Crystobol Terms and Conditions – Metropol Corporation

TERMS AND CONDITIONS FOR THE METROPOL CRYSTOBOL SERVICE

THE AGREEMENT
1. This Agreement sets out the complete terms and Conditions (hereinafter called“these Terms and conditions”) which shall be applicable to the Metropol Crystobol Service (as hereinafter defined) opened by you (as hereinafter defined) with Metropol(ashereinafter defined).
2. These Terms and conditions and any amendments or variations thereto take effect ontheir date of publication.
DEFINITIONS
1. In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:
  1. “Bank” means anyCommercial Bank Limited incorporated in Kenya as a limitedliability 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 Bankas may from timeto time be specified by the Bank;
  2. “Credit Reference Bureau” means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013,as amended, revised or promulgated from time to time, to inter alia, collect andfacilitate the sharing of customer credit information;
  3. “Credit Report” is a record of a person’s credit history held by a Credit Reference Bureau
  4. “Customer” means the person in whose name the Metropol Crystobol Servicewith Metropolis existing;
  5. “Customer Care Centre” means any Metropol Customer Care Centeror Branch or suchother MetropolAgent or Agents as may be notified to the Customer by Metropolfromtime to time;
  6. “Default” means a credit account that remains due and unpaid for more than 90 consecutive days.
  7. “Metropol CrystobolAccount” means the electronic store of equivalent cash value of money paid to Metropol for Metropol Crystobol products and services.
  8. “E-Money” means the electronic monetary value depicted in your Crystobol Accountrepresenting an equal amount of cash;
  9. “Equipment” includes your mobile phone handset, SIM Card and/or other equipmentwhich when used together enables you to access the Network;
  10. “IPRS” means the Integrated Population Registration System set up and maintained bythe Government of Kenya under the Ministry of State for Immigration and Registrationof Persons and its successors;
  11. “Metropol” means Metropol Credit Reference BureauLimited incorporated in Kenya as a limited liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and duly licensed as a Credit Reference Bureau under the Banking (Credit Reference Bureau) Regulations, 2013, and includes subsidiaries of Metropol as may from time to time be specified by Metropol;
  12. “Metropol Crystobol Service” means a the mobile service that allows the customer to access services from Metropol CRB through their phone and which is opened and operatedby the Customerin accordance with the Terms and Conditionsherein contained;
  13. “Metropol Crystobol Products” means the Metropolproducts or services offeredto the Customer throughthe Metropol Crystobol Service;
  14. “METROPOL CRYSTOBOL Menu” means the METROPOL CRYSTOBOL Menu on the USSD session;
  15. “METROPOL CRYSTOBOL PIN” means your personal identification number being the secret code used to access and operate the Metropol Crystobol Service;
  16. “METROPOL CRYSTOBOL Loan Center” means the METROPOL CRYSTOBOL Loan Menu on the Crystobol System;
  17. “M-PESA Account” means your mobile money store of value, being the recordmaintained by Safaricom of the amount of E-Money from time to time held by youin the M-PESA System;
  18. “M-PESA Service” means the money transfer and payments service provided bySafaricom through the M-PESA System;
  19. M-PESA System” means the system operated by Safaricom in Kenya for theprovision of the M-PESA Service using the Network;
  20. “M-PESA Subscriber” means any person registered to use the M-PESA System to sendor receive money or make payments;
  21. “Network” means the mobile cellular network operated by Safaricom;
  22. “Request” means a request or instruction received by Metropolfrom you or purportedlyfrom you through the Network and the System and upon which Metropolis authorizedto act;
  23. “Safaricom” means Safaricom Limited incorporated in Kenya as a limited liabilitycompany under the Companies Act (Cap 486 of the Laws of Kenya);
  24. “Services” shall include any form of financial services or products that Metropolmayoffer you pursuant to this Agreement and as you may from time to time subscribeto and “Service” shall be construed accordingly;
  25. “SIM Card” means the subscriber identity module which when used with theappropriate mobile phone handset enables you to access the Network and to usethe M-PESA and METROPOL CRYSTOBOL System;
  26. “SMS” means a short message service consisting of a text message transmitted fromone mobile phone to another;
  27. “System” means Metropol’s electronic communications softwareenabling the Customer to communicate with Metropolfor purposes of the Services.The System and the Services will for the purpose of this Agreement be accessedthrough the Safaricom Network;
  28. “Transaction Fees” includes the any fees and charges payable for the use of theServices as published by Metropolon Metropol’s website and/or the daily newspapers in Kenya or by such other means as Metropolshall in itssole discretion determine. Transaction Fees are subject to change at any time at Metropol’s sole discretion;
  29. “We,” “our,” and “us,” means Metropoland includes the successors and assigns ofMetropol;
  30. “You” or “your” means the Customer and includes the personal representatives ofthe Customer;
