Terms & Conditions

MAFUNDI WA KENYA ASSOCIATION (MWAKA) MEMBERSHIP TERMS & CONDITIONS

For ease of expression, this document is referred to as the “Agreement”, Emerging Payments Ventures Limited trading as MWAKA, registered in Nairobi, Kenya whose registered address is: KMA Center Block D 3.3, Mara Road, Upper Hill, Nairobi referred to as “MWAKA”, the recipient of the Membership is referred to as the “Member” and the services and deliverables detailed in this document to be provided to the Member are referred to as the “Membership”.

1. Membership Overview

1.1 MWAKA and the Member acknowledge that the success of the Membership is the joint responsibility of both parties.
1.2 MWAKA and the Member recognize they must both use reasonable endeavors to fulfil the expected commitments outlined in this Agreement.
1.3 MWAKA is committed to providing quality services for its Members and shall:
1.3.1 establish, make available and support programmes of education, training and qualifications with recognized standards of achievement to support the personal development and social protection of Members;
1.3.2 undertake, promote and make available research and developments in the building and construction industry;
1.3.3 provide access to internal and external discounted member benefits, and concessions subject to the relevant terms and conditions; and
1.3.4 establish, develop and maintain links with other bodies and organizations (governmental and industry) at local, national and international level; including the provision of networking and online communities and discussion forums.
1.4 MWAKA Events:
1.4.1 All events that require payment outside of your Membership must be paid in full prior to attending.
1.4.2 If no agreement is in place and the full amount is not paid prior to the event, then you could be refused entry.
1.4.3 Any event cancellations made less than 7 working days prior to an event will not be refunded.
1.4.4 MWAKA reserves the right to cancel any event without notice and without reason, therefore any monies paid will be refunded in full.
1.4.5 MWAKA shall comply with its data protection obligations to individual members and individuals named as contact points by member organizations as set out in its MWAKA Privacy Policy set out below.

2. Payment & Taxes

2.1 The Membership will be based on an order detailing level of membership and additional options selected. It will be provided by MWAKA and will come into effect when the order has been executed by the Member and returned to MWAKA and will continue as set out in clause 3 below.
2.2 The Member agrees to pay an invoice raised by MWAKA for the amount agreed in the order within 30 days of the date of issue of the invoice. If the invoice is not paid in full within 30 days of the date of issue, MWAKA may suspend Membership to the Member until the invoice has been paid in full. Payments Association will not issue a refund or extend the Membership period to cover any time that has been lost due to late payment of the invoice.
2.3 The Member shall pay for all taxes incurred in connection with the Membership including value-added, sales, use, excise, services, consumption, withholding and other taxes and duties assessed on the provision of services and deliverables by MWAKA to the Member in relation to the Membership and on any goods or services used or consumed by either party in connection with the Membership.
2.4 In the event that any payments received by MWAKA in connection with the Membership are subjected to or reduced by any taxes required to be withheld by the Member, the payments shall be grossed up so as to result in MWAKA’s receipt of an amount equal to that which would have been received by MWAKA but for the said taxes.
2.5 The Member agrees to indemnify and hold MWAKA harmless from any deficiency (including penalties and interest) relating to taxes which are the responsibility of the Member under this Agreement and reimburse MWAKA for all accounting and legal fees and expenses incurred in connection with an assessment of such a deficiency.

3. Term

3.1 Membership commences on the date set out in the Order and shall continue thereafter unless terminated under clause 4 below.
3.2 The Member will be entitled to all MWAKA benefits during the term of their Membership
3.3 The initial Membership period and fees are as set out in the Order. Membership fees will be payable annually after the end of the initial Membership period.
3.4 MWAKA will send a notification with any annual fee increases clearly indicated approximately 60 days before the end of each Membership period. An invoice for such Membership fees will be issued 30 days thereafter.

4. Termination

4.1 A Member may terminate his or her membership by providing 28 days’ notice to MWAKA subject to clause 4.2 and 4.3 below.
4.2 A Member shall cease to be a Member:
4.2.1 on the expiry of 28 days’ notice to MWAKA of his or her resignation as a Member;
4.2.2 if any subscription or other sum payable by the Member to MWAKA is not paid by the due date and remains unpaid 28 days after notice has been served on the Member by MWAKA informing the Member that membership may be terminated if it is not paid; and
4.2.3 If MWAKA Association resolves that the Member be terminated. Such a resolution shall not be passed unless the Member has been given not less than 14 days’ notice of the fact that the resolution is to be proposed, specifying the misconduct or circumstances alleged to justify expulsion, and has been afforded a reasonable opportunity of being heard by or of making written representations to MWAKA Association;
4.2.4 pursuant to clause 7 below;
4.2.5 the Member is declared or acknowledges that it is insolvent or otherwise unable to pay its debts as they become due or upon the filing of any proceeding (whether voluntary or involuntary) for bankruptcy, insolvency or relief from its creditors;
4.3 Any Member who ceases to be a Member in accordance with this clause 4 shall not receive any rebate of fees for the membership year during which such termination takes place.

