This privacy policy was last updated on 8 th March 2022. 2.11 "filing system" means any structured set of personal data which is readily accessible by reference to a data subject or according to speci fic criteria, whether centralised, decentralised or dispersed on a functional or geographical basis; 2.12 "identifiable natural person" means a person who can be identified directly or indirectly, 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 or social identity; 2.13 "personal data" means any information relating to an identified or identifiable natural person; 2.14 "personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; 2.15 "processing" means any operation or sets of operations which is performed on personal data or on sets of personal data whether or not by automated means, such as (a) collection, recording, organisation, structuring; (b) storage, adaptation or alteration; (c) retrieval, consultation or use; (d) disclosure by transmission, dissemination, or otherwise making available; or (e) alignment or combination, restriction, erasure or destruction. 2.16 "profiling" means any form of automated processing of personal data consi sting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s race, sex, pregnancy, marital status, health status, ethnic social origin, col our, age, disability, religion, conscience, belief, culture, dress, language or birth; personal preferences, interests, behaviour, location or movements; 2.17 "pseudonymisation " means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, and such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person; 2.18 "restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future; 2.19 "sensitive personal data" means data revealing the 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, pare nts, spouse or spouses, sex or the sexual orientation of the data subject; and 2.20 "third Party" means natural or legal person, public authority, agency or other body, other than the data subject, data controller, data processor or persons who, under the dire ct authority of the data controller or data processor, are authorised to process personal data. 3. What is personal information? 3.1. When you use Power Marketplace on your mobile, we may collect your personal information to provide you with Power Marketplace services and to verify your activity for security purposes. 3.2. Power™ has a general duty of confidentiality towards you, except in the following circumstances: ▪ where disclosure is compelled by a relevant regulation or law; ▪ where disclosure is made with your express or implied consent . 3.3. Personal information includes any information about an identified individual or an individual who can be reasonably identified from that information.
This privacy policy was last updated on 8 th March 2022. 3.4. The information will still be personal informat ion whether it is true or not and regardless of whether we have kept a record of it. Some examples of personal information may include your: ▪ name; ▪ mailing or residential address details; ▪ contact details such as telephone numbers, email address, social media platform user name; ▪ government issued identifiers such as National ID, Alien Card, Passport or KRA PIN; ▪ bank account and Mobile Money account details; ▪ credit history, credit capacity, ability to be provided with credit or credit worthiness; ▪ photog raph, video or audio recording; and ▪ sensitive information such as information relating to your health, biometric data. ▪ your location 4. Technical and other information. 4.1. We may also collect technical information to help us detect security threats and for fraud analysis and prevention. Such technical information may include information about your device or computer such as operating system version, how your device or comput er connects to our services, and your web browser settings . 4.2. This information may also be used or stored in combination with your personal information for these purposes, including to enable us to contact you if we detect a security threat. 5. Use and Disclosure. 5.1. We may use your information to comply with legislative or regulatory requirements in any jurisdiction, prevent fraud, crime or other activity that may cause harm in relation to our products or services and help us run our business. 5.2. Based on yo ur express or implied consent we may also disclose your personal information to anyone we engage to do something on our behalf, and other organisations that assist us with our business. 5.3. As a provider of financial services, we have legal obligations to disc lose some personal information to government agencies and regulators or agencies authorized by within applicable laws and regulations. e.g. Licensed Credit Bureaus 6. What kinds of personal information do we collect and hold? 6.1. The personal information that we collect about you will depend on the products or services that you apply for, or enquire about. 6.2. If you do not allow us to collect all of the personal information we reasonably request, we may not be able to deliver those products or services to you. 6.3. T hroughout the life of your product or service, we may also collect and hold additional personal information about you. 6.3.1 This could include transaction information or making a record of queries or complaints you make and, if you make an insurance claim, col lecting additional information to assess the claim. 6.4. Our collection of ‘sensitive information’, personal information under Privacy Laws, is further restricted to circumstances where we have obtained your express consent and to certain other permitted situa tions. 6.5. Generally, we will only collect this information if it is reasonably necessary to provide you with a specific product or service and you expressly consent to our collection. 6.6. W hen we collect information we will disclose the specific purpose for whi ch we use, request and store your personal information.
This privacy policy was last updated on 8 th March 2022. 6.7. We will also keep a record of that personal information and the purpose for which we collected it. 6.8. We will not use your personal information for any other purpose , o ther than which we disclosed to you unless you provide your express consent or unless we are permitted to do so by law. For example, we may collect voice biometric information to verify your identity or authorise transactions. 6.9. When you use Power Marketplace on your Mobile Device, we may also collect, store and retain information from your device, including your device ID, your location information and information about apps installed on your device to verify that you are using a trusted device, your use of the Power Marketplace App including transactions, or to monitor your device for security purposes. 6.10. Location information is also used to customize the look and feel of the Power Marketplace App. 6.11. To access some services within t his App, we may need to request access to certain features on your device. 6.11.1 We will always ask for your permission before we access anything stored on your device. 6.11.2 If you do not provide us permission, we may not be able to provide the service you requested . 6.11.3 We may access a range of features on your Mobile Device but we do not store or retain this information including: ▪ information about the device used such as device IDs; and ▪ IP addresses. Your IP Address is a number that is automatically assigned to the d evice that you are using by your Internet Service Provider (ISP). ▪ contact information stored on your device to make a payment or to send a payment notification (e.g. a phone number) : ▪ your Camera for Liveness identity verification : we will request your pe rmission to access camera, media and location to complete the Identity verification process. Identity verification increases your affordability and access to services provided by Power™ . ▪ Credit Status Verification : we will request your permission to acc ess to your Contacts, Media and calendar to determine your credit eligibility . o Contacts o Total number of contact • Contacts added in last week or last month • Frequency of adding a contact Note: We do not read or save your contact names or numbers o Media • Total no of media • Average size of media Note: We do not save the pictures or videos in your mobile device. o Calendar • number of events or meetings in your calendar. Note: Power™ does not access the list of participants or the content of the meeting or events including pictures or videos on your mobile device. 6.12. We may also collect general statistics in relation to your activity.
