1. How to read this Agreement
This Agreement contains 22 sections. The headings indicate the sections.
Some capitalized terms have specific definitions in section 3.
Underlined words in this Agreement contain hyperlinks to further information.
For "buy float" transactions, this Agreement applies individually to each
transaction and is not a Framework Contract.
Where you hold an account with us (Mabob User Account), this Agreement applies
as a Framework Contract to your Mabob Account and any payment services offered to you.
2. Why you should read this Agreement
2.1 What this Agreement covers. These are the terms and conditions on which we provide our Services to you.
2.2 Why you should read them. Please read this Agreement carefully before you start to use our Services.
This Agreement (always together with the documents referred to in it) tells you who we are, how we will
provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem
and other important information. If you think that there is a mistake in this Agreement or require any changes,
please contact us to discuss.
2.3 Other additional documents which apply to you. This Agreement refers to the following additional documents,
which also apply to your use of our Services:
(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you,
or that you provide to us. By using our Services, you consent to such processing and you promise that all
data provided by you is accurate.
(b) Our Cookie Policy, which sets out information about the “cookies” on our Website.
(c) Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services.
(d) Our Frequently Asked Questions ("FAQ") which provides answers to common customer questions.
(e) In order to receive some of our Services, you may be asked to agree to additional terms and conditions
(including those referred to in section 22) which we will notify you about at the relevant time.
2.4 Additional documents. For clarity, the additional documents and the parts of this Agreement which incorporate
the additional documents are not Framework Contracts.
2.5 Future changes to this Agreement. All future changes set out in the Customer Updates section of our Website at
the time you sign-up for our Services are incorporated into this Agreement.
2.6 You accept this Agreement. By visiting our Website and/or using our Services (including using the website), you
confirm that you accept and agree to this Agreement (including the Customer Updates and the additional documents referred to above).
If you do not agree, please do not use our Services.
2.7 Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our Website.
If you want a paper copy of this Agreement, please contact Customer Support.
3. Glossary
In this Agreement:
App means the web application software/ USSD (Unstructured Supplementary Service Data) application, the data supplied with the software and the associated media.
Business Day means a day other than a Saturday, Sunday or a public holiday in Kenya when financial institutions
in Kenya are open for business.
Framework Contract means a contract for payment services which governs the future execution of individual and
successive payment transactions and which may contain the obligation and conditions for setting up a payment account.
Services means all products, services, content, features, technologies or functions offered by us and all
related websites, applications (including the web App and USSD App), and services (including the Website).
Mabob Account means the account you have opened with us in accordance with the terms of this Agreement.
Website means any webpage, including but not limited to mabob.co.ke, where we provide the Services to you.
4. Mabob App
4.1 App subject to this Agreement. We license the use of the App to you on the basis of this Agreement.
We do not sell the App to you. We remain the owners of the App at all times.
4.2 App updates. From time to time updates to the App may be issued to improve our services. Depending on
the update, you may not be able to use our Services until the update is completed and accepted any new terms.
4.3 Your right to use the App. In consideration of you agreeing to abide by the terms of this Agreement,
we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Agreement.
We reserve all other rights.
5. Who are we and how to contact us
5.1 Our company information. Mabob Enterprise is registered under the laws of Kenya with business number
BN-Q6C7QAYK ("Mabob", "we", "us", or "our" as applicable). Trading License No. TLA075388.
5.2 How to contact us. You can contact us by email, social media or telephone. Our contact details are
provided on the footer of our Website.
6. Who can use our Services
6.1 You must be 18 years or over. You must be 18 years or older to use our Services and by opening a
Mabob Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
6.2 Your use of the Mabob Account must not violate any applicable laws. You commit to us that your opening and/or
using of a Mabob Account does not violate any laws applicable to you. You take responsibility for any consequences
of your breach of this section.
7. Your Mabob Account
7.1 About your Mabob Account
(a) Your Mabob Account allows you to buy Mpesa Float for an agent.
