1. In these conditions:
1.1 ‘The Bank’ means Kenya Commercial Bank Limited of P.0. Box 582 33 - 00200 Nairobi or Diamond Trust Bank P.O. Box 617 11 - 00200 Nairobi, Kenya
1.2 ‘Card’ means any prepaid card issued by the Bank to you
1.3 ‘Cardholder’ means the principal holder for whose use a card is issued by the Bank at his request
1.4 ‘Card Account’ means the account maintained by the Bank for you in connection with the card transactions
1.5 ‘Card Centre’ means a separate unit of the Bank that is responsible for the management, control and processing of facilities and transactions conducted by the use of the card
1.6 ‘Card transaction’ means any payment made or cash advance obtained by the use of the card, or in any manner authorized by you for debit to your card account
1.7 ‘Conditions’ means these or any other conditions made by the Bank from time to time
1.8 ‘PIN’ means Personal Identification Number allocated to you by the Bank for cash withdrawal at the ATMs
1.9 The masculine gender includes the feminine and vice versa
2. CONDITIONS CONSTITUTING AGREEMENT
2. These conditions, as varied from time to, time constitute the Agreement between you and the Bank with respect to the issue and use of the card
2.2 You shall be deemed to have read, understood and agreed to be bound by these conditions upon your signing of the Application Form
3. THE CARD
Subject to the terms of this Agreement:
3.1 The Bank shall issue you, at the Bank’s sole discretion, a card to enable you to obtain facilities and benefits made available by the Bank and make purchases from merchants who accept the MasterCard cards
3.2 The card may also be issued to withdraw cash from cash dispensers and automatic teller machines (ATMs) operated by the Bank and other members of MasterCard (the ATM shall be identified by the MasterCard logo) up to such limit as may be notified to you by the Bank from time to time in writing.
3.3 The Card is, and remains, the property of the Bank at all times and it must be returned to the Bank on request and may be repossessed at any time without notice by the Bank or by any person acting on the Bank’s behalf
3.4 The Bank upon notice of not less than fourteen (14) days to the cardholder, may terminate or vary its business relationship with the cardholder and in particular but without prejudice to the generality of the foregoing the Bank may cancel credits which it has granted and require the repayment of outstanding debts resulting there from within such time as the Bank may determine. The Bank’s decision in this connection will be final and binding on the Cardholder and the Bank reserves the right to protect its interests, which may include summarily closing any account if the Bank is compelled by law or it has reasons to believe that the account is being used for fraudulent activities.
4. USE OF THE CARD
4.1 You shall comply with the following terms:
4.2 Sign the card upon receipt with a black or blue ballpoint pen
4.3 Keep the card secure at all times as the bank will not be liable for any losses whatsoever for all transactions made on the card by other authorised or unauthorized card holders. It is however imperative that any loss of the card should be made to the Bank as soon as possible.
4.4 Do not use the card before or after the period for which it is stated to be valid or after any notification of its cancellation or withdrawal is given to you whether by the Bank or by the Banks authorised agent
4.5 Destroy the slip advising you of the PIN immediately upon receipt and always keep any record of it separate from the card. The Bank shall not be liable whatsoever for any transactions made on the card by use of the authorised PIN due to any disclosures of the PIN by the Cardholders or through alleged fraudulent procedures.
4.6 Do not discard carelessly used carbon copies containing the card details as that information could be used to perpetrate fraud
4.7 When making a purchase, ensure that the merchant destroys any spoilt vouchers or receipts in your presence.
4.8 Upon expiry, there is no need to return the card to the bank, destroy the card by cutting into pieces.
4.9 The card is not transferable and is valid for use only by the person whose name is indented on it during the validity period thereon
4.10 A card should not, under any circumstances, be used for any unlawful purpose including the purchase of goods and/or services prohibited under Kenyan law
5. DEBIT OF CARD ACCOUNT
5.1 The Bank shall be entitled to debit your card account at any time of the month with the amount of all card transactions arising from the use of the card and you confirm reading and agreeing to the charges for any card transaction. The Banks record of any card transaction will be final and binding on you and notwithstanding that a Cards limit has not been exhausted decline a transaction without any liability attaching to the Bank.
