TERMS AND CONDITIONS RELATING TO
THE HUSTLER FUND SAVINGS AND LOAN PRODUCT
- THE AGREEMENT
1.1 This Agreement sets out the terms and conditions (hereinafter called “the Terms and
Conditions”) which shall be applicable to the Hustler Fund Savings and Loan Product (as
hereinafter defined) opened by you (as hereinafter defined) with the Bank (as
hereinafter defined).
1.2 These Terms and Conditions and any amendments or variations thereto shall take effect
on their date of publication. - DEFINITIONS
2.1 In these Terms and Conditions, the following words and expressions (save where the
context requires otherwise) bear the following meanings:
2.1.1 “Bank” means KCB Bank Kenya Limited incorporated in Kenya as a limited
liability company under the Companies Act (Chapter 486 of the Laws of Kenya)
and duly licensed as a bank under the Banking Act (Chapter 488 of the Laws of
Kenya) and includes subsidiaries of the Bank as may from time to time be
specified by the Bank to you.
2.1.2 “Customer” means the person means the subscriber to whom the Services
relates.
2.1.3 “Customer Care Centre” means any Telkom Retail Shops or Bank Branch or such
other Bank Agent or Agents as may be notified to the Customer by the Bank from
time to time.
2.1.4 “E-Money” means the electronic monetary value depicted in your T-kash
Account representing an equal amount of cash.
2.1.5 “Equipment” includes your mobile phone handset, SIM Card and/or other
equipment which when used together enables you to access the Network.
2.1.6 “Hustler Fund Savings and Loan Product means the products under the Fund
which will target individuals.
2.1.7 “Fund” means the Hustler Fund established through the Public Finance
Management (Financial Inclusion Fund) Regulations, 2022 issued and published
under the Public Finance Management Act, 2012.
2.1.8 “Hustler Fund Account”: means your mobile money store of value, being the
record maintained by the Bank of the amount of money from time to time held
by you in the Hustler Fund.
2.1.9 “Interest rate” shall mean the rate of 8.0% per annum or such other loan rate as
may be approved and communicated from time to time or such interest rate as
the bank may from time to time apply to savings products.
2.1.10 “IPRS” means the Integrated Population Registration System set up and
maintained by the Government of Kenya under the Ministry of State for
Immigration and Registration of Persons and its successors.
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2.1.11 “Network” means the mobile cellular network operated by Telkom.
2.1.12 “Personal Information” means personal identifiable information as prescribed
in the Data Protection Act which includes but is not limited to name, address,
phone number, identification number and location data.
2.1.13 “Pin” means your personal identification number being the secret code used to
access and operate the T-kash System.
2.1.14 “Request” means a request or instruction received by the Bank from you or
purportedly from you through the Network and the System and upon which the
Bank is authorized to act.
2.1.15 “Services” shall include any form of financial services or products that the Bank
may offer you pursuant to this Agreement and as you may from time to time
subscribe to and “Service” shall be construed accordingly.
2.1.16 “SIM Card” means the subscriber identity module which when used with the
appropriate mobile phone handset enables you to access the Network.
2.1.17 “SMS” means a short message service consisting of a text message transmitted
from one mobile phone to another.
2.1.18 “System” means the Telkom’s or the Bank’s electronic banking and
communications software for purposes of the Services.
2.1.19 “T-kash Account” means your mobile money store of value, being the record
maintained by Telkom of the amount of E-Money from time to time held by you
in the T-kash System.
2.1.20 “T-kash Service” means the money transfer and payments service provided by
Telkom through the T-kash System; “T-kash System” means the system operated
by Telkom in Kenya for the provision of the T-kash Service using the Network.
2.1.21 “T-kash Subscriber” means any person registered to use the T-kash System to
send or receive money or make payments.
2.1.22 “Telkom” means Telkom Kenya Limited, incorporated in Kenya as a limited
liability company under the Companies Act.
2.1.23 “Transaction Fees” means the fees charged to transact on your T-kash Wallet as
published by Telkom from time to time.
2.1.24 “We,” “our,” and “us,” means the Bank and Telkom and include their respective
successors in title and assigns.
2.1.25 “You” or “your” means the Customer and includes the personal representatives
of the Customer.
