Terms and Conditions

These terms and conditions govern the Afrinet e-money account, specifying the rights and obligations of both Afrinet and the customer (referred to as “You”) in relation to the use of the mobile wallet services, collectively known as “The Service.”

By subscribing to Afrinet services, you confirm your consent to these terms and conditions. Afrinet reserves the right to change or modify the agreement at any time. Changes may include adjustments to fees and commissions.

Customers will be notified at least seven (7) days before any changes take effect. Approval by the Central Bank of Kenya (CBK) is required for changes to fees and commissions. Notification of changes will be communicated through the company’s website or other official electronic channels (Email: info@afrinet.africa, Website: www.afrinet.africa).

Changes or modifications to the agreement will be effective for all subscribers upon posting on Afrinet Global & Company Ltd’s website. Customers are fully responsible for regularly reading the terms and conditions. This ensures that their use of the service remains in compliance with the agreement.

The document establishes the framework for the Afrinet e-money account, outlining the rules and expectations for both Afrinet and its customers. It also emphasizes the customer’s responsibility to stay informed about any changes to the terms and conditions and to ensure ongoing compliance with the agreement. Additionally, the procedures for notifying customers of changes, as well as the involvement of the Central Bank of Kenya in approving certain modifications, are highlighted.

• 1. Definition of terms

  The following definitions provide a comprehensive understanding of key terms associated with Afrinet services. They cover aspects such as account management, mobile applications, security features, and the various entities involved in the Afrinet ecosystem, including customers and third parties.

  Account Holder:

  An individual who possesses an Afrinet account.

  Afrinet Account:

  A virtual mobile wallet account provided by Afrinet.
  It allows account holders to perform various transactions, including both payments and receipts.
  Transactions can involve the movement of funds in and out of the wallet, enabling the purchase of goods and services.

  Afrinet App:

  A general Afrinet application available for both Android and iOS platforms.
  It serves as the interface through which Afrinet services are accessed and utilized by account holders.

  USSD (Unstructured Supplementary Service Data) System:

  USSD is a communication protocol used by GSM (Global System for Mobile Communications) cellular telephones to communicate with the mobile network operator’s computers.
  In the context of Afrinet, it likely refers to a system through which users can access Afrinet services using simple, text-based interactions.

  PIN (Personal Identification Number):

  A secure numerical code used to access the Afrinet Wallet. It serves as a means of authentication and ensures that only authorized individuals can access and use the wallet.

  Afrinet Wallet:

  The Afrinet Wallet: holds an e-value equivalent to cash.
  It represents the digital counterpart of physical cash, allowing users to store and manage their funds electronically.

  Customer:

  The person in whose name the Afrinet wallet is registered and held.
  The customer is the primary user and account holder.

  Third Party (or Third Parties):

  Refers to a party that is not directly involved in the primary agreement between Afrinet and its customers.
  Third parties may provide ancillary services related to the Afrinet ecosystem. It could also include companies associated with Afrinet Global & Company Ltd., either through ownership of shares or equity stakes.

  Real time settlement:

  Refers to the processing and settlement of payment obligations instantly as received in the system

  Force Majeure:

  Refers to enforceable events referred to in Clause 7 of these Terms and Conditions

  Trust:

  means the Afrinet Holding Trust Registered Trustees established under the Trust Deed.

  Trust Deed:

  Refers to the Trust Deed signed by Afrinet and the Trustees which shall be binding on the Customers

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  2. The Service
  

  1. Afrinet Global & Company Ltd., trading as Afrinet, will provide the Afrinet services (“the service”) to customers through a mobile phone registered with a third-party mobile money service provider with which it has configured and enabled the provision to access the service:

     • Afrinet Global & Company Ltd., operating under the name Afrinet, is the entity responsible for delivering Afrinet services.
     • The services are provided through a mobile phone that is registered with a third-party mobile money service provider.
     • Afrinet has configured and enabled access through this third-party provider’s infrastructure.

  2. The service is only available to Afrinet wallet account holders. Afrinet, however, reserves the right to accept or decline any application for the service at its sole discretion. The service will only be provided through the infrastructure, which Afrinet, at Afrinet’s sole discretion, may determine from time to time:

     • The Afrinet service is exclusive to Afrinet wallet account holders.
     • Afrinet has the discretion to accept or decline any application for the service.
     • The service is delivered through the infrastructure determined by Afrinet at its sole discretion.
     • For a subscriber and/or Agent to activate their use of the Mobile Money Transfer Service, they provide a Mobile PIN to secure the account.