  31. The word “Customer” shall include both the masculine and the feminine gender aswell as juristic persons;
  32. Words importing the singular meaning where the context so admits include the pluralmeaning and vice versa.
ACCEPTANCE OF THE TERMS AND CONDITIONS
1. Before registering to use theMetropol Crystobol Serviceyou shouldcarefully read and understand these Terms and conditions which will govern the use andoperation of the Metropol Crystobol Service.
2. If you do not agree with these Terms and conditions, please click “Decline” on the Metropol CrystobolMenu.
3. You will be deemed to have read, understood and accepted these Terms and Conditions:
  1. upon clicking on the “Accept” option on the METROPOL CRYSTOBOLMenu requesting you toconfirm that you have read, understood and agreed to abide with these Terms andConditions; and/or
  2. by using or continuing to use and operate the Metropol Crystobol Serviceand/or theServices.
4. By registering forthe Metropol Crystobol Servicewith Metropol, you agree to comply with andbe bound by these Terms and Conditions for the time being and from time to time in forcegoverning the operation of the Metropol Crystobol Serviceand you affirm that these Terms andConditions herein are without prejudice to any right that Metropolmay have with respectto the Metropol Crystobol Servicein law or otherwise.
5. These Terms and Conditions may be amended or varied by Metropolfrom time to timeand the continued use of your Metropol Crystobol Serviceand/or the Services constitutes youragreement to be bound by the terms of any such amendment or variation.
REGISTRATION
1. In order to register for and operating aMetropol Crystobol Servicewith Metropol, you must be at least 18 years oldwith a Kenyan National Identity Number and a registered M-PESA Subscriber. Metropolreserves the right to verify with Safaricomthe authenticityof your M-PESA Account.
2. You may register for theMetropol Crystobol Servicesolely by way of an electronic application made byyou using your Equipment via the METROPOL CRYSTOBOLMenu on the Safaricom System.
3. You hereby agree and authorize Metropolto request Safaricom for your personal informationheld by Safaricom pursuant to the agreement between you and Safaricom for the provisionof Safaricom products and services and M-PESA Service including your phone number,name, date of birth, ID or Passport Number and such other information that will enable Metropolto identify you and comply with the regulatory “Know Your Customer” requirements(together the “Personal Information”). You also hereby agree and authorize Metropoltorequest Safaricom for information relating to your use of the M-PESA Service, M-PESA Systemand Safaricom Services as Metropolshall require for purposes of providing you the Services(“M-PESA Information”). You hereby consent to the disclosure of the Personal Information andthe M-PESA Information by Safaricom to Metropoland to the aforesaid use of the PersonalInformation and the M-PESA Information by Metropol.
4. You hereby agree and authorize Metropolto obtain and procure your PersonalInformation contained in the IPRS from the Government of Kenya and you furtheragree and consent to the disclosure and provision of such Personal Information by theGovernment of Kenya to Metropol.
5. You hereby further acknowledge and authorize Metropolto verify your PersonalInformation receivedfrom Safaricom pursuant to Clause 4.3 against the informationreceived from the Government of Kenya in your respect as contained in the IPRS.
6. Metropolreserves the right to request for further information from you pertaining to yourapplication for a Metropol Crystobol Serviceat any time. Failure to provide such informationwithin the time required by Metropolmay result in Metropoldeclining to accept yourregistrationfor a Metropol Crystobol Service.
7. Acceptance by Metropolof your registration for theMetropol Crystobol Serviceshall be donevia SMS sent to the Safaricom Mobile Phone Number associated with your M-PESAAccount. You acknowledge and accept that the acceptance by Metropolof yourregistrationfor theMetropol Crystobol Servicedoes not create any contractual relationshipbetween you and Safaricom beyond the terms and conditions that apply to your MPESAAccount from time to time.
