1.1. This Agreement sets out the complete Terms and Conditions (hereinafter called "these Terms and Conditions") which shall be applicable to Rukisha Advances Solutions loan Applications (as hereinafter defined)

1.2. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

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

2.1.1. “Rukisha Advances Solutions” means a mobile application or USSD code used by CPF Pensioners & CPF Family members to access the mobile loan facility in accordance with the terms and conditions herein contained;

2.1.2. “Customer” means CPF staff members and their relatives, CPF pensioners and any other pre-approved person.

2.1.3. “Customer Care Centre" means any CPF Branch outlet and CPF Agent as may be notified to the Customer by CPF Financial Services from time to time;

2.1.4. “Request” means a request or instruction received through the Rukisha USSD code and the Rukisha Advances Solutions Mobile Application from you or purportedly from you through the Network and the System.

2.1.5. Rukisha Advances Solutions” means a lending solution with a unique value proposition.

2.1.6 Safaricom means Safaricom Limited incorporated in Kenya as a limited liability Company under the Companies Act (Cap 486 of the Laws of Kenya);

2.1.7. “Save As You Spend” means CPF staff members and their relatives, CPF pensioners and any other pre-approved person are allowed to automatically set aside savings each time they make a payment through the Rukisha wallet.

2.1.8. “Pension Plus” means a product that seeks to enhance the MPension product trough product bundling

2.1.9. “E-Money” means the electronic monetary value depicted in your M-PESA Account representing an equal amount of cash;

2.1.10. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network;

2.1.11. “Rukisha Advances Solutions Menu” means the Rukisha Advances Solutions Menu on the Rukisha mobile wallet and the Rukisha USSD Code;

2.1.12. “M-PESA Account” means your mobile money store of value, being the record maintained by Safaricom of the amount of E-Money from time to time held by you in the M-PESA System;

2.1.13. “M-PESA Service” means the money transfer and payments service provided by Safaricom through the M-PESA System;

2.1.14. “M-PESA System” means the system operated by Safaricom in Kenya for the provision of the M-PESA Service using the Network;

2.1.15. ”M-PESA Subscriber” means any person registered to use the M-PESA System to send or receive money or make payments;

2.1.16. ”Network” means the mobile cellular network operated by Safaricom in Kenya;

2.1.17. “Services” shall include any from Rukisha Advances Solutions or products that the company may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;

2.1.18 “Request” means a request or instruction received through the Rukisha USSD code and the Rukisha Advances Solutions Mobile Application for purportedly from you through the Network and the System

2.1.19. “SIM Card” means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the M-PESA System;

2.1.20. “SMS” means a short message service consisting of a text message transmitted from one mobile phone to another;

2.1.21. “System” means the Rukisha Advances Solutions communications software enabling the Customer to communicate with Rukisha Advances Solutions systems for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Rukisha wallet and the Rukisha USSD code.

2.1.22. “Transaction Fees” includes the processing Fee, the Insurance Fee, the interest rate Fee and any other fees.

2.1.23. “We,” “our,” and “us,” means Rukisha Advances Solutions and includes the successors and assigns of the CPF Financial Services Limited;

2.1.24. "You" or "your" means the Customer and includes the personal representatives of the Customer;

2.2. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;

2.3. Credit Limit –Means the maximum pre-approved amount that a customer can borrow on this service.

2.4 “USSD Code”- Means the code programmed into your cell phone to make it easier to perform certain actions.

2.5. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.

3.1. Before applying to register with the Rukisha Advances Solutions Mobile Application via the Rukisha Advances Solutions Mobile wallet or the USSD Code you should carefully read and understand these Terms and Conditions which will govern the use and operation of the Rukisha Advances Solutions Mobile Application.

3.2. If you do not agree with these Terms and Conditions, please click “Decline” on the Rukisha Advances Solutions Menu.

3.3. You will be deemed to have read, understood and accepted these Terms and Conditions:- Advances Solutions Mobile Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

3.3.1. Upon clicking on the “Accept” option on the Rukisha

3.3.2. Rukisha Advances Solutions Mobile Application.

3.4. By Registering to Rukisha Advances Solutions mobile application 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 the Rukisha Advances Solutions mobile application and you affirm that these Terms and Conditions herein are without prejudice to any right that Rukisha Advances Solutions may have with respect to the Rukisha Advances Solutions in law or otherwise.

