Payment Request Form - Pioneer Assurance (Page 2 of 3) in pdf

TERMS AND CONDITIONS FOR THE ACCESS AND USE OF THE MOBILE MONEY

SERVICES USING MPESA SERVICE

Introduction

The Mobile Money Payment Service (hereinafter “Service”) is a Service that allows Pioneer

6.4

Not to attempt to gain unauthorized access to any Service, material, information,

Assurance company Kenya Limited (hereinafter “the Company”) to pay to the policy holders

accounts, computer system or networks connected to the Service through hacking passwords or

any claims, benefits, refunds, loans by way of Mpesa mobile transfer services.

any other means.

6.5

To indemnify and hold us and our employees, subsidiaries and partners harmless from

The following terms and conditions shall govern your access and use of this Service and by

any third party claim or demand arising out of your wrongful use of the Service, or your breach

utilizing the Service you will be deemed to have read, understood and accepted the same.

of these Terms and Conditions or violation of any rights of another user of the Service.

6.6

To keep confidential and for your own security, all details of your account, electronic

serial number of any equipment, and any lock code(s) or Personal Identification Numbers used

by you.

6.7

To notify us immediately you become aware of any unauthorized use of your mobile

handset, Mpesa Personal Identification Number (PIN) and/or mobile number. We will not be

Definitions

liable for any loss you may incur as a result of a third party using your account with or without

your permission. You will indemnify us against losses incurred by us or by any other party due

to a third party using your account.

6.9

To pay all usage charges during the term of this Agreement. You acknowledge that you

“Conditions of Use “means these terms and conditions;

1.1.

have not relied and shall not rely upon any statement, representation or warranty made by us or

any of our employees other than as set out in these Terms and Conditions.

. “Equipment” includes your mobile phone handset or other equipment which when

1.2.

used together with the SIM card allows access to our Network;

. “Network” means the mobile cellular network operated by Safaricom, mobile

1.3.

Limitation of Liability

phone service provider in Kenya and the region;

We shall not be liable for any loss of use, business or profits or inconveniences or any indirect,

“Services” means the mobile money payment service we agree to make available

1.4.

special or consequential damages or losses, whether such losses or damages arise in contract,

to you from time to time;

negligence or not, including without limitation to the foregoing any losses in relation to:

. “Tariffs” means our charges for use of the Services as varied by us from time to

1.5.

7.1.

Your use of, reliance upon or inability to use our Service and/or Content;

time;

. “We” or “us” or “Company” means (its successors and or permitted assigns);

1.6.

7.2.

Delays in remission of the payments to the policyholder for whatever reason

Pioneer Assurance Company Kenya Limited.

“You” or “Policy holder” or “Customer” means the Company’s policy holder or

1.7.

7.3.

Amendment, variation, deletion or cancelation with or without notice or cause of the

customer that enrolls to use this Service

Terms and Conditions of Use of this Service

Acceptance of Terms

7.4.

Suspension, variation or cancellation of the Services with or without notice or cause

In order to access any of the Services you will be required to accept these terms and

conditions. You will be deemed to have accepted these terms by your completing and

execution of our registration form, confirming that you have read and accepted these terms

and returning the form to our offices.

Registration for the Service

Indemnity by You

You irrevocably agree to indemnify us and any of our third party providers (“together

indemnified persons”)fully against and to hold the indemnified persons harmless on demand

from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and

expenses) or liabilities howsoever incurred by the indemnified persons as a result of any claim

3.1

Registration for the Service: In order to access or continue to use certain Services, you

by a third party resulting from your use of the Service (or use of the Service by anyone who

will be required to: be at least 18 years old and hold a policy with the Company and be

accesses the Service via your password/PIN) in breach or non-observance of these terms. We

registered as an MPesa user. The Company reserves the right to verify with the Network the

shall notify you of any claim that we or any of the indemnified persons receives and you hereby

authenticity of your information.

agree to provide us and/or any of the indemnified persons with full authority to defend or settle

such claims and shall provide us and/or any of the indemnified persons with all reasonable

assistance necessary to defend such claims, at your sole expense.

3.2

Have an active mobile phone line meaning your line has not gone into expiry due to

General

failure to top up over a period of 120 days.

3.3

Complete a Company registration form and provide information about yourself (such

9.1

The Company reserves the right to vary the terms and conditions of this Agreement at

as national identification number or contact details). You agree to provide true, accurate,

any time.

current and complete information when registering for the Service.

9.2

The construction, validity and performance of these terms and conditions shall be

governed in all respects by the Laws of Kenya.

9.3

If any provision of these terms and conditions are declared by any judicial or other

competent authority to be void, voidable, illegal or otherwise unenforceable, such a term shall

Cost of using the Services

be amended or at the discretion of the Company it may be severed from these terms and

conditions and the remaining provisions of these terms and conditions shall remain in full force

and effect.

9.4

Except where these terms and conditions provides otherwise, the rights and remedies

4.1

Cost and Charges: The Company will currently not charge you to sign up/register for

contained in it are cumulative and not exclusive to rights or remedies provided by law. The

the Services, save as may otherwise be communicated by the Company from time to time.

failure by the Company to enforce at any time or for any period any one or more of the terms

However, the Company reserves the right to charge for access for all Services in the future,

and conditions shall not be a waiver of them or of the right at any time subsequently to enforce

subject to a clear notice when accessing Services that are charged.

all terms and conditions.

9.5

No delay or failure by the Company shall constitute a breach or give rise to any claim

for damages or loss of anticipated profits if such delay or failure is caused by force majeure.

4.2

The Company shall remit the payments to the policy holder less any Network charges

“Force majeure” shall mean an occurrence which is beyond and without fault or negligence of

levied by the Networks for the payment transaction and use of the Service. The Company

the Company affected and which the Company is unable to prevent or provide against by the

reserves the right to alter the charges in line with any alterations levied by the Networks for

exercise of reasonable diligence including, but not limited to, acts of God or of the public

the provision of the Service.

enemy, appropriation or confiscation of facilities, terrorists activity or other catastrophe, strike

or any other concerted acts of employees or other similar occurrences.

4.3

The Customer shall also be responsible for the payment of any charges levied by the

9.6

You shall not assign these terms and conditions to a third party. Any unauthorized

Networks for the withdrawal of the payments from their mobile phone. It is hereby confirmed

assignment or attempt to assign will automatically terminate this Service. The Company may

that the Company shall not upload these charges into the payments made.

assign these terms and conditions in whole or part to any third party at its discretion.

9.7

You acknowledge and agree that in entering into these Agreement you do not rely on,

4.4

Without prejudice to any other right or remedy, the Company reserves the right to

shall have no remedy in respect of, any statement, representation, warranty or understanding

offset any amount owing at any time from the Customer to the Company against any amount

(whether negligently or innocently made) of any person (whether party to these terms and

payable by the Company to the Customer under this Agreement.

conditions or not) other than as expressly set out in these terms and conditions as a warranty.

Nothing in this clause shall, however, operate to limit or exclude Liability for fraud.

Payment Request Form - Pioneer Assurance Page 2

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