Terms and Conditions

THE AGREEMENT

This agreement together with the Trust Deed And Rules (TDR) sets out the complete terms and Conditions (hereinafter called “these terms and conditions”) which shall be applicable to the CPF Individual Pension Plan (mpension) Account (as hereinafter defined) opened by you (as hereinafter defined) with CPF (as hereinafter defined).
These terms and conditions and any amendments or variations thereto take effect on their date of publication and will be available online on www.cpf.co.ke.

DEFINITIONS

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

“Administrator” means CPF Financial Services Ltd, and includes subsidiaries as and where applicable from time;
“CPF Group” means CPF financial services limited and includes subsidiaries of the CPF Group and its successors and assigns as may be from time to time;
“CPF Individual Pension Plan(CPF Mpension) Account” means the virtual bank account held by a Customer with the Bank and which is opened and operated in accordance with these terms and conditions herein contained;
“CPF Products” means the other virtual products or services offered to the Customer to complement the CPF Mpension;
“CPF Mpension Menu” means the CPF Mpension menu on the Mpension System
“Customer” means the person in whose name the CPF MPENSION with the administrator holds;
“Customer Care” means any Branch, the Contact Centre or such other Agent or Agents as may be notified to the Customer by the administrator from time to time;
“Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network and to facilitate use and operation of the CPF Mpension Account and CPF Mpension Products;
“IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons and its successors;
“M-PESA Account” means your mobile money store of value, being the record maintained by Safaricom of the amount of funds from time to time held by you in the M-PESA System
“M-PESA Service” means the money transfer and payments service provided by Safaricom through the M-PESA System
“M-PESA System” means the system operated by Safaricom in Kenya for the provision of the M-PESA Service
“Mpension PIN” means your personal identification number being the secret code used to access and operate the CPF Mpension Account;
“M-PESA Subscriber” means any person registered to use the M-PESA System to send or receive money or make payments;
“Network” means the mobile cellular network operated by Safaricom;
“Request” means a request or instruction received by the administrator from you or purportedly from you through the Network and the System and upon which the administrator is authorized to act;
“Safaricom” means Safaricom Limited;
“Services” shall include any form of financial services or products that the administrator may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly.
“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 CPF Mpension System;
“SMS” means a short message service consisting of a text message transmitted from one mobile phone to another;
“System” means the administrator’s electronic banking and communications software enabling the Customer to communicate with the administrator for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Safaricom System;
“Transaction Fees” includes the any fees and charges payable for the use of the Services as published by the administrator on the administrator’s website and/or the daily newspapers in Kenya or by such other means as the administrator shall in its sole discretion determine. Transaction Fees are subject to change at any time at the administrator’s sole discretion;
“Virtual” means the electronic monetary value depicted in your M-PESA Account representing an equal amount of cash;
“We,” “our,” and “us,” means the administrator and includes the successors and assigns of the administrator;
“You” or “your” means the Customer and includes the personal representatives of the Customer;
The word “Customer” shall include the masculine and the feminine gender as well as juristic persons;
Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

ACCEPTANCE OF THE TERMS AND CONDITIONS

These terms and conditions together with the trust deed and rules terms and conditions will govern the use and operation of the CPF Mpension you should take the time to read and understand them.
If you do not agree with these terms and conditions, please click “No” on the CPF mpension Menu.
You will be deemed to have read, understood and accepted these terms and Conditions:

Upon clicking on the “yes” option on the CPF mpension Menu; and/or
by using or continuing to use and operate the CPF Mpension Account and/or the Services.
By applying to open the CPF Mpension Account with the administrator, 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 CPF Mpension and you affirm that these terms and conditions herein are without prejudice to any right that the Administrator may have with respect to the CPF Mpension in law or otherwise.