This privacy policy was last updated on 8 th March 2022. 6.12.1 This data is made anonymous and used to improve you r experience on this App and our Products and Services. 6.13. We collect information using cookies when you use our websites, or mobile application. Cookies are small pieces of information stored on your hard drive or in memory. 6.13.1 One of the reasons for using coo kies is to offer you increased security. 6.13.2 They can also record information about your visit to our website, allowing us to remember you the next time you visit and provide a more meaningful experience. 6.14. We may also collect information from third party websites, applications or platforms containing our interactive content or that interface with our own websites and applications. 7. How do we collect personal information? 7.1. We collect most personal information directly from you whether in person, on the phone or electronically, for example when you inte ract with FEL to: ▪ apply for, register your interest in, or enquire about a product or service; ▪ provide us with feedback or make a complaint; ▪ visit our websites, or use our mobile application; and ▪ talk to us, or do business with us. 7.2. From time to time w e collect personal information about you from third parties or organisations. 7.3. This may arise in circumstances where you have given your consent to do so, such as when you apply for credit or an insurance product For example, we may collect personal infor mation about you from: ▪ publicly available sources of information, such as public registers; ▪ your nominated representatives; ▪ your employer (for example, where you utilize Pay services; ▪ other organisations , who jointly with us, provide products or services to you or with whom we partner to provide products or services to you; ▪ service providers, such as companies that provide fraud prevention reports; ▪ insurers, lenders mortgage insurers, re – insurers and he alth care providers; and ▪ credit reporting bodies. 8. For what purposes do we collect, hold, use and disclose personal information? 8.1. The main reason we collect, use, hold and disclose personal information is to provide you with products and services (includi ng where applicable, third party products and services) and to help us run our business. This includes: ▪ checking whether you are eligible for the product or service; ▪ assisting you where online applications are not completed; ▪ providing the product or se rvice; ▪ helping manage the product or service; ▪ helping us develop insights and conduct data analysis to improve the delivery of products, services, enhance our customer relationships and to effectively manage risks; ▪ understanding your interests and prefe rences so we can tailor digital content; and 8.2. We may also make your personal information anonymous which we have collected for the purposes described in this Privacy Policy. 8.3. As a result, this Privacy Policy will generally not apply to our use of anonymous information. However, we will continue to safeguard this anonymous information.
This privacy policy was last updated on 8 th March 2022. 8.4. Where we use anonymous information together with other information (including personal inform ation) and in doing so, we are able to identify you, that information will be treated as personal information in accordance with this Privacy Policy and applicable Privacy Laws. 8.5. We may use or disclose your information to comply with our legislative or reg ulatory requirements in any jurisdiction and to prevent fraud, criminal or other activity that may cause you, us or others harm including in relation to products or services. 9. How do we hold and protect your personal information? 9.1. Much of the information w e hold about you will be stored electronically. 9.2. We store some of your information in secure data centres and with our contracted service providers (including cloud storage providers), and some of these data centres may be located outside Kenya. 9.3. We use a range of physical, electronic and other security measures to protect the security, confidentiality and integrity of the personal information we hold. For example: ▪ access to our information systems is controlled through identity and access management cont rols; ▪ employees and our contracted service providers are bound by internal information security policies and are required to keep information secure; ▪ all employees are required to complete training about privacy and information security; and ▪ we regularl y monitor and review our compliance with internal policies and industry best practice. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. 9.4. If you have reason to believe that your interaction wi th us is no longer secure for example, if you feel that the security of any account you have with us has been compromised, please immediately contact us. 10. Who do we disclose your personal data to, and why ? 10.1. We may share your personal data with our partners and third parties , including outsourced data processing undertaken on our behalf (some of which are located outside of Kenya), that we engage to provide products and service s to you . 10.2. We information is shared, we require our service providers to keep such information under strict privacy regulations and prohibit them from disclosing such information to anyone for any other purpose 10.3. We do not share or disclose any non – public personal inf ormation about you to any other companies except as permitted by or required by law or for the purpose of marketing their products to you 10.4. By accepting these terms and conditions you are providing your explicit consent to share your information to these t hird party partners , some of which may be outside your local jurisdiction, if necessary for legitimate business purposes as defined in this policy. 10.5. As a digital credit provider we shall disclose any positive or negative information of yours to credit ref erence bureaus licensed and approved by Central Bank of Kenya . 10.6. By clicking and consenting to complete registration to the Power Marketplace you are providing your explicit consent to submission of positive & negative information for a Power™ to Pay, Borro w or Protect transaction . 10.7. To protect personal information, we enter into contracts with our service providers and other third parties that require them to comply with applicable Privacy Laws and and standards relating to data protection and information sec urity.
This privacy policy was last updated on 8 th March 2022. 10.8. These contracts, amongst other things, require our service providers to only use the personal information we disclose to them for the specific role we ask them to perform. 10.9. Generally, we use contracted service providers to help us in our business a ctivities. For example, they may help us provide you with products and services, provide us with insurance, deliver technology or other support for our business systems, refer us to new customers, or assist us with marketing and data analysis. These organ isations may include: ▪ our agents, contractors and contracted service providers (for example, mailing houses, technology service providers and cloud storage providers); ▪ authorised representatives and credit representatives who sell or arrange products and services on our behalf; ▪ insurers, and health care providers; ▪ payment systems operators (for example, merchants receiving card payments); ▪ other organisations , who jointly with us, provide products or services to you, or with whom we partner to provide products and services to you; ▪ other financial services organisations, including banks, CMA custodians, and contracted service providers; ▪ debt collectors; ▪ prof essional advisors such as our financial advisers, legal advisers and auditors; ▪ fraud bureaus or other organisations to identify, investigate or prevent fraud or other misconduct; ▪ regulatory bodies, government agencies and law enforcement bodies in any ju risdiction; and ▪ credit reporting bodies : ▪ where we are required or authorised by law or where we have a public duty to do so; ▪ you may have expressly consented to the disclosure or your consent may be reasonably inferred from the circumstances; or ▪ we are otherwise permitted to disclose the information under applicable Privacy Laws. 11. Third Party Information 11.1. Power™ reserves the right to share aggregate loan and account information with third parties. 11.1.1 Customer Consent: ▪ In connection with your Power™ to Pay a nd/or maintaining a Power™ to Borrow credit facility with Power™ , you authorise Power™ to carry out credit checks with , or obtain your credit information from a credit reference bureau. In the event of the account going into default, you consent to your na me, transaction and default details being forwarded to a credit reference bureau as defined in the Digital Credit Provider Regulations 2021, and / or as amended. ▪ You acknowledge that this information may be used by banking institutions and other credit grantors in assessing any application for credit submitted by you . 11.1.2 Disclosure of information: ▪ You agree that Power™ may disclose details relating to your account to an y third – party including credit reference bureaus, where disclosure requirements are as defined in the Digital Credit Provider Regulations 2021, and or as amended for the purposes of evaluating creditworthiness or any transaction with or credit application made with the Lender or for any other lawful purpose. ▪ ii . You agree that the Lender may disclose details relating to your account including details of your default in servicing financial obligations on your account to any third party including credit refer ence bureaus for the purpose of evaluating your credit worthiness or for any other lawful purpose.
