PART I - GENERAL
The Agreement
1. In this Agreement:
1.1 “We”, “our”, “us,” or “the Bank” means KCB Bank Kenya Limited and includes its successors in title and assigns.
1.2 "You", "your" or “yourself” means the Customer and includes your personal representatives and heirs.
1.3 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
1.4 Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
2 This Agreement sets out the General Terms and Conditions (the “General Terms and Conditions”, or “General Terms” or “Terms”) which shall apply to all accounts, products and/or services offered by us to you, with the exception of SAHL accounts, products and/or services.
3 Please read these General Terms carefully before you use any of our products or services. By agreeing to use any of our products or services, you are deemed to have read, understood and accepted all the conditions set out in these General Terms; and you acknowledge and agree that they form a legal and binding agreement between you and the Bank, as may be amended, modified or supplemented from time to time.
4 These Terms supplement and are to be read together with:
4.1 The Application Form and Terms and Conditions or Terms of Use governing the specific account, product or service offered to you by us alone or by us together with third parties as accepted by you ("Specific Terms"); and
4.2 The Terms and Conditions of any other document, mandate or agreement governing your relationship with us as may be amended, modified or supplemented from time to time (the "Additional Terms"); and
4.3 The Data Privacy Statement available at https://ke.kcbgroup.com/data-privacy-statement\ in effect from time to time.
5 The Specific Terms will include our charges, interest rates, notice periods, minimum or maximum balances and other features for the particular type of account or product or service. We will share these with you when you open your account or apply for a new product or service, for your acceptance.
6 Where these General Terms are inconsistent with the Specific Terms, the Specific Terms shall prevail. In the event of any further conflict or inconsistency among the following documents, the order of precedence will be: (1) the Additional Terms, (2) the Specific Terms, and (3) the General Terms, to the extent of the inconsistency.
7 We may revise these Terms from time to time. Any amendment to these Terms shall become effective when posted on our website, www.kcbgroup.com , or the announcement thereof has been displayed or published by us, or we have given you reasonable notice by other means as we deem appropriate in the circumstances. If you do not agree with the amendment, you may choose to discontinue use of our products or services. Otherwise, your continued use of our products or services shall constitute your agreement to be bound by any such revision.
PART II – DEFINITIONS
8 Definitions
8.1 “Account” or “Bank Account” means an account held with the Bank, operated or transacted singly and/or jointly which includes but is not limited to current and savings deposit account(s), safe custodial deposit lockers, current overdraft facility account, term and call deposit accounts, loan accounts, advance accounts, contract accounts, product accounts, mobile and/or online accounts (as the case may be) and any other type of account that the Bank may provide from time to time which you are entitled to operate, subject to the provisions of the Application Form and/or Specific Terms applicable to the account(s)
8.2 “Bank” or “KCB” means KCB Bank Kenya Limited incorporated in Kenya as a limited liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and duly licensed as a Bank under the Banking Act (Chapter 488 of the Laws of Kenya) including but not limited to its successors in title and permitted assigns (whether immediate or derivative) and includes the Bank’s branches as may from time to time be specified by the Bank to you
8.3 “Application Form” means generally, the form you complete when applying to open an account or to receive any of our product or services, with there being different application forms applicable for different products or services offered by us;
8.4 “Authorised Signatory” means any person appointed by you in accordance with our requirements, to give Instructions in relation to such matters as regarding your Account and its operation as you have specified to us;
8.5 “Biometric data" means personal data resulting from specific technical processing based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, deoxyribonucleic acid analysis, earlobe geometry, retinal scanning and voice recognition;
8.6 “Card” means such card as shall be issued to you by the Bank to enable you access the funds in your Account under the;
8.7 “Channels” means the different methods that the Bank has available to the Customer to access their account and various banking services without physical intervention by a bank official, including but not limited to mobile banking and internet banking channels;
8.8 "Consent" means any manifestation of express, unequivocal, free, specific and informed indication of the data subject's wishes by a statement or by a clear affirmative action, signifying agreement to the processing of personal data relating to the data subject
8.9 “Data Processor” means any person or body who/which processes personal data on behalf of the Bank.
8.10 “Data Protection Officer” means person responsible for; advising the data controller/processor on data processing requirements under the law; ensure compliance with the data protection law; facilitate capacity building of staff involved in data processing operations; advice on data protection impact assessment; and co-operate with the Data Commissioner and any other authority on matters relating to data protection.
8.11 “Data Subject” means an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
8.12 “Event of Default” means an event, that we have agreed in a separate document, such as Specific or Additional Terms, the occurrence of which prevents us from performing all or some of our obligations under these Terms;
8.13 “Force Majeure Event” means any event due to any cause beyond the control of the relevant party, including but not limited to restrictions on currency convertibility or transferability, involuntary transfers, the malfunction or failure or unavailability of any system, hardware, software, or application; the loss or destruction of any data, power failures, corruption of storage media, acts of vandalism, sabotage, fire, flood, explosion, acts of God, economic sanctions, legal requirement, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government or similar institutions, terrorist or any enemy action, adverse weather or atmospheric conditions or other natural phenomena;
8.14 “Instructions” means your directions or orders to us with respect to the operation of your account;
8.15 “KCB Biometric Login Service” or “KCB Biometric Authentication Service” means a service where you may use your registered fingerprint or such other biometric information as the Bank may enrol from time to time (Hereinafter referred to as “Biometric Information”), in lieu and /or in addition to Your Account(s) PIN/Password as security to confirm Your identity to access your Account(s) and/or the Bank’s Products and Services.
8.16 “Personal Data” any information relating to an identified or identifiable natural person provided by You as per these General Terms and any other Specific Terms You may enter into.
8.17 “Personal Data Breach” means a breach of security of leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
8.18 “Personal Information” means Your Personal Data and confidential information or that of a Connected Person and includes all the details that the Bank holds or collects from You, directly or otherwise, Your transactions, financial information, interactions and dealings with the Bank and information collected through the use of the Bank’s website, cookies, and electronic banking services.
8.19 “Regulator” means the Central Bank of Kenya
8.20 “Security Procedures” means such procedures as shall be advised from time to time by us, designed to authenticate your access to our channels and to verify the origination of communications between us. Depending upon the method of communication you use, the Security Procedures may constitute one or more of the following measures: unique transaction identifier or One Time Password (OTP), digital signatures, encryption algorithms or other codes, multifactor authentication, user entitlements, schedule validation or such other measures as in use for the communications method from time to time.
8.21 “Sensitive Personal Data” means data revealing a natural person's race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person's children, parents, spouse or spouses, sex or the sexual orientation of the data subject.
8.22 "Third Party" means, with respect to Data Processing, such natural or legal person, public authority, agency or other body, other than the data subject, data controller, data processor or persons who, under the direct authority of the data controller or data processor, are authorised to process personal data.
8.23 “Transaction” means the movement of money into or out of your Account;
8.24 “You” or “Your” means a legal person(s) including but not limited to an individual, firm, partnership, trust, or corporate body in whose name the Account(s) is held or your Authorised Person(s). If You have a joint account, references in these Terms to ‘You’ include both of You, jointly and separately.