8. Metropolreserves the right to decline your registrationfor theMetropol Crystobol Serviceor torevoke the same at any stage at Metropol’s sole discretion and without assigning anyreason or giving any notice thereto.
YOUR REQUESTS
1. You hereby irrevocably authorize Metropolto act on all Requests received by Metropolfromyou (or purportedly from you) through the System and to hold you liable in respect thereof.Metropolmay nevertheless refuse to carry out any Requests which would result in therebeing an overdraft on your Metropol Crystobol ServiceAccount.
2. Metropolshall be entitled to accept and to act upon any Request, even if that Requestis otherwise for any reason incomplete or ambiguous if, in its absolute discretion,Metropolbelieves that it can correct the incomplete or ambiguous information in the Requestwithout any reference to you being necessary.
3. Metropolshall be deemed to have acted properly and to have fully performed all theobligations owed to you notwithstanding that the Request may have been initiated, sent orotherwise communicated in error or fraudulently, and you shall be bound by any Requestson which Metropolmay act if Metropolhas in good faith acted in the belief that suchinstructions have been sent by you.
4. Metropolmay, in its absolute discretion, decline to act on or in accordance with the wholeor any part of your Request pending further enquiry or further confirmation (whether writtenor otherwise) from you. Metropolshall not be under any obligation to so decline in any case,and shall in no event or circumstance be liable for not so declining.
5. You agree to and shall release from and indemnify Metropolagainst all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way relatedto Metropolhaving acted in accordance with the whole or any part of any of your Requests(or failed to exercise) the discretion conferred upon it.
6. You acknowledge that to the full extent permitted by law Metropolshall not be liable for anyunauthorized drawing, transfer, remittance, disclosure, any activity or any incident on youraccount by the fact of the knowledge and/or use or manipulation of your METROPOL CRYSTOBOLPIN,password, ID or any means whether or not occasioned by your negligence.
7. You can only cancel your Request by calling the Customer Care Centre and Requestingcancellation. Cancellation will however only be allowed where your Request is revocableand has not yet been acted on. If Metropolis able to cancel your instruction you may becharged for such cancellation.
8. Metropolmay refuse to make a payment if you do not have sufficient funds in your Metropol CrystobolAccount. In deciding whether you have sufficient funds, Metropolwill take accountof any instructions to make payments and regular payments which have not yet been paidfrom your Metropol Crystobol Account. Metropolwill not be obliged to take account of regularcredits or any amounts received after it has decided not to make the payment.
9. Metropolis authorized to effect such orders in respect of your Metropol Crystobol Serviceas maybe required by any court order or competent authority or agency under the applicablelaws.
10. In the event of any conflict between any terms of any Request received by Metropolfromyou and these Terms and conditions, these Terms and conditions shall prevail.
OVERDRAWING YOUR METROPOL CRYSTOBOL ACCOUNT
1. No Overdraft will be allowed on your Metropol Crystobol Account.
2. Metropolis entitled to demand repayment of any money overdrawn from your accounttogether with interest and penalties.
CUSTOMER COMPLAINTS
1. Complaints may be made in person, in writing, by post, SMS, email or telephone.
2. Metropol will take all measures within its means to resolve your complaints within a reasonabletime. All complaints will be handled in accordance with the Banking (Credit Reference Bureau) Regulations, 2013, which are available on request from any Branch or theCustomer CareCentre. Where a notification regarding your complaint or any other matter is expectedfrom Metropolbut not received, the complaint must be made within a reasonable timeafter non-receipt of such notification.
3. Applicable tariffs will be charged by your telephone and internet service provider(s) whencommunicating with the Customer Care Centre.
INOPERATIVE AND DORMANT ACCOUNTS
1. Your registration to the Metropol Crystobol Servicewill automatically be classified as inactive if you do not initiateany transactions on the account for a continuous period of 12 months.
2. Metropolshall make reasonable endeavors to inform you of the intended classification ofyour Metropol Crystobol Serviceas inactive at least one (1) month before such classification. Metropolshall, no later than seven (7) days from the date of such classification, inform you ofsuch classification by way of SMS alerts addressed to your mobile telephone number.
3. Your Metropol Crystobol Servicewill be classified as Dormant if it remains inactive for a furtherperiod of 12 months, in which case the account balances shall be transferred from your Metropol CrystobolAccount to a central account for security reasons
4. You will not be allowed to transact on an inactive or dormant account but Metropolshall,upon your written (e.g. letter/email) request, inform you of the procedure to be followed toactivate your inactive/dormant account.