This privacy policy was last updated on 8 th March 2022. 12. Our Data Security 12.1. We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauth orised way. 12.2. The following security procedures, and technical and organisational measures to safeguard your personal information have been put in place: ▪ In cases where personal data is being processed in third countries or third parties, a rigorous data pro tection impact assessment is being performed to ensure that your data is always secured. ▪ Our application platform is hosted in ISO 27001 certified secure data centres. ▪ Firewalls, intrusion detection and prevention, anti – virus and anti – malware and backup an d disaster recovery is in place to prevent data loss or deletion. ▪ Our applications are engineered by following industry standards to minimise security vulnerabilities and updates on a regular basis. ▪ Intrusion detection and prevention secures the network traffic to the servers and applications. ▪ Anti – malware and anti – virus software is deployed to all of our servers and regularly scan and update with the latest anti – malware and virus signatures. ▪ We regularly apply critical, security patches and firmw are updates to operating systems and physical hardware to minimise the risk of vulnerabilities ▪ Our employees undergo background screening and selection processes, with a restricted list of employees having access to secure areas of the applications, databa ses and physical infrastructure. A ccess to the secure areas are logged and auditable. ▪ We will use all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this r eason we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet. ▪ We limit access to your personal information to those who have a genuine business need to know it. Those processing yo ur information will do so only in an authorised manner and are subject to a duty of confidentiality. 13. Breach Notification 13.1. In the event of a data security breach being identified we will Notify the Data Commissioner within seventy – two hours of becoming aware of a breach and to the data subject in writing within a reasonably practical period. 14. Your Data 14.1 Data Retention ▪ We keep most of your personal data for as long as your account is active. We re tain the personal data you provide while your account is in existence or as needed to provide you with our services in line with data retention laws and regulations applicable in your local jurisdiction. 14.2 Rights to Access and Control Your Personal Data ▪ You can access your personal data from our services when you follow our procedures on data subject requests. You can always modify or update your personal data using the applicable menus in the app. ▪ When you wish to deactivate yourself from this mobile app, yo u are required to send a request to us and we shall contact you to validate the request for processing.
This privacy policy was last updated on 8 th March 2022. ▪ A de – activated account may still have transactional history kept on our systems in accordance with applicable financial laws and data retention regulat ions or policies in your local jurisdiction . 14.3 Account Closure ▪ We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security and prevent fraud.
P ower Marketplace General Terms & Conditions These Terms and Conditions apply to your access and use of Power™ s ervices . 1. Agreement 1.1. This document sets out the terms and Conditions for Power Marketplace provided by Power™ , which refers to our online service that lets you (the Customer) check information about Accounts, and tell us to perform transactions using those Accounts. 1.2. T he operation of each of those Accounts including services on the Accounts is controlled by the terms and conditions defined b elow for operation of the Power Marketplace App and Account s and services you access through the Power Marketplace . 1.3. Interpretation 1.3.1 In addition to the ‘Meaning of Words’ at the end of this document , unless the context requires otherwise: the singular shall include the plural and vice versa; 1.3.2 A reference to any one gender, whether masculine, feminine or neuter, includes the other two. 1.3.3 All the headings and sub – headings in this Agreement are for convenience only and are not to be taken into account for the purpo ses of interpretation of this Agreement. 1.3.4 The recitals and schedules shall be deemed to form part of this Agreement. 1.3.5 There are words used in these Terms and Conditions that have special meanings, which can be found at the end of this document in the section ‘Meaning of Words’. 1.4. ACCEPTANCE OF TERMS AND CONDITIONS 1.4.1 Please read this document carefully. Your access, clicking on the check box confirming you have read the Privacy Policy and Terms and Conditions and use of Power Marketplace signifies your acceptance to be bound by these Terms and Conditions. 1.4.2 The information in this document is subject to change. We may amend or vary these Terms and Conditions and we will provide updated information by giving you notice (if required) via the Power Marketplac e and or by posting the information on our website time and the continued use of the Services constitutes your agreement to be bound by the terms of any amendment or variation. . 1.4.3 From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Power Marketplace Services until you have downloaded latest version of the App and or accepted any new terms and conditions. 1.4.4 By using the Power Marketplace and available Services, you consent to us collecting and using technical information about your Equipment , software, hardware to improve our product and services we provide to you . 1.4.5 If you use credit Services, you consent to us and our affiliates’ and licensees’ transmi ssion, collection, retention, maintenance, processing and use of your data to determine our credit scor e or to improve our Services we provide to you . The financial products and services set out in this document are provided to you by: Frictionless Enterp rises Limited (FEL) , which includes its successors – in – title, legal representatives and assigns, her einafter referred to as “Power™ Address : DM HOUSE , MENELIK ROAD , KILIMANI, NAIROBI, WESTLANDS DISTRICT , KENYA Regulated by / or License #: PVT – 5JUD6A7
2 P ower Marketplace Terms and Conditions. 2.1. Your use of the Power Marketplace is to be in accordance with these Terms and Conditions. 