     Deposit Cash (“Cash In”)

     “Cash In” allows an Agent or Subscriber to credit Mobile Money onto their Mobile Wallet by depositing cash through an approved Agent. The approved Agent will initiate the “Cash In” operation through their mobile phone.

     Transfer Money

     Transfer Money involves an Operator, Bank Operator, Agent, or Subscriber transferring Mobile Money from their Mobile Wallet to either.

  3. Through this account, you shall be able to pay for goods and services, save your vouchers and have them redeemable for cash or services, among other uses:

     • The Afrinet account facilitates various financial transactions, including payments for goods and services.
     • Users can save vouchers, which are redeemable for cash or services.
     • The account has multiple uses beyond basic transactions.

  4. Payment for goods and services through the account shall be on a real-time basis with real-time financial transaction processing and real-time reports that are accessible on web and mobile platforms for monitoring of account transactions and for reconciliation purposes:

     • Payments made through the Afrinet account are processed in real-time.
     • Real-time financial transaction processing ensures immediate confirmation of transactions.
     • Users can access real-time reports on web and mobile platforms for monitoring and reconciliation purposes.

  5. The customer agrees and undertakes to be bound by and to comply with all of the procedures as may be issued from time to time:

     • Customers commit to following and complying with all procedures issued by Afrinet, subject to changes over time.

  6. The customer undertakes to notify Afrinet, through the provided means, immediately of theft or loss of the mobile phone/SIM card and any unauthorized access to the service, discontinuation of the telephony service with the specified mobile service provider. Afrinet shall not be held liable for any losses resulting from the loss of the SIM card and/or mobile phone, however caused;

     • Customers are obligated to promptly inform Afrinet about theft, loss of the mobile phone/SIM card, or any unauthorized access.
     • Afrinet is not responsible for losses resulting from the loss of the SIM card or mobile phone if the customer fails to report promptly.

  7. Afrinet shall not be held liable for the quality of the service of the mobile service provider and gives no warranty with respect to the quality of service by the mobile service provider:

     • Afrinet disclaims responsibility for the quality of services provided by the mobile service provider.
     • No warranty is provided regarding the quality of service by the mobile service provider.

  8. The customer shall notify Afrinet of any changes in the mobile telephone number(s), address, and any other information that may affect the ability to access the service. Afrinet will not be held liable for sending information to your mobile telephone number as contained in our records at any given time:

     • Customers are required to inform Afrinet of changes in mobile phone numbers, addresses, or any other information affecting service access.
     • Afrinet is not liable for sending information to outdated records if the customer fails to update their information promptly.

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  3. Afrinet Global & Company Ltd Wallet Account
  

  The Afrinet Global & Company Ltd. Wallet Account involves eligibility checks, account creation procedures, secure access through a PIN, diverse transaction options, trust management through an Independent Trustee, and considerations for service availability and security measures. The outlined steps and guidelines below ensure a secure and user-friendly experience for Afrinet account holders.

  1. Eligibility and Registration:

     To use Afrinet services, you must be at least 18 years old.

  2. Account Creation:

     • To create an Afrinet account, you must register.
     • You confirm ownership of the account during creation.
     • Required information includes name, valid ID number, telephone/mobile number, and an optional email address.
     • Contact information is verified by Afrinet or other government agencies like IPRS and e-citizen/business registry.
     • Account activation occurs upon authentication.

  3. PIN Access:

     • Afrinet provides a Personal Identification Number (PIN) for service access.
     • Customers must keep the PIN secret and are solely responsible for its safety.
     • Customers are obliged to prevent unauthorized or fraudulent use of the service.
     • Afrinet is not liable for losses from unauthorized PIN use.

  4. Topping Up an Afrinet Wallet:

     • Account holders can top up via mobile money, bank channels, physical agents, other mobile wallets, and other methods as advised by Afrinet.
     • Subject to transactional limits set by Afrinet.

  5. Withdrawal from Account:

     • Withdrawals are made via Afrinet agents.
     • On the app and USSD, specific steps are outlined for withdrawal procedures.
     • Real-time crediting of withdrawn amount to the Afrinet mobile money account.

  6. Transfer to and from Account:

     • System Participants may purchase E-Money with conventional money, transfer E-Money to other System Participants, use E-Money to make purchases of goods and services, exchange E-Money for conventional money, and can perform other transactions as may be developed from time to time.
     • Specific steps for bank transfers and transfers to other mobile money service providers are outlined for both the app and USSD.

  7. Top Up:

     • Account holders can top up via Afrinet agents, third-party mobile money providers, bank channels, and other methods as advised by Afrinet.
     • Specific steps for top-up procedures outlined for both the app and USSD.

