By accessing and accepting to use Chama Systems mobile application and website, you are consenting to these Terms and Conditions (“T&C”). These terms and conditions govern the use of our system, and any other activity therein.
1. Services Offered
The system offers comprehensive Chama financial and operational services, which include streamlining member contributions, loaning, and performance management. By accessing and using our Chama Management System, you agree to abide by the Terms and Conditions, and all the relevant laws and regulations.
We also have a financial literacy program that trains informal and formal groups on prudent resource management. All these add up to our “Financial Inclusion” mantra that seeks to organize and direct attention on economic growth and development.
2. Registration
For users to access and use our system and services, they must create an account, filling in the required details. We advise them to provide accurate and complete information as it identifies them and is used for payments. Most importantly, the account details should be updated. Keep the language and user details cordial and avoid misleading or offensive usernames.
3. Conditions of Use
By accepting to use this system, you confirm to have read, understood, and agreed to these terms and conditions. If there is anything you do not agree or subscribe to, do not use this system.
If you are using the system in trust for a Chama, organization, or other legal entity, we take it that you represent the entity, and have the authority to bind that entity to these terms and conditions. In this respect you shall refer to that entity.
Chama Systems grants access to the use of this system and its services exclusively to those who accept these terms and conditions.
4. Privacy Policy
As a requirement for using our system, users have to read, understand, and agree to our data policies. It outlines how we collect, use, and manage user data as per the applicable laws and regulations.
5. Collection of Data
Continued us of the Chama Systems system shows acknowledgment and agreement that we store and process all data you provided to us as a way of enabling us to give you the service. It is the user’s responsibility to secure their devices that access the Chama Systems platform.
Chama Systems strongly advises against jailbreaking or rooting your phone, as the registration and system management process involves removing restrictions and limitations imposed by the computer or mobile application’s operating system. Doing so exposes your devices to potential risks and cyber-attacks, like malware, viruses, and other malicious programs. These harmful features may compromise your phone’s security features, posing a threat and security issues to your account.
6. Age Restriction
All Chama Systems users MUST be at least 18 years of age. By using our system, you confirm that you are over 18 years of age, and bound to adhere to this Agreement and its propositions. Chama Systems shall not be held liable for any damages or legal actions arising from any misrepresentations or failures to comply with these age requirements.
7. Intellectual Property
By agreeing to this terms and conditions, you agree that all information, formats and services provided on Chama Systems are our property. This also includes our affiliates, officers, employees, agents, and suppliers. All copyrights, trade formats, patents, and trademarks are BraphTech Systems intellectual property.
You will not copy, reproduce or redistribute any of our intellectual property in any way or format, including electronic or digital.
Chama Systems can use, copy, transmit, and broadcast the content uploaded and published on the platform. For content issues with intellectual property claims, contact the company to come to an agreement. Essentially, Chama Systems has the right to royalty-free and non-exclusive license to display any content of visuals on its website and other online platforms.
8. Accuracy of Chama Systems Services
The accuracy of our table banking and welfare management services provided through the system may vary. Factors to consider include, but not limited to, the user skills and the internet connection. While we strive to give the best quality services possible, we cannot assure 100% service accuracy. However, we will carry out regular system updates to improve on quality and accuracy of the service rendered.
9. Availability
We strive to ensure that the entire system (mobile application and website platform) are available as much as possible. In case there are technical issues, we will notify our clients and prepare them accordingly to minimize unexpected occurrences. However, we will not be liable to any losses, damage or misinformation thereof in case of system unavailability.
10. User or Third-Party Generated Content
If Chama Systems requests for additional features like images, videos, or text, users who choose to upload content should have the legal right to do so. The materials should not infringe on any third-party rights. We will not be responsible for user-generated content that infringes on third-party rights and reserves the right to remove such content that violates our terms or any applicable laws therein.
When users upload such content, they grant Chama Systems a non-exclusive, royalty-free license to use/display, distribute, and modify it for the purpose of improving the system’s services. This also includes, but not limited to, training our AI algorithms to better our service provision.
11. User Accounts
As a user of this system, you will register on our platform and provide private information about yourself. It is your responsibility to ensure that the information you provide is accurate. Update it when necessary to mirror updated information. You should also maintain the safety and security of your account.
The user is also responsible for all activities that happen in their account. If you notice any security issue regarding the safety of your account on the system, reach us immediately so that we can address it promptly.
Chama Systems reserves the rights to terminate any account(s), can edit or remove its content, and can cancel any application at their own sole discretion.
12. Chama Systems User Conduct
By using our system, users MUST agree to follow through and comply with all applicable regulations and Laws of Kenya, notably, but not limited to, intellectual property, data privacy, and decency and any other complementary laws.
Any contravention and violation of these laws, including our terms and conditions, can result in account suspension or termination altogether. Chama Systems has exclusive rights and reserve to monitor, observe and analyze user activity, and take appropriate action against account users who engage in harmful and unlawful conduct on the system or its users.
13. Third-Party Services
Chama Systems may, from time to time, utilize specific third-party services to enhance the optimal functionality and performance. These third-party services may require specific data as part of their operations and service provision. A section of these third-party service providers include Google Play Services, Google Analytics and Macra Systems.