2.2. These Terms and Conditions are separate from and do not affect the Terms and Conditions applicable to any Pay , Save or Loan Account accessed by Power Marketplace digital interface platform and menu system 2.3. Features and benefits of the Power Marketplace We want to make all the details about your Power™ experience clear and easy to understand. This document gives you the information you need to use the Power Marketplace in the right way, so you can get the best value and keep fees to a minimum. You can us e the Power Marketplace to access a range of financial services including: Get a better picture of your financial wellness options Power™ automatically qualifies you to access earned wages, save future, enroll and receive financing for insuranc e, and qualify for longer term loans Link your income to consolidate your earnings and access custom offers A single dashboard to track income, expenses, loans, and improve your financial wellbeing. ▪ See all Accounts ▪ Check available f unds and Account balances ▪ View eligible account statements ▪ Receive notifications, alerts about the status of transactions, progress of loan applications and other important goals or events ▪ View your Scheduled payments ▪ View account information Make paym ents Access to earned wages to make payments or cash out ▪ Cashout [Mobile Money (MPESA), Bank], including RTGS / PESALink payments to accounts held at eligible Local financial institutions ▪ Send Money [Mobile Money (MPESA), Bank] ▪ Paybill [MPESA] ▪ Buy Goods [MPESA Till No.] ▪ Airtime [Safaricom, Airtel, Telkom] ▪ TV Subscription [Star Times, Zuku TV, Go TV] ▪ Internet [Zuku Fibre] ▪ Water Bill [Nairobi Water] ▪ Electricity Token [KPLC] ▪ Gift Vouchers / Coupons [Giftchain / Giftpesa] ▪ Make Payments from your Power Pocket [Wallet] Save Automated savings and investments from your earnings or own contributions. ▪ Create your pre ferred Savings Plan ▪ Automatically Transfer to your preferred Bank account or Cash Management account (CMA) ▪ Set personal goals. Workers can decide to save for goals that matter to them ▪ create a digital record so workers can use their savings to borrow a bigger loan in the future ▪ streamline their contributions and slowly build for the future Borrow Long term loans that are within your means and affordability. Access long term loans, in a fully digitized wa y. There is no more filling forms, waiting at branches, or long queues. ▪ Automatically qualify for loans and have the instalments deducted from earnings every month
▪ Simple, paperless lending – No forms – No queues – No payslips ne eded ▪ Borrow cash how they want, when they need it ▪ Multiple times faster than current processes and offerings in the market ▪ No hidden fees, no stories. What you see is what you get Protect Digital insurance subscriptions for heal th, funeral, and more. ▪ Protect against healthcare costs with coverage for the worker and their families ▪ Wide variety of hospitals and clinics included ▪ Workers can easily access insurance for medical, funeral, or other reasons. A completely digital process and financing provided, if needed 2.4. Fees and charges for Power Marketplace – Payments, Products and Services. 2.4.1 There are no establishment or ongoing fees for accessing the Power Marketplace. However fees and charges apply for the processing of some payments or products and services. 2.4.2 Each Account has a separate fee structure, and fees and charges. All applicable fees and charges will be displayed on the P ower Marketplace at the time of processing the transaction. 2.4.3 If any taxes and or third party charges are payable in connection with a payment, additional amount(s) equal to the applicable rate of tax and or third parties tariff will be displayed and charge d to your account as per your instructions. 2.4.4 Please also refer to the Account Terms and Conditions and for more information on our current fees and charges go to Power™ website for a complete tariff list https://yourp ower.io/ 2.5. Getting started. 2.5.1 You, as the owner of a Power Marketplace service must register to establish a Power Marketplace service in your name. 2.5.2 Y ou can register by downloading the Mobile application from Google Play Store . 2.5.3 To sign in to Power Marketplace for the first time, you will need a valid Mobile Number and email address and to receive a one – time Power Protect SMS Code and complete registration . 2.6. First sign in. 2.6.1 When you sign into Power Marketplace for the first time you’ll be required to set up a Password. For your security, we recommend that you choose a Password for Power Marketplace that is unrelated to any of your other online passwords or PIN s . Section s – Security and liability describe how you can protect your Access codes from unauthorised access . 2.6.2 Once you have sign ed into Power Marketplace for the first time you’ll also be required to: 2.6.2.1 Link your Income [if applicable] 2.6.2.2 Verify your identity by t ak ing a photograph of your identification document and selfie which will be used to complete verif ication of your identity 2.6.2.3 Set your Power PIN to be used for future transaction requests 2.6.2.4 Update your personal information to enable your access to the full functionality available on the Power Marketplace . 2.6.3 We will handle your personal information as set out in the Privacy Policy Statement https://yourpower.io/data – privacy/ 2.6.4 You must have satisfied identificati on requirements to enable Power™ to comply with Know Your Customer regulat ory requirements and for you to access the full functionality available on the Power Marketplace . 2.7. Electronic equipment. 2.7.1 The Power Marketplace offers a mobile application based service for approved Mobile devices. For more information on supported operating systems for Mobile devices, please go to https://yourpower.io/ 2.7.2 It’s your responsibility to ensure any electronic equipment required to us e the Power Marketplace is available to you, working properly, and that you know how to use it to access the Power Marketplace . 2.7.3 You must take all reasonable steps to protect the security of your electronic equipment, including ensuring that it doesn’t have any viruses or any form of program or mechan ism capable of recording your Access codes. 2.8. Notifications on your Mobile device
2.8.1 We may send notifications to your registered Mobile device (for example, ‘push’ notifications or notifications based on the location of your Mobile device). In order for us to do this, you must have notifications enabled on your Mobile device. 2.8.2 You can enable or disable Mobile notifications on your Mobile device at any time by changing the settings on your Mobile device. 2.8.3 Anyone who has access to your Mobile device (including if you len d your Mobile device to someone else or your Mobile device is lost or stolen) will be able to see your notifications. 2.8.4 Some notifications are ‘actionable’. This means that when you receive a notification, you can select i t in order to access more inform ation or perform an instruction. 2.8.5 In some instances, notifications may not reach your Mobile device due to the requirements or limitations of your device. Communica tions network or system o utages, or other factors beyond our control (such as your internet connection) may also delay or affect delivery and receipt of notifications. You may not be able to receive notifications if you have uninstalled your Mobile applica tion on your device, or if your device has been deregistered. 2.8.6 We may without notice to you, temporarily suspend or terminate our notifications service for any reason. 2.9. Our authority. 2.9.1 You authorise us to allow any transaction or act on any instructions r ece ived on an Account for which the correct Access codes have been provided, including one – time Power Protect SMS Codes where appropriate. 2.9.2 You acknowledge that subject to the sections on liability below, you’ll be liable for any misuse of the Power Marketplac e including transactions on the Accounts or any failure b y you to observe these Terms and Conditions . 2.10. Anti – Money Laundering and Counter – Terrorism Financing Obligations. 