PART III: COMMUNICATION AND INSTRUCTIONS
9 How We Communicate With Each Other
9.1 You can contact us at the address and telephone number shown on your statement or through our Twenty-Four (24) hour Contact Centre on 0711 087000 or 0732 187000, SMS: 22522 or email: contactcentre@kcbgroup.com, unless we specifically give you a different address or telephone number to use for a particular service.
9.1.1 We may record or monitor telephone calls between us so that we can check instructions and make sure that we are meeting our service standards. Our records in this respect are conclusive.
9.2 We may contact you in person or by post, telephone, mobile telephone, through our mobile application if you are registered to access our products through the same, or, where suitable arrangements have been put in place, by computer (which in this agreement includes any form of electronic communication, including communication over the internet or by electronic mail (e-mail)), using the latest address or telephone number you have given us. You agree to tell us of any changes or additions to these details.
9.3 All notices, statements, letters and other communications from us will be sent to your last known address, and the date on our copy of any such communication shall be taken to be the date of such dispatch in the absence of proof to the contrary.
9.4 Any written communication from us to you including but not limited to any notice given pursuant to these Terms shall be deemed to have been received by you:
9.4.1 If delivered, at the date and time of delivery;
9.4.2 if sent by post, five business days after posting if sent to a Kenyan address and seven business days after posting if sent to an address outside Kenya (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).
9.4.3 If sent by SWIFT, when the acknowledged SWIFT message is received; and
9.4.4 If sent by e-mail, short message service (SMS) or facsimile (fax), on completion of the transmission.
9.5 We shall not accept liability for damage resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication whether to or from you, ourselves or any third party, by delivery, post, telegraph, telephone, e-mail, SMS or any other means of communication.
9.6 The contact address you specified in the Application Form completed to open your Account with us shall be deemed by us to be your contact address and all communication addressed to you shall be sent to the said address unless you have notified us in writing of a change to this address, and completed any documentation that may be required documentation enable its use.
10 Giving us Instructions
10.1 We will act on your instructions given:
10.1.1 on a document bearing your original signature(s) in such form as we may require; or,
10.1.2 where suitable arrangements have been put in place, by telephone, mobile telephone, email, or otherwise through the internet (altogether, “Electronic Instructions”), whether or not they were given by you as long as we have followed the Security Procedures, unless we advise you that instructions may be given in a different way for a particular account or service.
10.1.2.1 Before you give us any Electronic Instructions, we will agree on the necessary Security Procedures for authenticating such instructions.
10.2 You must provide us with a specimen of your original signature (s), in a form acceptable to us. We will also require the specimen signatures of each Authorised Signatory. We may require a fresh specimen signature in the event of any changes to the name of your account.
10.3 We may ask you to give us written confirmation and co-operation if we have received instructions on your account which were not given by you.
10.4 You are responsible for:
10.4.1 the clarity, accuracy and completeness of all Instructions;
10.4.2 ensuring that all instructions are given in the manner specified by us and complying with all applicable laws.
10.4.3 ensuring that your Account has sufficient funds as may be necessary for the Bank to comply with your instructions and deduct any applicable commission and charges;
10.4.4 only using the same signature for all Accounts, Cards or Services where applicable;
10.4.5 ensuring that the instructions are not varied or cancelled after they have been received or processed by us;
10.4.6 giving us all documents and information and help we may need (whether for us to comply with our obligations under all applicable laws, to act on your instructions, for the operation of the Account, Card or the Service or otherwise); and
10.4.7 all instructions effected through our electronic channels (internet, mobile, mobile application, USSD) or the use of your Password.
10.5 The Bank in its own discretion may disregard any instructions, refuse to provide or allow you to use or access any Service if:
10.5.1 The Instructions are not clear, inconsistent, incomplete, incorrect, misleading, or if the Bank reasonably believes or suspects that the instruction is unauthorized, fraudulent or forged.
10.5.2 The Instructions have not been given in accordance with these Terms.
10.5.3 You do not have sufficient funds and the instruction would result in an Account being overdrawn or any overdraft limit greater than that agreed or sanctioned by us, or the Account balance to fall below the Account minimum balance or exceeding the daily transfer limit or category limit on the Account or the Transaction limit for any Account, or Service being exceeded;
10.5.4 Circumstances beyond our control prevent your instructions from being carried out;
10.5.5 You have not provided us with all documents, verification and information we require;
10.5.6 It is unreasonable and impractical to do so;
10.5.7 Yours or your Authorised Signatory’s identity cannot be verified to the Bank’s satisfaction;
10.5.8 The Bank believes that in carrying out the Instructions, a law, regulation, code or other duty or obligation which the Bank is required to comply with may be breached;
10.5.9 You have not given us Instructions in writing, where required; or
10.5.10 Where an Event of Default has occurred or is continuing.
10.6 If you wish to cancel your instructions:
10.6.1 You must notify the Bank as soon as you are aware that a Transaction may have been incorrectly executed.
10.6.2 The Bank will try to stop a Transaction when instructed but we will not be responsible for any loss you incur if we cannot do so.
10.6.3 Where a Transaction has already been effected, the Bank may, subject to certain conditions and depending on whether any other third party is involved in which case the Bank may already be irrevocably bound to process such Instructions, decline to cancel such Instructions. You acknowledge and hereby indemnify the Bank from any liability if it does not or is unable to stop or prevent execution of the initial Instruction.
10.6.4 If the Bank is able to cancel your instruction you will be responsible for any and all costs, losses and other expenses related to such cancellation.
10.7 The Bank may refuse to make a payment if you do not have sufficient funds in your Account. In deciding whether you have sufficient funds, the Bank will take account of any instructions to make payments and regular payments which have not yet been paid from your Account. The Bank will not be obliged to take account of regular credits, or any amounts received after it has decided not to make the payment.
10.8 Electronic Instructions:
10.8.1 We may act on your Electronic Instructions from time to time. You hereby confirm your full knowledge and voluntary acceptance of any and all risks associated with such Instructions. These provisions on Electronic Instructions shall apply equally to any Instructions issued by you to us as far as reasonably applicable.
10.8.2 We shall take all reasonable measures to check or verify authenticity or accuracy of such Electronic Instructions purporting to have been sent by you.
10.8.3 We shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that instructions may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any instructions on which we may act if we have, in good faith, acted in the belief that such instructions have been sent by you.
10.8.4 We may, in our absolute discretion, decline to act on or in accordance with the whole or any part of an instruction pending further enquiry or your further confirmation (whether written or otherwise). We shall, however, not be under any obligation to decline to act in any case, and shall in no event or circumstance be liable for not so declining.
10.8.5 You confirm that you shall release from and indemnify us against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to our acting in accordance with the whole or any part of any of your instructions or having exercised (or failed to exercise) the discretion conferred upon us.
10.8.6 You acknowledge that, to the full extent permitted by law, we shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your password, ID or any means whether or not occasioned by your negligence.
10.8.7 If we receive several instructions at approximately the same time the total amount of which exceeds the available assets of or the credit granted to you, we may honour the orders on a first come first served basis.