ACCOUNT OPENING

In order to open a CPF MPENSION with the administrator, you must be at least 18 years old and a registered and active M-PESA Subscriber for at least six (6) months immediately preceding the date of your application. The Bank reserves the right to verify with Safaricom the authenticity and status of your M-PESA Account.
You may open a CPF MPENSION solely by way of an electronic application made by you using your Equipment via the CPF Mpension Menu on the Mpension System.
You hereby agree and authorize the Safaricom to share with the administrator personal information held by Safaricom pursuant to the Page 6 of 25 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 the administrator to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). You also hereby agree and authorize the administrator to request Safaricom for information relating to your use of the M- PESA Service, M-PESA System and Safaricom Services as the Bank 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 the administrator and to the aforesaid use of the Personal Information and the M-PESA Information by the administrator.
You hereby agree and authorize the administrator to obtain and procure your Personal Information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to the administrator.
You hereby further acknowledge and authorize the administrator to verify your Personal Information received from Safaricom pursuant to Clause 4.3 against the information received from the Government of Kenya in your respect as contained in the IPRS.
You hereby acknowledge and agree that the administrator may also obtain your credit information from any duly authorized Credit Reference Bureau as well as share your credit information with any such duly authorized Credit Reference Bureau as stipulated in the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time.
The administrator reserves the right to request for further information from you pertaining to your application for a CPF Mpension Account at any time. Failure to provide such information within the time required by the Page 7 of 25 administrator may result in the administrator declining to accept your application for a CPF Mpension Account.
Acceptance by the Administrator of your application for a CPF Mpension 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 Administrator of your application for a CPF Mpension Account 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.
The Administrator reserves the right to decline your application for a CPF Mpension Account or to revoke the same at any stage at the Administrator’s sole discretion and without assigning any reason or giving any notice thereto.

YOUR REQUESTS

You hereby irrevocably authorize the Administrator to act on all Requests received by the Administrator from you (or purportedly from you) through the System and to hold you liable in respect thereof. The Administrator may nevertheless refuse to carry out any Requests, which would result in there being a deficit on your CPF Mpension Account.
The Administrator 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 Administrator believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
The Administrator shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which the Administrator may act if the Administrator has in good faith acted in the belief that such instructions have been sent by you.
The Administrator may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you. The Administrator shall not be under any obligation to so decline in any case, and shall in no event or circumstance be liable for not so declining.
You agree to and shall release from and indemnify the Administrator against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to the Administrator having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.
You can only cancel your Request by through Customer Care and requesting cancellation. Cancellation will however only be allowed where your request is revocable and has not yet been acted on. If the Administrator is able to cancel your instruction, you may be charged for such cancellation.
The Administrator may refuse to make a payment if you do not have sufficient funds in your CPF Mpension Account. In deciding whether you have sufficient funds, the Administrator will take account of any instructions to make payments and regular payments which have not yet been paid from your CPF Mpension Account. The Administrator will not be obliged to take account of regular credits or any amounts received after it has decided not to make the payment.
The Administrator is authorized to effect such orders in respect of your CPF Mpension Account as may be required by any court order or competent authority or agency under the applicable laws.
In the event of any conflict between any terms of any Request received by the Administrator from you and these terms and conditions, these terms and conditions shall prevail.

OVERDRAWING YOUR CPF MPENSION

LIEN

SET-OFF

STATEMENTS

CUSTOMER COMPLAINTS

Complaints may be made in person, in writing, by post, email, through available social media channels or by telephone.
The Administrator will take all measures within its means to resolve your complaints within a reasonable time. All complaints will be handled in accordance with the Administrator’s complaints handling procedures, which are available on request from any Administrator Branch, the Administrator’s Contact Centre or the Customer Care Centre. Where a notification regarding your complaint or any other matter is expected from the Administrator but not received, the complaint must be made within a reasonable time after non-receipt of such notification.
Your telephone and internet service provider when communicating with the Customer care team will charge applicable tariffs.

DORMANT ACCOUNTS

Your CPF Mpension Account will automatically be classified as inactive if you do not initiate any transactions on the account for a continuous period of 12 months
If your CPF MPENSION will not have any transactions initiated by you for a continuous period of five (5) years or if you shall not have Page 10 of 25 communicated with us for a continuous period of five (5) years regarding your CPF Mpension Account, such account will be presumed abandoned and transferred to the Unclaimed Financial Assets Authority as constituted from time to time.