By accepting these terms and conditions, you agree and acknowledge that these third-party services providers may come into contact with your data. However, our data privacy terms and conditions apply. The process also allows usage of their terms and conditions, which are well within the privacy and data protection laws.
However, note that these third-party services providers do not answer to us, and are beyond our direct control. We therefore cannot take direct responsibility for their act of commission or omission, or data-handling practices.
14. Payment and Financial Information Collection
The system collects user payment information to facilitate service payments as provided. It includes phone numbers, bank account information, credit card details, or any other relevant payment details.
All payment information collected is processed securely using industry-standard (SSL) encryption. We ensure security and other relevant protocols to prevent unauthorized access, data disclosure, alteration or any other distortion.
Additionally, the system collects and stores accounting billing information which including the user’s name, physical and email address, and other relevant details.
Chama Systems use this information to generate service invoices and receipts for services provided. We may also collect transaction history to maintain user records of past payments and transactions for consistency and adjustments, where necessary.
15. Recording and Retention of Session Data
The Company can record and retain user-customer service representative sessions conducted on the system for a period of Six (6) months. We use it for quality assurance, service enhancement and record-keeping purposes, helping us in dispute resolution if and when it arises.
The sessions can also be used to train other users and improve the system services. However, Chama Systems will not use the recorded sessions for any other purposes that infringes on the user’s confidentiality and information privacy in accordance with Kenyan law.
When the 6-month retention period expires, the system shall securely delete all recorded sessions, unless otherwise required by Kenyan law. Chama Systems may also disclose recorded sessions if required by law or by court order, or if it believes, in good faith, that such disclosure is important to protect its rights or property. Such disclosure can happen in case of an emergency, crime prevent or save a life.
16. Limitation of Liability
There are certain functions of the system that may require active internet connection through Wi-Fi or your mobile network provider. Chama Systems will not assume liability or any losses for any issues or limitations in the system’s functionality if the user does not have Wi-Fi connectivity or data bundles. It is the user’s responsibility to get a reliable internet connection for optimal system performance.
Chama Systems will not be liable for any direct, indirect, incidental, consequential, or punitive damages as a result of, or in connection with the user’s inability to use the system.
17. Mobile Network Charges, Data Roaming and Bill Payer Consent
If you are using the Chama Systems system without Wi-Fi, your mobile network service provider’s terms of agreement will apply. Consequently, you will incur charges from your mobile network service provider for data usage as you access the system.
By using our system, you will be responsible for any such charges, among them roaming data charges if you use Chama Systems outside Kenya (if you have not disabled data roaming.)
Furthermore, if you are not responsible for paying the bill on the device with our system, we assume that you have the consent from the bill payer to use our system. Any potential charges that may arise while using the system (mobile network charges or any other cost) will NOT be Chama Systems responsibility.
18. Indemnification
By using our Chama Systems, you agree to indemnify us and our affiliates, and to hold us harmless against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and court costs) arising from your use or misuse of our services. It includes, but is not limited to, violation of these understated Terms and Conditions, any privacy infringement of any intellectual property, or other person or entity rights, or any breach of representation (directly or indirectly) or warranty made by you herein.
In the event of any such claim or demand, we will select our own legal counsel or representative to represent us, and that you agree to fully comply with such counsel.
19. Limitation on Liability
By using Chama Systems, you agree that we will not be held responsible for any direct, indirect, incidental, or consequential damages as a result of your misuse of the system. This includes, but not limited to, loss of profits, business, goodwill, system use, data or other intangible or measurable losses.
20. Entire Agreement
These Terms and Conditions constitute the entire agreement between you, BraphTech Systems (Chama Systems Parent Company) and its partners, and override any prior agreements, or understandings, whether written or oral, regarding the use of Chama Systems platform.
21. Severability
If any of these Terms and Conditions are invalid or unenforceable for whatever reason, the remaining and resultant provisions will continue to be valid and enforceable. If a competent court finds that any of these Terms and Conditions is invalid or unenforceable, and by limiting such provisions, it would render other sections valid and enforceable, then such provision will be written, construed, and enforced as so dictated.
22. Governing Law and Jurisdiction
These terms and conditions shall be governed in accordance with the Kenyan Laws. Any disputes arising out of these terms and conditions, or the use of the system, shall abide to the exclusive jurisdiction of the Kenyan judicial system.
By using Chama Systems, you agree to conform to the jurisdiction of the courts of Kenya, and surrender any objections, abiding by its rulings and directions.
23. Disputes
Any dispute arising, in any way related to your use of this system, shall be arbitrated by the Kenyan judicial system. You will waive your consent to the exclusive jurisdiction and venue of such courts.
24. Modification of Terms and Conditions
We may omit, delete or update these Terms and Conditions at any given time without prior notice to users. The users should regularly check for updates to these terms, as it is their responsibility. By continuing to use this system after any changes to these provisions, the user unequivocally agrees to the updated terms.
Changes to these terms and conditions will be given on electronic mail or other means deemed appropriate.
These Terms and Conditions constitute a working agreement between the user and BraphTech Systems (Chama Systems Parent Company), and supersede any prior agreements, deliberations or understandings, whether written or oral, regarding the use of our system.