10.8.8 You must do all that you reasonably can to make sure that the Security Procedures, codes and any Personal Identification Numbers (PINs) are kept secret at all times. In the case of mobile banking, you must change your PIN on first use.
10.8.9 You must tell us as soon as you can if any card issued to you or any other tool you use to access our Channels (such as a mobile device or computer) is lost or stolen, or if you think someone else may know the Security Procedures, codes or PINs. Until you tell us, you will be responsible for all instructions that we receive and act on even if the instruction may not have been given by you.
10.8.9.1 Unless we can show that you have been fraudulent, grossly negligent or have broken the provisions of these Terms, we will credit your account with any payments we make after you tell us. We will have no further liability to you. We can ask you for all the information you have about the misuse of Security Procedures, codes and PINs, which we may pass on to the police if we think that it will be useful.
10.9 We may ask you to provide us with any information or document necessary for us to maintain your account in compliance with our ‘know-your-customer’ (KYC) obligations currently in force or as may be varied from time to time. We may decline to act on your Instructions or suspend operations on your account if you do not provide us with such information or if your account is not compliant with our ‘know-your-customer’ requirements.
10.10 In the event that you hold the account jointly with others the liability of the account holders shall be joint and several. You also hereby authorize us to pay or deliver to or to the order of the survivors or survivor or the executors or administrators of the estate of such survivor any monies standing to the credit of your joint account.
10.11 If we receive notice that you have become mentally incapacitated, bankrupt and/ or insolvent, we will treat this as notice of cancellation of the authority set out above. This means that we may at our absolute discretion freeze or suspend your Account and the products and services related to the Account without being liable to you until either a legal guardian or a court appointed administrator (as the case may be), is appointed to act for you.
10.12 We are authorized to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws.
10.13 Authorised Signatories: You will give us, in an acceptable form, the specimen signature (s) of every person authorized to operate the account.
10.13.1 Unless otherwise agreed in writing, all signatories are in a position to withdraw all or any of your property or securities held by us from time to time, to open any further account in your name, and to withdraw or overdraw any of your accounts.
10.13.2 If you at any time instruct us to change the persons authorized to operate the Account, we shall require that such instructions be effected on all your Account access and operation channels, unless you instruct us in writing to do otherwise.
10.14 Partnership Accounts: The following additional provisions shall apply to partnership accounts:
10.14.1 You hereby authorise us to carry out instructions countermanding payment of cheques, bills of exchange, promissory notes, or other orders for payment when such instructions are given by any person whose name appears on the mandate whether or not that person has signed the original payment instruction.
10.14.2 You authorise us to make advances with or without security by way of overdraft, loan or in any other manner on the requests of the partners at the time being, and to discount bills and promissory notes on the request of the partners for the time being made in accordance with the account mandate.
10.14.3 You authorise us to accept by way of pledge or deposit as security or for safe custody, anything belonging to the partnership on the instructions of the partners for the time being made in accordance with the account mandate, and to deliver upon the said instructions anything so accepted or held on account of the partnership.
10.14.4 All liability of the partners to us is joint and several.
10.14.5 Upon any change in the constitution of the partnership, the partners will sign a new mandate.
10.14.6 A mandate remains in force and may be acted upon by us until it has been revoked in writing by all or any of the signatories or until it has been replaced by a new mandate
11 Joint Accounts: The following additional provisions shall apply to joint accounts:
11.1 The holders of a joint account authorise us to pay or deliver to or to the order of the survivors or survivor or the executors or administrators of such survivor any monies standing to the credit of their joint account.
11.2 All liability on a joint account is joint and several.
IV CREDITS AND DEBITS TO YOUR ACCOUNT
12 Payments By Third Parties
12.1 We may credit your account with amounts paid by third parties. We will accept all instruments such as cheques, drafts, bills of exchange and other negotiable instruments or commercial documents, tendered for collection and credit to your account, subject to the following express terms and conditions:
12.1.1 Instruments not payable at the Bank are accepted by the Bank only for transmission on your behalf and at your entire risk and responsibility.
12.1.2 Where we forward the instruments by post or through courier services, to other banks or to any correspondent, agent or sub-agent of the Bank, the Post Office and the courier, as also the Bank or correspondent, agent or sub-agent will be deemed to be your own “agent for collection” even though the couriers, other bank, correspondents, agent or sub-agents are of the Bank’s choice.
12.1.3 We will not accept responsibility, and shall not be held liable, for any delay, mutilation or loss of any of your instruments, arising from or occasioned by transmission by post or through a courier, nor shall we be responsible or held liable for any act, neglect, default, failure or insolvency of any bank, correspondent, agent or sub-agent aforesaid and or their employees and for any loss or damage suffered by you or by any other party as a result thereof, provided that the Bank is not wilfully negligent.
13 Deposit of Cheques and other payment orders
13.1 All cheques or other orders for payment of whatever nature are accepted for deposit for collection at your risk, notwithstanding that we send such instruments for collection through a courier of our choice or other means as we deem necessary. Where any cheque or order is unpaid for any reason whatsoever (including but not limited to physical loss) other than our negligence, we may debit your account with the amount previously credited (taking into account any exchange fluctuation where relevant) in respect of that cheque or order, together interest since the date of crediting if the account is thereby overdrawn.
13.2 Before making any withdrawal, you must allow sufficient time to elapse after making any deposit (even of cash) in order to enable us carry out necessary operations to credit the account.
13.3 Where cheques, other negotiable instruments or commercial documents are deposited for the credit of your account, whether or not payable at or by us, the amount of such deposits shall be available for withdrawal only when actually collected by the Bank.
13.4 Although immediate credit may have been given for cheques received or collected through clearing, they are not available for drawing against until the relative cheques are realised. In case such credits are allowed to be drawn against, it is not to be construed that the relative cheques have been honoured. We reserve the right to debit your account or in any other way recover the amount in case such cheques are returned unpaid.
13.5 Notwithstanding the provisions this clause on the deposit of cheques or orders of payment herein, any money credited to you in error must be repaid on demand.
14 Cheque Books
14.1 Cheque books may be issued, on application, to Current Account holders, subject to subject to the following conditions:
You agree to look after and use any chequebook any cheque form with utmost care
14.1.2 You further agree to ensure:
14.1.2.1 That all uncompleted cheque forms are kept in safe custody at all times
14.1.2.2 That we are informed immediately upon your discovery that any chequebook of cheque form or registration slip in the chequebook has been stolen, lost or mislaid.
14.1.2.3 That any person preparing a cheque is authorised to do so
14.1.2.4 That any cheque prepared and signed in ink or other indelible wiring materials
14.1.2.5 That the amount on the cheque is written in such manner as to prevent any unauthorised addition alteration or deletion or letters or figures
14.1.2.6 That any cheque and any alteration is signed by an authorised signatory
14.1.2.7 That no uncompleted cheque is given to any stranger or other person when you do not have reasonable grounds for believing him to be trustworthy; and
14.1.3 You are advised that:
14.1.3.1 Where possible any completed cheque should be crossed with two distinct lines in order to make the cheques negotiable on through a bank.
14.1.3.2 If it is known with which bank the beneficiary of a cheque keeps his account, then the name of the bank should be added to the crossing in order to make the cheque negotiable only though that particular bank.