5.2 Where Nakumatt loyalty points are awarded on a purchase, which is later returned and/or accepted back and a reversal of the transaction is carried out by the merchant, the Bank may deduct an equivalent of the cash amount of loyalty points that had been earlier awarded on the purchase.
6.1 All notices, statements, letters and other communications from the Bank may be sent to the last address given by the Cardholder, and the date on the Bank copy of any such communication is taken to be the date of such dispatch in the absence of proof to the contrary.
6.2 Any written communication from the Bank to the Cardholder including but not limited to any notice given pursuant to these Terms and Conditions shall be deemed to have been received by the Cardholder, If delivered then at the date and time of delivery, and if sent by post then five business days after posting if sent to a Kenyan address and seven business days after posting if sent to an address outside Kenya, and in proving such dispatch by post it shall be sufficient to prove that the letter containing the communication was properly stamped and addressed and put into the Post Office/Courier.
6.3 The Cardholder has no claim on the Bank for damage resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication whether to or from the Cardholder, the Bank or any third party, by delivery, post, telegraph, telephone, telex, e-mail, SMS (short message service) or any other means of communication.
6.4 If a card is lost or stolen, or a card is for any other reason liable to be misused or you have any reason to suspect that your PIN may have been discovered by an unauthorized person, you shall immediately notify the Bank and confirm such instructions in writing within seven (7) days, quoting your card account number.
6.5 Until and unless such notice is received, the Bank is authorized and shall remain authorized to debit your card account for card transactions made using the card.
6.6 You shall give the Bank, and any person acting on the Bank’s behalf, all necessary assistance in any investigations, avail all information as to the circumstances of the loss, theft or possible misuse of the card and take all reasonable steps to assist the Bank to recover the card and money.
6.7 You shall consent to the disclosure to third parties of such information as is relevant concerning your card account in connection with such loss, theft or possible misuse of your card and money.
6.8 If your card is lost and reported to the Bank and you subsequently find it, you should destroy the card by cutting it into pieces and report the discovery to the Bank.
6.9 The Bank will, as soon as practicable, replace any lost or stolen card subject to payment of the applicable replacement charge
You shall be issued with a PIN to enable you to use the card. You should keep your PIN confidential and never disclose it to any third party, including the Bank’s staff.
8. MASTERCARD REGULATIONS
8.1 The use of the card is regulated by the terms of MasterCard Asia / Pacific Pte. Ltd. and you agree to abide by those terms as they shall be communicated to you by the Bank from time to time.
8.2 Any charges made by MasterCard on foreign currency transactions shall be debited to your Card account. The amount of card transactions and charges rendered involving foreign currency shall be converted into Kenya shillings at the exchange rate quoted by MasterCard on the date the debit is received and any exchange gain or loss is debited to your card account.
9.1 The Bank shall not be liable in any way if a third party does not honour the card
9.2 You shall be liable for any loss or cost suffered by the Bank as a result of any breach of this Agreement
9.3 The Bank shall not be liable if it is unable to perform its obligations under this Agreement due to the failure of any machine, data process system, transmission link, industrial dispute, terrorist action or anything outside its direct control or that of its agents or subcontractors
10. CARDHOLDERS CLAIMS
10.1 Your card account shall only be credited with a refund in respect of a card transaction if the Bank receives a refund voucher or other refund verification acceptable to it.
10.2 No claim by you against a third party may be the subject of a defence or counter claim against the Bank
10.3 You shall not be entitled to any interest on any credit in your card account
11. MAIL ORDER/ TELEPHONE ORDER/ INTERNET TRANSACTIONS
11.1 The Bank will not honour the above card transactions effected by you save for Nakumatt Global Prepaid Card through the above means and debit your card account in the usual manner.
11.2 You agree to be liable for all such card transactions and in proving that the transaction was authorised by you, the Bank shall be entitled to rely on such documentary evidence as may be available to it which confirms that you gave your card number to a merchant by mail or other order and the Banks rights shall not be affected by reason of your not having placed, confirmed or renewed the order or received the goods in question.
12.1 Any addition or alteration of these Terms and Conditions made from time to time by the Bank of which notice has been given to the Cardholder shall be binding upon the Cardholder as fully as if the same were contained in these Terms and Conditions.
13. GOVERNING LAW AND JURISDICTION
This Agreement is governed in all respects by the laws of Kenya and the parties submit to the exclusive jurisdiction of the Kenyan courts.