2.1.26 The word “Customer” shall include both the masculine and the feminine gender
as well as juristic persons.
2.1.27 Words importing the singular meaning where the context so admits include the
plural meaning and vice versa. - THE LOAN PRODUCT
3.1 The Hustler Loan Product, administered by KCB and/or Family Bank Limited, has the
following key features:
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3.1.1 The principal loan amounts under the product shall range from KES 500 to KES
50,000.
3.1.2 To be eligible,
3.1.2.1 a person must be a Kenyan citizen of at least 18 years;
3.1.2.2 a person must have a valid national identification card (ID);
3.1.2.3 a person shall be eligible to borrow between KES 500 to KES 50,000
depending on a credit score developed by the Bank;
3.1.2.4 a person must have a SIM Card registered with Telkom and be a registered
subscriber of T-kash services;
3.1.2.5 a person must have used the SIM Card for at least three months from the
date of registration.
3.1.3 The term of the loan shall be fourteen (14) days and interest shall be charged at
the rate of 8% per annum. Interest shall be accrued daily until repayment in full
within fourteen (14) days.
3.1.4 The loan shall be advanced to eligible persons through the T-kash Wallet.
3.1.5 The Hustler Fund Savings and Loan Product shall have a savings component as
follows:
3.1.5.1 5% of the loan advanced shall be deducted to go towards savings (the
“Savings Deduction”).
3.1.5.2 30% of the Savings Deduction shall be applied to a savings account (the
“Short Term Savings”).
3.1.5.3 70% of the Savings Deduction shall be applied towards the Customer’s
pension (the “Pension Remittance”).
3.1.5.4 An added feature of the Hustler Fund Savings and Loan Product is that the
Government of Kenya shall match the Pension Remittance of a Customer
who has not defaulted on a loan in the ratio of 2:1 such that for every KES
2.00 saved, the government shall add KES 1.00 to a maximum government
contribution of KES 6,000.00 per annum.
3.1.5.5 If the loan has been fully repaid, the Customer shall only be entitled to
access the Short Term Savings after 365 days from date of disbursement
of the loan.
3.1.6 In the event of default by the Customer (non-payment within fourteen (14) days
from the date of disbursement), interest shall accrue at the rate of 9.5% p.a. with
effect from the 15th day. If the Customer fails to by the 30th day from the date of
disbursement, the Customer’s credit rating may be reviewed by the bank which
may result in a review of the customer’s assigned credit limit. The interest applied
on the loan shall accrue on a daily basis from the date of loan disbursement until
the 365th day, or such other earlier date upon which the loan may have been fully
repaid. repay
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3.1.7 In the event that the Customer fails to repay the loan by the 30
th day from the
date of disbursement, the Customer shall not be eligible to borrow from the Fund
until full repayment of all outstanding amounts.
3.1.8 The bank shall retain the 30% intended for short term savings as described in
3.1.5.2 above in a suspense account until full repayment of the Loan.
3.1.9 Upon full repayment of a loan, the amount in 3.1.7 shall be released to the
customer who will be at liberty to withdraw it or keep it as savings. - ACCEPTANCE OF THE TERMS AND CONDITIONS
4.1 Before applying for funds under the Hustler Fund Savings and Loan Fund Product via the
T-kash System you should carefully read and understand these Terms and conditions
which will govern the use and operation of the Hustler Fund Savings and Loan Fund/
Hustler Fund;
4.2 If you do not agree with these Terms and conditions, please click “Decline” on the Hustler
Fund menu at *254#.
4.3 You will be deemed to have read, understood and accepted these Terms and Conditions:
4.3.1 upon clicking on the “Accept” option on the Hustler Fund menu requesting you
to confirm that you have read, understood, and agreed to abide with these Terms
and Conditions; and/or
4.3.2 by using or continuing to use and operate the Hustler Fund and/or the Services.
4.4 By applying for funds under the Hustler Fund Savings and Loan Product, you agree to
comply with and be bound by these Terms and Conditions for the time being and from
time to time in force governing the operation of the Hustler Fund Loan Product and you
affirm that these Terms and Conditions herein are without prejudice to any right that
the Bank or Telkom may have with respect to the Hustler Fund Savings and Loan Product
in law or otherwise.