14.1.3.3 We will stop payment of any cheque upon receipt of your written notice to that effect in a form acceptable to us. We will record your notice upon receipt but will not be responsible if the notice is not acted on otherwise than through negligence. If by reason of negligence a cheque is in fact paid after receipt of your notice, we will repay you upon proof to our satisfaction that the payment has not discharged or partially discharged your liability to any party to the cheque and further upon receipt of an assignment of your rights against all such parties but not otherwise. You will give us all assistance necessary to the enforcement of the assigned rights. If reasonable assistance is not forthcoming or if it is proved that the payment has discharged your obligation, we may re-debit your account with the value of the cheque and the costs of the action. Any notice given to us countermand payment of a cheque must clearly indicate the cheque number, amount, payee’s name and the account number. You must advise us if a lost cheque which has been stopped is found and a replacement issued.
14.1.3.4 Upon closure of any account you will return to us any remaining uncompleted cheque forms relating to that account and we will return to you the value of any revenue stamps reimbursement for them which is obtained by us.
14.1.3.5 We may refuse payment of any cheques not drawn on our cheque form in the manner specified by us from time to time.
14.1.4 Drawing cash using a cheque
14.1.4.1 We will pay you cash where the cheque is signed in the presence of the Teller by you or an authorised signatory or by authorised signatories.
14.1.4.2 Where a cash cheque is presented not by you but a third party, we will require confirmation by telephone or such applicable Security Procedure as we may require, from you or from your representative known to us before we make payment.
14.1.4.3 Where cash cheques are presented by your employees or other known agents the following steps will be taken:
14.1.4.4 The employee or agent will be identified beforehand in a manner accepted to us; and
14.1.4.5 A limit on such drawings will be agreed in writing with us, and until such limit is agreed, no drawings will be allowed under this paragraph.
14.1.4.6 Where you request that payments be made under this paragraph you will indemnify us in respect of all payments made to such employee or known agent, whether or not the money was received by you and whether or not the order for payment presented was in fact your order.
14.1.4.7 Where you request that payments be made under this paragraph you will indemnify us in respect of all payments made to such employee or known agent, whether or not the money was received by you and whether or not the order for payment presented was in fact your order.
14.1.5 Forgery
We will not be liable to you or any other person for having honoured even negligently any cheque the signature or content of which has been forged if:
14.1.5.1.1 You have facilitated such forgery either by failure to comply with any of the conditions contained these Terms or by your negligence in any other way; or
14.1.5.1.2 There has been a previous forgery of the cheque and you fail to object to the first statement of accounts which debited such cheque as provided in these Terms, or the forgery has been perpetrated by your employee, servant, agent, contractor or sub-contractor.
14.1.6 No Duty of Bank to Protest
Our relationship is governed by these Terms and is subject to any further agreement we may have, in writing. We shall not be liable for any loss or damage suffered by any party if any dishonoured bill is not noted or protested or both. We will nevertheless endeavour to cause dishonoured bills to be noted or protested or both, provided that we receive instructions to do so within 24 hours of dishonour thereof.
15 Automated Teller Machine (ATM) Deposits
15.1 You may make deposits into your account through selected Automated Teller Machines (ATM’s) which we shall notify you of through public notices in our branches or by other means that we may deem suitable. We shall advise you of the processes and limitations of using this channel of making deposits through brochures and notices placed at the selected ATM sites and electronic messages displayed on the ATM. However, we shall not be liable to you for any loss or damage that you may suffer as a result of your failure to strictly follow the processes set out in the said brochures, notices and electronic messages or as a result of any delays or errors resulting from any system malfunction outside our control.
16. If we receive instructions and credits for an account during the opening times on any business day, we will process them all on that day or on the date specified in your instructions. Instructions and credits received after the opening times for a business day will be processed on the next business day. Even though branches may open on the weekend, these days are considered non-business days and instructions received on the weekend will be processed on the next business day. Branch opening times vary and are displayed in each branch and on our website at https://ke.kcbgroup.com/ways-of-banking/branches .
17 Your statement balance will show credits when your Account receives them even if they include cheques which are not “cleared”. To calculate interest, we generally treat cheques as cleared when we receive value for them from the relevant bank through the banking system. However, the bank can still return the cheque unpaid, e.g. for lack of funds. If it does so, we will debit your account with the amount of the cheque.
18 All funds in your Account shall be available to you on demand subject to the following limitations:
18.1 Withdrawal limits at the applicable channel such as branch teller, automated teller machine, transaction limits on mobile or electronic banking;
18.2 Insufficiency of funds in your account;
18.3 Cheque deposits that have not been cleared; and
18.4 Unauthorised transactions.
19 Term and Call Deposits
In this Clause, “Account” means a Term or Call Deposit Account opened by us in your name at your request.
19.1 Term Deposits: Term Deposits are available for different durations (for instance 3 months or 1 year), some of which may only be available for you to invest in for a limited time (Limited Issue Term Deposits), subject to the following terms, unless otherwise agreed:
19.1.1 Depositing additional funds during the term of the Term Deposit is not allowed, but you may open additional Term Deposit Accounts.
19.1.2 Your Term Deposit will mature on the relevant anniversary of the date the deposit was opened, or if this is a non-business day, the next business day. If we do not hear from you up to 5 business days prior to the date of maturity, the monies will be rolled over in your name(s) as per your latest instruction held with us (your “Disposal at Maturity Instructions”) or, in the absence of any Disposal at Maturity Instructions, into a new Term Deposit of the same term as the maturing Term Deposit and at the then prevailing interest rates.
19.1.3 The rate of interest will be fixed at the time of issue of the Term Deposit. Interest on the Term Deposit is calculated on the principal investment amount and will not be compounded (unless you are advised otherwise in writing). Interest will only be paid on the maturity date of those Term Deposits of a period of one (1) year or less. Where the Term Deposits run for a period of above one (1) year interest will be paid at agreed intervals within the term of the Term Deposit. However, you have the option to have the interest paid on the maturity date upon notifying us of such request
19.1.4 Early withdrawals from Term Deposits will be permitted on condition that the entire interest accrued will be forfeited. You must however give us one (1) month written notice of your intended withdrawal.
19.1.5 We will effect your withdrawal instructions upon the lapse of your notice. Please note that you must withdraw the entire Principal amount, as partial withdrawals are not allowed.
19.1.6 All payments, whether of interest or principal will be made by an automated credit into a KCB account in Kenya nominated by you. There may be a charge for any other means of transfer requested by you.
19.1.7 We reserve the right either to decline or open a Term Deposit. For Limited Issue Term Deposits, no applications will be accepted after the closing date, once announced.
19.1.8 You must provide us with any information requested, which we consider pertinent to this, or any other, banking service at any time.
19.2 Call Deposits: Call Deposits are available for at least one day duration and they have no fixed or maximum term, subject to the following terms, unless otherwise agreed.
19.2.1 You may uplift a Call Deposit after giving the bank a one-day notice.
19.2.2 Your Call Deposit shall be subject to rate revision at a short notice of one day during its tenor. We may therefore vary the rate of interest from time to time.