(b) Certain limits may be placed on your Mabob Account depending on verification checks or other legal considerations.
Please contact us if you have any questions about these limits.
7.2 Your Mabob Account does not hold deposits.The buy float service is one transaction; transferring from your Mpesa to the Agent via our system.
8. Getting started
8.1 Open a Mabob Account. To start using our Services, you must open a Mabob Account and provide your details as prompted.
8.2 Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times.
You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your
failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
8.3 Transacting on your own account. All activities under a Mabob Account shall be deemed as activities carried out by
the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
9. Getting to know you
9.1 We are required by law to carry out all necessary security and customer due diligence checks on you
(including any parties involved in your transaction for example, your recipient) in order to provide any
Services to you. You agree to comply with any request from us for further information and provide such
information in a format acceptable to us. In addition, you agree that we may make, directly or through
any third party, any inquiries we consider necessary to validate the information you provided to us.
10. Keep your Mabob Account safe
10.1 Keep your Mabob Account safe
(i) What to do. You must:
(a) Change your password regularly and ensure that it isn’t reused across other online accounts.
(b) Contact Customer Support if anyone asks for your Mabob password.
(c) Always follow recommended password management practice, for example: https://support.google.com/accounts/answer/32040?hl=en.
(d) Set up 2-step authentication where prompted (for further instructions please refer to our FAQ).
(e) Keep your e-mail account secure. You may reset your Mabob Account password using your email address.
Let Customer Support know immediately if your email address becomes compromised.
(ii) What NOT to do. You must NOT:
(a) Disclose your Mabob Account password. Keep it safe.
(b) Let anyone access your Mabob Account or watch you accessing it.
(c) Use any functionality that allows your login details or passwords to be stored by the computer
or browser you are using or to be cached or otherwise recorded.
(d) Do anything which may in any way avoid or compromise the 2-step authentication process.
10.2 Contact us if you suspect your Mabob Account has been compromised. If you suspect your Mabob Account
or other security credentials are stolen, lost, used without your authorization or otherwise compromised,
you must contact Customer Support immediately, you are also advised to change your password. Any undue delays
in notifying us may affect the security of your Mabob Account and also result in you being responsible for financial losses.
11. Buying Mpesa float using your Mabob Account
11.1 How to buy Mpesa float via Mpesa. To buy float, you need to log in to your Mabob Account
and follow the steps as they appear on screen. We are not responsible for the money you have transacted until we have
received them.
11.2 Reversals on your payment instrument. If there is an issue with a payment received from you, we reserve the right
to reverse the transaction. You may not reverse any transaction after we’ve offered you our services.
11.3 Transaction limits on your Mabob Account. For legal and security reasons, we impose limits on how much you can transact with
your Mabob Account.
11.4 We will credit the Mpesa Agent working account immediately your transaction is processed and completed.
12. Closing your Mabob Account
12.1 You may close your Mabob Account at any time. You may end this Agreement and close your Mabob Account at any time
by contacting our Customer Support.
12.2 You must not close your Mabob Account to avoid an investigation.
12.3 You are responsible for your Mabob Account after closure. You agree that you will continue to be responsible for all
obligations related to your Mabob Account even after it is closed.
13. Intellectual property rights
13.1 While you are using our Services, you may use the Mabob Materials only for your personal use and solely as necessary
in relation to those Services.
13.2 "Mabob Materials" include any software (including without limitation the web App, USSD App, developer tools, sample source code,
and code libraries), data, materials, content and printed and electronic documentation (including any specifications and
integration guides) developed and provided by us or our affiliates to you, or available for download from our Website.
You may not, and may not attempt to, directly or indirectly:
transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Mabob Materials to
any person or entity;
remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained
within the Services or on any Mabob Materials;
modify, copy, tamper with or otherwise create derivative works of any software included in the Mabob Materials; or
reverse engineer, disassemble, or decompile the Mabob Materials or the Services or apply any other process or procedure
to derive the source code of any software included in the Mabob Materials or as part of the Services.
