Nipashe Terms of Use

1. THE AGREEMENT

1.1. This Agreement sets out the complete Terms and Conditions which shall apply to Nipashe opened by you with TransUnion.
1.2. These Terms and Conditions and any amendments or variations take effect on their publication date.
1.3. The Customer accepts and acknowledges this is a legal and binding agreement between the Customer and TransUnion once accepted by both parties.
1.4. “We,” “our,” and “us” means TransUnion and includes its successors in title and assigns.
1.5. "You" or "your" means the Customer and includes your representatives and heirs.
1.6. The word “Customer” includes both the masculine and feminine gender and juristic persons.
1.7. Words with the singular meaning where the context so admits include the plural meaning and vice versa.
1.8. Headings in these Terms and Conditions are for convenience purposes only and do not affect the interpretation of this Agreement.

2. DEFINITIONS

2.1. In these Terms and Conditions, the following words and expressions (except where the context requires otherwise) bear the following meanings:

2.1.1. “Agent” means any company contracted by TransUnion and approved by the Central Bank of Kenya to transact on behalf of TransUnion.
2.1.2. “Customer” means any consumer of services who has a formal engagement to receive services as per these Terms and Conditions.
2.1.3. “Customer Service" means the Customer Service Department located at Delta Corner Annex, 2nd Floor, Ring Road, Westlands, and of P.O. Box 46406-00100 Nairobi, Phone No. +254 742 258478, +254 768 617074, +254 768 253748, +254 768 262495, +254 706 565285, or email us at info@transunion.com.
2.1.4. “Equipment” includes your mobile phone handset and/or other equipment which enables you to access the mobile network when used together.
2.1.5. “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.
2.1.6. “Nipashe Subscriber” means a subscriber registered to use Nipashe.
2.1.7. “Nipashe Menu” means a list of the services TransUnion provides through Nipashe.
2.1.8. “Network” means the mobile cellular network operated by various mobile network providers.
2.1.9. “Nipashe” means a consumer mobile solution through which customers can subscribe and access TransUnion services.
2.1.10. “Request” means a request received by TransUnion from you (or purportedly from you) through Nipashe upon which TransUnion is required to act.
2.1.11. “Services” shall include but not be limited to a summary of the Customer’s credit status, a consumer credit report, CRB clearance certificate and credit information alerts according to these Terms and Conditions as you may subscribe to from time to time, and “service” shall be construed accordingly.
2.1.12. “SMS” means a short customised message service consisting of a text message transmitted from one mobile phone to another.
2.1.13. “System” means TransUnion’s electronic communications software which enables the Customer to communicate with TransUnion for the services. The system and services will, for the purpose of this Agreement, be accessed through Nipashe.
2.1.14. “Transaction Fees” fees payable for the services as determined by TransUnion.
2.1.15. “TransUnion” means Credit Reference Bureau Africa Limited duly licensed by the Central Bank of Kenya, according to the Credit Reference Bureau Regulations 2020, as amended from time to time, to, among other things: collect, collate, process and facilitate the sharing of credit information.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

3.1. Before accessing the services via Nipashe, you should carefully read and understand these Terms and Conditions.
3.2. If you don’t agree with these Terms and Conditions, please click “No” on the Nipashe Menu.
3.3. You’ll be deemed to have read, understood, and accepted these Terms and Conditions:

3.3.1. Upon clicking the “Yes” option on the Nipashe Menu requesting you to confirm you’ve read and accepted these Terms and Conditions and/or;
3.3.2. Upon registration on Nipashe and/or by using or continuing to use and operate Nipashe.

3.4. By subscribing to Nipashe, 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 Nipashe. You affirm these Terms and Conditions herein are without prejudice to any right TransUnion may have concerning Nipashe in law or otherwise.
3.5. These Terms and Conditions may be amended or varied by TransUnion from time to time. The continued use of Nipashe constitutes your agreement to be bound by the terms of any such amendment or variation.
3.6. You acknowledge and accept TransUnion offers the services electronically and agree to do business with TransUnion. Any query or complaint you may have relating to the services shall be addressed to the Customer Service Department.