4.5 These Terms and Conditions may be amended or varied from time to time subject to at
least thirty (30) days prior notice to you. The continued use of the services under the
Hustler Fund Savings and Loan Product and/or the Services after lapse of the said notice
period constitutes your agreement to be bound by the terms of any such amendment
or variation. - ACCOUNT OPENING
5.1 The Bank reserves the right to verify with Telkom the authenticity and status of your Tkash account.
5.2 You may access the Hustler Fund solely by way of an electronic application made by you
using your mobile phone via the Hustler Fund Savings and Loan Product menu on the
Telkom Network system by dialing *254# or any other means as may be notified to you
from time to time.
5.3 You hereby consent and authorize the Bank to request for, receive, record, disclose or
utilize your personal information held by Telkom pursuant to the agreement between
you and Telkom for the provision of Telkom products and services and T-kash Service
including your phone number, name, date of birth, ID or Passport Number and such
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other information that will enable the Bank to identify you and comply with the
regulatory “Know Your Customer” requirements (together the “Personal Information”).
You also hereby agree and authorize the Bank to request Telkom for information relating
to your use of the T-kash Service, T-kash System and Telkom Services as the Bank shall
require for purposes of providing you the Services (“Customer information”) and in
particular to determine your credit limit. You hereby consent to the disclosure of the
Personal Information and the Customer information by Telkom to the Bank and to the
aforesaid use of the Personal Information and the Customer information by the Bank.
5.4 You hereby agree and authorize the Bank to obtain and procure your Personal
Information contained in the IPRS from the Government of Kenya and you further agree
and consent to the disclosure and provision of such Personal Information by the
Government of Kenya to the Bank.
5.5 You hereby further acknowledge and authorize the Bank to verify your Personal
Information received from Telkom against the information received from the
Government of Kenya in your respect as contained in the IPRS.
5.6 The Bank reserves the right to request for further information from you pertaining to
your application for a Hustler Fund Savings and Loan Product at any time. Failure to
provide such information within the time required by the Bank may result in the Bank
declining to accept your application for a loan.
5.7 Acceptance of your application for a Hustler Fund Savings and Loan Fund shall be done
via SMS sent to the Telkom Mobile Phone Number associated with your T-kash Account.
5.8 The Bank reserves the right to decline your application for a loan. - YOUR REQUESTS
6.1 You hereby irrevocably authorize the Bank to act on all Requests received by the Bank
from you (or purportedly from you) through the System and to hold you liable in respect
thereof. The Bank may nevertheless refuse to carry out any Requests which would result
in there being an overdraft on your Hustler Fund Savings and Loan Product and T-kash
Account.
6.2 Telkom and the Bank shall be entitled to accept and to act upon any Request, if they
believe that it can correct any incomplete or ambiguous information in the Request
without any reference to you being necessary.
6.3 Telkom and the Bank 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 Telkom and the Bank may act if they in good faith
and without negligence acted in the belief that instructions was sent by you.
6.4 Telkom and the Bank 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.
6.5 You agree to and shall release from and indemnify Telkom and the Bank against all
claims, losses, damages, costs and expenses howsoever arising in consequence of, or in
any way related to their having acted in accordance with the whole or any part of any of
your Requests.
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6.6 You acknowledge that to the full extent permitted by law, Telkom and the Bank 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 PIN, password, ID or by any other means occasioned by your negligence.
6.7 You can only cancel your Request by calling the Customer Care Centre and Requesting
cancellation. Cancellation will however only be allowed where your Request is revocable
and has not yet been acted on. If Telkom or the Bank is able to cancel your instruction
you may be charged for such cancellation.
6.8 Telkom and the Bank are authorized to effect such orders in respect of your Hustler Fund
Savings and Loan Product as may be required by any court order or competent authority
or agency under the applicable laws.
6.9 In the event of any conflict between any terms of any Request received by the Bank from
you and these Terms and conditions, these Terms and conditions shall prevail. - LOAN REPAYMENT
7.1 The Bank may at any time give you notice in writing that if an accrued debt is not paid
within a stipulated period from the date of receipt by you of the notice then Telkom
may, without further notice, freeze your T-kash account from borrowing from the fund
until payment in full.