3.5. These Terms and Conditions may be amended or varied from time to time and the continued use of your Rukisha Advances Solutions constitutes your agreement to be bound by the terms of any such amendment or variation.

3.6. You acknowledge and accept that you agree to do business with Rukisha Advances Solutions and to operate the Rukisha Advances Solutions mobile Application only by electronic means via the Rukisha Advances Solutions Mobile Menu on the Rukisha wallet or the Rukisha USSD code

4.1. In order to register for Rukisha Advances Solutions Mobile application you must have a valid Kenyan Identification Card, A Registered Safaricom telephone number, you must be a registered and active M-PESA Subscriber. Your telephone number MUST tally with your Kenyan Identification Card.

4.2. You may register with Rukisha Advances Solutions mobile application solely by way of an electronic application made by you using your Equipment via the Rukisha Advances Solutions mobile application Menu on the Mobile System.

4.3. You hereby agree and authorize Rukisha Advances Solutions to request Safaricom for your personal information held by Safaricom pursuant to the agreement between you and Safaricom for the provision of 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 Rukisha Advances Solutions to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). You also hereby agree and authorize the Rukisha Advances Solutions to request Safaricom for information relating to your use of the M-PESA Service and M-PESA System as Rukisha Advances Solutions shall require for purposes of providing you the Services (“M-PESA Information”). You hereby consent to the disclosure of the Personal Information and the M-PESA Information by Safaricom to Rukisha Advances Solutions to the aforesaid use of the Personal Information and the M- PESA Information by Rukisha Advances Solutions.

4.4. You hereby agree and authorize Rukisha Advances Solutions to obtain and procure your Personal Information and you further agree and consent to the disclosure and provision of such Personal Information.

4.5. You hereby further acknowledge and authorize Rukisha Advances Solutions to verify your Personal Information received from Safaricom pursuant to

4.6. Rukisha Advances Solutions reserves the right to request for further information from your employer pertaining to your application for Rukisha Advances Solutions Mobile Application of Rukisha Advances Solutions at any time. Failure to provide such information within the time required by the Rukisha Advances Solutions may result in the company declining to accept your application for a Rukisha Advances Solution mobile application.

4.7. Acceptance by Rukisha Advances Solutions System of your application for Rukisha Advances Solutions loan application shall be done via SMS sent to the Safaricom Mobile Phone Number associated with your M-PESA Account. You acknowledge and accept that the acceptance by the Rukisha Advances Solutions system of your application for registration to Rukisha Advances Solutions does not create any contractual relationship between you and Safaricom beyond the terms and conditions that apply to your M-PESA Account from time to time.

4.8. Rukisha Advances Solutions reserves the right to decline your application for Rukisha Advances Solutions mobile registration or to revoke the same at any stage at the company’s sole discretion and without assigning any reason or giving any notice thereto.

5.1.1. As a holder of Rukisha Advances Solutions mobile application wallet you will be entitled, subject to these Terms and Conditions, to operate a Rukisha wallet (hereinafter the Rukisha wallet”) into which you may transfer money from your Wallet to MPESA, MPESA to Rukisha, Rukisha to Rukisha, Save As You Spend (SAYS), Agent to Rukisha, Rukisha Agent withdrawal.

5.2. Rukisha Mwaka Is a short term loan facility with a maximum repayment period of 6 months the loan amount shall be scored at a factor of two of employees one month net salary which means one will be able to qualify for a maximum of two (2) times their net salary Processing fee of 2% of the borrowed amount and an interest rate of 10% flat applies. A penalty of 3% shall be levied per month for non-payment/non remittance. An insurance fee of 0.05% is payable for group life cover and a sum of KES.290 for the group life cover In the event that you do not repay the Loan in full within the agreed period of time upon the date of disbursement of the Loan and in the event of death.

5.2.1. Rukisha Mwaka Plus This is a loan facility with a maximum payment period of one year (12months). The loan amount shall be scored at a factor of two (2) times of the employees one month salary. This means that one is able to qualify for two times of their net salary a processing fee of 2% of the borrowed amount and an interest rate of 12% flat applies. A Penalty fee of 3% shall be levied per month for non-repayment/ non remittance. An insurance fee of 0.50% is payable for the group life cover and a sum of KES.290 for group life cover In the event that you do not repay the loan in full within the agreed period of time upon the date of disbursement of the Loan and in the event of death.