19.2.3 We may impose a minimum amount for a Call Deposit to qualify for interest and shall advise you of this minimum amount at the time of opening the Account.
19.2.4 We shall advise you of the rate of interest that will accrue on your Call Deposit. Interest will be calculated on the principal investment amount and will not be compounded (unless you are advised otherwise).
19.2.5 Interest will be calculated daily and paid into your current account or, if we agree, reinvested into the Call Deposit Account.
19.2.6 The interest earned by your Call Deposit will only be paid to you when the Call Deposit is uplifted.
19.2.7 You may, on giving the bank a written short notice of one day withdraw the amount in your Call Deposit Account. No withdrawal charges will be levied for such withdrawals.
19.2.8 All payments, whether of interest or principal will be made by an automated credit into a KCB account in Kenya nominated by you. There may be a charge for any other means of transfer requested by you.
19.2.9 We reserve the right to either decline or open a Call Deposit.
19.2.10 You must provide us with any information we request, which we consider pertinent to this, or any other, banking service at any time.
20 Debit Cards
20.1 You may be issued with a Debit Card and a Personal Identification Number (PIN) for safety of the Debit Card and any transactions carried out using the Debit Card.
20.2 Debit Cards not utilized for a period of 9 consecutive months will be automatically deactivated. Request for Activation of the same will be made in writing.
21 Amounts Owed to Us
You consent to our taking the following actions with respect to any amounts you may owe to us during our relationship.
21.1 Erroneous Credits
21.1.1 We may, without prior notice, debit any amount(s) credited to your account in error and/or reverse any entry made to your Account in error. We will however not be liable for the consequences of such debits and/or reversals and any amount(s) credited to your Account in error and used by you must be repaid together with all interest accrued thereon within twenty-four (24) hours of demand being made by us.
21.2 Overdrawn Accounts
21.2.1 You confirm that it is your responsibility to ensure that your account is not overdrawn, and you understand that you shall not be entitled to overdraw on your account, unless the account is a current or transactional account and arrangements for an overdraft have been made beforehand with us.
21.2.2 In the event the account does become overdrawn, we may send you a letter of demand for payment of the overdrawn amount, costs and any outstanding bank fees and charges including interest at any rate or rates as we may determine from time to time but not exceeding the maximum allowed by law. Such interest will be calculated on daily balances and debited to your account on monthly basis.
21.2.3 If you do not pay the amount so demanded under this clause, you will be in breach of this agreement and legal action shall follow, the cost of which shall be debited to any of your accounts with us.
21.3 Set-Off
21.3.1 We may, upon notice, combine/consolidate any of your accounts with us, whether current, loan, savings, term deposit or any other type and set off against any of your other accounts or indebtedness to us.
21.3.2 We may, upon notice, set off an account against any other account or indebtedness in respect of which you are liable, notwithstanding that some other person may also be liable in respect thereof. In such circumstances, upon receipt of an indemnity acceptance to the Bank (against costs) and at your expense, we will give you any assistance necessary in obtaining a refund.
21.3.3 If the set – off is for debt recovery, we will provide you with a detailed breakdown of the costs and expenses recovered.
21.4 Lien
21.4.1 Without prejudice to the above, in the event that you owe us money, we shall have a general lien over all your property/assets in our possession, including but not limited to cash, goods, securities or valuables deposited for safe custody as security, cheques presented for repayment, bills and any other property movable or immovable charged to secure repayment of any money whether or not that money has been repaid and also over all property which by the general law we have a lien. If you are indebted to us in circumstances giving us a right of set off, all securities as set out in this clause will be held as security for the debt.
21.4.2 If you fail to pay any accrued debt in full within a period of 14 days from the date of your receipt of a notice/demand for payment from us, or within such time as may be otherwise specified in the demand from us, we may without further notice realise your property/assets to discharge the debt. Any part payment made will be accepted strictly on account and without prejudice to our rights.
21.4.3 If the debt is not discharged within the time allowed, we may realise sufficient of your assets to discharge the debt. You hereby constitute us as your attorney for purposes of any transaction as may be necessary to facilitate realisation of the security and discharge of the debt.
21.4.4 Funds in foreign currency which are subject to our lien may be set off against debts or realized at the rate of exchange prevailing at the date of the set off or realisation. We will accept no liability for loss and damage caused by exchange fluctuations.
22 Payments abroad
22.1 You may give us instructions to make a payment from a specified account to a beneficiary in another country.
22.2 We will use our sole discretion when deciding the method by which your instructions will be transmitted. We will use as a paying bank either the paying bank nominated by you or any bank of our or another bank’s choice in the country whose national currency is being remitted and/or the country where the beneficiary resides.
23 Holdings and credit in Foreign Currency
Subject to all laws and Governmental Regulations applicable:
23.1 We will credit the counter-value of your holdings in foreign currencies to accounts with our correspondents in various countries of origin.
23.2 While such accounts are in our name, they shall be held at your risk. You accordingly accept responsibility for any ensuing consequences, including but not limited to consequences of legal, fiscal or other measures affecting the accounts.
23.3 Except in the case of an assignment by you to us, you may dispose of such funds only by means of requests for cheques or transfers in the original currencies at our option.
23.4 All credits granted in foreign currencies are also subject to this Clause
IV CHARGES AND STATEMENTS
24 Interest and fees/charges
24.1 We have the discretion to charge fees as we may deem fit from time to time and may at our sole discretion, subject to approval by our Regulator, revise the fees for use of any or all of our products and services.
24.2 Our fees shall be published from time to time on our Tariff Guide which is available in all branches of the Bank as well as on our website at https://ke.kcbgroup.com/our-tariff . Any Transactions conducted post such notification shall imply your acknowledgement and acceptance of the fees posted on the website.
24.3 You shall pay to the Bank and the Bank is entitled to deduct from your Bank account (without further reference to you), unless otherwise agreed in writing:
24.3.1 Interest on overdrawn accounts, loan accounts or any other facility granted, at any rate or rates as we may determine from time to time, but not exceeding the maximum allowed by law, which rate or rates may be different for different accounts. Such interest will be calculated on daily balances and debited monthly. We will notify you within reasonable time prior to effecting any change(s) as regards interest rates. Where a higher rate of interest has been agreed, we may charge such higher rate on any of your accounts. Such interest is payable notwithstanding the determination of your relationship with us and until you repay the amount you owe us in full.
24.3.2 Any transaction fees or commissions payable in respect of the use of any of the Bank’s products or services;
24.3.3 Any legal charges including advocate costs incurred by the Bank in obtaining legal advice in connection with your Account and your dealings with the Bank or incurred by the Bank in any legal, arbitration or other proceedings arising out of any dealings in respect of your Account; and
24.3.4 All other proper fees, charges, expenses including but not limited to ledger fees, disbursements for cheque books, postage, cables, telephone calls, duties, impositions, and all other expenses incurred in complying with your Instructions. We may also debit your account with expenses incurred:
24.3.4.1 In complying with your requests;
24.3.4.2 In complying with the requests of authorised and accredited Government or related agencies in relation to your account;
24.3.4.3 In maintaining your account;
24.3.4.4 In collecting or attempting to collect any amount of money you owed to us;
24.3.4.5 Expenses incurred in realising any security or protecting the subject matter of any securities issued to us; or
24.3.4.6 Such penalties as are provided in the Specific or Additional Terms at any rate or rates as we may determine from time to time. The penalties will be calculated on daily balances and debited monthly. Penalties shall be due and payable notwithstanding the determination of our relationship as Banker and customer, until settlement in full.