5. If your Metropol Crystobol Servicewill not have any transactions initiated by you for a continuousperiod of five (5) years or if you shall not have communicated with us for a continuousperiod of five (5) years regarding your Metropol Crystobol Service, such account will be presumedabandoned and transferred to the Unclaimed Financial Assets Authority as such.
METROPOL CRYSTOBOL CHARGES
1. Metropolmay debit your Metropol Crystobol Accountwith costs and othercharges in respect of Metropol’s products and services provided to you. Please visit your nearest branchor Agentfor a copy of the complete guide onMetropol’s Tariffs
2. Metropolwill give you at least seven (7) days’ notice of intention to effect new charges,fees, costs and/or commissions by way of email, SMS, letter and/or notices in the dailynewspapers.
TAXES
1. All payments to be made by you in connection with these terms and conditions arecalculated without regard to any taxes payable by you. If any taxes are payable inconnection with the payment, you must pay Metropolan additional amount equal to thepayment multiplied by the appropriate rate of tax. You must do so at the same time asmaking the payment.
2. Amounts in your Metropol Crystobol Servicemay be subject to withholding tax in accordancewith applicable law.
3. You consent and agree that Metropolmay withhold amounts in your Metropol Crystobol Account if any tax authority requiresMetropolto do so, or Metropolis otherwise required by law or pursuant to agreements withany tax authority to do so, or if Metropolneeds to comply with internal policies or with anyapplicable order or sanction of a tax authority.
SPECIFIC METROPOL CRYSTOBOL SERVICES
1. Registration is initiated when:
  1. You access the USSD code
  2. You make a payment to the designated MPESA Paybill number for the Metropol Crystobol Service
2. You will not be able to receive any services until registration is complete. Your registration will considered to be complete when:
  1. You make the complete registration payment as required by Metropol and as published in the Metropol Crystobol Tariff
  2. Metropol is able to verify your identity
  3. Metropol is able to verify ownership of the SIM card used to access the Service
  4. you receive a registration confirmation message from Metropol.
3. Upon registration you will receive your unique member number and PIN number. The PIN number will be used for any future access to the Metropol Crystobol Service on your Equipment.
4. Upon registrationMetropol Crystobol Service, you will be entitled, subject to these Terms andConditions, to one free credit report as per the Banking (Credit Reference Bureau) Regulations, 2013 under Regulation 28.
5. The products and services purchased throughMetropol Crystobol Service shall only be as pertains to the registered member.
6. All Metropol Crystobol Services are subject to applicable charges according to the Tariffpublished by Metropol.
7. You can only receive the Certificate of Clearance if you have nocurrent default items in your credit bureau profile
8. By using the METROPOL CRYSTOBOL Borrow Money Service you permit Metropol to:
  1. Share your information with prospective lendersincluding your name, phone number, location and credit score
  2. Share the details of your application including the loan type, amount,durationand other details as Metropol may find appropriate for the purpose of determining the exact loan request and matching with appropriate lenders.
  3. Share your credit report should the prospective lenders who mayrequest itfor the purpose of determining eligibility or creditworthiness.
  4. Keep track of the progress of your application and share the outcome of your credit application with other prospective lenders.
9. The Credit report and the Certificate of Clearance will be delivered to you through Metropol online portals and will be availed in PDF format. Metropol will not provide proprietary PDF reading software. Metropol will communicate via SMS the link to the online portal where you can download your report.
10. Metropol reserves the right to change the download links from time to time as it deems necessary.
11. Any download link provided will remain valid for 7(seven)daysafter which Metropol cannot guarantee availability of the same.
12. As a registered user of Metropol Crystobol Service, you authorize Metropolto send occasional promotional messages to you through the contact details that you provide.
DISCLOSURE
1. You hereby expressly consent and authorize Metropolto disclose receive,record or utilizeyour personal information or information or data relating toyour Metropol Crystobol Serviceandany details of your use of the Services:
  1. to and from Metropol’s service providers, dealers, agents or any other companythat may be or become Metropol’s subsidiary or holding company forreasonable commercial purposes relating to the Services;
  2. to Metropol’s lawyers, auditors or other professional advisors or to any court orarbitration tribunal in connection with any legal or audit proceedings;
  3. to Safaricom in connection with the M-PESA Service and the Services;
  4. for reasonable commercial purposes connected to your use of the Services,such as marketing and research related activities; and
  5. in business practices including but not limited to quality control, training andensuring effective systems operation.