  8. Send Money:

     • Money can be sent through the app or USSD by entering recipient details.
     • Confirmation and immediate crediting to the recipient’s Afrinet wallet.

  9. Trust:

     • Deposited money is held by a duly authorized Independent Trustee.

  10. Service Availability:

      • The service is available where the chosen mobile phone service provider(s) provide Afrinet infrastructure and connectivity.
      • Customers must safeguard their SIM card and mobile phone to prevent unauthorized access.

  11. Reversals:

      Afrinet has the right to cancel/reject a transaction or payment in respect of any order, which purports to be a suspected fraud and therefore such transaction cannot be authorized by Afrinet and/or the system participant.In such a case Afrinet shall refund payment on the said transaction in accordance with the provisions of the Settlement Model.

  12. Opt in and Opt Out:

      System Participants shall have a right to create accounts with Afrinet as well as close them at any point provided that the same is notified to Afrinet as per the terms and conditions of this Agreement.

• 
  4. Fees and Charges
  

  Afrinet’s Right to Charge Fees:

  Afrinet reserves the right to charge a fee for providing its services and for the use of all or part of the service which shall be in accordance with CBK’s published tariffs and subject to approval of the fees by CBK.

  Notification of Fees:

  Fees imposed by Afrinet will be communicated to customers through Afrinet platforms, electronic channels, and websites.

  Customer Liability for Fees:

  Customers are responsible for paying any fees associated with the use of the service unless a waiver is communicated.

  Acceptance of Fees by Customer:

  By accepting the terms and conditions, customers confirm their acceptance to have applicable fees debited from their wallet account.

  Statement Reflecting Charges:

  Charges incurred will be reflected in the wallet account statement, providing transparency to customers regarding the fees assessed.

  Termination for Non-Payment:

  Afrinet reserves the right to terminate the service if a customer fails to pay the fees levied for the provision of the service.

  Changes in Charges:

  Any changes in fees will take effect only after approval by the Central Bank of Kenya (CBK). Customers will be notified of the new charges at least seven (7) days after obtaining CBK approval, and before the charges take effect. Communication regarding changes in charges will be made through Afrinet’s official electronic communication channels, official messaging platforms, and official websites (email: info@afrinet.africa, Website: www.afrinet.africa).

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  5. Intellectual Property
  

  Afrinet asserts its exclusive ownership of all intellectual property rights associated with the services outlined in the terms and conditions. The section emphasizes the serious consequences of any unauthorized actions that may disrupt or interfere with Afrinet services, underlining the importance of respecting Afrinet’s intellectual property and maintaining the integrity of the provided services.

• 
  6. Limitation of Liability
  

  Nature of Service:
  Afrinet mobile money e-wallet services are provided on an “as is” and “as available” basis.
  Afrinet Global & Company Ltd. and its associated companies do not make any representations or warranties, whether expressed or implied, regarding the Service or any information provided through the Service.

  Exclusion of Responsibility:
  Afrinet Global & Company Ltd. disclaims responsibility for any damages, injury, or economic loss arising from the use of the content or Service provided.

  Liability Limitation:
  Except in cases of negligence, fraud, or willful misconduct, no party shall be liable for direct or indirect, incidental, special, or consequential damages.
  This includes but is not limited to the loss of profits, revenue, data, or use incurred by others due to the failure or interruption of the services under this Contract.

  Obligation to Remit Monies:
  The obligation to remit legally due and owing monies to the Afrinet Account holder remains unaffected by the provisions of this Clause.
  The Customer bears all risks and consequences of the inability to send or comply with any instruction sent using the service due to errors in the transmission of instructions.

  Quality of Third-Party Service:
  Afrinet Global & Company Ltd. holds no liability for the quality of service provided by third-party mobile money service providers.
  No warranty is provided concerning the quality of service by third-party mobile money service providers, or any disruptions resulting from associated third-party service providers.

  Limited Liability Instances:
  Afrinet Global & Company Ltd. is not liable where an Afrinet account holder, merchant, or agent inputs incorrect details leading to a payment transaction to the wrong recipient.
  No liability is assumed for losses resulting from incorrect transaction details, suspicious or fraudulent transactions, unforeseen circumstances, legal processes, or other encumbrances that restrict or prevent the execution of a transaction despite reasonable precautions.

• 
  7. Force Majeure
  

  Unforeseeable Events:

  Neither Yourself nor Afrinet is responsible or liable for any failure or delay in performance resulting, directly or indirectly, in whole or in part, from any cause or circumstance beyond its control and/or reasonable contemplation.

  Such events include, but are not limited to, acts of God, civil commotion/disorder, fire, flood, explosion, earthquake, revolution, blockade, embargo, and undersea cable outage.