5.2.2. The proceeds of the Loan shall be credited into your M- PESA or the Rukisha wallet subject to any deductions on account of applicable Processing Fees.

5.2.3. You shall repay the Loan for Rukisha Mwezi within thirty (30) Calendar days of the date of disbursement of the Loan for Rukisha Mwaka within one hundred & eighty (180) calendar days of the date of disbursement. Rukisha Mwaka Plus shall be repaid within twelve (12) months upon disbursement of the loan.

5.3.3 Any loss of employment will mean that your terminal benefits will be used to recover the loan.

5.3.4. You hereby expressly consent and authorize the Rukisha Advances Solutions Management team to disclose, respond, advise exchange and communicate the details or information per training to your Rukisha Advances Solutions loan application.

5.5.1. The salary advance shall be a maximum of 50% of the employee’s net pay and repayable within a period of 30 days. The processing fees for advance shall be 1% of the amount borrowed and recoverable on disbursement. The advance shall attract an interest of 10% on the amount borrowed. A penalty of 3% shall be levied per month for non-payment/ non remittance. Insurance of fee of 0.50% is payable for group life cover and a sum of KES. 290 for group life cover In the event that you do not repay the Loan in full within the agreed period of time upon the date of disbursement of the Loan and in the event of death.

5.5.2. Okoa Mwezi This a short term loan facility exclusively for pensioners with a maximum repayment period of 30 days the processing fee of the advance shall 1% of the amount borrowed and recoverable on disbursement. The advance shall attract an interest rate of 5% on the amount borrowed. A penalty of 3% shall be levied per month for non-repayment/non remittance.

5.5.3. Okoa Mwezi Plus This is a loan facility exclusively for pensioners with a maximum repayment period of 3 months. A processing fee of 1.5% of the borrowed amount and an interest rate of 7.5% flat applies. A penalty fee of 3% shall be levied per month for non-repayment/ non remittance. An insurance fee of 0.50% is payable for the group life cover and a sum of KES.290 for group life cover In the event that you do not repay the loan in full within the agreed period of time upon the date of disbursement of the Loan and in the event of death

5.5.2 Rukisha Advances Solutions shall be entitled to terminate this Agreement in an event that the Memorandum of Understanding (MOU) with its partners is violated.

5.5.3 All Payments of the Rukisha Advances Solutions loan facility is through check off, Rukisha wallet and any other electronic wallet.

5.5.4 Rukisha Advances Solutions reserves the right to vary the terms of the Loan including the fees payable thereon from time to time having regard to the prevailing rules and regulations of the Central Bank of Kenya.

5.5.5. TOP-UP LOAN CPF Staff are eligible to apply for a top-up loan through the Rukisha Application and the USSD code. One is eligible for a top up loan if they have not exceeded the stipulated loan limit in each loan category for Rukisha Mwezi, Rukisha Mwaka & Rukisha Mwaka Plus. Every top up loan will incur processing fee, interest and insurance fee respectively.

5.5.6 LPO Financing- This is a Rukisha financing solution that enables contractors and vendors in reputable organizations to obtain working capital to complete work orders and local purchase orders in respective companies. 50% financing of the LPO amount, 1.5% interest per month and 1% processing fee on the amount applied. 1% penalty per month will apply for a period above 90days and an insurance of 0.5% of the applied amount. The processing fee and the insurance fee shall be deducted at the point of disbursement, while the principal amount and the interest shall be recovered upon the LPO payment which shall be paid into the Rukisha wallet.

5.5.7 Invoice Discounting- This is a Rukisha financing solution that enables business to gain access to cash tied up in unpaid invoices and tap into the value of their sales ledger, with a 90% financing rate on the invoice amount, 1% processing fee and 0.5% Insurances fee on the invoice amount with a 2% cost on discounting. The amount and interest will be recovered when processing payment while the processing fee will be recovered upon disbursement of the loan.

6.1 You hereby agree to pay all Transaction Fees payable in connection with your use of the Rukisha Advances Solutions Loan Services.

6.2 Your loan shall be deducted directly from your salary (Check Off) or against the invoices being paid by CPF or any of its entities

6.3 All other fees, expenses and taxes, duties, impositions and expenses incurred in complying with your request shall be recovered from the loan proceeds , salary or against invoices payable.

