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Digital Channels Terms and Conditions - Family Bank Limited, Kenya

Home » Terms & Conditions » Digital Channels Terms and Conditions

Digital Channels Terms and Conditions

Mobile and Internet banking(E-Banking)

These terms and conditions together with the application made by the Customer and as accepted by Family Bank shall form the contract between the Customer and Family Bank and shall be further subject to such terms as Family Bank may agree with the other service providers, aiding Family Bank in providing the Facility. These terms and conditions shall be in addition to and not in derogation of the terms and conditions governing and related to Family Bank Mobile Banking, electronic products and the Account and/or any other product/services provided by Family Bank and its affiliates. By registering for the Facility, for the first time (and every time thereafter), the Customer acknowledges and accepts (and reaffirms his acknowledgment and acceptance of) these terms and conditions, to the fullest extent possible.

Definitions

  • Mobile Banking: is a personal financial information management service that allows you to access your Family Bank Account information or the performance of transactions over the phone through the bank’s secure system.
  • Account: shall mean any account at the Bank which has been registered for use via the mobile banking service.
  • Customer: shall mean the natural person or legal entity acquiring services from the Bank.
  • Bank: shall mean Family Bank Limited or any successors or assigns.
  • E-products: the products rendered by the Bank to the Customer and acquired by the Customer from the Bank, whether or not through the internet or Mobile banking App Pesapap  and e-mail.
  • Facility: shall mean Mobile Banking facility provided to the customers.
  • System: shall mean the mobile banking and communications software enabling the customer to communicate with the Bank.
  • Request: a request or instruction received by the Bank from the customer to communicate with the Bank for the purposes of the service. The system service will for the purpose of this agreement be accessed through the mobile phone.
  • MBS: shall be the acronym for Mobile Banking Service.
  • MBS&E: shall be the acronym for Mobile Banking Service and Electronic Banking
  • Branch: a branch or branches of the Bank which may from time to time be specified by the Bank to the customer.

 

Terms & Conditions

  1. The Customer shall apply to the Bank for MBS & E-Products (and/or for any changes to the options available under the facility) by application through forms as prescribed by the Bank from time to time for the use of the facility by visiting his/her branch or such other medium(s) as the Bank may from time to time specify. Customer shall inter-alia provide a Mobile Number which is not already used for MBS provided by the Bank.
  2. The Bank will from time to time determine or specify at its discretion the scope and features of the MBS & E Banking Products and are entitled to modify, expand or reduce the same at any time upon notice to the customer.
  3. Customer’s application for MBS & E Banking shall be accepted only after authentication of the customer through any mode of verification as may be stipulated by the Bank from time to time as may be decided at the discretion of the Bank.
  4. Customer, by making a request for transaction from his mobile phone in the format prescribed by the Bank, irrevocably and unconditionally authorizes the Bank to access all its accounts linked to MBS for effecting the transaction and also share the information regarding his accounts with the services provider or any third party as may be required for effecting the transaction.
  5. The Bank shall endeavor to carry out the instructions promptly, however it shall not be responsible for the delay in carrying out the instructions due to any reason whatsoever including but not limited to failure of operational system, failure at mobile operator end or due to any requirement of law.
  6. The e-Banking Products and MBS may, without prior notice be terminated, be suspended or terminated by the bank for any reason whatsoever, including and without limitation to, invalid data, closure of related account(s), breakdown, maintenance, modification, expansion and/or enhancement work caused or initiated by the telecommunications Company(s) concerned in relation to their network or by any service provider in respect of the SMS banking. The Bank will not assume any liability or responsibility for any such suspension or termination. The e-Banking Products may be terminated at any time by notice from the customer. to any such termination shall be effective within (4) days of receipt of the termination notice by the bank.
  7. Customer should know that request for transactions, once made through his mobile are non retractable as these are processed instantaneously and on a real time basis. Therefore customer should take sufficient care while making a request for the transaction from his mobile.
  8. Customer shall be solely responsible for accuracy and authenticity of the request made by him/her for information/transaction. The Bank shall not be liable for consequences arising out of erroneous information provided by the customer.
  9. If the customer suspects that there is an error in the information provided to him/her by the Bank, he/she shall advise the Bank as soon as possible. The Bank shall endeavor to correct the error wherever possible on a best effort basis. The bank shall however not be liable for any inadvertent error which results in providing incorrect information to him.
  10. The customer is solely responsible for protecting his PIN and mobile phone. Family Bank shall not be liable for unauthorized use of PIN or mobile phone of the customer. All requests emanating out of customer’s mobile with correct PIN shall be treated as genuine request and shall be acted upon by the Bank as such whether or not actually initiated by the customer.
  11. It shall be the Bank’s endeavor to maintain the secrecy and confidentiality of customer’s accounts to the best of its abilities. The Bank, however, shall not be liable if the customer’s accounts are compromised on account of breach of secrecy, denial of service or on account of hacking/other technological failures.
  12. If a customer changes his/her mobile number, he should visit his branch and update such change for MBS in the form prescribed by the Bank for this purpose. Once his request is accepted, his MBS shall be de-activated.
  13. The customer shall promptly notify the Bank of any changes to information provided to the bank related to or for the purposes of the e-Banking Products & MBS including change of email address or the details of the customer’s designated mobile phone number and the telecommunications company providing or servicing it. In addition, the customer shall promptly inform the bank of any loss or theft of their Mobile phone. The Bank shall not be liable for any loss or claim resulting from the relaying of any information pursuant to the e-Banking Products to the designated mobile phone number prior to receipt of any notification of loss or theft.
  14. The Bank may send messages to the customers regarding products/services of the Bank, or any other promotional message that the Bank may consider from time to time.
  15. The customer can request for termination of his MBS by visiting his branch and submit his request in the form prescribed the Bank for this purpose. Customer can also send an SMS in the format prescribed for this purpose.
  16. It shall be the Bank’s endeavor to give a reasonable notice for withdrawal or termination of MBS, but the Bank may at its discretion withdraw temporarily or terminate the MBS either wholly or partially anytime without giving prior notice to the customer. MBS may be suspended for any maintenance or repair work, any emergency or security reasons without proper notice and the Bank shall not be liable for denial of MBS.
  17. The Bank may at its discretion change terms and conditions as mentioned here any time as it deems fit.
  18. Any dispute or difference arising out of or in connection with MBS shall be subject to exclusive jurisdiction of the in Kenya
  19. Any notice from the bank to the customer may be made in such manner and by such means of communication as the bank shall deem fit, including and without limitation to, use of direct mailing material, advertisement, branch display, electronic communications such as e-mail or via the e-Banking Products. Any notice from you to us shall be in writing at the following address Family Bank Limited, P.O Box 74145-00200 Nairobi Kenya