ADMINISTRATOR CHARGES AND EXPENSE INTEREST

The Administrator shall operate within the purview of the RBA Rules and guidelines and as such shall be guided by the regulator on applicable charges to your CPF Mpension Account.
The Administrator may debit your CPF Mpension Account with processing fees, costs and other charges in respect of the Mpension’s products and services provided to you. A detailed breakdown of the duly approved product charges, fees and expenses as published by the Administrator from time to time shall be captured in the annual audited accounts of the CPF Individual Pension Plan (CPF Mpension). Charges include but are not restricted to the following:

Administration fee: this is a fee charged to facilitate running of the scheme and shall not exceed 1% of the scheme fund value.
RBA LEVY: This is monies paid to the Regulator as prescribed by law.
Custodial Fees: This is monies paid to the Custodian as prescribed by law.
Fund managers/ investment fees: This is monies paid to the Fund Managers as prescribed by law.
Bank Charges: This are charges incurred during transactions made through the bank
Legal charges: Advocate and client charges, costs and expenses incurred in any legal, arbitration or other proceedings arising out of or connected with your CPF Mpension Account. Such Advocate and client charges, costs and expenses shall be charged in accordance with the Advocates (Remuneration) Order 2014 as the same may amended, varied or promulgated from time to time.
Other charges and expenses: In addition to the debits authorized by sub- clauses 12.1.1 12.1.2 and 12.1.3 of this clause, all other proper expenses and charges including but not limited to ledger and transactional fees; maintenance fees; third party fees and statutory charges and fees. The Administrator may also debit your account with expenses incurred based on:

The Administrator will provide you with a statement of account with a detailed breakdown of the costs, charges and expenses incurred by you and as according to RBA guidelines
The administrator will give you at least thirty (30) days’ notice of intention to effect new charges, fees and/or costs by way of email, SMS, letter and/or notices in the daily newspapers.

TAXES

SPECIFIC CPF MPENSION ACCOUNT GUIDELINES

CPF MPENSION

You may make deposits into your CPF Mpension Account using the CPF Mpension Menu on your Equipment.
You shall however be required to notify the administrator in advance of making Claims/withdrawals from your CPF Mpension Account.
You will be duly notified of the transaction charges or any other charges or commissions to Safaricom prior to effecting of any transactions between your M-PESA account and your CPF Mpension Account.
Transaction Fees and applicable processing fees, commissions and other charges will be charged on all transactions between your other account (s) and your CPF Mpension Account.
There will be no restrictions on the number of deposits into your CPF Mpension Account over any period subject to a minimum deposit of Kshs.1.
M-PESA transactional limits will apply and normal person to person M-PESA transactional charges will be applicable.

CPF Mpension Transactions

There is no maximum savings limit on your CPF Mpension Account however, you shall be required to furnish the administrator with source of funds upon request from time to time in its sole discretion determine. If you however wish to save any amount above Kshs 250,000 in your CPF Mpension Transaction Account, you must provide the administrator with such further documentation and comply with any other or further conditions as may be required.
The Maximum savings transfer into your CPF Mpension account from M-PESA shall be a maximum of Kshs.140,000 per day.
Deposit via Bank Branches will have no maximum limit on deposit subject to the terms of the Bank.
The Minimum deposit for your CPF mpension Account and minimum transferrable amount from your CPF Mpension Account shall be Kshs.1
You shall not be entitled to overdraw your CPF Mpension Account.

CPF MPENSION LOYALTY PROGRAM

To qualify for the loyalty program, you shall be required to furnish all biodata information as per RBA guidelines; be a duly paid up account holder (CPF Mpension Account)
The redemption of loyalty points is at the discretion of the administrator, at its sole discretion, may issue you with a reward(s) to be determined from time to time and the minimum amount to qualify for redemption shall be Ksh. 500/=
CPF Mpension Save As You Spend

CPF Mpension Insurance:

The Policy is a last expense policy, for as long as the account holder’s CPF Mpension qualifying account is still active and the account holder is alive.
Death cover continues indefinitely, except if this master policy is terminated earlier as set out below or if the IPP holder does not maintain the qualifying CPF Mpension threshold.
Insurance offered are Funeral covers, the limits and premiums payable can be revised from time to time.
Premiums will be collected in advance for the monthly cover. Only Clients who have registered for a CPF Mpension Account will be eligible for the Insurance covers
Where the account is not upto date, then cover will cease and the client may receive an SMS alert notifying them of the cessation of cover. SMS alerts for non-collection will be sent only once for every existing policy.