2.10.1 Please be advised that in order for us to meet our regulatory and compliance obligations there are controls and monitoring we perform. You should be aware and you agree that: 2.10.1.1 transactions may be delayed, blocked, frozen (which may include isolating funds and moving them into a separate account) or refused where we have reasonable g rounds to believe that they breach the applicable law or sanctions. Where transactions are delayed, blocked, frozen or refused, we and our payment intermediaries are not liable for any loss you suffer (including consequential loss) howsoever caused in conn ection with your use of Power Marketplace; 2.10.1.2 we may from time to time require additional information from you to assist us in the above compliance process; and you must provide that information; and 2.10.1.3 where legally obliged to do so, we will disclose the inform ation gathered to regulatory and/or law enforcement agencies, other banks, service providers or to other third parties. 2.10.2 You provide us with the following undertakings and indemnify us against any potential losses arising from any breach by you of such unde rtakings: 2.10.2.1 you will not initiate, engage in or effect a transaction that may be in breach of applicable law or sanctions, and 2.10.2.2 the underlying activity for which Power Marketplace is being provided does not breach any applicable law or sanctions. 2.11. Payments. 2.11.1 You may use Power Marketplace to make payments through a range of payment methods. 2.11.2 You are solely responsible for providing correct payment details including amount and payee details. We have no liability to you for any payment made in accorda nce with details provided by you. 2.11.3 Where you instruct us to make a Payment to another financial institutio n, we only verify that the financial institution is valid to ac cept payments. We do not verify that the account or mobile number is valid. 2.11.4 We do not verify that the account number or mobile number matches the account name for any Payments to any financial institution or Mobile Network Operator . 2.11.5 Payments are subject to applicable cut – off times on a Business Day or a non – Busin ess Day and the payment transfer may not be included in the balance of your or the recipients Account for other purposes (such as interest, fees or overdrawing calculations) until the next Business Day. 2.11.6 Effective date of the transfer will also be subject t o the applicable cut – off times and processing times of payment intermediaries [payment service providers], mobile network operators and or the receiving financial institution s .
2.11.7 This may be the case even if Power Marketplace shows a change in Account balanc es resulting from the instruction given. 2.11.8 We will endeavour to process all instructions initiated through Power Marketplace promptly but there may be delays that are caused by factors beyond our control. If you should reasonably be aware that there are tech nical problems affecting an instruction, our liability is limited to correcting any errors and refunding any fees that we have charged you. 2.12. Transfer Funds. 2.12.1 You may transfer funds to your nominated Savings or CMA Account , and the effective date of the tran sfer will also be subject to the applicable cut – off times and processing times of payment intermediaries [payment service providers], mobile network operators and or the receiving financial institutions. 2.13. Daily Payment Limits. 2.13.1 We may impose a maximum amount you may transfer from all the Accounts you can access using Power Marketplace per day, known as your Daily Payment Limit. 2.13.2 If you are an individual customer, the default Daily Payment Limit is K???? per day. You can request to change your Dai ly Payment Limit 2.13.3 What payment methods does the Daily Payment Limit apply? 2.13.3.1 The Daily Payment Limit covers the following payment methods: ▪ Pay Anyone payments ▪ Same day – RTGS payments ▪ Pay to Mobile payments 2.13.4 In addition to the Daily Payment Limit assigned to you, a daily limit may be applicable to certain payment methods for your security and the security of the Accounts . If the daily limit applicable to a payment method is exceeded, the payment won’t be processed on that day, whether or not you ha ve sufficient funds available in your Daily Payment Limit . 2.13.5 Changes to the Daily Payment Limit. 2.13.5.1 If a Daily Payment Limit is increased you should note that this increases your risk that an unauthorized person with knowledge of your Access codes may make larg er withdrawals on the Account(s). 2.13.5.2 We may lower your Daily Payment Limit where no Online Banki ng activity has occurred for an extended period (usually of 3 months or more). This is a security feat ure designed to reduce the risk of unauthorised transactions occurring on the Account(s) in Online Banking. We will give you notice when we do this in accordance with Part 4. We may not give you notice if we reduce the limit to restore security to Online Banking or individual Accounts as described in Part 4. 2.14. Importa nt note on Payments. 2.14.1 We can’t verify Account Details for Payments made to non – Westpac accounts or mobile Payments. If the receiving financial institution has an account with the Account Deta ils you enter, the Payment will usually be completed. 2.14.2 If the Account Details don’t match to an account, in most cases the Payment is returned to the Account by the receiving financial institution. You won’t be notified and the payment status in Power Marketplace won’t change. (That is, the returned amount is treated as a separate payment to the Account, and not a reversal of your original Payment transaction.) For this reason, please be careful when making Payments to third party accounts, and check the Account A ctivity lists regularly for any returned Payments. 2.14.3 If y ou make a Payment in error and it’s not returned automatically by the r eceiving financial institution, it may not be recoverable. For more information on the process for recovering a Mistaken Internet Payment refer to Section D. For other Payment methods, refer to t he Terms and Conditions for the Account. 2.15. Mistaken Payments. 2.15.1 You should report Mistaken Payments to us as soon as you become aware of them. You can report Mistaken Payments to us in Power Marketplace, or by calling Customer Support Centre. 2.15.2 We’ll give you a notification number or some other form of acknowledgment which you should retain as evidence of the date and time of your report. 2.15.3 How we deal with Mistaken Payments. 2.15.3.1 Mistaken Payments will be dealt with by us in;. 2.15.3.2 We may be the sending ins titution that is the institution whose customer made the payment or the receiving institution, that is the institution whose customer received the payment (this customer is the unintended