7.2 Repayment of any amount due includes but is not restricted to repayment of the Interest
and principal amount, and may be made through partial payments or a full payment.
7.3 It is agreed that the loan shall be available on an ongoing/continuous basis for a period
of fourteen (14) days, with a further period of up to thirty (30) days from the first date
of utilization of the loan.
7.4 Any funds available in your Hustler Fund account shall be applied towards repayment of
the amount due in the following order of priority:
7.4.1 First in repayment of unpaid Interest.
7.4.2 Secondly towards repayment of the principal amount. - STATEMENTS
8.1 You may request for a statement or activity report in respect of your funds within the Tkash Wallet through the applicable Telkom channels and menu.
8.2 The statement shall not be sent to you in printed form but shall be delivered to you via
SMS to the Telkom mobile phone number associated with your T-kash account
8.3 Save for a manifest error, a statement issued to you in the aforesaid manner shall be
conclusive evidence of the transactions carried out on your T-kash wallet for the period
covered in the statement.
8.4 We reserve the right to rectify discrepancies, add and/or alter the entries in your
statements, without prior notice to you. You will however be informed of any
rectification, additions and or alterations effected on your statements within a
reasonable time after the changes are effected.
8.5 All notifications of transactions related to the Hustler Fund Savings and Loan Product
shall be by way of SMS and the transaction charges for this service will be debited from
your T-kash Account.
7 - CUSTOMER COMPLAINTS
9.1 You may contact the Bank’s or T-kash’s Customer Care Center to report any disputes,
claims or discrepancies in respect of the Service through any of the contacts provided
below
Telkom
By calling 100 for prepaid, 200 for postpaid or 160 which is for T-kash support.
Alternatively, you can visit any Telkom shop.
Email: [email protected]
Twitter:@TelkomKenya
Facebook: Telkom Kenya
KCB Bank
Email: [email protected]
Tel: +254 (20) 3270000
Tel: +254 (732) 187000
Tel: +254 (711) 087000
WhatsApp: +254 (711) 087087
SMS: 22522
9.2 Telkom and the Bank will take all measures within their means to resolve your complaints
within a reasonable time. All complaints will be handled in accordance with Telkom and
the Bank’s complaints handling procedures, which are available on request from any or
Bank Branch or Customer Care Centre. Where a notification regarding your complaint
or any other matter is expected but not received, you may make a further complaint
within a reasonable time after non-receipt of such notification.
9.3 Applicable tariffs will be charged by your telephone and internet service provider(s)
when communicating with the Customer Care Centre. - TAXES
10.1Amounts in your T-kash Wallet may be subject to taxes in accordance with applicable
Kenyan, foreign or international law.
10.2You consent and agree that we may withhold amounts in your T-kash Wallet if any
Kenyan or foreign tax authority requires us to do so. - HUSTLER FUND SAVINGS AND LOAN PRODUCT
11.1Under this Fund, you will be entitled, subject to these Terms and Conditions, to transfer
money from your T-kash account and/or make withdrawals therefrom into your T-kash
account, as follows:
i. using the Hustler Fund menu on your device, you may apply for a loan from
the fund and if issued, the Bank shall channel loaned funds under the Hustler
Fund Savings and Loan Product to your T-kash Account free of charge.
ii. You may access and withdraw funds from the Hustler Fund menu on your
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device and the applicable transaction Fees will however be charged on all
transactions once the funds are in the T-kash ecosystem.
iii. There will be no restrictions on the number of deposits into your T-kash
Wallet for the Hustler Fund Savings and Loan Product over any period of time
subject to a minimum deposit of Kshs. 1.00/=
iv. Subject to availability of sufficient funds to your T-kash Wallet, there are no
restrictions on the number of withdrawals you may make from your wallet
over any period. You may withdraw up to the maximum allowable
transactional limits under the T-kash Service. - PRIVACY POLICY
12.1Collection of information
We collect certain Personal Information for compliance with our legal and contractual
obligations to you or to take steps to enter into an agreement with you without which
we are legally obligated to deny you the service.
Apart from the legal obligation mentioned above, we also need to collect your Personal
Information for quality service delivery. Please note that although this is voluntary,
without such information we may not be able to provide quality service.
