The Terms and Conditions listed below govern the access and use of our website (hereinafter called “the Website”) and mobile phone application (“the Application”) that enable you to transfer money (“the Service”).
The English language version of these Terms and Conditions is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with present Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.
In the present Terms and Conditions the terms “we”, “us”, “our” refer to Chura Ltd. and “you”, “your” refer to any person who accesses and/or uses the Service.
It is important that you understand that access and use of the Service is conditional on your acceptance of present Terms and Conditions.
In the present Terms and Conditions the below terms shall have the following meaning(s):
Chura Ltd. operates a website (the Website) that enable you to transfer money or airtime using a device connected to the Internet and/or a mobile phone.
Chura Ltd. is a company incorporated and licensed under the laws Kenya, engaged in the business of interoperability of payments with its Office located at C4DLab, Chiromo, University of Nairobi.
Chura Ltd. is regulated by the National payments acts for the interoperability of electronic payments.
We can be contacted via the following means:
As a fully regulated institution and with a purpose of providing the Service we are bound by the legal requirements to obtain, verify and record information about our customers where necessary. Therefore we may request from you or consult any legal sources to obtain your personal data when offering the Service to you.
Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.
By using the Service you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.
Without prejudice to your rights in relation to any order for Services in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:
Before your transaction is complete you will be provided with the following information:
After you place a digital payment interoperability transfer order via the Website or the Application an e-mail will be sent to you acknowledging that your request is being processed. Please note that this does not mean that your order is accepted.
A transaction order constitutes solely an offer to buy our services, which is subject to our discretionary acceptance. Such acceptance will be communicated to you via e-mail or SMS confirming that we are processing your request (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent.
The Contract relates solely to the services that have been confirmed accepted in the Confirmation.
We reserve the right to refuse to perform any of the Services (including after Confirmation) if:
After we process your transaction to the Recipient, an e-mail will be sent to you with the following information:
If a digital payment interoperability transfer you ordered is delayed or fails, you may have a right to receive a refund. Please contact us at firstname.lastname@example.org for more information regarding refunds.
Claims for refund must be supported by all available evidence.
If a digital payment interoperability is in accordance with an order you made and that we Confirmed is delayed or fails we will notify you the underlying reason. In cases where you do not hear from us you have the right to contact us and we will identify the cause where it is possible to do so. In case our third party partners are the reason for the delay we will follow up to know the cause.
Except as provided in clause 9.5, we shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of the possibility of such loss.
Nothing in this clause shall:
You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.
The Fees for each Service we have provided to you have to be paid.
You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.
In relation to your registration and use of the Service you will:
The prices for the Chura money Services consist of FX Spread and the Fees. For Mpesa to PayPal and card to Mpesa services you only incur exchange fees.
Our Fees vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the Confirmation.
All transactions will be charged as soon as we accept your request for the payment interoperability transfer.
When you pay by debit card for Card to Mpesa services and your order is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue.
Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honored in accordance with their published terms.
You have a right to cancel an order before payment has been made to the Recipient. You may exercise this right by:
All promotions, bonuses or special offers run by Chura are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.
In certain cases, we may conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer usually due to abuse, limited up-take of the offer or error.
Chura reserves the right to disqualify certain countries or individuals from promotional offers.
In the event that Chura reasonably suspects that a user of our service has abused, is abusing or is attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Chura, then Chura may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to that user’s account.
We value your feedback as it helps us improve our service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by e-mail to the following addresses:email@example.com
We will investigate your complaint and use reasonable endeavors to come back to you with the results of our investigation within 3 working days after receipt of your complaint.
The Digital payments are governed by the Kenya National Payments act
Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purpose of the Contract between you and us. The foregoing does not affect your statutory rights.
All notices given to us must be in the English Language and sent to Chura Ltd. We may give notices to you in connection with any aspect of the Service or any order either through the e-mail address or the postal address that you provided to us or in any other way permitted pursuant these Terms and Conditions. Notices to you will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided, or where a notice is sent to your postal address, one day after the date of posting in the case of domestic notices and 6 days in the case of international mail.
We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and Conditions and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the Website or the Application).
We are entitled to perform our obligations to you through subcontractors, agents and other third parties.
You may only transfer your rights and obligations under the Contract if we have agreed for this in writing.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any term in these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions.
If any court or competent authority holds that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms and Conditions or the Contract which will continue in full force and effect to the fullest extent permitted by law.
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.
You acknowledge that, in entering into the Contract and accepting these Terms and Conditions, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them.
Nothing in this clause limits or excludes any liability for fraud.
We reserve the right to revise, amend or replace these Terms and Conditions from time to time.
Our Terms and Conditions in force at the time that you order Services from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms and Conditions after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period in respect to our transaction processing time and in any event that you wish to cancel the order, the revised Terms and Conditions will apply.
A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts
Contracts for the purchase of our services using the Website or the Application and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the Kenyan law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Kenya. The foregoing shall be without prejudice to your statutory rights.
The Website and the Application, the content, the name Chura and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trade marks,) (“IPRs”) are owned by us, our affiliates or third party licensor. Other names and logos of third party product, service and companies displayed on the Website may be the trademarks of third parties. You shall not acquire any right, title or interest in any such IPRs by reason of the Services or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.
You may use the Website and the Application only for the purpose of the bona fide use of our Services as an individual consumer or business customer and only as permitted by these Terms and Conditions or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website and the Application and the Services may not be used for the purpose of testing the Service or to obtain information about the Service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on the Website (or printed pages of the Website)
From time to time existing Chura users can earn a referral credit of a given amount towards a qualifying transaction if a friend and new Chura user clicks on the unique referral link, or enters the unique referral code upon registration, and completes a qualifying transaction on the Chura platform. There’s no limit to the number of referrals that each user can send or the number of referral credits they can earn, but only one referral code can be used per qualifying transaction. Referral codes can’t be used in combination with any other promotion code.
A qualifying transaction must have a total sending value* of at least Kes 50 for buy airtime and over kes 1000 for money services and in the case of the user receiving the referral, it must be their first transaction. If the first transaction of the user is less than the qualifying amount, the referral code can be used in a subsequent transaction with the same or higher total sending value as the qualifying amount. There is no expiry date on the referral code.
Referral codes should only be shared with people the user knows personally and should be shared on a platform where there’s a reasonable basis that the people are personal friends. Chura reserves the right to deny the referral amounts if there’s suspicion of manipulation of the referral scheme, such as creating duplicate accounts with different contact details, sharing in unsolicited ways (spam) and anything else that Chura deems to be not in good faith, abusive and a breach of this agreement.
These terms and conditions are in accordance with the laws of Kenya, and Chura reserves the right to change these terms and conditions and to terminate the referral scheme at any point in time. Chura also accepts no liability for any use of the referral programme that doesn’t comply with this agreement.
In addition to these general terms, additional terms apply for the use of the specific services listed below. These additional service terms shall apply in the event they are inconsistent with the general terms.