4. SUBSCRIPTION

4.1. To subscribe to Nipashe, you must be at least 18 years old and a registered and active mobile subscriber with a mobile service provider.
4.2. You may subscribe to Nipashe solely through an electronic application you made using your equipment.
4.3.Verification

4.3.1. TransUnion reserves the right to verify the authenticity of your details with the IPRS.
4.3.2. You hereby agree and authorise TransUnion to collect your personal information and request IPRS for your personal information to provide the services, including your name, date of birth, ID or passport number and any other information that will enable TransUnion to identify you. You also hereby agree and authorise TransUnion to request IPRS for information relating to your ID as TransUnion requires to provide you the services. You hereby consent to the disclosure of the personal information by TransUnion to IPRS and the aforesaid use of the personal information by TransUnion.
4.3.3. You hereby agree and authorise TransUnion to obtain and procure your personal information in the IPRS from the Government of Kenya. You further agree and consent to the disclosure and provision of such personal information by the Government of Kenya to TransUnion.
4.3.4. You hereby further acknowledge and authorise TransUnion to verify your personal information from a mobile network according to clause 4.4 against the information received from the Government of Kenya in your respect as contained in the IPRS.
4.3.5. TransUnion reserves the right to request further information from you relevant to your application for the services at any time. Failure to provide such information within the time required by TransUnion may result in TransUnion declining your application for the services.
4.3.6. Acceptance by TransUnion of your subscription shall be done via SMS sent to your mobile phone number.
4.3.7. TransUnion reserves the right to decline your application for Nipashe or to revoke it at any stage at TransUnion’s sole discretion and without assigning any reason or giving any notice.
4.3.8. As a registered Nipashe subscriber, you may, subject to these terms and conditions, subscribe for the services using the Nipashe menu on your equipment as follows:

4.3.8.1. You’ll send the shortcode 21272 to Nipashe.
4.3.8.2. Alternatively, you may download the TransUnion Nipashe application from Google PlayStore.
4.3.8.3. As a subscriber of Nipashe, you’ll receive a confirmation message verifying your identity. Subject to these terms and conditions, you may subscribe to the various services using the Nipashe menu on your equipment.
4.3.8.4. The transaction fees payable for transactions effected in respect of your request from time to time will apply to any transactions affecting the services using Nipashe.
4.3.8.5. You shall make all payments for the services using the method prescribed in Nipashe only — unless otherwise advised by TransUnion.

4.3.9. You hereby agree all orders and other communications which purport to originate from you, or a person who had authority to act on your behalf in respect of such order or communication, or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to TransUnion electronically, and which may (as a result of interception, equipment malfunction, distortion of communication links or any other reason whatsoever) be different from the instructions sent or given, or may not have been given by you at all, shall be deemed to have been provided by the originator in the form received by TransUnion, and you will be bound by such communication with no liability of whatever nature attaching to TransUnion regarding it.
4.3.10. You waive any rights you may have or obtain against TransUnion arising directly or indirectly from any loss or damage of any nature which you may suffer due to TransUnion acting on your orders or communications, or orders or communications that purport to emanate from you. You indemnify TransUnion against all and any claims, liabilities, losses, costs, fines, damages and expenses arising as a result of the fact we acted on your instructions/orders or instructions/orders which purport to emanate from you.

FEES

5.1. You hereby agree to pay TransUnion all transaction fees, expenses and taxes, duties, impositions and expenses payable in connection with your use of the services.

6. IRREVOCABLE AUTHORITY OF TRANSUNION

6.1. It’s your sole responsibility to familiarise yourself with the operating procedures for the services TransUnion provides upon your registration for the services. TransUnion will not be liable for any losses incurred due to your errors — either of commission or omission.
6.2. You hereby irrevocably authorise TransUnion to act on all requests received by TransUnion from you (or purportedly from you) through Nipashe and to hold you liable in respect thereof, notwithstanding any such requests are not authorised by you or are not per any existing mandates given by you.
6.3. If you request TransUnion to cancel any transaction or instruction after a request has been received, TransUnion may, at its absolute discretion, revoke such transaction or instruction — but shall have no obligation to do so.
6.4. TransUnion shall be entitled to accept and act upon any request, even if that request is incomplete or ambiguous, if, in its absolute discretion, TransUnion believes it can correct the incomplete or ambiguous information in the request without any reference to you being necessary.
6.5. TransUnion is authorised to carry out such orders in respect of your Nipashe subscription as any court order, competent authority or agency may be required under applicable laws.