12.2Privacy
We are committed to respecting and protecting the privacy of the information we
collect from you. Our privacy statement, in compliance with the requirements of the
Data Protection Act 2019, as updated from time to time, explains how we treat your
Personal Information, who we share your information with, and measures taken
protect your privacy when you use our Service. This can be found on the Telkom and
KCB websites. - DISCLOSURE
13.1You hereby expressly consent and authorize the Bank to disclose, receive, record or
utilize your personal information or information or data relating to your Hustler Fund
account and any details of your use of the Services:
13.1.1 to and from the Bank’s service providers, dealers, agents or any other company
that may be or become the Bank’s subsidiary or holding company for
reasonable commercial purposes relating to the Services.
13.1.2 to a Credit Reference Bureau.
13.1.3 to the Bank’s lawyers, auditors or other professional advisors or to any court or
arbitration tribunal in connection with any legal or audit proceedings.
13.1.4 to Telkom or other business partners in connection with the T-kash Service and
other affiliated Services for the purpose of fulfilment of a legal obligation or
realizing legitimate interests.
13.1.5 for the purposes of credit scoring for the services.
13.1.6 for reasonable commercial purposes connected to your use of the Services,
such as marketing and research related activities; and
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13.1.7 in business practices including but not limited to quality control, training and
ensuring effective systems operation.
13.2You authorize the Bank to disclose any information relating to your Hustler Fund account
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 the Bank may deem necessary.
13.3In the event of death, your estate administrator will be granted access to your T-kash
wallet 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 the Court. - YOUR EQUIPMENT AND RESPONSIBILITIES
14.1You shall at your own expense provide and maintain in safe and efficient operating order
your device necessary for the purpose of accessing the System and the Services.
14.2You shall be responsible for ensuring the proper performance of your device. We shall
neither be responsible for any errors or failures caused by any malfunction of your
device, and nor shall virus or related problems that may be associated with the use of
the System, the Services and the device. You shall be responsible for charges due to
any service provider providing you with connection to the Network and the Bank shall
not be responsible for losses or delays caused by any such service provider.
14.3You shall follow all instructions, procedures and terms contained in these Terms and
Conditions and any document provided by us concerning the use of the System and
Services.
14.4You agree and acknowledge that you shall be solely responsible for the safekeeping and
proper use of your device and for keeping your PIN secret and secure. You shall ensure
that your PIN does not become known or come into possession of any unauthorized
person. We shall not be liable for any disclosure of your PIN to any third party and you
hereby agree to indemnify and hold us harmless from any losses resulting from any
PIN disclosure.
14.5You shall take all reasonable precautions to detect any unauthorized use of the System
and the Services. To that end, you shall ensure that all communications from Telkom
and the Bank are examined and checked by you or on your behalf as soon as practicable
after receipt by you in such a way that any unauthorized use of and access to the
System will be detected.
14.6You shall immediately inform the Telkom and the Bank through the Customer Care
Centre in the event that:
14.6.1 You have reason to believe that your PIN is or may be known to any person not
authorized to know the same and/or has been compromised; and/or
14.6.2 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.
14.7You shall at all times follow the security procedures notified to you by the Bank from
time to time or such other procedures as may be applicable to the Services from time
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to time. You acknowledge that any failure on your part to follow the recommended
security procedures may result in a breach of your Hustler Fund Savings and Loan
Product’s data 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.
14.8You shall not at any time or use the device in any way that may be prejudicial to us. - EXCLUSION OF LIABILITY
15.1In the absence of negligence on its part, Telkom and the Bank 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 device, or (b) any other circumstances
whatsoever not within our control including, without limitation, force majeure,
terrorist or any enemy action and adverse weather or atmospheric conditions.
15.2In the absence of negligence on its part, Telkom and the Bank will not be liable for any
losses or damage suffered by you as a result of or in connection with:
15.2.1 unavailability of sufficient funds in your T-kash account wallet;
15.2.2 the money in your T-kash Wallet being subject to legal process or other
encumbrance restricting payments or transfers thereof;
15.2.3 your failure to give proper or complete instructions for payments or transfers
relating to your Hustler Funds Savings and Loan Product funds;
15.2.4 any fraudulent or illegal use of the Services, the System and/or your Equipment;
or
15.2.5 Your failure to comply with these Terms and Conditions and any document or
information provided by the Bank concerning the use of the System and the
Services.