recipient of the payment). We will be the sending institution where the payment is made from your Power™ Account. We will be the receiving institution where the payment is made to your Power™ Account. 2.15.3.3 Where a financial institution or Mobile Network Operator other than us is the receiving or sending financial institution, we can’t guarantee that it’ll follow the same processes. We are not liable for any loss suffered through the application of their own internal processes. 2.15.3.4 Where the sending institution is not satisfied that a payment is a Mistaken Payment, it i s not required to take any further action, however it may choose to contact the unintended recipient and explain that a person has claimed that a transaction was mistaken. 2.15.3.5 Where you or another financial institution advises us that you are, or we think you may be, the sender or recipient of a Mistaken Payment, you must give us, as soon as reasonably practicable and within the time we request, any information we reasonably require to enable us to determine whether the payment was a Mistaken Payment. 2.15.4 Where suf ficient funds are available in the unintended recipient’s account. 2.15.4.1 Where the sending institution is satisfied that the Mistaken Payment occurred and there are sufficient credit funds available in the account of the unintended recipient to the value of the Mistaken Payment, the process that will apply will depend upon the financial institution or MNO internal processes including when the report of the mistaken transaction is made. 2.15.5 Where sufficient funds are not available. 2.15.5.1 Where both the sending and receiving institution are satisfied that a Mistaken Payment has occurred but there are not sufficient credit funds available in the account of the unintended recipient, the receiving institution will use reasonable endeavours to recover the fu nds from the unintended recipient. 2.15.6 Where you receive a Mistaken Payment. 2.15.6.1 Where: ▪ both we and the sending institution are satisfied that a payment made to your account is a Mistaken Payment; and ▪ sufficient credit funds are available in your account to the va lue of that payment; and ▪ we will, without your consent, deduct from your account an amount equal to that mistaken payment and send that amount to the financial institution of the payer in accordance with clause 6.11 or 6.14 above. 2.15.6.2 If there are insufficient funds in your account, you must co – operate with us to facilitate payment by you of an amount of the Mistaken Payment to the payer. 2.15.6.3 We can prevent you from withdrawing funds that are the subject of a Mistaken Payment where we are required to do so to meet our regulatory obligations. 2.15.7 Liability for losses arising from Mistaken Payments. 2.15.7.1 You must ensure that payment details are correct. You are solely responsible for providing correct payment details including amount and payee details. We will return to you an y funds recovered by us on your behalf from an unintended recipient in respect of a Mistaken Payment, but otherwise have no liability to you for any payment made in accordance with details provided by you including Mistaken Payments. 2.16. Receipts and records. 2.16.1 We’ll provide you with a payment ID – a unique transaction number – and a deposit receipt number each time you make a transaction. You should keep t his record in case you have any queries in relation to the transaction. 2.16.2 We’ll make available an el ectronic receipt of the details of any payment created in the Power Marketplace . 2.16.3 You should check your payment records and receipts carefully and promptly report any error to us by calling Customer Support . 2.17. A vailability. 2.17.1 Power Marketplace may be unavailable due to scheduled outages or due to factors beyond our control, such as your internet connection. 2.18. Statements. 2.18.1 You may request for statements of your Account using the Power Marketplace platform. 2.18.2 The default statement w ill provide details of the account balance and last five (5) transactions from your Account or a statement selected by date range up to a maximum of a 6 month period, with additional statement periods selected separately or such as may be determined by Pow er™ , data costs as per your provider apply.
2.19. Electronic communications for individual customers. 2.19.1 You may receive notices, documents and communications electronically for Accounts and insurance policy types, via Power Marketplace. 2.19.2 If you receive notices a nd communications we’ll send an email to your nominated email address (notification), advising that you have new documents available. It’s your responsibility to check your email regularly for these notificati ons and to access the documents promptly following our email. You must also keep your nominated email address current and let us know if you can’t access your email or Power Marketplace for any reason. 2.19.3 You will be able to print or download the documents provided electronically through Power Marketplace for up to 18 months. Once the documents are no longer available th rough Power Marketplace , they will continue to be available to you (for up to 7 years from their creation) by contacting us. 2.20. Suspension and termination. 2.20.1 You agree that you will not use Power Marketplace to transmit any con tent, including via any payment methods (for example, text in payment descriptions), that in our opinion: 2.20.1.1 includes inappropriate, crude or insulting language; 2.20.1.2 is defamatory or otherwise unlawful; and/or 2.20.1.3 promotes or is, harassing, abusive, intimidating or threatening, in cluding any threats of physical violence or mental harm, to any other person. 2.20.2 If, in our opinion, you do not comply with this clause we may ref use t o process a payment and/or suspend or terminate your use of Power Marketplace in accordance with clause 3. 1 7 . 3 . 2.20.3 We may suspend or terminate your use of Power Marketplace without giving you notice where we reasonably believe your access should be suspended or terminated. This includes where we believe that there is a risk of fraud or security breach, you do not comply with clause 14.1 above or where you have not accessed Power Marketplace for a period of 6 months or more. 2.21. Security. 2.21.1 Power PIN 2.21.1.1 Power PIN is the key to authorizing transactions on your Account s . They allow anybody u sing them to conduct operations on the Account. Because of this you must take special care to protect them. 2.21.1.2 You must ensure that your Power PIN is kept secure. The requi rements for protecting your Power PIN is set out in clause 4 below. 2.21.1.3 You must not disclose your Power PIN to anyone, including us, in the course of using Power Marketplace Platform . 2.21.1.4 If you enter your Power PIN incorrectly 3 consecutive ti mes, your access to the Power Marketplace may be suspended and you won’t have access to the Power Marketplace digital interface platform and menu system . If this occurs, please call the Power Customer Centre to reactivate your Power Marketplace access. 2.21.2 Sig n in using Passwords, Mobile passcodes and biometric information. 2.21.2.1 When you register for the Power Marketplace you’ll sign in using your mobile number and be provided with a Power Protect SMS Code to validate your mobile phone number. 2.21.2.2 You must then set a Password to allow you to access the Power Marketplace on each sign in. 2.21.2.3 It is very important that your Password remains secure. Ways to achieve this include choosing a Password that nobody could guess, not using one that includes you r name, dat e of birth (or part thereof) or a combination of these, and not using the same password that is used for other services such as your email service. 2.21.2.4 If we suspect the security of your Password has be en breached, you’ll be required to change it. 2.21.3 Power Prote ct SMS Code . 2.21.3.1 In order to make certain Power Marketplace transactions, including changes to your profile settings you’ll need to enter an a Power Protect SMS Code 2.21.3.2 Power Protect SMS Codes are needed on: ▪ Customer Signup ▪ Linking Income Source ▪ Forgot Password ▪ Forgot PIN 2.21.3.3 W e will send the Power Protect SMS Code by SMS to your M obile phone, and you’ll need to promptly enter that Access code in the App for the request to be processed.