 

Disclaimer of Liability

  1. Family Bank is in no way liable for any error or omission in the services provided by any Mobile or any third party service provider (whether appointed by Family Bank in that behalf or otherwise) to the customer, which may affect the Facility.
  2. Family Bank does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. Family Bank makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the customer or by any person resulting from or in connection with the Facility.
  3. Family Bank shall under no circumstance be held liable to the customer if the Facility is not available or there is any delay in the carrying out of the instructions for any reasons whatsoever including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Family Bank. Without limitation to the other provisions of these Terms and Conditions, Family Bank, its employees, agent or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of Family Bank in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any Mobile service provider and Family Bank’s system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the customer, Family Bank’s system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility. Illegal or improper use of the Facility by the Authorized User or any other person shall render the customer and the Authorized User liable for payment of financial charges as decided by Family Bank and / or will result in suspension of the Facility to the Customer.
  4. Notwithstanding anything to the contrary stated herein, Family Bank shall not be involved in or in any way be liable to the customer for any dispute between the Customer and a cellular services provider or any third party service provider (whether appointed by Family Bank in that behalf or otherwise).

 

Indemnity

  1. In consideration of Family Bank providing the Facility, the Customer agrees to indemnify and keep Family Bank safe and harmless from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which Family Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out in good faith for acting on or omitting or refusing to act on any instructions given by use of the Facility.
  2. The Customer holds Family Bank / its Affiliates, harmless against any loss incurred by the Customer due to failure in the network of the mobile service provider. The Customer agrees to indemnify and hold Family Bank harmless for any losses occurring as a result of the Customer permitting persons to use the Facility through any means.

 

New Additions

ADDENDUM TO MOBILE BANKING TERMS AND CONDITIONS

(Mobile Loan Facility)

  1. INTRODUCTION

    1. This Addendum governs the provision and use of mobile-based loan facilities (“Mobile Loan Facility”) offered by the Bank through the Mobile Banking Application (“the App”).
    2. The Addendum shall be read together with and form part of the Bank’s existing Mobile Banking Terms and Conditions (“Terms”). In the event of any inconsistency, this Addendum shall prevail with respect to matters relating to the Mobile Loan Facility.