24.4 We will provide you with a detailed breakdown of the costs, charges and expenses applied to your account, in your account statements.
24.5 For Savings accounts,
24.5.1 Interest shall accrue to the end-of-day balance on the account if the account has a credit balance and shall accrue and be paid into your account on an annual basis.
24.5.2 We reserve the right to vary interest rates from time to time and will give reasonable notice prior to the changes in the interest rates.
25 Taxes
25.1 Unless stated otherwise, all payments to be made by you to us are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay us an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.
25.2 Amounts in your account may be subject to withholding tax in accordance with applicable law.
25.3 You consent and agree that we may withhold amounts in any account at any time, if any tax authority requires us to do so, or we are otherwise required by law or pursuant to agreements with any tax authority to do so, or if we need to comply with internal policies or with any applicable order or sanction of a tax authority.
25.4 We will deduct tax on interest before we pay it to you unless we can pay interest without deducting tax in compliance with all applicable laws.
26 Account Statements and transaction Alerts
26.1 Accounting Period
Accounts are made up at our sole discretion at the end of each monthly, quarterly, half-yearly or yearly period excluding Deposit and Loan Accounts which we will periodically be making the statements available.
26.2 Account Statements
26.2.1 We will provide you with statements of your account at such intervals as we shall agree with you at the time of opening your account or after the opening of your account. You will be entitled to one free statement at a reasonable interval and in the absence of any agreement, we shall provide you with statements at least once a year.
26.2.2 Your statement will show all amounts added or taken from your account since the previous statement. You must check your statement carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.
26.2.3 You will be deemed to have approved and accepted the correctness of the statement if you do not object to it within twenty-eight (28) days from its date, and in particular you confirm that you will not challenge the contents of the statements on any grounds whatsoever, including but limited to lack of mandate, forged or inadequate signature of endorsement of cheques, forged alteration thereof or otherwise after the Twenty-Eight (28) days.
26.2.4 We will correct any entries that may have been made to your account in error, have a discrepancy or require alteration as soon as possible after you tell us about them or when we notice them, without prior notice to you. If we correct any entries without prior notice to you, we will inform you of the same within a reasonable time of the change.
26.2.5 We may put messages on your statement to tell you about changes to this agreement.
26.2.6 We will give you the option of whether to receive your statements in paper form or in electronic form. If you choose to receive statements in electronic form, you will be required to adhere to the Security Procedures we put in place to protect the confidentiality of your statements.
26.3 Alerts
We will give you an option to subscribe to our transaction alert service (SMS Alert Service) where you will receive notification on your mobile telephone of any transaction on your account. We may levy a charge for the service, which we shall advise you of at the time of your subscription, and from time to time during our relationship.
VI LIABILITY AND INDEMNNITY
27 Our liability to you
27.1 We will, in good faith and applying reasonable care and in accordance with our regulatory requirements and generally acceptable Banking standards, make our best effort to ensure the security of, and prevent unauthorised access to, our banking systems; and ensure provision of adequate accounts, products and services to you.
27.2 Limitation of Liability
27.2.1 Neither of us will be responsible for any failure to perform any of our obligations under these Terms and any Specific or Additional Terms (including, with respect to the Bank, a request for payment or transfer from an Account) if such performance would result in a breach by either of us or our related branches, affiliates, or our systems, of any legal requirement or if its performance is prevented, hindered or delayed by a Force Majeure Event. In such case the obligations will be suspended for so long as the Force Majeure Event continues (and, in the case of the Bank, no other branch or affiliate shall become liable).
27.2.2 Neither the Bank nor any of its related branches or affiliates will be responsible for any action taken to comply with economic sanctions or legal requirements (and no other branch or affiliate shall become liable).
27.2.3 We will not be liable for any losses or damage suffered by you as a result of or in connection with:
27.2.3.1 Failure, malfunction, interruption or unavailability of any device used to access our Mobile or internet Banking platforms;
27.2.3.2 Failure, malfunction, interruption or unavailability of any of our systems to such extent as is beyond our reasonable control;
27.2.3.3 Any Bank system or Channel not functioning properly at the time you attempted you initiate the transaction, and it was evident to you at the time you began the transaction.
27.2.3.4 Failure of any other telecommunication system or data transmission data system other than our system;
27.2.3.5 Transactions made from your account by unauthorised third parties who pass all the identity and verification checks or applicable Security Procedures;
27.2.3.6 Transactions made by input of incorrect amounts by you;
27.2.3.7 Your disclosure of your account information to third parties;
27.2.3.8 Unauthorized access to your account or our products or services due to loss of your mobile device;
27.2.3.9 The quality of service of your mobile service provider when used to access any of our Channels;
27.2.3.10 Any fraudulent or illegal use of any of our products or services or systems used to access the same, by you;
27.2.3.11 Force Majeure Events; or
27.2.3.12 Your failure to comply with these Terms any document or information provided by the Bank concerning your access to or conduct of your Account(s) with us.
27.2.4 If for any reason other than a reason mentioned in these Terms our products or services are interfered with or unavailable, the Bank’s sole liability under this Agreement in respect thereof shall be to re-establish the product or services as soon as reasonably practical.
27.2.5 Under no circumstances shall we 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.
27.2.6 All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
27.2.7 If we suffer any losses, costs or other expenses as a result of any breach of this agreement by you, then you will be liable for these costs.
28 Indemnity
28.1 In consideration of our complying with your Instructions, you undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee or claim which we suffer or incur or sustain thereby and you absolve us from all liability for loss or damage which you may sustain from our acting on your instructions or requests or in accordance with these Terms. This indemnity includes, but is not limited to, the following:
28.1.1 All demands, claims, actions, losses and damages of whatever nature which may be brought against us or which we may suffer or incur arising from our acting or not acting on any Instruction or arising from a Force Majeure Event, interruption or distortion of communication links, or arising from our reliance on any incorrect, illegible, incomplete or inaccurate information or data contained in any Instruction received by us;
28.1.2 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;
28.1.3 Any unauthorised access to our mobile application from your mobile device or any breach of security or any destruction or access of your data or any destruction or theft of or damage to your mobile device or any equipment used to access our products and services;
28.1.4 Any loss or damage occasioned by the failure by you to adhere to these Terms and/or by supplying of incorrect information;
28.1.5 Any 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;
28.1.6 Any loss which may be incurred by the Bank as a consequence of any breach by these Terms of Use;
28.1.7 Any damages and costs payable to the Bank in respect of any claims against the Bank for recompense for loss where the particular circumstance is within your control; or
28.1.8 Any claim brought against the Bank by a third party resulting from your breach of these Terms
VII ACCOUNT MANAGEMENT & PRIVACY
29 Inoperative and Dormant Accounts
29.1 Your account will automatically be classified as Inactive if you do not initiate any transactions on the account for a continuous period of 12 months. We shall make reasonable endeavours to inform you of the intended classification of the account as inactive at least one (1) month before such classification.