2.21.3.4 We recommend you nominate a Mobile phone number used only by y ou. If the Mobile phone is also used by other people, they may receive, or be able to access your SMS Code me ssages. If you tell us your Mobile phone number is changing , we’ll send an SMS to your old number. 2.21.3.5 If you call our Customer Support centre to tell us about this change, we’ll send an SMS to both the old and new numbers. 2.21.3.6 3.7 We don’t charge you a fee for sending a SMS Code to your Mob ile phone. However, your Mobile phone service provider may impose fees and charges, including f ees and charges for sending and receiving SMS messages. The payment of any such fees and charges is the responsibility of t he Mobile phone account holder. If you have any concerns regarding such f ees and charges speak with your service provider. 2.21.4 Protecting your Access co des. 2.21.4.1 To protect your Access codes (Password and Power PIN) you must: ▪ try to memorise them; ▪ destroy any documentation or communication we issue to you that contains an Access code; ▪ not write your Access codes including your Password or Power PIN on your com puter, Mobile phone, Mobile device or Security device, even if disguised; ▪ not keep a record of your Access codes with or near your comput er, Mobile phone, Mobile device ; ▪ not tell anyone your Access codes, including family members, friends and our staff; ▪ n ot select as your Access code a number or word that can easily be associated with you, such as your date of birth, phone number, driver’s licence number, or part of your name; and ▪ make sure nobody watches you or hears you when you’re entering or using your Access codes at electronic equipment 2.21.4.2 If you make a record of your Access codes you must either take reasonable steps to prevent unauthorised access to the record or ensure it is reasonably disguised. We don’t consider it a reasonable attempt to disgu ise an Access code if you only: ▪ record it in reverse order; ▪ record it as a series of numbers with any of them marked to indicate the Access code; ▪ record the Access code as a phone number with the Access code in its correct sequence within the number; ▪ recor d the Access code as a telephone number where no other telephone numbers are recorded; or ▪ disguise the Access code as a date or as an amount. 2.21.4.3 There may be other forms of disguise which may be similarly unsuitable because of the ease of another person worki ng out your Access code. 2.21.4.4 If you make a record of your Access code you must keep that record separate and well away from any electronic equipment or any other Access code you use to access Power Marketplace unless the Acces s code is reasonably disguised. 2.21.5 What you must do if you suspect an unauthorised transaction, or breach of security of Access codes. 2.21.5.1 If you suspect the security of any Access code has been breached, your Mobile device has been lost, stolen or mis used, or the Mobile phone you use to receive Power Protect SMS Codes has been lost, stolen or misused, or an unauthorised transaction has occurred you must ensure: ▪ you call our Customer Support centre immediately (details are at the front of these Terms an d Conditions); ▪ the Access code (excluding Customer number) is changed; ▪ the Mobile device is de – authorised for Mobile Banking; ▪ the Security device (excluding Customer number) is replaced; and ▪ you inform us that SMS Codes should no longer be sent to the Mobi le phone number. 2.21.5.2 We’ll give you the notification number or some other form of acknowledgmen t which you should retain as evidence of the date and time of your report of a suspected breach. 2.21.5.3 If you can’t contact us by phone because our emergency telephone num bers are unavailable, you’ll not be responsible for any unauthorised use of Online Banking whi ch could have been prevented if you were able to contact us by phone provided you tell us of the loss, theft or misuse of your Mobile phone or suspected breach of security of your Access code(s) within a reasonable time after our contact numbers become available again. 2.22. Liability. 2.22.1 Liability for any losses resulting from unauthorised transactions made using Power Marketplace will be determined by us.
2.22.2 For the purposes of this clause 5, a reference to you or your means the Account holder of the Account from which an unauthorised transaction has occurred. 2.22.3 When you are not liable. 2.22.3.1 You’ll not be liable for losses resulting from unautho rised transactions made using Power Marketplace where it is clear that you have not contributed to the loss. 2.22.3.2 You’ll also not be liable for losses resulting from unauthorised transactions made using Power Marketplace that: ▪ are caused by the fraudulent or ne gligent conduct of our employees or agents or companies involved in networking arrangements, or merchants or their agents or employees; ▪ happen before you or a User receives or selects an Access code ▪ happen after we have been notified that your Mobile phon e has been misused, lost or stolen or that the security of any Access code has been breached; ▪ relate to any component of an Access code or Identifier that is forged, faulty, expired, or cancelled; and ▪ are the result of the same transaction being incorrectl y debited more than once to the same account. In the above situations we will credit the amount of the unauthorised transaction to the Account. 2.22.4 When you are liable. 2.22.4.1 You’ll be liable for losses resulting from transactions which are carried out by you, or b y another person with the knowledge and consent of you. 2.22.4.2 You’ll be liable for actual losses resulting from unauthorised transactions made using Power Marketplace caused by you: ▪ engaging in fraud; ▪ voluntarily disclosing any of your Access codes to anyone, including a family member or friend; ▪ keeping a record of an Access code without making a reasonable attempt to disguise it or to prevent unauthorised access t o it ; ▪ writing your Access codes or a disguised record of your Acc ess codes on your Mobile phone ; ▪ selecting an Access code which represents your date of birth (or part thereof), or being an alphabetical code which is a recognisable part of your name ; or ▪ acting with extreme carelessness in failing to protect the security of your Access codes. 2.22.4.3 You ’ll also be liable for actual losses resulting from unauthorised transactions made using Power Marketplace caused by the you unreasonably delaying notifying us of the misuse, loss or theft of a Mobile phone, or of Access code(s) becoming known to someone e lse. 2.22.4.4 In these cases your liability will only extend to losses which occur between the time when you became aware (or should reasonably have become aware) of such misuse, loss or theft and when we were actually notified. 2.22.4.5 However, you’ll not be liable to p ay for: ▪ that portion of the losses incurred in a period which exceed any transaction limit for that period; ▪ losses occurring after we have been notified that the security of the Access code(s) has been breached. 2.22.4.6 Your liability is subject to Power™ proving on the balance of probability that a User contributed to the losses in one or more of the ways listed above. 2.22.4.7 In circumstances where it is unclear whether you contributed to the loss, you will only be liable for losses resulting from unauthorised transactio ns made using Power Marketplace to a limited extent. Your liability in such cases will be the least of: ▪ KES 15 , 0 00 .00; ▪ the balance of the Account on which the unauthorised transactions were made; or ▪ the actual loss incurred before we are notified of the mis use, loss or theft of a Access codes becoming known to someone else 3 General information 3.1. Regulations and Acts . 3.1.1. The Digital Credit Providers Regulation 2021 and the Proceeds of Crime and Anti – Money Laundering Act, 2009 practice s as update d, and adopted by us, from time to time sets out the standards of practice and service . 3.1.2. The relevant provisions of the se Regulations & Acts apply to the financial services ref erred to in this document. This means that we will comply with these Regulations & Acts , where it applies to the financial services provided to you. 3.2. Changes to Terms and Conditions.