  2. LOAN APPLICATION AND ACCEPTANCE

    1. The Customer may apply for a loan through the App, subject to the Bank’s credit assessment, eligibility criteria, and applicable limits.
    2. The Bank shall display to the Customer, prior to acceptance, the loan amount, interest rate, repayment period, instalment amount, and total cost of credit.
    3. The Customer’s acceptance of the loan offer through the App by entering their PIN, OTP, or biometric verification shall constitute valid electronic consent and create a binding loan agreement between the Bank and the Customer.
    4. Upon successful acceptance, the approved loan amount shall be credited to the Customer’s designated account or mobile wallet.

  3. INTEREST, FEES AND CHARGES

    1. The applicable interest rate, processing fees, and any other charges shall be disclosed to the Customer prior to acceptance of the loan.
    2. The Bank may vary the interest rate or applicable fees from time to time, subject to notice to the Customer through the App or other electronic channels.
    3. Interest shall accrue on a daily basis and be payable on each instalment due date until full repayment of the loan.

  4. REPAYMENT AND DEFAULT

    1. Loan repayments shall be made through the App, standing instructions, or such other repayment channels as the Bank may prescribe.
    2. The Customer authorises the Bank to debit any of their accounts maintained with the Bank, or to offset amounts in linked mobile wallets, to recover due instalments, interest, or charges.
    3. In the event of default, the Bank may:
      1. charge default interest at the rate disclosed to the Customer;
      2. report the default to licensed Credit Reference Bureaus (CRB); and
      3. assign or transfer the debt to authorised collection agents for recovery.
    4. The Bank reserves the right to suspend access to further credit in the event of default.

  5. CREDIT INFORMATION AND DATA SHARING

    1. The Customer consents to the Bank obtaining and sharing credit information relating to them with licensed Credit Reference Bureaus, other lenders, or regulators, in accordance with the Banking Act and CRB Regulations, 2020.
    2. The Bank shall process all personal and credit data in accordance with the Data Protection Act, 2019 and the Bank’s Privacy Policy.

  6. CONSUMER PROTECTION AND DISCLOSURE

    1. The Bank shall disclose to the Customer, prior to loan acceptance, all key terms including interest rate, fees, total loan cost, and repayment schedule.
    2. Any complaints or disputes arising from the use of the Mobile Loan Facility shall be lodged with the Bank’s Contact Centre or Customer Care channels for resolution in accordance with the CBK Consumer Protection Guidelines.

  7. TERMINATION AND SUSPENSION

    1. The Bank may suspend or terminate the Customer’s access to the Mobile Loan Facility where:
      1. fraudulent or suspicious activity is detected;
      2. the Customer is in breach of these Terms; or
      3. required to do so by law or regulatory directive.
    2. Termination shall not affect any existing obligations or liabilities incurred prior to such termination.

  8. GOVERNING LAW AND DISPUTE RESOLUTION

    1. This Addendum shall be governed by and construed in accordance with the laws of Kenya.
    2. Any dispute arising in connection with this Addendum shall be subject to the exclusive jurisdiction of the Kenyan courts.

  9. ACCEPTANCE

    1. This Addendum takes effect from the date indicated above.
    2. Continued use of the Mobile Loan Facility after the Effective Date shall constitute acceptance of the terms herein by the Customer.

 

Self-Registration and Facial Recognition

The Bank through the Mobile Application, will provide a list of documentation to support your registration, which documents shall be submitted by uploading to the application for self registration. This will in particular require a provision for a photograph of your self that you have taken(a selfie), which The Bank shall retain as part of the KYC Records.
In addition to opening your account, The Bank shall use the original KYC Picture to verify your identity from time to time as you use the application particularly for compliance and security checks.

Through a process called facial recognition; The Bank shall verify your identity.
You agree to the use of picture and video in so far to support the use of facial recognition. The Bank reserve the right to reject and application to register.