LOYALTY TERMS & CONDITIONS
Nakumatt Holdings Ltd:
Retailer distributing cards on behalf of Cyber Cash Ltd
Cyber Cash Limited:
Subsidiary of Nakumatt running the loyalty scheme
Refers to partner bank issuing the pre-paid card
Nakumatt Global Card:
Loyalty and pre-paid card. Referred herein as Card
Means any person authorized to hold a card
Anyone who has a Nakumatt Global card and uses it as a payment or Loyalty card
Spend amount qualified for loyalty points to be awarded
Points awarded on qualifying amounts. Referred herein as points
1.The Nakumatt Global card is available to all persons who submit a complete application form subject to approval of the application and payment of relevant fees.
2.Nakumatt Global Card is a loyalty and a Pre-paid card, both combined into one. The Nakumatt Global Card can be used in all Nakumatt supermarkets/outlets for payment and/or accumulation of loyalty points.
3. The Nakumatt Global Card can also be used as a pre-paid and loyalty card at other Master Card merchant outlets worldwide in accordance with the Mastercard regulations. At such outlets, the card can be used as a loyalty card only when used as a payment card.
4. Loyalty points will be awarded on qualifying purchases at the rate applicable from time to time. Whether the Nakumatt Global card is presented or not, the amount payable for purchases will be the same. However, when the Nakumatt Global Card is presented, Loyalty points will be awarded as well. The number of loyalty points awarded may vary between qualifying purchases and from time to time. Any change on qualifying purchases will be notified by use of display notices in Nakumatt and other participating stores
KES. 100 = 1 Point
At Nakumatt outlets
KES. 100 = 1.5 Point
At Nakumatt outlets
When swiped as a smart card
When swiped as a payment card
5. To accumulate loyalty points for a transaction, the Nakumatt Global Card must be presented at the checkout before purchases are tilled, failing which, the transaction cannot be recorded and loyalty points cannot be awarded. Loyalty points cannot be claimed retrospectively. The card is not transferable, and can only be used by the person to whom it is issued.
6. Loyalty Points will not be awarded for any purchases through gift vouchers or purchases made by redeeming loyalty points or credit notes
7. Cyber Cash Ltd reserves the right to vary the loyalty points on qualifying purchases and redemption value of loyalty points from time to time. Any change will however be notified by display of notices at Nakumatt and other participating outlets.
8. Loyalty Points may only be redeemed against goods and services that are highlighted at the participating outlets from time to time. Loyalty Points cannot be redeemed or exchanged for cash at any time. Redemption will be notified by the display of notices in Nakumatt and other participating stores.
9. Nakumatt and other participating outlets reserve the right to substitute or remove products and services in store and other third party products and services available for redemption
10. Cyber Cash Ltd will not be responsible if the Nakumatt Globalcard is rendered unusable due to any technical problems or any other reason whatsoever.
11. Cyber Cash Ltd will not be responsible for any loss caused to you due to power failure, strikes or any natural calamity beyond our control or any other participating outlet or equipment refusing to accept your card for any reason whatsoever.
12. Cards promotions will be notified to you on displays at Nakumatt and/or other participating outlets. Promotions will be available subject to terms and conditions as notified to you by way of aforesaid display and will be at discretion of Cyber Cash Ltd. Such promotions can be altered or withdrawn solely at the discretion of Cyber Cash Ltd
13. If you return a product purchased with Nakumatt Global card or if cash refund is given, you must resent the Nakumatt Global Card so that loyalty points awarded at the original transaction can be debited from your Nakumatt Global Card. Failure to present the Nakumatt Global Card, Cyber Cash Ltd reserves the right to reverse the loyalty points. In the event where loyalty points to be reversed are not adequate, issuing bank will recover each point in form of cash at prevailing rates.
14. Cyber Cash Ltd reserves the right to amend the terms and conditions of the program at any time whatsoever. Any change will be notified by the display of notices in Nakumatt and other participating stores
15. Cyber Cash Ltd reserves the right to take any appropriate legal action deemed necessary where it is found that the cardholder has abused the card and/or program.
16. Cyber Cash Ltd shall not be responsible or liable for any product or service that is provided to you by third party supplier, the provision of which shall be subject to that supplier’s terms and conditions.
17. The Existing contract will be terminated on signing the new contract.