Insurance Beneficiaries

DISCLOSURE

to and from the CPF Group, the administrators service providers, dealers, agents or any other company that may be or become the Bank’s subsidiary or holding company for reasonable commercial purposes relating to the Services;
to a Credit Reference Bureau;
to the Auditors lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
to Safaricom in connection with the M-PESA Service and the Services;

You authorize the administrator to disclose any information relating to your CPF Mpension Account to any local or international law enforcement, regulatory or governmental agency so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of any country and as the Administrator may deem necessary.
In the event of death, your estate administrator will be granted access to your CPF Mpension upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by the Court.

YOUR EQUIPMENT AND RESPONSIBILITIES

You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for accessing the System and the Services.
You shall be responsible for ensuring the proper performance of your Equipment. The administrator shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall the administrator 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 administrator shall not be responsible for losses or delays caused by any such service provider.
You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the administrator concerning the use of the System and Services
You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your CPF Mpension PIN secret and secure. You shall ensure that your CPF Mpension PIN does not become known or come into possession of any unauthorized person. The administrator shall not be liable for any disclosure of your CPF Mpension PIN to any third party and you hereby agree to indemnify and hold the Bank harmless from any losses resulting from any CPF Mpension PIN disclosure.
You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from the administrator are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.
You shall immediately inform the administrator through any of the Customer Care channels in the event that:

You have reason to believe that your CPF Mpension PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or
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.
You shall at all times follow the security procedures notified to you by the Administrator 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 CPF Mpension Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or Page 17 of 25 the relevant functions are not performed by anyone other than a person authorized to do so.

EXCLUSION OF LIABILITY

The administrator 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 administrators 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 failure of any public or private telecommunications system.
The Administrator will not be liable for any losses or damage suffered by you as a result of or in connection with:

Unavailability of sufficient funds in your M- PESA Account and/or in your CPF Mpension account
failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, M-PESA System and/or M- PESA Service;
the money in your CPF Mpension Account being subject to legal process or other encumbrance restricting payments or transfers thereof;
Your failure to give proper or complete instructions for payments or transfers relating to your CPF Mpension; or
Your failure to comply with these Terms and conditions and any document or information provided by the Administrator concerning the use of the System and the Services.

If for any reason other than a reason mentioned in subparagraphs 17.1 or 17.2, the Services are interfered with or unavailable, the Bank’s sole Page 18 of 25 liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
Save as provided in subparagraph 17.3 the Bank shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
Under no circumstances shall the Bank 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 Bank.
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the intellectual property rights in the System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Administrator provides to you through the System or otherwise are vested either in the Administration or in other persons from whom the Bank has a right to use and to sub- 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 the Bank.

INDEMNITY

In consideration of the Administrator complying with your instructions or Requests in relation the CPF Mpension, you undertake to indemnify the Bank and hold it harmless against any loss, charge, damage, expense, fee or claim which the Bank suffers or incurs or sustains thereby and you absolve the Bank from all liability for loss or damage which you may sustain from the Bank acting on your instructions or requests or in accordance with these Terms and conditions.
The indemnity in clause 19.1 shall also cover the following:

All demands, claims, actions, losses and damages of whatever nature which may be brought against the Administrator 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 the Administrator’s 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 the Administrator.
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
Any unauthorized access to your CPF Mpension Account 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.
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 the Administrator as a consequence of any breach by these Terms and conditions.
Any damages and costs payable to the administrator in respect of any claims against the administrator for recompense for loss where the particular circumstance is within your control.

Without prejudice to the administrator rights, the Administrator may at its sole discretion suspend or deem your CPF Mpension Account dormant and or suspended.

If you use the CPF MPENSION Account for unauthorized purposes or where the administrator detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
If your M-PESA Account or agreement with Safaricom is terminated for whatever reason;
if the Bank is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
If the Bank reasonably suspects or believes that you are in breach of these terms and conditions (including non-payment of any Loan amount due from you where applicable);
Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
To facilitate update or upgrade the contents or functionality of the Services from time to time;
Where your account becomes inactive or dormant;
if the Bank 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.

You may close your CPF MPENSION Account at any time through Customer Care.

If the Administrator receives notice of your demise, the administrator will not be obliged to allow any operation or withdrawal from your CPF Mpension Account by any person except upon production of administration letters from Page 21 of 25 a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by the Court.

