1. Introduction and Agreement
Welcome to Zeni. These Terms and Conditions (\"Terms\") govern your access to and use of the services provided by [Zeni Africa] (\"Zeni\", \"we\", \"us\", \"our\"), a fintech platform designed to help Chamas, Saccos, and Investment Clubs in Kenya manage, save, and grow their money together. These Terms constitute a legally binding agreement between you and Zeni.
We may amend these Terms from time to time. We will notify you of any material changes via email or a prominent notice on our Platform. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
2. Definitions
- Account: Your registered profile on the Zeni Platform.
- User: An individual or group representative who registers for and uses the Service.
- Wallet: The digital record on the Zeni Platform that displays the balance of funds held and processed on your behalf by our third-party payment processor.
- Chama/Sacco/Investment Club: A group of Users utilising the Platform for collective savings and financial management.
- Contribution: A payment made by a User to a group Wallet.
- KYC (Know Your Customer): The mandatory process of identifying and verifying a User's identity as required by law.
- Service/Platform: The Zeni website, applications, and all related tools and functionalities.
- PayHero: Our third-party payment processing partner responsible for handling all Deposits and Withdrawals.
- Personal Data: Information relating to an identifiable natural person, as defined in our Privacy Policy.
3. Eligibility
To use the Zeni Service, you must:
- Be at least 18 years old.
- Be a resident of Kenya.
- Have the legal capacity to enter into a binding contract.
- If representing a group, you must have the legal authority to act on behalf of that group and bind it to these Terms.
We reserve the right to refuse service or terminate accounts for any User who does not meet these criteria.
4. Registration and Account Security
You must register for an Account to use the Service. Registration requires providing a valid Kenyan mobile phone number for One-Time Password (OTP) verification and a valid email address.
You are responsible for all activities that occur under your Account. You agree to:
- Provide accurate, current, and complete information during registration and keep it updated.
- Maintain the security of your mobile device and prevent unauthorised access to your OTPs and session.
Important: Zeni uses passwordless authentication. We will never ask you for a password or your OTP codes via email, phone, or any other channel.
5. Use of the Service
You agree to use the Zeni Service only for lawful purposes, including:
- Managing and tracking group Contributions.
- Viewing transaction histories and group balances.
- Distributing funds to group members.
Prohibited Activities
You are strictly prohibited from using the Service for any illegal purpose, including but not limited to:
- Money laundering, terrorist financing, or fraud.
- Operating pyramid schemes or gambling services.
- Infringing on intellectual property rights.
- Attempting to hack, reverse-engineer, or gain unauthorised access to our systems.
Violation of these rules may result in immediate suspension or termination of your Account and reporting to the relevant legal authorities.
6. Payments, Deposits, and Withdrawals
All financial transactions on the Zeni platform are processed by our licensed third-party payment partner, PayHero. Zeni provides the interface and record-keeping for these transactions but does not directly hold, custody, or transmit user funds.
KYC Transaction Limit
You can deposit and transact up to a cumulative limit of KES 2,000 with basic account information. To transact above this limit, you must complete our mandatory KYC process as required by Kenyan law.
Fees and Charges
Zeni charges a 3% service fee on all group contributions made through the platform, applicable to Chamas, Investment Clubs, and Saccos.
For example, if a member contributes KES 1,000 to their group, the group receives KES 970 after Zeni's fee deduction. The fee is applied to the group's contribution amount, meaning the member's full contribution is processed, and the group bears the transaction fee.
All PayHero processing costs are fully covered by Zeni and not passed on to users or groups. Zeni remains committed to transparency - all applicable fees will always be clearly displayed before any transaction is completed.
You are responsible for ensuring that the payment information you provide is accurate. Transactions are generally final and cannot be reversed once confirmed.
7. KYC and Identity Verification
In compliance with the Central Bank of Kenya (CBK) regulations and Kenyan Anti-Money Laundering (AML) laws, we are required to verify your identity for transactions exceeding KES 2,000. The KYC process involves providing:
- Your National ID number.
- Clear images of the front and back of your ID document.
- A biometric liveness check (a short video or selfie).
This information is used strictly for identity verification and compliance purposes. Providing false or misleading information will result in the immediate suspension of your Account.
8. Wallet and Balances
Your Zeni Wallet displays a digital record of the funds processed on your behalf by PayHero. It is not a bank account and does not accrue interest. Zeni is not a bank or a deposit-taking institution. The balance shown reflects the value available for you to transact with through the Service.
9. User Responsibilities
As a User, you agree to:
- Provide true and accurate information at all times.
- Comply with all applicable Kenyan laws and regulations.
- Use the Service in accordance with these Terms and our Privacy Policy.
- Report any suspicious activity or unauthorised use of your Account to us immediately at support@zeni.co.ke.
10. Data Protection and Privacy
We are committed to protecting your privacy. Our collection and use of Personal Data in connection with the Service is described in our Privacy Policy, which is incorporated by reference into these Terms.
11. Communications
You agree to receive electronic communications from us related to your Account and the Service. All official communications from Zeni will originate from an @zeni.co.ke email domain. For marketing communications, we will obtain your prior consent, and you can opt-out at any time.
12. Termination and Suspension
We may suspend or terminate your Account with or without notice if we believe you have:
- Breached these Terms or our Privacy Policy.
- Engaged in fraudulent or illegal activities.
- Posed an unacceptable risk to us or other users.
Upon termination, we will provide instructions on how to withdraw any remaining undisputed balance from your Wallet, subject to compliance with legal and regulatory requirements.
13. Intellectual Property
All content, trademarks, logos, and software on the Zeni Platform are the exclusive property of Zeni or its licensors. You may not copy, modify, distribute, or reproduce any part of our Platform without our prior written consent.
14. Limitation of Liability
To the fullest extent permitted by Kenyan law, Zeni shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits, arising from your use of the Service.
Our total liability to you for any claim arising out of these Terms or your use of the Service will not exceed the total amount of fees, if any, paid by you to Zeni in the 12 months preceding the claim. We are not liable for failures or delays caused by our third-party partners like PayHero or for events beyond our reasonable control (Force Majeure).
15. Indemnity
You agree to indemnify and hold Zeni and its officers, directors, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
16. Disclaimers
The Zeni Service is provided on an \"as is\" and \"as available\" basis. We do not warrant that the Service will be uninterrupted, secure, or error-free.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the Kenyan courts.
18. Dispute Resolution
We encourage you to contact our support team at support@zeni.co.ke to resolve any issue. If a dispute cannot be resolved amicably, it may be referred to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya.
19. Contact Information
For any questions about these Terms, please contact us:
- Customer Support: support@zeni.co.ke
- Legal Enquiries: legal@zeni.co.ke
20. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zeni and supersede all prior agreements and understandings.