14. Our responsibility for loss or damage
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments
to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our
failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you
knew it might happen, for example, if you discussed it with us during your account sign up process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud
or fraudulent misrepresentation.
14.3 We are not liable for business losses. If you use our Services for any commercial or business purpose, we will have no
liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other
technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary
material related to your use of our Services.
14.5 We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss
or damage that may arise from your use of them.
14.6 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our
inability to deliver or delay as a result of things which are outside our control.
14.7 You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs
and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our
Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our
relationship ends.
15. Accessing our services
15.1 We will try to make sure our Services are available to you when you need them. However, we do not guarantee that
our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any
part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any
time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services.
16. Information security
16.1 You are responsible for configuring your information technology, computer programs and platform in order to access
our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from
bugs or viruses.
16.2 You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic
bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised
access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of
service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 2018. We
will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will
cease immediately.
17. Linking to our site
17.1 You may link to our Website provided you follow certain rules. You may link to our Website, provided:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not suggest any form of association, approval or endorsement on our part where none exists;
(c) you do not frame our Website on any other site; and
(d) the website complies with our Acceptable Use Policy.
We reserve the right to withdraw linking permission without notice.
18. When we can end this Agreement or suspend our Services
18.1 We may end this Agreement by giving you two months’ notice. We may end this Agreement and close your Mabob
Account or any service associated with it by giving you two months’ prior notice.
18.2 We may suspend or close your Mabob Account without notice in certain circumstances. We may at any time suspend
or close your Mabob Account and/or end this Agreement without notice if:
(a) you breach any provision of this Agreement or documents referred to in this Agreement;
(b) we are requested or directed to do so by any competent court of law, government authority, public agency, or
law enforcement agency;
(c) we have reason to believe you are in breach of any applicable law or regulation; or
(d) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing
or other criminal or illegal activity.
18.3 We may suspend your Mabob Account for security reasons. We may suspend your Mabob Account or restrict its
functionality if we have reasonable concerns about:
(a) the security of your Mabob Account; or
(b) suspected unauthorised or fraudulent use of your Mabob Account.
18.4 We will give you notice of suspension where possible. We will give you notice of any suspension or restriction
and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is
put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures.
We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or
restriction have ceased to exist.
18.5 You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection
with the App shall cease, you must immediately delete or remove the App from your devices.
19. Our right to make changes
19.1 We may change this Agreement by giving you at least two (2) months’ prior written notice. If we do this,
you can terminate this Agreement immediately by providing written notice to us during the notice period.
If we do not hear from you during the notice period, you will be considered as having accepted the proposed
changes and they will apply to you from the effective date specified on the notice.
19.2 In some instances, we may change this Agreement immediately. Despite section 26.1, changes to this
Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a
new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights
nor increase your responsibilities, will come into effect immediately if they are stated in the change notice.
Changes to exchange rates shall come into effect immediately without notice and you shall not have the right
to object to such a change.
20. How we may contact you
20.1 We usually contact you via sms. If we have reasonable concerns either about the security of your Mabob Account, or any
suspected or actual fraudulent use of your Mabob Account, we will contact you via telephone
(unless contacting you would be unlawful or compromise our reasonable security measures).
20.2 Other ways we may contact you. In addition to communicating via sms, we may contact you by visiting your business premises where appropriate.
20.3 If you need a copy of the current Agreement or any other relevant document, please contact Customer Support.
21. Complaints
21.1 If you have any complaints about us or our Services, you may contact us following our customer support contacts.
22. Other important terms
22.1 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have
any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end
or make any changes to this Agreement.
22.2 We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract,
declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement
(including the Mabob Account) without our prior written consent. We reserve the right to transfer, assign or novate
this Agreement (including the Mabob Account) or any right or obligation under this Agreement at any time without your consent.
This does not affect your rights to close your Mabob Account.