Data Protection and Privacy

  1. The Bank may hold and process, by computer or otherwise, any information obtained about you as a consequence of these Terms and Conditions, and any Specific or Additional Terms.
  2. The Bank may, at any time and from time to time at our sole discretion, carry out credit checks with any of the licensed credit reference agencies on you.
  3. The Bank may include your personal data in our computer systems, which may be accessed for credit assessment, statistical analysis (including behaviour and scoring), and to identify products and services (including those supplied by third parties) which may be relevant to you
  4. The Bank may disclose information relevant to you on terms that the recipient treats such information in confidence.
  5. The Bank may disclose your personal data to any relevant party outside the Bank whether obtained before, during, or after the Bank-Customer relationship, including but not limited to:
    1. Any person or organization providing electronic or other services to us for the purpose of providing, updating, maintaining, or upgrading services (including investigations of discrepancies, errors, or claims);
    2. Any person or organization engaged for the performance of services or operational functions where these have been outsourced;
    3. For fraud prevention purposes;
    4. Debt collection agencies, credit reference agents, or any other financial institution, for credit information or debt tracing purposes;
    5. The Bank’s lawyers, valuers, surveyors, research agencies, insurers, auditors, software developers, professional advisors, sub-contractors, or agents;
    6. Any person who may assume the Bank’s rights within the confines of the law;
    7. Credit card companies and financial institutions in connection with credit card enquiries or ATM card usage;
    8. Tax authorities for income tax-related information; Regulatory, fiscal, supervisory, or law enforcement authorities (local or international), where disclosure is required by law;
    9. Any guarantor, surety, or person jointly liable with you;
    10. Any receiver appointed by us;
    11. Any rating agency, business alliance partner, insurance company, insurer, insurance broker, or credit protection provider;
    12. Any court, tribunal, statutory body, or authority (including tax authorities); Any person to whom disclosure is required under any laws, regulations, guidelines, directives, or lawful authority of any country;
    13. Any person or third party for purposes of exercising The Bank’s, remedies, rights, or authority relevant to these Terms following an Event of Default;
    14. Where the Bank has a public duty to disclose; and In accordance with the Bank’s Privacy Statement.
  6. You acknowledge and agree that disclosure of information in the circumstances contemplated herein does not violate any duty The Bank to you under law, contract, or banking customs, and that such disclosure may be made without reference to you or further authority.
  7. You acknowledge that from time to time; The Bank may need to transfer personal data outside the country where you are located, including to third parties domiciled outside Kenya, for service facilitation or contractual performance.
  8. You acknowledge that by using any of the Bank’s digital channels or electronic products and services (including but not limited to mobile or internet banking, debit or credit cards, salary advances, overdrafts, or other salary-linked facilities), you hereby authorize your employer(where applicable) to disclose to the Bank, and authorize the Bank to contact your employer, solely for the purposes of facilitating the recovery or settlement of any outstanding amounts. This authorization shall be exercised only where necessary to protect the Bank’s legitimate financial interests or to recover sums due under your facilities. The Bank shall not disclose any other confidential account information to your employer, and all processing of personal data shall be conducted in accordance with applicable data protection and privacy laws.
  9. You acknowledge and agree that you understand your rights as a data subject and may make a written request to:
    1. Access your personal data in our custody in a portable format;
    2. Correct or delete false or misleading information;
    3. Restrict or object to the processing of all or part of your personal data;
  10. Some of our decisions are automated, based on information The Bank holds about you. If you would like us to review an automated decision made about you, you must inform us within 21 days of being notified of the decision.
  11. You may contact us at any time regarding the use, access, rectification, or restriction of your personal data through dataprotection@familybank.co.ke
  12. You may withdraw your consent to receive electronic communications through dataprotection@familybank.co.ke . Upon withdrawal, access to our products or services will be discontinued, and any pending loan application will be cancelled. Withdrawal of consent will not affect the validity or enforceability of existing loans, prior communications, or transactions conducted before withdrawal.

 

Service Modifications and Maintenance

  1. The Bank reserves the right to modify, upgrade, or suspend any part of the Application for maintenance, enhancement, or security purposes, with prior notice to customers where practicable.
  2. Such modifications shall not affect customers’ accrued rights or obligations under existing Terms.

 

Termination or Suspension of Access

  1. The Bank may suspend or terminate a customer’s access to the Application where:
    1. fraudulent or suspicious activity is detected;
    2. the customer breaches these Terms; or
    3. it is necessary to comply with regulatory, legal, or security requirements.
  2. The Bank shall notify the customer of such suspension or termination as soon as reasonably practicable.

 

Governing Law and Dispute Resolution

  1. This Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya.
  2. Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the Kenyan courts.

 

Effective Date and Acceptance

  1. These terms shall take effect from the date indicated above.
  2. Continued use of the App after the Effective Date shall constitute acceptance of this Addendum by the customer i.e. Mobile Banking or Internet banking User

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