29.2 Your account will be re-classified as Dormant if it remains inactive for a further period of 12 months.
29.3 You will not be allowed to transact on an Inactive or Dormant account but we shall, upon your written request, inform you of the procedure to be followed to activate your Inactive/Dormant account).
29.4 We may (including without limitation) apply any one or more of the following conditions to an Account upon its classification as Dormant:
29.4.1 confirm the validity and authenticity of the first transaction reactivating the Account;
29.4.2 suspend the payment of interest (if applicable);
29.4.3 suspend the issuance of Account Statements; and
29.4.4 charge a maintenance fee as we may determine from time to time.
29.5 Accounts that will not have any transactions initiated by you and in respect of which you shall not have communicated with us for a continuous period of five (5) years will be presumed abandoned and transferred to the Unclaimed Financial Assets Authority as such.
30 Freezing of Accounts
30.1 We may at any time freeze your account(s) if and so long as there is any dispute or we have doubt for any reason as to the person(s) entitled to operate the same. In this regard, we shall have no obligation to institute interpleader proceedings or to take any step of our own initiative for the determination of such dispute or doubt.
31 Closing your Account
31.1 You can close your Account by telling us in writing. In the case of joint accounts, all account holders must sign the Instruction to close the Account.
31.2 We can end our banking relationship with you by telling you in writing. We will give you at least 30 days’ notice, unless you are in material breach of this agreement, in which case we may end our banking relationship and close your account without notice and with immediate effect.
31.3 Any benefit or services we provide in relation to particular accounts will end as soon as your account is closed.
31.4 Without prejudice to the Bank rights above, we may at our sole discretion suspend or close your Account:
31.4.1 If we have reason to believe that the Account is being used for unauthorized purposes or where we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of our services;
31.4.2 if you have materially or persistently breached these Terms, or if we reasonably suspect or believe that you are in breach of these Terms;
31.4.3 If we are required to comply with an order or instruction of, or a recommendation from the government, court, regulator, or other competent authority;
31.4.4 If you are, or we reasonably suspect you may be using or obtaining or allowing someone else to use or obtain your account, our products or services illegally or fraudulently;
31.4.5 If your behaviour is improper, threatening or violent towards any of our staff members;
31.4.6 If you have provided us with false information;
31.4.7 If you are involved, or we reasonably believe that you are involved in criminal activity of any kind whether or not it is linked to your account or your relationship with us;
31.4.8 If you have not satisfied any Know-your-customer or anti-money laundering requirement;
31.4.9 If we reasonably consider that you have placed us in a position where we might break a law, regulation, code, requirement or obligation or we may be exposed to action or censure from any government, regulator or law enforcement agency;
31.4.10 Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
31.4.11 To facilitate update or upgrade the contents or functionality of any of our products or services from time to time;
31.4.12 If the Bank decides to suspend or cease the provision of the account for commercial reasons or for any other reason as it may determine in its absolute discretion;
31.4.13 Where upon request by the Bank you fail to provide further information pertaining to your account or information provided is false or misleading;
31.4.14 If the mobile phone number used to register for your Account is no longer subscribed to a Mobile Network; or
31.4.15 If you commit any material breach of any of the provisions of these Terms and if capable of remedy, you fail to remedy the breach within the period notified by the Bank.
31.5 We may close an Account or withdraw a product or service without prejudice to the continuance of any other Account and/or service which shall continue to be governed by these Terms, provided that not less than Fourteen (14) days prior notice shall be given to you. In particular but without prejudice to the generality of the foregoing, we may cancel credits which we have granted and require the repayment of outstanding debts resulting therefrom within such time as we may determine. Our decision in this connection shall be final and binding on you and we reserve the right to protect any account if we are compelled by law or by the order of any authority or if we have reasons to believe that the account is being used for unlawful or fraudulent activities.
31.6 You may close your KCB Account at any time at any Branch of the Bank upon payments of all outstanding amounts owed to the Bank. Any fees that may be outstanding at the time of such termination will remain payable and we reserve the right to debit such fees from your Bank account.
31.7 Termination shall however not affect any accrued rights and liabilities of either party. We shall therefore continue to process any properly initiated instructions and/or payments which we receive before the date of termination. Termination shall only be effective as to prospective Transactions only and shall not alter any of the rights or liabilities of the Bank or the Customer as to any Transactions and/or payment obligations incurred prior to the date of termination
31.8 On closure of your account you will return any plastic cards we have given you, any unused cheques and any computer banking software we have provided. You must repay any money you owe us, including, where applicable, the amount of any cheques, card transactions or any other payment instructions you have made, which have not been taken out of your account.
32 Procedure upon Demise
32.1 In the event of death, your estate administrator as duly appointed by the Court will be granted access to your account upon production and authentication of the letters of administration or grant of probate for the purposes specified in the letters of administration or grant of probate and thereafter the account proceeds will be dealt with in accordance with the confirmed grant of letters of administration or confirmed grant of probate.
32.2 If one account holder on a joint account dies, the survivor(s) may withdraw any account balance and/or continue our banking relationship without any reference to the deceased joint account holder’s family or estate. We will however require the surviving joint account holders to provide us with an original and copy of the deceased joint account holder’s Death Certificate of and/or Notification of death for our authentication, before dealing with the account as required by this clause.
33 Customer Support and Complaints
33.1 Requests for support and submission of any complaints may be made in person, in writing, by post, fax, email or by telephone. For purpose of reporting a complaint, the following may be used:
SMS number 5222 and
WhatsApp number 0711 087087.
Telephone: +254 711 087000, +254 732 187000, +254 20 2287000.
Email: contactcentre@kcbgroup.com
33.2 You should bring your complaint to our attention with the contact information provided and we will aim to deal with any complaints promptly and fairly. A copy of our complaint’s procedure is available on request from any branch or our Contact Centre.
33.3 The Bank will take all measures within its means to resolve your complaints within a reasonable time. All complaints will be handled in accordance with the Bank’s complaints handling procedures, which are available on request from any Bank Branch or the Customer Care Centre. Where a notification regarding your complaint or any other matter is expected from the Bank but not received, you may make a further complaint within a reasonable time after non-receipt of such notification.
33.4 Applicable tariffs will be charged by your telephone and internet service provider(s) when communicating with the Contact Centre.
34 Disclosure of information, privacy, and data protection
34.1 Collection of information
We collect certain Personal Information for compliance with our legal and contractual obligations to you or to take steps to enter into an agreement with you without which we are legally obligated to deny you our services. Apart from the legal obligation mentioned above, we also need to collect your Personal Information for quality service delivery. Please note that although this is voluntary, without such information we may not be able to provide quality service. Personal data may include, but is not limited to, your name, address, occupation, contact details, information captured on security systems (including a recording of Your image on Closed Circuit Television (CCTV)), the information contained in any of your account(s) you may have with us either singly or jointly with any other person, the type of products and/or services that you have subscribed to with the us and such other necessary data regarding yourself and your transaction(s) with us;
34.2 Privacy
34.2.1 We acknowledges the importance of the protection and privacy of all information provided to us and warrant that, in dealing with data collected from you, we shall at all times strictly comply with Data Protection Legislations including the Kenya Data Protection Act 2019.