15.3Under no circumstances shall Telkom or the Bank 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 the Bank.
15.4All warranties and obligations implied by law are hereby excluded to the fullest extent
permitted by law. - INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in the System (and any amendments,
upgrades or enhancements thereto from time to time) and all associated documentation that
Telkom and the Bank provide to you through the System or otherwise are vested in us or in
other persons from whom the right to use and to sub- license the System and/or the said
documentation. You shall not infringe any such intellectual property rights. You shall not
duplicate, reproduce or in any way tamper with the System and associated documentation
without our prior written consent. - INDEMNITY
In consideration of our compliance with your instructions or Requests in relation the T-kash
Wallet, you undertake to indemnify us and hold us harmless against any loss, charge, damage,
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expense, fee or claim which the Bank suffers or incurs or sustains thereby and you absolve us
from all liability for loss or damage which you may sustain from us acting on your instructions
or Requests or in accordance with these Terms and Conditions. - VARIATION AND TERMINATION OF RELATIONSHIP
18.1Without prejudice to any of our rights under these terms and conditions, we reserve the
right to at any time upon notice to you, terminate or vary our business relationship
with you and may suspend or discontinue your use or access to the Hustler Fund:
18.1.1 if you use the T-kash wallet for unauthorized purposes or where the Bank
detects any abuse/misuse, breach of content, fraud or attempted fraud
relating to your use of the Services.
18.1.2 if your T-kash account or agreement with Telkom is terminated for whatever
reason.
18.1.3 if the Bank is required or requested to comply with an order or instruction of
or a recommendation from the government, court, regulator or other
competent authority.
18.1.4 if the Bank reasonably suspects or believes that you are in breach of these
terms and conditions
18.1.5 where such a suspension or variation is necessary as a consequence of
technical problems or for reasons of safety.
18.1.6 to facilitate update or upgrade the contents or functionality of the Services
from time to time.
18.1.7 where your T-kash Wallet becomes inactive or dormant or is deemed
abandoned in line with the Unclaimed Financial Assets Act.
18.1.8 if we decide to suspend or cease provision of the Services for commercial
reasons or for any other reason as we may determine.
18.2If your T-kash Wallet has any credit balance at the time of its closure, Telkom will return
any such balance to you, less any applicable fees.
18.3You may cancel registration for the Service at any time through your Equipment. You
may however not cancel registration if you have an outstanding and unpaid loan/
principal or unpaid Interest amount.
18.4Termination shall however not affect any accrued rights and liabilities of either party.
18.5If Telkom or the Bank receives notice of your demise, we will not be obliged to allow any
operation or withdrawal from your T-kash Wallet 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 the Court. - MISCELLANEOUS
19.1These terms and conditions (as may be amended from time to time) form a legally
binding agreement binding on you and your personal successors.
19.2These terms and conditions (as may be amended from time to time) should be read in
conjunction with the Terms and Conditions for the T-kash services. In the event of any
inconsistency, these Terms and Conditions shall prevail in relation to the provision of
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the Hustler Fund Savings and Loan Product.
19.3This Agreement and any rights or liabilities accruing thereunder may not be assigned by
you to any other person.
19.4The rights and remedies herein provided are cumulative and not exclusive of any rights
or remedies provided by law.
19.5If any provision of these Terms and Conditions shall be found by any duly appointed
arbitrator, court or administrative body of competent jurisdiction to be invalid or
unenforceable the invalidity or unenforceability of such provision shall not affect the
other provisions herein. - DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION
20.1You may contact the Banks or Telkom’s Customer Care Center to report any disputes,
claims or discrepancies.
20.2Any dispute arising out of or in connection with this Agreement that is not resolved by
Customer Care Centre representatives shall be resolved by the parties through
amicable settlement discussions, failing which it shall be referred to arbitration. Such
arbitration shall be before a single arbitrator to be appointed by agreement between
the parties or in default of such agreement within sixty (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.
20.3To the extent permissible by Law, the determination of the Arbitrator shall be final,
conclusive and binding upon the parties hereto.
20.4This Agreement shall be governed by and construed in accordance with the laws of the
Republic of Kenya.