  Non-Breach in Case of Force Majeure:

  Failure to fulfill obligations due to force majeure shall not be deemed a breach or default in the performance of contractual obligations, provided that the affected party has taken all reasonable precautions, due care, and reasonable alternative measures with the intention of executing its obligations.

  The affected party must take reasonable measures to remove its inability to fulfill obligations with minimal delay.

  Prompt notification to other parties is required within seventy-two (72) hours of the first evidence of the nature and cause of the force majeure event. Notice must also be given upon the restoration of normal conditions.

  Time Extension:

  The parties may mutually consent to extend the time within which any task and/or obligation may be completed in the event of force majeure. The extension period is equal to the time during which the affected party was unable to perform due to force majeure.

  Exclusions from Force Majeure:

  Force majeure does not include:

  • Events caused by the negligence or intentional action of a party, its agents, personnel, or employees.
  • Events that a diligent party could reasonably have been expected to consider and avoid or overcome at the time of agreement.
  • Insufficiency of funds or failure to make any required payment.

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  8. Termination
  

  Termination

  The Termination section outlines Afrinet’s right to terminate, the grounds for termination, the process of suspension and investigation, the effects of expiry or termination, and the user’s right to terminate their use of Afrinet services. The terms of termination ensure a systematic and fair process in the event of termination.

  Termination Right:

  Afrinet reserves the right to terminate this agreement in the event of a breach of these terms and conditions.

  Grounds for Termination:

  Grounds for termination may include, but are not limited to:

  • Breach of any obligations under this Agreement.
  • Corrupt, collusive, or coercive practices.
  • Fraud.
  • Misrepresentation.
  • Mistake, meaning an erroneous belief, at account creation or during a transaction, that certain facts are true.
  • Insolvency/bankruptcy.

  Suspension and Investigation:

  Upon breach of any obligations, Afrinet shall automatically suspend the account pending investigations.

  If capable of remedy, Afrinet shall notify You of a period within which You must rectify the breach. Failure to do so within the agreed period shall result in termination and closure of the account.

  Effects of Expiry or Termination:

  Upon expiry or termination of this Agreement, all rights and obligations accruing to the Parties shall cease.

  Afrinet Global & Co. Ltd shall cause the funds in the terminated System Participant’s account to be transferred to an account provided by the person, within two (2) days of such termination. Afrinet Global & Co. Ltd shall also delete the corresponding e-value in the Trust account.

  User Termination Right:

  You have the right to terminate your use of Afrinet services by closing your account.

  Account closure can be initiated by calling the customer service number at +254 759 122 222 or sending an email to info@afrinet.africa.

  Withdrawal or usage of all amounts in the Afrinet account is required prior to closing the account.

  Terms of Termination:

  Termination or closure of the account is subject to the following terms:

  • Rights and obligations that may have accrued to either or all Parties before the date of expiry or termination.
  • Any right accruing to either Party by operation of law as prescribed herein.
  • Rights and obligations relating to balances in an Afrinet account not remitted to the relevant party.
  • Parties shall ensure that, by the end of the notice period, all collections are remitted to the relevant owner, and all accounts held are reconciled.

• 
  9. Dispute Resolution
  

  In the event of a dispute arising between the Parties concerning this Agreement:

  1. Amicable Resolution Attempt:

     • The Parties shall make reasonable efforts to amicably resolve the dispute within 30 (thirty) days.
     • The resolution period commences upon either Party sending a written notification to the other Parties indicating the existence of the dispute.

  2. Arbitration Option:

     • If the Parties are unable to resolve the dispute amicably within thirty (30) days, any party involved may initiate arbitration.
     • The arbitration shall be referred to the Chairman of the Chartered Institute of Arbitrators, Kenya Chapter.

  3. Arbitration Details:

     • Arbitration proceedings will take place in Nairobi, Kenya.
     • The arbitration process will adhere to the laws of Arbitration in Kenya.
     • The language of the arbitration proceedings shall be English.

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  10. Privacy
  

  Collection, Processing, and Protection of Personal Data:

  Afrinet may collect, retain, process, share, and transfer your personal data when you create an account, use our services, or visit our websites.

  Afrinet warrants compliance with the Data Protection Act No. 24 of 2019 and, in this regard, shall:

  • Process the collected data solely to enable the services provided under this contract and in accordance with the law.
  • Maintain appropriate technical and organizational measures to protect against unauthorized or unlawful processing of the data, as well as accidental loss, destruction, or damage to the data.
  • Collect data only for the intended purpose of providing services and shall not disclose the data to any third party without the prior written consent of the Client.