5. Confidentiality

5.1 This Agreement, is the confidential property of MWAKA. The Member agrees that no part of it shall be disclosed to any third party without the prior written consent of MWAKA or used for purposes other than the Membership.
5.2 The Member and MWAKA each agree to keep confidential and not to disclose to any third party any information (excluding information which is or becomes public knowledge other than as a result of the default of the recipient) relating to the business or trade secrets of the other (“Confidential Information”), or to make use of any such Confidential Information for any purpose other than in connection with the Membership and its Features or as required by law

6. Remedies and Liabilities

6.1 MWAKA aims to provide all Members with a high level of service and to deliver the benefits and privileges of Membership. However, there may be times when, for whatever reason, the service provided does not meet Members’ expectations. Should this occur, in the first instance we encourage Members to contact their relationship manager at MWAKA to discuss the matter and to give MWAKA the opportunity to investigate and assess the complaint.
6.2 The Member agrees to give MWAKA a reasonable opportunity to remedy any failure or shortcoming in the provision by MWAKA of the services or deliverables comprised in the Membership to the Member. MWAKA undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably practicable after any such failure or shortcoming is identified and reported to it by the Member in writing.
6.3 In respect of any liability which is not within the scope of paragraph 6.4, MWAKA’s total liability under or in connection with the Order (whether in contract, tort (including negligence) or otherwise) shall not exceed in aggregate the total fees received by MWAKA in respect of the Membership in the current Membership period.
6.4 MWAKA will not be liable (whether in contract, tort (including negligence) or otherwise) for any loss of production, loss of or corruption to software or data, loss of profits or of contracts, loss of business or of revenues, loss of operation time, loss of goodwill or reputation, whether caused directly or indirectly, or for any indirect, incidental, punitive or consequential loss, damage, cost or expense whatsoever.
6.5 MWAKA will not be liable for any loss, damage, cost or expense whatsoever and howsoever caused arising from any fraudulent or unauthorized act or statement, misrepresentation or default on the part of the Member, its directors, employees, agents and other contractors.
6.6 the express obligations and warranties made by MWAKA in this Agreement are in place of and to the exclusion (to the fullest extent permitted by law) of any other warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise, including (without limitation) as to the condition, performance, fitness for purpose or satisfactory quality of the Membership or any part thereof.
6.7 This paragraph 6 survives the termination of the Agreement for any reason.

7. Intellectual Property Rights

7.1 MWAKA are the owner of all intellectual property rights in our website, and in all the material, advice documents, templates published on it or delivered to Members in any format. Those works are protected by copyright laws. All such rights are reserved.
7.2 Provided you are a MWAKA Member, you may use, copy and print any pages from our website or other materials delivered to you from MWAKA for any reasonable purpose.
7.3 You must not use any part of such materials for commercial purposes without obtaining a written consent to do so from us.
7.4 If you breach these terms of use, your Membership will cease immediately and you must, at our option, return or destroy any copies of such materials you have made.

8. Force Majeure

Neither MWAKA nor the Member will be liable for any delay in performing or failure to perform their obligations if such failure or delay is as a result of causes outside the reasonable control of the responsible party.

9. Third Party Right

Nothing in this Agreement is intended to confer any benefit on any third party (whether referred to herein by name, class, and description or otherwise) or any right to enforce a term this Agreement.

10. Entire Agreement, Variations and Assignments

10.1 This Agreement constitutes the entire agreement between the Member and MWAKA relating to the Membership and supersedes all previous communications, representations and arrangements, written or oral, except in respect of any fraudulent misrepresentation made by either party. The Member acknowledges that no reliance is placed on any representation made but not embodied in this Agreement.
10.2 No variation by the Member will be effective unless in writing and signed by authorized representatives of both parties. MWAKA Association shall be entitled to vary the terms of this Agreement on one week’s notice to the Member, such notice can be sent to the Member on the email set out in the Order or such other email as the Member notifies us from time to time. The revised terms and conditions forming the Agreement will be set out on our website and will take effect from the date stated on them whether or not the Member received MWAKA’s email notifying them of the variation. The Member is advised to check the MWAKA website from time to time for any variations of the terms and conditions.
10.3 In the event of any conflict between the terms of this Agreement and any other document, the terms of this Agreement shall prevail.
10.4 No waiver or any breach of any of this Agreement shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.
10.5 We may assign, transfer or novate this Agreement and the rights and obligations under it to any other party at any time and shall inform You thereof in writing within a reasonable time thereafter.

11. Applicable Law

This Agreement will be governed by and construed in accordance with the laws of Kenya and will be subject to the non-exclusive jurisdiction of the Courts of Kenya.

MWAKA Privacy Policy

• What information do we collect about your business?
MWAKA collects personal information about the persons listed in your application (and you personally if it is a personal application) when you complete an application for membership or access one of our services.
• How will we use the information about you?
Personal information you provide to MWAKA will be used for the purposes of administering your membership and will be retained as evidence to comply with audit or legislative requirements.
MWAKA will share your information with trusted partners who are delivering membership services on MWAKA’s behalf, including the sponsors / curators of any whitepapers, webinars, events etc. that are provided as part of your membership services.
• Marketing
MWAKA would like to contact you to keep you informed on the latest member news, events, services, and surveys. We may also contact you about Membership products and services which may be of interest to you and your business.
You can unsubscribe from our marketing communications at any time, please email … if you no longer wish to be contacted.
• Access to your information and correction
You have the right to request a copy of the information that we hold about you. We also want to make sure that your personal information is accurate and up to date. If you would like a copy of some or all of your personal information and to ask us to correct or remove information that you think is inaccurate, please email .......... or reach us on the numbers +254722152208, +254722437504.

How long do we keep your data?

MWAKA will retain your personal information for the duration of your Membership and up to a maximum of 2 years thereafter. Non-member data will be retained for up to a maximum of 2 years from the date of collection. All financial data is retained for 6 years.
• Other Websites
Our website contains links to other websites. This privacy policy only applies to MWAKA and the MWAKA website: ….. so when you link to other websites you should read their own privacy policies.
• Changes to our Privacy Policy
We keep our privacy policy under regular review. Any updates will be placed on MWAKA website (above). This privacy policy will be updated on an annual basis.