7. CUSTOMER’S EQUIPMENT AND RESPONSIBILITIES

7.1. At your own expense, you shall provide and maintain the equipment necessary to access the system and services in a safe and efficient operating order.
7.2. You shall be responsible for ensuring the proper performance of your equipment. TransUnion shall neither be liable for any errors or failures caused by any malfunction of your equipment, nor shall TransUnion be responsible for any computer virus or related problems associated with the use of the system, services and equipment. You shall be responsible for charges due to any service provider providing you with a connection to the network. TransUnion shall not be liable for losses or delays caused by any such service provider.
7.3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by TransUnion concerning the use of the system and services.
7.4. You agree and acknowledge that you shall be solely responsible for safely and properly using your equipment. You shall ensure your equipment does not come into the possession of any unauthorised person.
7.5. You shall take all reasonable precautions to detect any unauthorised use of the system and services. To that end, you shall ensure all communications from TransUnion are examined and checked by you (or on your behalf) as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the system will be detected.
7.6. You shall immediately inform TransUnion through the Customer Service Department if:

7.6.1. You believe unauthorised use of the services may have occurred or could occur, and a transaction may have been fraudulently input or compromised.
7.6.1. You have received too many responses after sending a request.
7.6.3. Your request is not fulfilled within 24 hours of placing a request.

7.7. You shall at all times follow the security procedures notified to you by TransUnion from time to time or such other procedures as may apply to the services.
7.8. You acknowledge any failure on your part to follow the recommended security procedures may result in a breach of your subscription’s confidentiality. In particular, you shall ensure the services are not used, requests are not issued or the relevant functions are not performed by anyone other than a person authorised to do so.
7.9. You shall not at any time operate or use the services in any manner that may be prejudicial to TransUnion.

8. EXCLUSION OF LIABILITY

8.1. TransUnion shall not be responsible for any loss suffered by you should the services be interfered with or be unavailable because of (a) the failure of any of your equipment; or (b) any other circumstances whatsoever not within TransUnion’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, and failure of any public or private telecommunications system.
8.2. TransUnion will not be liable for any losses or damage suffered by you as a result of or in connection with:
8.2.1. Your failure to give proper or complete instructions for payments or transfers relating to the subscription of any services.
8.2.1. Any fraudulent or illegal use of the services, system and/or your equipment; or
8.2.3. Failure to comply with these Terms and Conditions and any document or information provided by TransUnion concerning the use of Nipashe and the services.
8.3. If, for any reason other than a reason mentioned in subparagraphs 8.1 or 8.2, the services are interfered with or unavailable, TransUnion’s sole liability under this Agreement shall be to re-establish the services as soon as reasonably practicable.
8.4. Save as provided in subparagraph 8.3, TransUnion shall not be liable to you for any interference or unavailability of the services, however caused.
8.5. Under no circumstances shall TransUnion be liable to you for any loss of profit or 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 TransUnion.
8.6. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. You acknowledge the intellectual property rights in Nipashe (and any amendments, upgrades or enhancements), and all associated documentation TransUnion provides you through Nipashe or otherwise are vested either in TransUnion or in other persons from whom TransUnion has a right to use and sub-license Nipashe 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 the prior written consent of TransUnion.
9.2. Further, all copyright and intellectual property rights in all materials, texts, drawings and data made available on Nipashe (collectively "the materials") are owned by TransUnion. Alternatively, TransUnion is the lawful user protected by Kenyan and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material (or any component thereof) will constitute an infringement of such copyright and other intellectual property rights; except that you may use the materials or any part thereof for your internal purposes and to order service/s from TransUnion. The trademarks, names, logos and service marks (collectively "trademarks") displayed on Nipashe are registered and unregistered trademarks of TransUnion. Nothing contained on Nipashe should be construed as granting any license or right to use any trademark without the prior written permission of TransUnion.

10. INDEMNITY

10.1. In consideration of TransUnion complying with your instructions or requests concerning Nipashe, you undertake to indemnify TransUnion and hold it harmless against any loss, charge, damage, expense, fee or claim TransUnion suffers or incurs or sustains thereby. You absolve TransUnion from all liability for loss or damage you may sustain from TransUnion acting on your instructions or requests or per these Terms and Conditions.
10.2. The indemnity in clause 10.1 shall also cover:

10.1.1. All demands, claims, actions, losses and damages of whatever nature which may be brought against TransUnion, 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 TransUnion’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 TransUnion.
10.1.2. 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 programmes.
10.1.3. Any unauthorised access to the services, breach of security, destruction or access to your data, or destruction, theft of or damage to any of your equipment.
10.1.4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying 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 TransUnion may incur because of any breach by these Terms and Conditions.
10.1.5. Any damages and costs payable to TransUnion in respect of any claims against TransUnion for compensation for loss where the circumstance is within your control.