2. You authorize Metropolto disclose any information relating to your Metropol Crystobol Service Account to any local or international law enforcement or governmentalagencies so as to assist in the prevention, detection, investigation or prosecutionof criminal activities or fraud or to any other institution or third party as requiredby the laws of any country and as Metropolmay deem necessary.
3. In the event of death, your estate administrator will be granted access toyour Metropol Crystobol Serviceupon production of administration letters from acompetent authority or confirmed grant of letters of administration or confirmedgrant of probate by your legal representatives duly appointed by the Court.
YOUR EQUIPMENT AND RESPONSIBILITIES
1. You shall at your own expense provide and maintain in safe and efficient operatingorder your Equipment necessary for the purpose of accessing the System and the Services.
2. You shall be responsible for ensuring the proper performance of your Equipment. Metropolshall neither be responsible for any errors or failures caused by any malfunction ofyour Equipment, and nor shall Metropolbe responsible for any computer virus or relatedproblems that may be associated with the use of the System, the Services and theEquipment.
3. You shall be responsible for charges due to any service provider providing youwith connection to the Network and Metropolshall not be responsible for losses or delayscaused by any such service provider.
4. You shall follow all instructions, procedures and terms contained in these Terms andConditions and any document provided by Metropolconcerning the use of the Systemand Services.
5. You agree and acknowledge that you shall be solely responsible for the safekeeping andproper use of your Equipment and for keeping your METROPOL CRYSTOBOLPIN secret and secure. Youshall ensure that your METROPOL CRYSTOBOLPIN does not become known or come into possessionof any unauthorized person. Metropolshall not be liable for any disclosure of your Metropol CrystobolPIN to any thirdparty and you hereby agree to indemnify and hold Metropolharmless from any losses resulting from any METROPOL CRYSTOBOLPIN disclosure.
6. You shall take all reasonable precautions to detect any unauthorized use of the Systemand the Services. To that end, you shall ensure that all communications from Metropolareexamined and checked by you or on your behalf as soon as practicable after receipt byyou in such a way that any unauthorized use of and access to the System will be detected.
7. You shall immediately inform Metropolthrough the Customer Care Centre in the eventthat:
  1. You have reason to believe that your METROPOL CRYSTOBOLPIN is or may be known to anyperson not authorized to know the same and/or has been compromised; and/or
  2. You have reason to believe that unauthorized use of the Services has or may haveoccurred or could occur and a transaction may have been fraudulently input orcompromised.
8. You shall at all times follow the security procedures notified to you by Metropolfrom time to time or such other procedures as may be applicable to the Services fromtime to time. You acknowledge that any failure on your part to follow the recommendedsecurity procedures may result in a breach of your Metropol Crystobol Service’s confidentiality.
9. In particular, you shall ensure that the Services are not used or Requests are not issued orthe relevant functions are not performed by anyone other than a person authorized todo so.
10. You shall not at any time operate or use the Services in any manner that may be prejudicialto Metropol.
EXCLUSION OF LIABILITY
1. Metropolshall not be responsible for any loss suffered by you should the Services beinterfered with or be unavailable by reason of (a) the failure of any of your Equipment,or (b) any other circumstances whatsoever not within Metropol’s control including,without limitation, force majeure or error, interruption, delay or non-availability of theSystem, terrorist or any enemy action equipment failure, loss of power, adverse weather oratmospheric conditions, and failure of any public or private telecommunications system.
2. Metropolwill not be liable for any losses or damage suffered by you as a result of or inconnection with:
  1. unavailability of sufficient funds in your M-PESA Account and/or in your Metropol Crystobol Account;
  2. failure, malfunction, interruption or unavailability of the System, your Equipment, theNetwork, M-PESA System and/or M-PESA Service;
  3. the money in your Metropol Crystobol Servicebeing subject to legal process or otherencumbrance restricting payments or transfers thereof;
  4. your failure to give proper or complete instructions for payments or transfers relatingto your Metropol Crystobol Service;
  5. any fraudulent or illegal use of the Services, the System and/or your Equipment; or
  6. Your failure to comply with these Terms and conditions and any document orinformation provided by Metropolconcerning the use of the System and theServices.