  Afrinet shall however require consent from system participants while onboarding to the system for the collection of such personal data.

  Types of Personal Data Collected:

  For the purposes of our services, we shall collect personal data, including but not limited to your name, postal/emails, residential address, and financial records, among others.

  This information is collected when you create an account or carry out a transaction on our platform. We may also collect personal data of persons to whom you may transfer money.

  Purpose of Data Retention:

  We retain personal data to enable us to provide and improve service quality, manage risk and fraud, and market and cross-sell our services to you.

  Your consent to the marketing of our services is acknowledged. The information may also be used to provide specialized information geared towards enhancing your customer experience.

  Notification of Data Breach:

  We shall notify you without undue delay upon becoming aware of a Personal Data Breach affecting your account, providing sufficient information to allow you to meet any reporting obligations under the Data Protection Laws.

  Access Control and Confidentiality:

  We shall take reasonable steps to ensure the reliability of any employee, agent, or contractor of any third party who may have access to the Company Personal Data.

  Access will be strictly limited to those individuals who need to know/access the relevant Company Personal Data, as necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of their duties.

  Data Deletion:

  We shall promptly, and in any event within five (5) business days of the Cessation Date of any Services involving the Processing of Company Personal Data, delete and procure the deletion of all copies of that Company Personal Data.

• 
  11. General Provisions
  

  Drafting:
  This clause indicates that the usual legal principle of interpreting an agreement against the party that drafted it will not apply in this case. It establishes that both parties to the agreement are responsible for its contents and any ambiguities or uncertainties will not be automatically resolved against the drafter.

  Dormant & Inactive Accounts:
  This sub-section defines the criteria for considering an Afrinet wallet account as inactive. If there has been no transaction (log in, deposit, withdrawal, balance inquiry check) for a consecutive period of six months, the account is deemed inactive. In case the account owners cannot be traced, Afrinet is obligated to transfer the balance to the Unclaimed Financial Assets Authority in accordance with relevant legislation.

  Anti-Money Laundering:
  This clause outlines the commitment of both parties to comply with laws related to Know Your Customer (KYC) and due diligence guidelines, including those pertaining to anti-money laundering, combating financing of terrorism, and economic crimes. It emphasizes that Afrinet has implemented various system enhancements to identify and address suspicious transactions. The due diligence requirements for potential account holders include identity confirmation, risk classification, and ongoing screening checks. In case of suspicious activities, temporary account suspension, investigation, and reporting to regulatory authorities are specified.

  Deceased Person’s Account:
  This sub-section addresses the termination of the agreement in the event of the death of an account holder. It stipulates that balances in a deceased person’s account will be transferred to the successor or manager upon presentation of specific legal documents, such as letters of administration, a grant of probate, or a court order.

  No Warranty:
  This clause explicitly states that Afrinet services are provided “as is” without any representation or warranty, whether express, implied, or statutory. It disclaims implied warranties of title, fitness for a particular purpose, and non-infringement. It clarifies that Afrinet does not control the products or services paid for using its services, and it cannot guarantee the actions or authorization of sellers, suppliers, or service providers. Continuous, uninterrupted, or secure access is not guaranteed, and the operation of the site may be subject to external factors beyond Afrinet’s control.

  Restriction on Number of Accounts:
  Customers are limited to having up to two (2) accounts with Afrinet provided that the on-boarding, operation and management of all accounts are in accordance with the Customer Terms and Conditions.

  Statement of Account:
  Each Afrinet Account records an amount of electronic value (“E-Money”) held by a relevant System Participant in the Service. “System Participants” for these purposes include any party holding E-Money in an Afrinet Account for any purpose and shall be available to the system participants within 7 days of such request at a fee as may be prescribed by the Service provider from time to time.

  Account Usage:
  Each system participant shall have access to their account at any time as they deem fit, and the system shall keep a record of the Account usage. The record shall be available to the system participant.

  Transaction Limits:
  Afrinet shall be guided by the CBK Pricing Principles, 2020. The schedule of the Transaction limits & Pricing plan

  Variation of Terms:
  Any subsequent variation and/or amendment to the terms and conditions set out in this agreement shall be subject to:
  – Notification and approval by CBK
  – Notification to all Customers

  Acknowledgment:
  We/I on behalf of [Name of Company/Business] hereby acknowledge that we/I have read, understood, and agree to the terms of this document relating to Afrinet services.
  Name: [Name]
  Signature: [Signature]
  Date: [Date]

  Note:
  Afrinet is highlighted as a product of Afrinet Global & Company Ltd, duly authorized and regulated by the Central Bank of Kenya. The USSD code for accessing Afrinet services is also provided.