If you do not use your CPF Mpension Account for a long time, it may become ‘dormant’. This means that you are unable to use the CPF Mpension Account or access any credit balance in your CPF Mpension Account until you have contacted us and claimed the dormant balance. We may ask you for information and documents to support your claim. We will give you reasonable notice before your Account becomes dormant. Please note that we are required by law to surrender balances held in your dormant CPF Mpension Account to the Unclaimed Financial Assets Authority (UFAA). We will notify you before we surrender the funds.

MISCELLANEOUS

These terms and conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.
This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
The Administrator may vary or amend these terms and conditions and the Transaction Fees at any time by thirty (30) days notice to you. Any such notice of variations or amendments may be published in posters or pamphlets available at Safaricom’s Agents outlets, Administrator branches, in the daily newspapers, on the Administrator and/or Safaricom’s website and/ or by any other means as determined by the Administrator and any such variations and amendments shall take effect after expiry of the thirty (30) days notice period.
No failure or delay by either yourself or the Administrator in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
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.
Any addition or alteration to these terms and conditions may be made from time to time by the Administrator and of which notice has been given to you by way of publication as provided in subparagraph 21.3 shall be binding upon you as fully as if the same were contained in these terms and conditions.

NOTICES

The Administrator may send information concerning the CPF Mpension Account via SMS to the Safaricom Mobile Phone number associated with your M- PESA Account.
You acknowledge that you have no claim against the administrator for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the CPF Mpension Account

DISPUTE RESOLUTION AND JURISDICTION

You may contact the Customer Care Center to report any disputes, claims or CPF Mpension Account discrepancies.
Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care representatives shall be escalated in line with the Administrator’s complaint resolution policy and process.
Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care representatives shall be escalated in line with the Administrator’s complaint resolution policy and process.

How we treat your personal information

We are CPF Group which operates within Kenya and with interest in Real Estate, Insurance, ICT and Renewable Energy including financial Services and Consultancy and Training. We collect and process personal information from you and share it with: the CPF Group and its service providers for the purposes of Page 23 of 25 providing our products and services to you and to comply with the legal and regulatory obligations of the CPF Group; any party to whom we assign our rights under this Agreement or any of our agreements for particular products and services; our local and global regulators and authorities; and credit reference agencies or credit bureaus for the purposes of our credit assessments and so that these agencies or bureaus can maintain and provide to others a credit profile about you and possibly a credit score on your credit worthiness.

We are responsible for ensuring that your personal information is processed lawfully and in a reasonable manner that does not infringe your privacy.

Your personal information will not be disclosed to anyone else without your consent unless the CPF Group is legally required or permitted to disclose it.

Financial crime, international sanctions, and prohibited business activity

We operate controls, and safeguards relating to international sanctions, the detection and prevention of financial crime, and prohibited business activity both within and outside Kenya which may delay or prevent us from providing our products and services to you, or require us to terminate this Agreement and our agreements for particular products and services (subject to any restrictions imposed by law) without prior notice to you. You agree to provide information and documents about yourself and about your banking transactions reasonably required to assist us in operating the controls and safeguards.

Service outages

Our products and services rely on technological infrastructure (e.g. mobile network providers, internet service providers, point of sale terminals, and computer systems).You understand and accept that service outages occur. During a service outage it may not be possible for you to use our products and services, and there may be delays in your transactions being processed and being reflected in your Account statements.

Our partners' services

Changing our Agreements

We can change this Agreement by giving you thirty (30) of the change before it comes in to effect. Our branch and contact center employees do not have authority to change our Agreement or our agreements for particular products in their interactions with you.. Any change to our Agreement or an agreement for a particular product or services that our authorized staff agree with you, must be in writing. The changes that we can make to our products and services agreements and the manner in which changes are made may be prescribed or limited by law; details are set out in the agreement for the particular product or service. If you continue to use a product or service after a change comes into effect, the change will apply to you.

Duration of this Agreement

This Agreement will continue while you have one or more of our products or services. After you have ceased to have a product or service from us your obligations under this Agreement will continue until all your outstanding financial obligations to have been resolved (if any). We can end our Agreement and (subject to any restrictions imposed by law), our agreements for particular products and services without prior notice to you if we find that you have given materially inaccurate information about you or it is otherwise necessary to protect our interests. Our obligations to you under this Agreement relating to how we treat your personal information and dormant accounts continue after you have ceased to have a product or service from us.