Terms and Conditions of Service
1. Preamble and Definitions
1.1 Introduction
These Terms and Conditions (“Terms”) govern the use of ZangCash Pay Kenya (“ZangCash”, “we”, “us”, “our”), a financial assistance platform operated by ZangCash Pay Ltd and registered in the Republic of Kenya. By accessing or using the ZangCash Pay platform, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you are prohibited from using the platform.
1.2 Definitions
- User: Any individual who registers and uses the ZangCash Pay platform.
- Platform: The ZangCash Pay mobile application and associated services available through the platform.
- Financial Assistance: Temporary financial support provided through the platform to meet specific needs such as education, rent, bills, or emergencies.
- Credit: Prepaid amount used for applications on the platform that cannot be withdrawn as cash.
- M-Pesa: A mobile money transfer and payment service provided by Safaricom, a telecommunications company in Kenya.
2. User Registration and Account Management
2.1 Eligibility
To use ZangCash Pay, users must meet the following eligibility criteria:
- Be at least 18 years old.
- Be a resident of Kenya.
- Have a valid mobile phone number.
- Possess a valid national identification document issued by the Government of Kenya.
2.2 Registration Process
2.2.1 Required Information
During registration, users must provide the following information:
- Full legal name.
- Date of birth.
- National ID number.
- Active mobile phone number.
- Proof of address (e.g., utility bill).
- Verified email address.
2.2.2 Account Verification
To ensure security, all accounts are subject to verification. This includes:
- OTP verification sent via SMS to the provided mobile number.
- Verification of personal documents (National ID, proof of address, etc.).
- Potential additional identity verification checks, such as a video call or biometric verification, at ZangCash’s discretion.
2.3 Account Security
Users are solely responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. ZangCash strongly advises users to:
- Keep login credentials confidential and not share them with third parties.
- Immediately report any suspected unauthorized access or security breach to our customer support team.
- Use strong passwords and enable two-factor authentication (2FA) to enhance security.
2.4 Account Suspension and Termination
ZangCash reserves the right to:
- Suspend or terminate user accounts for any violation of these Terms or any fraudulent activity.
- Refuse service to users based on platform policies, including but not limited to suspicious behavior, misuse, or failure to comply with platform rules.
- Limit the functionality of accounts during investigations or due to legal requirements.
3. Financial Assistance Platform
3.1 Platform Purpose
ZangCash Pay provides a financial assistance platform aimed at offering temporary financial support for users in Kenya. Please note:
- ZangCash Pay is not a loan or banking service.
- Financial assistance provided is discretionary and based on the platform’s internal assessment.
3.2 Financial Assistance Characteristics
- The financial assistance provided through ZangCash is non-guaranteed.
- Assistance is offered at the sole discretion of ZangCash based on the information provided and the user’s profile.
- Funds are not loans and are not repayable unless specified by the platform.
3.3 Assistance Limits
Financial assistance limits vary depending on several factors:
- User history and platform usage.
- Assessment of financial need based on the application.
- Repayment history or behavior of the user.
- The platform’s current funding availability and policies.
3.4 Application Types
Financial assistance is available for the following types of applications:
- Educational expenses (e.g., school fees, exam costs).
- Rental payments.
- Utility bill payments (e.g., electricity, water).
- Medical expenses (e.g., hospital bills, medicines).
- Emergency financial needs (e.g., funeral costs, urgent repairs).
4. Fees and Charges
4.1 Application Fees
- Each application made through the ZangCash platform is subject to a non-refundable fee of KSh 100.
- Payment of the application fee can be made via M-Pesa, ZangCash Pay cash account, or other approved payment methods.
4.2 Credit System
- Credits are non-withdrawable and are used exclusively for application-related payments on the platform.
- Credits have no cash value and cannot be exchanged for money or transferred to other users.
- Credits may expire based on platform terms and conditions.
4.3 Payment Processing
- Transaction fees may apply depending on the payment method used (e.g., M-Pesa fees, ZangCash transaction fees).
- These fees may be subject to change and will be communicated through the platform.
- The current fee structure is displayed within the platform application for user transparency.
5. Application Process and Lifecycle
5.1 Application Stages
- Submission
- Complete the required application forms and provide all necessary supporting documentation.
- Pay the application fee.