3. If for any reason otherthan a reason mentioned in subparagraphs14.1 or 14.2, the Servicesare interfered with or unavailable, Metropol’s sole liability under this Agreement in respectthereof shall be to re-establish the Services as soon as reasonably practicable.
4. Save as provided in subparagraph14.3Metropolshall not be liable to you for any interferencewith or unavailability of the Services, howsoever caused.
5. Under no circumstances shall Metropolbe liable to you for any loss of profit or anticipatedsavings or for any indirect or consequential loss or damage of whatever kind, howsoevercaused, arising out of or in connection with the Services even where the possibility of suchloss or damage is notified to Metropol.
6. All warranties and obligations implied by law are hereby excluded to the fullest extentpermitted by law.
REFUND POLICY
1. We will refund yourtransaction amount and fee or your credit balance if:
  1. You close your Crystobol account while you still have E-Money in it.
  2. You have been wrongly charged by Metropol CRB Ltd or where it is establishedthat your account was debited without proper transfer instructions authorized by means of Your PIN.
2. In the event that your account is closed as a result of your death, the credit balance in your account shall be paid over to a beneficiary stated in a beneficiary nomination letter or administrator nominated in the letters of administration issued by the Master of the High Court.
3. You need to contact the Customer Call Centre to claim your refund through email, telephone or webform.We will endeavor to effect refunds as soon as possible but in any event not later than 5 days from the date on which a claim for refund was madeby you.
4. You have two options to request for refund:
  1. Direct reversal through M-PESA (Your Crystobol balance must match the refund amount requested).You may be asked to pay for service request already processed.
  2. Refund through cash or M-PESA. You shall receive a notification to collect cash from our offices. You shall be asked to sign relevant documents to confirm receipt of the refund. You may request to have the refund amount sent to you through M-PESA. The amount shall be net of M-PESA transaction charges and shall ONLY be paid to mobile number registered on Crystobol.
5. If you have E-money left in your account which has not been accessed for more than 10 years, we will transfer the cash equivalent of that E-Money to Unclaimed Property Assets Registry (UPAR) and/or other relevant authorities.
INTELLECTUAL PROPERTY RIGHTSYou acknowledge that the intellectual property rights in the System (and any amendments,upgrades or enhancements thereto from time to time) and all associated documentation thatMetropolprovides to you through the System or otherwise are vested either in Metropolor inother persons from whom Metropolhas a right to use and to sub-license the System and/or thesaid documentation. You shall not infringe any such intellectual property rights. You shall notduplicate, reproduce or in any way tamper with the System and associated documentationwithout the prior written consent of Metropol.
INDEMNITY
1. n consideration of Metropolcomplying with your instructions or Requests in relation the Metropol Crystobol Service, you undertake to indemnify Metropoland hold it harmless against anyloss, charge, damage, expense, fee or claim which Metropolsuffers or incurs or sustainsthereby and you absolve Metropolfrom all liability for loss or damage which you maysustain from Metropolacting on your instructions or requests or in accordance with theseterms and conditions.
2. The indemnity in clause17.1shall also cover the following:
  1. All demands, claims, actions, losses and damages of whatever nature whichmay be brought against Metropolor which it may suffer or incur arising from itsacting or not acting on any Request or arising from the malfunction or failure orunavailability of any hardware, software, or equipment, the loss or destruction ofany data, power failures, corruption of storage media, natural phenomena, riots,acts of vandalism, sabotage, terrorism, any other event beyond Metropol’s control,interruption or distortion of communication links or arising from reliance on anyperson or any incorrect, illegible, incomplete or inaccurate information or datacontained in any Request received by Metropol.
  2. Any loss or damage that may arise from your use, misuse, abuse or possessionof any third party software, including without limitation, any operating system,browser software or any other software packages or programs.
  3. Any unauthorized access to your Metropol Crystobol Serviceor any breach of security orany destruction or accessing of your data or any destruction or theft of or damageto any of your Equipment.
  4. Any loss or damage occasioned by the failure by you to adhere to these Termsand Conditions and/or by supplying of incorrect information or loss or damageoccasioned by the failure or unavailability of third party facilities or systems or theinability of a third party to process a transaction or any loss which may be incurredby Metropolas a consequence of any breach by these Terms and conditions.
  5. Any damages and costs payable to Metropolin respect of any claims againstMetropolfor recompense for loss where the particular circumstance is within yourcontrol.
VARIATION AND TERMINATION OF RELATIONSHIP
1. Metropolmay at any time, upon notice to you, terminate or vary its business relationshipwith you and close your Metropol Crystobol ServiceAccount.
2. Without prejudice to Metropolrights under clause18.1, Metropolmay at its sole discretionsuspend or close your Metropol Crystobol ServiceAccount:
  1. if you use the Metropol Crystobol Servicefor unauthorized purposes or where Metropoldetects any abuse/misuse, breach of content, fraud or attempted fraud relatingto your use of the Services;
  2. if your M-PESA Account or agreement with Safaricom is terminated for whateverreason;
  3. if Metropolis required or requested to comply with an order or instruction of ora recommendation from the government, court, regulator or other competentauthority;
  4. if Metropolreasonably suspects or believes that you are in breach of theseterms and conditions;
  5. where such a suspension or variation is necessary as a consequence of technicalproblems or for reasons of safety;
  6. to facilitate update or upgrade the contents or functionality of the Services fromtime to time;
  7. where your account becomes inactive or dormant;
  8. if Metropoldecides to suspend or cease the provision of the Services for commercialreasons or for any other reason as it may determine in its absolute discretion.
3. You may close your Metropol Crystobol Serviceat any time at any Customer Care Centre.
4. If your Metropol Crystobol Servicehas any credit balance at the time of its closure, we willreturn any such balance toyou, less any applicable fees.
5. Termination shall however not affect any accrued rights and liabilities of either party.
6. If Metropolreceives notice of your demise, Metropolwill not be obliged to allow anyoperation ofyour Metropol Crystobol Serviceby any person except uponproduction of administration letters from a competent authority or confirmed grant ofletters of administration or confirmed grant of probate by your legal representativesduly appointed by the Court.
MISCELLANEOUS
1. These terms and conditions (as may be amended from time to time) form a legallybinding agreement binding on you and your personal successors.
2. This Agreement and any rights or liabilities accruing thereunder may not be assignedby you to any other person.
3. Metropolmay vary or amend these terms and conditions and the Transaction Feesat any time and without notice to you. Any such variations or amendments maybe published in posters or pamphlets available at Customer Care Centers,Agents outlets, branches, in the daily newspapers, on Metropoland/or Partners’websitesand/or by any other means as determined by Metropoland any such variations andamendments shall take effect immediately upon publication.
4. No failure or delay by either yourself or Metropolin exercising any right or remedyhereunder shall operate as a waiver thereof, nor shall any single or partial exercise ofany right or remedy prevent any further or other exercise thereof or the exercise ofany other right or remedy.
5. The rights and remedies herein provided are cumulative and not exclusive of anyrights or remedies provided by law.
6. If any provision of these Terms and Conditions shall be found by any duly appointedarbitrator, court or administrative body of competent jurisdiction to be invalid orunenforceable the invalidity or unenforceability of such provision shall not affect theother provisions herein.
7. Any addition or alteration to these Terms and Conditions may be made from time totime by Metropoland of which notice has been given to you by way of publicationas provided in subparagraph19.3shall be binding upon you as fully as if the samewere contained in these terms and conditions.
NOTICES
1. Metropolmay send information concerning the Metropol Crystobol Servicevia SMS to theSafaricom Mobile Phone number that you initiated registration with or that is associated with your M-PESA Account.
2. You acknowledge that you have no claim against Metropolfor damages resulting fromlosses, delays, misunderstandings, mutilations, duplications or any other irregularities dueto transmission of any communication pertaining to the Metropol Crystobol Service.
DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION
1. You may contact the Customer Care Center to report any disputes, claims or Metropol Crystobol Service Account discrepancies.
2. Any dispute arising out of or in connection with this Agreement that is not resolved byCustomer Care Centre representatives shall be referred to arbitration by a single arbitratorto be appointed by agreement between the parties or in default of such agreementwithin 60 days of the notification of a dispute, upon the application of either party, bythe 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 withthe Rules of Arbitration of the said Institute and subject to and in accordance with theprovisions of the Arbitration Act.
3. To the extent permissible by Law, the determination of the Arbitrator shall be final,conclusive and binding upon the parties hereto.
4. This Agreement shall be governed by and construed in accordance with the laws of theRepublic of Kenya.