11. TERMINATION

11.1. TransUnion may at any time, upon notice to you, terminate or vary its business relationship with you and terminate your subscription:

11.1.1 TransUnion may at any time, upon notice to you, terminate or vary its business relationship with you and terminate your subscription:
11.1.2. If TransUnion is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority.
11.1.3. If TransUnion reasonably suspects or believes you’re in breach of these Terms and Conditions.
11.1.4. Where such a suspension or variation is necessary because of technical problems or safety reasons.
11.1.5. To facilitate, update or upgrade the contents or functionality of the services from time to time.
11.1.6. If TransUnion 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.

11.2. If TransUnion receives notice of your demise, TransUnion will not be obliged to allow any subscription by any person except upon production of grants of letters of administration or probate by your legal representatives duly appointed by the court.

12. TRANSUNION’S DATA PROCESSING AND PRIVACY POLICY

12.1. By accessing and using these services, you consent to the collection, use and disclosure of your personal information following our privacy policies which are available on our website at https://www.transunionafrica.com/legal/kenya/general-privacy.
12.2. You hereby expressly consent and authorise TransUnion to disclose, receive, record or utilise your personal information or information or data relating to your subscription and any details of your use of the services:

12.2.1. To and from any local or international law enforcement or competent regulatory or governmental agencies to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud.
12.2.2. To and from TransUnion’s service providers, dealers, agents or any other company that may be or become TransUnion’s subsidiary or holding company for reasonable commercial purposes relating to the services.
12.2.3. TransUnion’s lawyers, auditors or other professional advisors, or any court or arbitration tribunal in connection with any legal or audit proceedings.
12.2.4. To a mobile network in connection with the services.
12.2.5. For reasonable commercial purposes connected to your use of the services, such as marketing and research-related activities; and
12.2.6. In business practices, including but not limited to quality control, training and ensuring effective systems operation.

13. MISCELLANEOUS

13.1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding you and your successors.
13.2. You may not assign this Agreement and any rights or liabilities accruing thereunder to any other person.
13.3. TransUnion may vary or amend at any time and without notice these Terms and Conditions and the transaction fees. Any such variations or amendments may be published in posters or pamphlets, in daily newspapers, on the website and/or by any other means as determined by TransUnion — and shall take effect immediately upon publication.
13.4. No failure or delay by either yourself or TransUnion in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise of any other right or remedy.
13.5. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law.
13.6. If 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 conditions herein.
13.7. Any addition or alteration to these Terms and Conditions may be made from time to time by TransUnion, and of which notice has been given to you by way of publication as provided in subparagraph 13.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.

14. NOTICES

14.1 TransUnion may send information concerning Nipashe via SMS to your mobile phone number.
14.2 You acknowledge you have no claim against TransUnion for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to the transmission of any communication about Nipashe.

15. DISPUTE RESOLUTION

15.1. You may contact the Customer Service Department to report any disputes and complaints regarding credit information contained in your credit report through: TransUnion
Delta Corner Annex, 2nd Floor, Ring Road,
Westlands.
P.O. Box 46406-00100,
Nairobi.
Email: Ken_disputes@transunion.com

For complaints about our services or inquiries regarding our services, kindly contact us at: info@transunion.com 15.2. For complaints regarding information collected from you through the Nipashe channel, kindly contact us at: info@transunion.com and DPO_KE@transunion.com.
15.3. Any dispute arising out of or in connection with the provision of the services by TransUnion not resolved by the Customer Service Department 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 sixty (60) days of the notification of a dispute upon application by either party by the chairman of the Chartered Institute of Arbitrators (Kenyan Branch). Such arbitration shall be conducted in the English language in Nairobi following the Rules of Arbitration of the said institute and subject to and under the Arbitration Act, 1995.
15.4. To the extent permitted by law, the arbitrator's determination shall be final, conclusive and binding upon the parties hereto.
15.5. These Terms and Conditions shall be governed by and construed per the laws of the Republic of Kenya.