- Review (Up to 14 working days)
- ZangCash will conduct an initial assessment of the application and verify the submitted information.
- If necessary, ZangCash may request additional documentation or clarification from the user.
- Approval/Rejection (Up to 14 working days)
- A comprehensive evaluation will be conducted based on the submitted information and platform assessment criteria.
- The outcome will be communicated via the platform or through SMS.
- Disbursement (Up to 3 working days)
- Once approved, funds will be disbursed to the user’s ZangCash Pay cash account.
- Users will be notified of the disbursement through the platform and via multiple communication channels.
5.2 Rejection Grounds
An application may be rejected for reasons including but not limited to:
- Incomplete or inaccurate information provided.
- Verification issues or failure to meet verification requirements.
- High-risk profiles as determined by the platform’s risk assessment.
- Fraudulent applications or attempts to deceive the platform.
- History of misuse or non-compliance with ZangCash policies.
6. Withdrawals and Transfers
6.1 Withdrawal Conditions
- The minimum amount that can be withdrawn from a ZangCash Pay account is KSh 100.
- Withdrawals will only be processed to M-Pesa accounts.
- The processing time for withdrawals may range from 1 to 7 working hours.
- Standard M-Pesa withdrawal charges apply, and users should ensure they have sufficient funds in their M-Pesa account to cover any charges.
6.2 Payment Options
Funds from ZangCash Pay can be used for the following:
- Goods and services payments at approved merchants.
- Bill payments to ZangCash Pay’s partner organizations and paybill numbers.
- Internal platform transfers to other registered users.
7. User Responsibilities and Obligations
7.1 Information Accuracy
Users are responsible for ensuring the accuracy and completeness of the information they provide to the platform. This includes:
- Providing truthful, up-to-date information during registration and throughout the use of the platform.
- Promptly updating personal and account details if any changes occur.
7.2 Prohibited Activities
Users shall not:
- Provide false, misleading, or fraudulent information.
- Engage in multiple fraudulent applications or attempts to deceive the platform.
- Use the platform for illegal, harmful, or unethical activities.
- Harass or threaten customer support staff or other users.
- Attempt to circumvent or bypass platform security measures or terms.
8. Privacy and Data Protection
8.1 Data Collection
ZangCash collects personal and financial data from users for the purpose of providing services on the platform. This includes:
- Personal identification information (e.g., name, ID number).
- Financial transaction data (e.g., payments, withdrawals).
- Usage data to improve the platform experience.
ZangCash complies with the Kenyan Data Protection Act and ensures data is processed securely and lawfully.
8.2 Data Usage
The data collected will be used for:
- Managing user accounts and services.
- Conducting risk assessments and credit evaluations.
- Enhancing the user experience and improving platform functionality.
- Ensuring compliance with regulatory requirements.
8.3 Data Sharing
ZangCash may share user data with:
- Credit reference bureaus for credit scoring purposes.
- Regulatory authorities for compliance with Kenyan law.
- Law enforcement authorities when required by law or in response to a valid legal request.
9. Intellectual Property
9.1 Platform Ownership
All intellectual property rights in the platform, including its design, software, content, and trademarks, are owned by ZangCash. Users are granted a limited, non-transferable license to use the platform in accordance with these Terms.
9.2 Prohibited Content Usage
Users are prohibited from:
- Reproducing or distributing the platform’s content or design without prior written permission.
- Reverse-engineering or decompiling the platform’s software or services.
- Engaging in unauthorized data scraping or harvesting activities.
10. Limitation of Liability
10.1 Service Disclaimer
ZangCash does not guarantee financial assistance, and the platform provides discretionary support. No legal obligation exists for ZangCash to disburse funds, and the platform’s decisions regarding assistance are final.
10.2 Liability Limitations
ZangCash is not liable for:
- User’s financial decisions or consequences arising from platform use.
- Third-party service interruptions or failures, including mobile network issues or payment processing failures.
- Economic fluctuations or changes in platform policies.
- Force majeure events such as natural disasters, wars, or government actions.
11. Dispute Resolution
11.1 Internal Dispute Mechanism
- Users who have disputes with ZangCash may contact our customer support team for assistance.
- Formal complaints will be handled according to ZangCash’s dispute resolution policy, with an attempt to resolve within 30 days.
11.2 Arbitration
- Any disputes that cannot be resolved through customer support will be subject to arbitration under the laws of the Republic of Kenya.