34.2.2 We shall collect your personal information with your knowledge and consent with exception to cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
We are committed to respecting and protecting the privacy of the information we collect from you. Our Privacy Statement, as updated from time to time, explains how we treat your Personal Information, who we share your information with, and measures taken protect your privacy when you use our services. This can be found on on our website at https://ke.kcbgroup.com/data-privacy-statement
34.3 Consent
34.4 You hereby explicitly and unambiguously consent:
34.4.1 To the collection, use and transfer of personal data, between the us and our affiliates for the purpose of effecting/implementing these Terms.
34.4.2 That we may hold and process, by computer or otherwise, any information obtained about you as a consequence of these terms and conditions and any Specific or Additional Terms
34.4.3 That we may at any time and from time to time at our sole discretion carry out credit checks with any of the licenced credit reference agencies on you;
34.4.4 That we may include personal data of yourself in our computer systems which may be accessed by other companies in our group for credit assessment, statistical analysis including behaviour and scoring and to identify products and services (including those supplied by third parties) which may be relevant to You;
34.4.5 That we may permit other companies within our group to use personal data and any other information we holds about you on our computer systems to bring to our attention products and services which may be of interest to you;
34.4.6 To our disclosure of any information relevant to you on terms that such recipient is to treat in confidence any personal information so disclosed to it and further agree that the we may disclose Personal Data relating to you to any relevant party outside the Bank whether such Personal Data is obtained after you cease to be our Customer or during the continuance of the Bank-Customer relationship or before such relationship was in contemplation:
34.4.6.1 To any person or organization providing electronic or other services to us, for the purpose of providing, updating, maintaining, and upgrading the services (including any investigation of discrepancies, errors or claims);
34.4.6.2 To any person or organization engaged for the purpose of performance of services or operational functions where these have been outsourced;
34.4.6.3 For fraud prevention purposes;
34.4.6.4 To debt collection agencies, credit reference agents or any other financial institution, only for credit information on you and you agree that such information may be used by other financial institutions in assessing credit applications and for debt tracing;
34.4.6.5 To the Bank’s lawyers, valuers, surveyors, research agencies, insurers, auditors, software developers, professional advisors, sub-contractors or any persons acting as agents of KCB, to the extent that they comply with its contractual obligations;
34.4.6.6 To any person who may assume KCB’s rights within the confines of the law;
34.4.6.7 To credit card companies and financial institutions in connection with credit card enquiries or use of the ATM card;
34.4.6.8 Providing income tax-related information to tax authorities;
34.4.6.9 To any regulatory, fiscal or supervisory authority, any local or international law enforcement agencies, governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities and law enforcement agencies where demand for any Personal Data and/or information is within the law;
34.4.6.10 To any person who stands as guarantor or surety for your Liability or is jointly or jointly and severally liable with you;
34.4.6.11 To any receiver appointed by us;
34.4.6.12 To any rating agency, business alliance partner, insurance company, insurer, insurance broker or direct or indirect provider of credit protection;
34.4.6.13 To any, court or other judicial bodies in any judicial proceeding, tribunal, statutory body, or authority (including any tax authorities in any jurisdiction), whether governmental or quasi-governmental;
34.4.6.14 To any person whom KCB are required to disclose to under the laws, regulations, guidelines, directives or by any lawful authority, of any country.
34.4.6.15 For purposes of exercising any power, remedy, right, authority or discretion relevant to these terms following the occurrence of an Event of Default, to any other person or third party as well;
34.4.6.16 Where KCB has a public duty to disclose; and
34.4.6.17 In accordance with KCB’s Privacy Statement.
34.5 You acknowledge and agree that, notwithstanding the terms of any other agreement between us, our disclosure of information relevant to you in the circumstances contemplated in this clause does not violate any duty owed to you either in common law pursuant to any agreement between us or in the ordinary course of banking business and the customs, usage and practice related thereto and further that the disclosure as aforesaid may be made without reference to or further authority from you and without inquiry by the Bank as the justification or validity of such disclosure.
34.6 You acknowledge that we may retain Personal Data for a period of up to seven (7) years or as may be required by law or regulation.
34.7 You acknowledge that from time-to-time we may need to transfer Personal Data outside the country where you are located, to facilitate a service or to a third-party domiciled outside Kenya for performance of a contractual obligation.
34.8 You acknowledge and agree that you understand rights as data subject and may make a written request to access your Personal Data in our custody in a portable format, correct or delete false or misleading information, restrict or object to the processing of all or part of their Personal Data and withdraw consent at any time.
34.9 Some of our decisions are automated, based on information we hold about you. If you would like us to review a decision made about you (whether or not automated), you are required to inform us within 21 days of being notified of the decision.
You can contact us at any time in relation to the use, access, rectification, restriction of your Personal Data through any of the available Contact Centre channels which include telephone 0711 087000 or 0732 187000, SMS: 22522 or by writing an email to: contactcentre@kcbgroup.com
34.11 You may withdraw your consent to receive electronic communications through our Contact Centre. Once consent is withdrawn, no further access to our products or services will be allowed, and any pending loan application shall be considered cancelled. The withdrawal of your consent will not affect the legal validity and enforceability of existing loans, or any electronic communications provided or business transacted prior to the withdrawal of your consent.
VIII GENERAL
35 Waiver
No failure or delay by us in enforcing or requiring compliance by you with any provisions in these conditions will impair or operate as a waiver of any of our rights or any such provisions nor will it constitute a novation hereof.
36 Changing these Terms of Use
36.1 We may change the terms of this agreement (including our charges) at any time by telling you about the changes in accordance with the applicable laws and regulations.
36.2 We may at any time suspend the operation of any banking service but we will promptly give you notice if we do so. We may vary the times at which any banking service is available and add to, vary or withdraw any features of any banking service. We will give you reasonable notice of any changes. We will use our reasonable endeavours, consistent with good banking practice, to ensure that if the change is material the notice period we give you is sufficient to ensure that you have an opportunity to withdraw from the service before the change takes place. Unless we tell you otherwise, notice will be given in writing or by publication in the national press or through posters and fliers in our branches or publication in the relevant sections of our mobile and internet banking applications.
36.3 Upon reasonable notice, we may give you a new account number and/or transfer your account to another branch if we close or combine branches.
37 Dispute Resolution, Jurisdiction and Arbitration
37.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya
37.2 You may contact us through the Contact Centre to report any disputes, claims or discrepancies regarding any of our products or services or any experience you have with us.
37.3 Any dispute arising out of or in connection with these Terms that are not resolved by our Contact Centre representatives, shall, if not settled by negotiation, be subject to mediation before an independent mediator, whose selection we shall agree on.
37.4 Nothing in this paragraph shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking or proceedings at one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.
KCB Bank Kenya Limited is Regulated by the Central Bank of Kenya