3.2.1. We may change these Terms and Conditions at any time and we’ll notify you of changes As soon as reasonably possible (which may be before or aft er the change is made) or, if we believe the change is unfavorable to you, endeavor to provide at least 7 days’ notice before the change takes effect electronically via notifications in the Power Marketplace and or to your email address 3.2.2. Advance notice may not be given where a change has to be made to restore or maintain the security of our systems or of individual accounts or facilities or where you cannot reasonably be located. This includes suspension or limiting your access to Power Marketplace or reduc ing your Payment Limits. We may also give you a shorter notice period (or no notice) of an unfavorable change if it is reasonable for us to manage a material and immediate risk. 3.3. Contacting you electronically. 3.3.1. We may use notifications in the Power Marketpla ce or your email address to advise you of any enhancement or chang es to Power Marketplace , including these Terms and Conditions or send you an email notification to tell you the changes are available for viewing within Power Marketplace or on a website. 3.4. Up dating your contact details. 3.4.1 Email address. 4.5.4.1 You need to keep your email address current. You may update your email address in the edit profile section under my profile in Power Marketplace . If you don’t provide us with a correct email address, we may not provide you with access to Power Marketplace because you may not receive important information regarding Power Marketplace from us. 3.4.2 Mobile phone number. 3.4.2.1 We may use your Mobile phone number to send you Power Protect SMS Code(s) via SMS a nd any information relevant to this service. 3.4.2.2 If you contact our Customer Support Centre, you’ll be notified of any changes to o ur records of your Mobile phone number via a Power Protect SMS code to both your old and new Mobile phone numbers. If you don’t provide us with your correct Mobile phone number, you may not be notified of important information relevant to the use of Power Protect SMS Codes and Access Codes. 3.4.2.3 You need to keep your Mobile phone number current. If you update or no longer use your Mobile phone number, you must contact us and you may need to re – register for some of t he services we provide 3.5. Feedback and Complaints. 3.5.1 Delivering on our service promise. 3.5.1.1 We’re constantly striving to provide the best possible service, and we’ll do our best to resolve any concern you have efficiently and fairly. 3.5.2 Our commitment to you. 3.5.2.1 If you’re ever unhappy about something we’ve done – or perhaps not done – please give us the opportunity to put things right. 3.5.2.2 Our aim is to resolve your complaint within 30 days of you reporting your complaint via the established complaints channel , and where possibl e we will resolve your complaint on the spot. 3.5.2.3 If we need additional time to g et back to you, we will let you know. Should we be unable to resolve your concern at your first point of contact, we will then refer the compliant to our Customer Support team. 3.5.2.4 Our Customer Support team are here to find a solution for you and will ensure t hat you’re regularly updated about the progress we are making to resolve your complaint. 3.5.3 You can contact us: 3.5.3.1 Over the phone ▪ Please call us on 0711082222 . If you are overseas, please call +254 (0)711082222 3.5.3.2 Online ▪ On the Power Marketplace via Help & Support, Let’s Chat or Send an Email ▪ Or ▪ Email us at customersupport@power.io For further information go to our website and search ‘Feedback and Complaints’. 4 Meaning of words
Access codes means any one or more of your Password, Power PIN and any other code we provide to you (or permit you to choose) from time to time, that enables you to gain access to or use Power Marketplace and which you are required to keep secret. Account means any one or more of your Power™ accounts from which you can access Power Marketplace services Account holder means the person(s) in whose name an account is conducted and who is responsible for all transactions on the account. Available balance means the total balance in your account Business Day Business Day means a day other than a Saturday, Sunday or national or public holiday in the Republic of Kenya. Customer number or Customer ID is the 10 digit number you’re given by us when you complete your identity verification in order to identify you. Daily Payment Limit means the maximum amount you can pay per day across all accounts accessible through Power Marketplace . Feature means an activity or task that can completed through Power Marketplace . Help C entre means the information contained under the Help & Support links found on the main menu in Power Marketplace . Mistaken Payment means a payment, where the funds are paid into the account of an unintended recipient because the user enters or select s an account number and/or mobile number or identifier that does not belong to the intended recipient as a result of the individual’s error. Power Marketplace means an internet service designed for our customers to access certain services through a Mobile device. Mobile device means a mobile phone that is able to access Power Marketplace , or another type of personal electronic device as described in the Help centre that is able to access specific Power Marketplace services. Details of sup ported operating systems are available at yourpower.io Your Mobile device may also be the Mobile phone you receive Power Protect SMS Codes. Mobile phone means, the device with the number that is registered to receive Power Protect SMS Codes by SMS. Passwo rd means a confidential alphanumeric containing 6 characters. When used with your mobile number it gives access to Power Marketplace . Payment including means a transfer of value from an account held with us to: 1. an account (other than yours) which is hel d with us; 2. an account held at another financial institution that accepts such payments includes a transfer t o an account held by you at such institution; or 3. MPESA Mobile Payment to a safaricom mobile phone number Privacy Policy has the meaning given in Data Privacy (Privacy Statement) on yourpower.io/data – privacy/ . Profile means a Power Marketplace service that can be accessed by an User when then sign into Power Marketplace . SMS means the telecommunications ‘short message service’ technology which may allow text messages to be sent to your Mobile phone. We , us or our means Frictionless Enterprises Limited (FEL) , which includes its successors – in – title, legal representatives and assigns, hereinafter referred to as Power™
You and your means the individual that holds the Power Marketplace service in their name 5 GOVERNING LAW 5.1 This Agreement shall be governed by and construed in accordance with the laws of Kenya.