- Arbitration will take place in Nairobi, Kenya.
12. Modifications to Terms
12.1 Terms Updates
- ZangCash reserves the right to modify or update these Terms at any time.
- Significant changes to the Terms will be communicated to users through the platform or via email.
- Continued use of the platform after changes are made constitutes acceptance of the updated Terms.
13. Governing Law and Jurisdiction
13.1 Legal Framework
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from the use of the platform will be subject to the exclusive jurisdiction of the courts of Kenya.
14 Disclaimer
14.1. No Financial Institution or Deposit-Taking Business
ZangCash Pay is not a financial institution, nor do we engage in deposit-taking or lending activities. We are an online personal fundraising platform facilitating voluntary contributions from individuals, who may, in return, receive funds based on a set limit. We do not offer any form of banking, savings, or loan services. Our services are not designed to substitute traditional banking or financial institutions.
14.2. Limitation of Liability
To the fullest extent permitted by applicable law, ZangCash Pay Kenya and its affiliates, officers, employees, agents, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or use, arising out of or related to:
- Your use or inability to use our platform or services.
- Any errors or omissions in the content provided on the platform.
- Any interruptions, delays, or failures in our services, including issues related to M-Pesa or other third-party payment providers.
- Any unauthorized access or use of your account or personal information.
- Any disputes or claims arising from user interactions or transactions conducted through the platform.
You understand and agree that your use of the platform is at your own risk, and we are not responsible for any outcomes resulting from your actions or the actions of other users.
14.3. No Guarantee of Approvals, Transactions, or Fund Availability
- Approval is Not Guaranteed: All requests for limit increases, fund disbursements, and application approvals are subject to our review and the availability of funds. We do not guarantee that any request will be approved, nor do we guarantee any specific outcome.
- Fund Availability: Approvals and disbursements of funds are contingent upon the availability of funds at the time of the request. Requests may be delayed or prioritized based on our internal policies, and we reserve the right to refuse or delay any disbursement at our discretion.
14.4. Right to Reverse Transactions
We reserve the right, at our sole discretion, to reverse any transaction made through our platform. Such reversals may be initiated in the event of errors, fraud, or any violation of our terms of service or any applicable law. Reversals will be conducted in accordance with applicable laws and regulations in Kenya.
14.5. No Financial or Investment Advice
The information provided through our platform is for general informational purposes only and is not intended as financial or investment advice. We do not provide guidance or recommendations regarding financial decisions, investments, or other personal financial matters. Users are strongly advised to consult with a qualified financial advisor before making any financial decisions.
14.6. Third-Party Services and Payment Providers
ZangCash Pay Kenya uses third-party services, including M-Pesa, for payment processing. We do not control or endorse these services and are not responsible for any issues or disputes that arise from using third-party payment providers. By using our platform, you agree to comply with the terms and conditions set forth by these third-party service providers.
14.7. Changes to the Disclaimer
We reserve the right to modify, amend, or update this Disclaimer at any time. Any changes will be effective upon posting on this page, and the updated effective date will be noted at the top of the page. It is your responsibility to review this Disclaimer regularly to stay informed about any changes. Your continued use of the platform after any changes indicates your acceptance of the revised terms.
14.8. Governing Law and Dispute Resolution
This Disclaimer and any disputes arising from it shall be governed by and construed in accordance with the laws of Kenya. Any legal action or proceeding arising under or in connection with this Disclaimer shall be resolved exclusively in the courts located within Kenya.
14.9. Indemnity
You agree to indemnify, defend, and hold harmless ZangCash Pay Kenya, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, losses, damages, and expenses (including legal fees) arising out of or in connection with:
- Your use of our platform and services.
- Any violation of this Disclaimer or any applicable laws or regulations.
- Any infringement of the rights of third parties, including intellectual property rights.
15. Contact Information
15.1 Customer Support
For any questions, issues, or assistance, users can contact ZangCash through the following channels:
- Address: Nairobi Garage-Westlands, Nairobi
- Phone/SMS/WhatsApp: 0737100101
- Email: info@zangcash.co.ke
- Website: https://zangcash.co.ke
Last Updated: 01/12/2024
By using ZangCash Pay, you acknowledge that you have read, understood, and accepted these Terms and Conditions.