KCB Group Terms of Access


Acceptance

These terms and conditions of use become effective when the user accesses this site for the first time and constitute a binding agreement between KCB Group Limited and/ or its subsidiaries or affiliates, as the case may be and the user. Our website includes all related pages and websites.


Links to Third-Party Sites

This site may contain links to web sites controlled or offered by third parties. KCB Group hereby disclaims liability for, any information, materials, and products or services posted or offered at any of the third-party sites linked to this web site. By creating a link to a third-party web site, KCB Group does not endorse or recommend any products or services offered, or information contained on that web site and is merely providing these links to you only as a convenience, nor is KCB Group liable for any failure of products or services offered or advertised on those sites. Additionally, KCB Group is not liable for any issues, security risks, or service failures associated with these third-party websites, whose privacy policies and security measures may differ from those of KCB Group.


User's Liability to KCB Group

The user shall be liable to KCB Group for any liabilities, losses or expenses incurred by KCB Group as a result of any breach by the user of these terms and conditions. Users are expected to adhere strictly to these terms, and any violation that results in damage, loss, or disruption to KCB Group's operations will render the user liable for all associated costs. This includes, but is not limited to, legal and operational expenses resulting from such breaches.


Use of Materials and Information

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of KCB Group web sites and systems including but not limited to unauthorized entry into KCB Group systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Your eligibility for particular services is subject to final determination by KCB Group.


Intellectual Property Rights

This web site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to KCB Group.

The user is authorised to view and download, copy to a local hard drive or disk, print and make copies of such printouts, provided that:

The material is used for considering use of the online services and for no other commercial purposes.

Any reproduction of our proprietary material from this site or portion of it, must include KCB Group’s copyright notice in its entirety.

The logos and trademarks shown on this site are KCB Group’s registered and unregistered trademarks, or that of third parties

All content included on the Sites, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software is the property of the KCB Group or its content suppliers and is protected by applicablecopyright and trademark laws.

Nothing on this site should be construed as granting any licence or right to use any trademark without KCB Group’s prior written permission and/or that of third parties, as the case may be. The user may not, without KCB Group’s prior written consent, use KCB Group’s intellectual property or that of third parties for any purposes whatsoever.


No Warranty

The information and materials contained in this site, including text, graphics, links or other items are provided ‘as is’ and ‘as available’. KCB Group does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. KCB Group will use reasonable efforts to ensure that all information displayed is accurate; however no warranty of any kind, implied, expressed or statutory including but not limited to the warranties of noninfringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

We do not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Sites or any of the materials contained therein is done at the User’s own discretion and risk. If the Users use of the Sites or the Material results in the damage and need for servicing or replacing equipment or data, we shall not be responsible for those costs and the user will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third-party material.

The materials, information and functions provided in the Sites shall not under any circumstances be considered or construed as an offer or solicitation to sell, give, issue or as the giving of any advice in respect of any form of investment or other securities, loans, or deposits in any jurisdiction. The User shall be responsible for evaluating the quality, adequacy, timeliness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Sites; the User should seek professional and/or legal advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information in the Sites.


Amendments to these conditions

KCB Bank Group may at its discretion amend these conditions from time to time without notification to the user. By accessing this site the Users are bound to the version of the terms and conditions published at the time of any visit to this site. The User agrees to view the current version each time that this site is visited. All users agree to be subject to this agreement as it changes from time to time, regardless of whether such users actually review the changes.

The current version of these conditions will govern the respective rights and obligations of KCB Group and the User each time the User accesses this site


Capacity to enter into agreements

The User hereby warrants to KCB Group that the User has the required legal capacity to enter into and be bound by these terms and conditions.

Minors must be assisted by their legal guardians when reading these terms and conditions.


Sending of information

Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.

The User accepts that KCB Group cannot be held liable for any loss, or damage suffered by the User as a result of unlawful activities by unscrupulous persons, as KCB Group cannot prevent such behaviour.


Disclaimer and limitation of liability

The use of this site and the online services is entirely at the User's own risk. The User assumes full responsibility for the risk or loss resulting from the use of this site and the User's reliance on information contained on it.

The user is responsible for maintaining the security of passwords, for obtaining and maintaining all equipment, services, hardware, and software necessary to access the website, and for using a reliable virus detection product and firewall.

In no event will KCB Group be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the User's use of this site or the online services or the information contained on this site or the User's inability to use this site or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether KCB Group was expressly advised of the possibility of such loss or damage.

Without derogating from the generality of the above, and to the extent legally permitted, KCB Group will not be liable for:

Any interruption, malfunction, downtime, off-line situation or other failure of the site or online services, KCB Group’s system, databases or any of its components, beyond KCB Group’s reasonable control;

Any loss or damage with regard to the user’s data or other data directly or indirectly caused by malfunction of KCB Group’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on KCB Group’s system or third-party systems; programming defects;

Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third-party systems such as the public- switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which the KCB Group has no direct control.

Access to this Web Site is at the User’s own risk. If a User is dissatisfied with any of the contents of the Sites or these Terms and Conditions, a User’s sole remedy is to discontinue use of this site.


Third party Information

KCB Group may use the services of other third-party organisations to provide information on this site. KCB Group has no control over third-party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. KCB Group will not be directly or indirectly liable for any damages that may arise from the User's reliance on it


Indemnity

The User undertakes to defend, indemnify and hold harmless the KCB Group, its independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from the users authority including without limitation to governmental agencies, use, misuse, or inability to use the Sites or any of the Materials/Contents contained therein, or the Users breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third-party against the KCB Group in connection with the User’s use of this website. KCB Group shall notify the User of any such claim or suit, and the User shall be responsible for its defence. The KCB Group may participate in the defence of such claim or defence but is not obligated to do so.


Privacy

KCB Group is committed to safeguarding your personal information in accordance with Kenya’s Data Protection Act of 2019. We ensure that any personal data collected through our website is processed lawfully, transparently, and for legitimate purposes. For more information, refer to our Privacy Policy.


Enforceability

In the event any of the provisions of these terms of access shall be held to be unenforceable, the remaining provisions shall be unimpaired, and the unenforceable provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.


Governing Law and Jurisdiction

These terms and conditions and all matters arising out of or relating to these Terms and Conditions shall be governed by and are to be construed in accordance with the laws of Kenya, excluding any conflict of law provisions. By accessing this website and/or applying for the products or services provided herein by the KCB Group, you hereby consent to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of or relating to the use of this website.


Termination

KCB Group may terminate these terms and conditions, your access to this website and use of online services at any time, without prior notice to you. In the event of termination, you are no longer authorized to access our website, and the restrictions imposed on you with respect to Content downloaded from our website, as well as the disclaimers and limitations of liabilities set forth in these terms of access, shall survive.


General provisions

The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions

Users acknowledge that the foregoing terms shall not limit any specific provisions set out in the individual terms and conditions of particular products and services offered by KCB Group on or through this Website.

No failure or delay by KCB Group to exercise any of KCB Group’s rights will be construed as a waiver of any such right, whether this is done expressly or impliedly, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.