6.4 Where a loan has remained unpaid after the expiry of the loan period but had already received a single instalment payment, the same shall be rolled over for a similar period and shall take the form of a top up with no additional amount but to cushion Rukisha against credit income loss.

6.5 Any loan roll overs in 6.4 above shall treated as new loans and the processing fee shall be levied on the outstanding amount For renewed / rolled over loan plus interest for the new period and related loan insurance cost.

6.6 A loan can only be rolled over for a maximum of two (2) similar periods for similar amounts. Such loans shall be declared to be fully in default and thereafter a penalty fee of 1% per month shall apply on the outstanding balance until the loan is fully recovered.

6.7 Any loan atttacting penalty fee as indicated in 6.6 above shall be classified as non performing.

6.8 Any non performing loan as per clause 6.7 above shall immediately be put on collection and an appropriate demand letter will be made to both the staff and a copy to HR for purposes of appropriate action and safeguard the Rukisha lending capital.

7.1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the Rukisha wallet and the Services.

7.2. You shall be responsible for ensuring the proper performance of your Equipment. Rukisha Advances solutions shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall the Rukisha Advances Solutions be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and the Rukisha Advances solutions shall not be responsible 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 Rukisha Advances Solutions concerning the use of the system and Services.

7.4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your M-PESAPIN, Rukisha wallet & USSD code PIN secret and secure. You shall ensure that your PINs do not become known or come into possession of any unauthorized person. Rukisha Advances Solutions shall not be liable for any disclosure of your PINs to any third party and you hereby agree to indemnify and hold Rukisha Advances Solutions harmless from any losses resulting from any PINs disclosure.

The Rukisha Advances Solutions wallet allows customers to transfer their money to MPESA or make payments with vendors on boarded on the Rukisha App, a customer can save at the rate of 0%, 10%, 20%, 30% and 40% to the SAYS wallet. Through this customers will save towards their Pension, Healthcare, Insurance and Education.

These are additional benefits members of the scheme get through the Rukisha. These additional benefits include last expense cover in addition to other solutions such as education, holiday, saving facility & medical.

10.1. You hereby irrevocably authorize Rukisha Advances Solutions to act on all Requests received from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.

10.2. If you request the Rukisha Advances Solutions loan application system to cancel any transaction or instruction after a Request has been received by the system from you, the system may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.

10.3. Rukisha Advances solutions loan application system shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the loan system believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

10.4. Rukisha Advances Solutions loan application systems is authorized to effect such orders in respect of your Rukisha wallet Account as may be required by any court order or competent authority or agency under the applicable laws.

10.5. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, M- PESA System and/or M-PESA Service;

10.6. The money in your Rukisha wallet being subject to legal process or other encumbrance restricting payments or transfers thereof;

10.7. Your failure to give proper or complete instructions for payments or transfers relating to your Rukisha wallet;

10.8. Any fraudulent or illegal use of the Services, the System and/or your Equipment; or

10.9. Your failure to comply with these Terms and Conditions and any document or information provided by the Rukisha Advances Solutions concerning the use of the System and the Services.

10.10. If for any reason other than a reason mentioned in subparagraphs 10.1 or 10.2, the Services are interfered with or unavailable, Rukisha Advances Solutions sole liability under this Agreement in respect the reof shall be to re-establish the Services as soon as reasonably practicable.

10.11. Save as provided in subparagraph 10.3 Rukisha advances solutions shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.

10.12. Under no circumstances shall Rukisha Advances Solutions be liable to you for any loss of profit or anticipated savings or for 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 the Rukisha customer care.

10.13. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

10.14. You shall take all reasonable precautions to detect any unauthorized use of the Rukisha wallet/USSD code and the Services. To that end, you shall ensure that all communications from Rukisha Advances are Examined and checked by you as soon as possible practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.

10.15. You shall immediately inform the Rukisha Advances Solutions through the Customer Care Centre in the event that:

10.16. You have reason to believe that your M-PESA PIN, your Rukisha wallet or USSD code PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or

10.17. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

10.18. You shall at all times follow the security procedures notified to you by the Rukisha Advances Solutions management team from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Rukisha wallet and USSD code confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.

