Introduction

These Terms and Conditions (hereinafter referred to as "this Agreement", "T&Cs") govern your use of the services, website, applications, and other offerings (collectively, the "Services") provided by Nijenge Technologies (hereinafter "Service Provider", "we", "our" or "us"), a business name wholly owned and operated by ZuriScore Limited, a registered company in Kenya (hereinafter referred to as "ZuriScore Limited" or "the Company").

By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use our Services.

These Terms and Conditions are legally binding and includes restrictions, limitations and conditions (including limitations on liability) and waivers of important legal rights. By continuing to use our services, you acknowledge that you are freely and voluntarily consenting to use of your personal data and legal rights. If you do not agree with any of the terms, waivers, limitations, restrictions and/or other conditions set forth in this Agreement, or if you do not agree with, or agree to assume, the risk(s) set forth in this Agreement, do not utilize the services being offered, and/or do not enter into this Agreement.

This Agreement shall be updated from time to time by the Service Provider, and such changes updated on the channels designated by the Service Provider, including but not limited to its website and notices. It is your responsibility to review and acquaint yourself with these changes. These changes may arise as a result of introduction of new products or features, changes in the law, or any other reason whatsoever. By continuing to use our services, you will be considered as having read, understood and consented to the updated Agreement.

Users of our systems agree that the terms herein are fair, and this Agreement, solely by reason of drafting cannot be interpreted, at any time against the Service Provider when a dispute arises.

Definitions

For the purposes of this Agreement, the following definitions shall apply:

Service Description

ZuriScore operates Nijenge services that improves user experience while making payments to merchants of different goods and services.

Nijenge is available to subscribers of Safaricom and other Mobile Network Operators (MNOs), upon accessing our platforms and your acceptance of these Terms and Conditions.

You may register for a Nijenge account by completing our registration form. You will need to have an existing paybill or till that will receive payments.

Nijenge may in its absolute discretion limit or restrict the number of accounts you may operate at any one time.

Nijenge may in its absolute discretion refuse to activate or revoke an account of any person or merchant on the Nijenge System.

By completing our registration form or using our services, you agree to these Terms and Conditions, which shall form a legally binding agreement between you and the Company.

The System may not recognize any monetary value depicted as Cents. You hereby agree to round off any Transaction value to the nearest whole number.

All charges applicable to the Nijenge service are set forth in a separate fee schedule available on our platforms, and are subject to change at any time at the company's sole discretion.

Privacy Policy

Introduction

Your privacy is critical to us. This privacy statement explains the personal data Nijenge collects, how we process it, and for what purposes. This statement applies to all customers, merchants, suppliers, agents, and all consumers of our Services.

Collection of Information

We may collect your personal information, financial information and usage information with your knowledge and consent when you do any of the following:

• visit, access or use Nijenge or third-party websites;
• make a payment to a merchant through our platforms;
• use a Nijenge product or service online, on a mobile or other device;
• ask Nijenge for more information about a product or service or contact Nijenge with a query or complaint;
• respond to or participate in a survey, marketing promotion or special offer;
• we may also collect your information from other organizations including business directories and fraud prevention agencies;
• we may collect your information when you interact with us as a customer, supplier, agent, and consumer of our Services as prescribed in this agreement.

What Information is Collected

The information we collect about you includes but is not limited to the following:

• your identity information, including your name, email address, phone number, identity document type and number;
• merchant's identity information, including their business name, identity of business owner(s), paybill details and access credentials;
• your transaction details when you make a payment with Nijenge;
• your contact with us, such as when you call, interact with us through our social media channels, emails and other channels that may be provided for direct user interaction;
• IP addresses, operating systems, referring web pages, locations, mobile carriers, devices used, search terms and cookies used to access our services, to help us diagnose problems and improve site user experience.

How We Use Your Information

You acknowledge we may use and analyze your information for the following purposes:

• provide, operate, and maintain our services;
• improve, personalize, and expand our services;
• understand and analyze how you use our services;
• develop new products, services, features, and functionality;
• communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to our website, and for marketing and promotional purposes;
• for research, statistical, survey and other scientific or business purposes;
• provide aggregated data (which do not contain any identifying information which may identify you as an individual) to third-parties for research and scientific purpose;
• cooperate with local law enforcement or investigative agencies or any competent regulatory or government agencies, to assist in the detection, prevention or prosecution of money laundering activities, fraud or other criminal activities.

Data Protection

We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, business information and data stored on our site.

Lawful Basis for Processing Your Information

We will process your personal information based on any of the lawful basis provided for under the Data Protection Law:

• The performance of a Product/Service Agreement with you;
• Company's legitimate business interests;
• Consent you provide;
• Your vital interest.

Retention of Information

We will keep your personal information only for as long as necessary to fulfill the reasons we gathered it for, which includes meeting any service delivery, legal, regulatory, tax, accounting, or reporting obligations. If there's a complaint or a likelihood of legal action regarding our relationship with you, we may retain your personal information for a longer duration.

When determining how long to retain personal data, we take into account factors such as the type, amount, and sensitivity of the information, the potential risk of unauthorized access or disclosure, the purposes for which we use the data and whether those purposes can be achieved through other means, our internal policies, and relevant legal or regulatory requirements.

Information that has been anonymized and can no longer be linked to you may be kept indefinitely.

Your Data Protection Rights

Under the data protection laws of Kenya, you have various rights in relation to your personal data. These include:

• The right to access your personal data
• The right to correct inaccurate or incomplete personal data
• The right to delete your personal data
• The right to restrict or object to the processing of your personal data
• The right to data portability

To exercise these rights, please contact us at hello@nijenge.com.

We may require specific information from you to verify your identity and validate your right to access your personal data (or exercise any other rights you may have). This measure is essential for safeguarding against unauthorized disclosure of personal data to individuals without the rightful entitlement to receive it. Additionally, we may reach out to you for additional details related to your request in order to expedite our response.

We try to respond to all legitimate requests within a reasonable time. Occasionally, it could take us longer if your request is particularly complex or you have made a number of requests. Should this occur, we will notify you and keep you updated.

Non-Compliance with this Statement

Nijenge reserves the right to terminate any agreement with you if there is a failure to adhere to the provisions outlined in this agreement, and to decline any request for information contrary to this agreement.

Amendments to this Statement

We reserve the right to make changes to this agreement at any time. We will notify you of any changes by posting the new agreement on this page.

How to Contact Us

If you have any questions about this agreement, please contact us at legal@nijenge.com.

User Agreement

By opting to use any of our Services, you accept this Agreement and acknowledge that you have carefully read the Terms and Conditions, that you have understood them, and that you accept them in their entirety and without reservation. This Agreement is limited to the Services offered by us, and is not intended to modify other Agreements that may govern the relationship between you and us in other contexts.

The user agrees to use Nijenge services only if they are 18 years and above.

Upon accessing and using the site, you acknowledge and agree that we may automatically collect, store and use your information, including but not limited to, IP addresses, operating systems, referring web pages, locations, mobile carriers, devices used (i.e., cell phones, laptops, tablets, among others), search terms and cookie information (collectively, the "Derivative Data") to help us diagnose problems and improve the site for user experience.

In order to consume Nijenge services, you acknowledge and agree that you may be required to provide personal information such as, but not limited to, phone number, email address, age verification and/or country of residence (collectively, the "Personal Information"). You acknowledge and agree that we may collect, store and use your Personal Information in accordance with this Agreement and our Privacy Policy.