or any means whether or not occasioned by your negligence.

    • Kava is authorized to effect such orders in respect of your 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 Kava from you and this​​ Agreement, this Agreement shall prevail.

  • EXCLUSION OF LIABILITY

    • Kava 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 Kava’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, and failure of any public or private telecommunications system.

    • Kava will not be liable for any losses or damage suffered by you as a result of or in connection with:-

      • failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, M-PESA System and/or M-PESA Service;

      • the money in your Savings Account being subject to legal process or other encumbrance restricting payments or transfers thereof;

      • any fraudulent or illegal use of the Services, the System and/or your Equipment; or

      • Your failure to comply with these Terms and Conditions and any document or information provided by Kava concerning the use of the System and the Services.

    • If for any reason other than a reason mentioned in subparagraphs 14.1 or 14.2, the Services are interfered with or unavailable, Kava’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

    • Save as provided in subparagraph 14.3 Kava shall not be liable to you for any​​ interference with or unavailability of the Services, howsoever caused.

    • ​​ Under no circumstances shall Kava 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 Kava.

    • All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

 

  • INTELLECTUAL PROPERTY RIGHTS

    • You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to Kava or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this Agreement. 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.

  • INDEMNITY

    • In consideration of Kava complying with your instructions or Requests in relation your Account, you undertake to indemnify Kava and hold it harmless against any loss, charge, damage, expense, fee or claim which Kava suffers or incurs or​​ sustains thereby and you absolve Kava from all liability for loss or damage which you may sustain from Kava acting on your instructions or requests or in accordance with these Terms and Conditions.

    • The indemnity in clause 16.1 shall also cover the following:

      • All demands, claims, actions, losses and damages of whatever nature which may be brought against Kava 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 Kava’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 Kava.

      • 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 unauthorized access to your 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 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 Kava as a consequence of any breach by these Terms and Conditions.

      • Any damages and costs payable to Kava​​ in respect of any claims against Kava for recompense for loss where the particular circumstance is within your control.

​​ 

  • NOTICES

    • Kava may send information concerning your Kava Account via SMS to the Mobile Phone number associated with your M-PESA Account.

    • You acknowledge that you have no claim against Kava for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to your Kava Account.

  • DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION

    • You may contact the Kava Customer Care Center to report any disputes, claims or Kava Loan Account discrepancies.

    • Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.