10.19. You shall not at any time operate or use the Services in any manner that maybe prejudicial to the Rukisha Advances Solutions.

11.1. Rukisha Advances solutions shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the Loan application system 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 or atmospheric conditions, and

11.2. Rukisha Advances Solutions will not be liable for any losses or damage suffered by you as a result of or in connection with:- License the System 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 Rukisha Advances Solutions.

11.2.1. Any unauthorized access to your Rukisha wallet and the USSD code or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.

11.2.2. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of 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 which may be incurred by Rukisha Advances Solutions as a consequence of any breach by these Terms and Conditions.

11.2.3. If your M -PESA Account or agreement with Safaricom is terminated for whatever reason

11.2.4. if you use Rukisha Lending Solutions wallet and USSD code for unauthorized purposes or where the system detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

11.2.5. If the Rukisha wallet is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority

11.2.6 You hereby expressly consent and authorize the Rukisha system to disclose receive record or utilize your personal information or information or data relating to your Rukisha account and any details of your use of the Services:

11.2.7. to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;

11.2.8. to and from the Rukisha service providers, dealers, agents or any other company that may be or become Rukisha’s subsidiary or holding company for reasonable commercial purposes relating to the Services;

11.2.9. to Rukisha Advances Solutions lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

11.2.10. to Safaricom in connection with the M-PESA Service and the Services;

11.2.11. For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities;

12.1. In consideration of Rukisha Advances Solutions complying with your instructions or Requests in relation the Rukisha wallet Account, you undertake to indemnify the Rukisha Advances Solutions and hold it harmless against any loss, charge, damage, expense, and fee or claim which the Lending facility suffers or incurs or sustains thereby and you absolve Rukisha. Lending Solutions from all liability for loss or damage which you may sustain from the borrowing action on your instructions or requests or in accordance with these Terms and Conditions.

12.2. The indemnity in clause 12.1 shall also cover the following:

12.2.1. All demands, claims, actions, losses and damages of whatever nature which may be brought against Rukisha Lending Solutions 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 Rukisha Lending solutions 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 Rukisha Advances Solutions.

12.2.2 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 programs

12.2.3 Any unauthorized access to your Rukisha Advances Solutions wallet or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.

12.2.4 Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of 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 which may be incurred by Rukisha Advances Solutions as a consequence of any breach by these Terms and Conditions.

12.2.5 Any damages and costs payable to Rukisha Advances Solutions in respect of any claims against Rukisha Advances Solutions for recompense for loss where the particular circumstance is within your control.

13.1. Rukisha Advances Solutions may at any time, upon notice to you, terminate or vary its business relationship with you and close your (MOU) Memorandum of Understanding and in particular but without prejudice.

13.2.4. If Rukisha Lending Solutions management reasonably suspects or believes that you are in breach of these Terms and conditions

13.2.5. Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;

13.2.6. To facilitate update or upgrade the contents or functionality of the Services from time to time;

13.2.7. Where you remain inactive for any period of time determined by Rukisha Advances Solutions systems in its reasonable discretion; or

13.2.8. If Rukisha Advances Solutions 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.

13.3. You may close your Rukisha wallet at any time.

13.4. If your Rusha wallet has any credit balance at the time of its closure, we will return any such balance to you, less any applicable fees. If your Rukisha wallet is in arrears at the time of closure of your Rukisha wallet, you agree to pay to us immediately all amounts you owe us.

13.5. Termination shall however not affect any accrued rights and liabilities of either party.

13.6. If Rukisha Advances solutions management team receives notice of your demise, the team will not be obliged to allow any operation or withdrawal from your Rukisha wallet by any person except upon production of Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court

14.1.1. Rukisha Advances solutions may send information concerning the Rukisha wallet via SMS to the Safaricom Mobile Phone number associated with your M-PESA Account.

14.1.2. You acknowledge that you have no claim against Rukisha Advances Solutions for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the Rukisha wallet.

15.1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.

15.2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person

15.3. Rukisha Advances Solutions may vary or amend at any time and without notice to you these Terms and Conditions and the Transaction Fees. Any such

15.4. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

15.5. 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 provisions herein.

15.6. Any addition or alteration to these Terms and Conditions may be made from time to time by Rukisha Advances solutions and of which notice has been given to you by way of publication as provided in subparagraph 15.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.

15.7. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya