THIS TRANSFER SERVICES AGREEMENT (“AGREEMENT“) DEFINES THE TERMS AND CONDITIONS UNDER WHICH KAKITOO PROVIDES SERVICES TO YOU. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY ACCESSING AND USING THE KAKITOO SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

The words “you” and “your” refer to the person who uses the Kakioo through the website, Whatsapp, USSD and mobile application. The words “Kakitoo”, “we” and “us” and “our” refer to Kakitoo, a money transmitter, which provides the Service and operates under the trade name, Kakitoo Ltd. The word “Sender” means you or the person who sends money . The word “Receiver” means the person who receives the money. The word “MoMo Account” means the Mobile Money account provided by M-PESA, Airtel Money and T-Kash. The Momo Account must be issued or held in your name The word “Transfer” refer to transmitting of funds that the Sender requests and authorizes Kakitoo to process the payment to the Receiver.

2.1 This Agreement applies only to the Transfers that you request through the Kakitoo.

3.1 In order to use the Kakitoo, you must be at least 18 years old and have a registered MoMo Account in your name. To register with Kakitoo for a Kakitoo ID, visit the website or download the Kakitoo mobile Application and provide Kakitoo with personal information such as your name, phone number, email address, and any other information or documentation that will allow us to verify your identity. You agree to provide complete and accurate information and/or documentation in connection with the registration process, and you agree to update this information as necessary to keep it complete and accurate at all times.

3.2 Inaccurate and/or incomplete information provided by you during registration or when requesting a Transfer may cause errors in your requested Transfer, or may delay or restrict your access to the Service.

3.3 Each time you access the Kakitoo, you shall be deemed to have confirmed the accuracy and completeness of all of your registration information.

3.4 Your registration is personal to you. You should not allow your registration details to be used by anyone else.

3.5 To delete your Kakitoo ID, visit the website or download the Kakitoo mobile Application.

4.1 You may use the Kakitoo only to send a Transfer to a Reciever located in a country where Kakitoo provides the service as described below.

4.2 Your use of the Service does not create a fiduciary or escrow relationship between you and Kakitoo. Kakitoo only provides a transfer service; the funds you direct to Kakitoo to pay to the Receiver are not held as a deposit or in escrow by Kakitoo, and Kakitoo is not acting as a fiduciary in holding or processing your Transfer. Kakitoo's only obligation is to pay your Transfer to the Receiver or return the Transfer's principal amount to you.

4.3 The Service is available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or to the Receiver. Periods of unavailability may be caused by Kakitoo ’s own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Kakitoo ’s control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God. Kakitoo may from time to time set limits on the value of Transfers you may send (both individually and over a period of time), as well as the value of Transfers any Reciever may receive. Kakitoo may delay payment of your Transfer to allow Kakitoo to determine that your Transfer complies with applicable law, regulation or Kakitoo policies. Kakitoo has the right, without notice to you, to refuse to accept or pay any Transfer that Kakitoo determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Transfer and then determine that it may violate any such law, regulation or policy, we may hold the Transfer until such time that the matter is resolved.

5.1 In order to use the Service, you must use a make a payment to Kakitoo MoMo Account of the principal amount of the Transfer plus any applicable fees and charges from your MoMo Account by requesting a Transfer. You acknowledge that Kakitoo has no obligation to process or complete a requested Transfer if Kakitoo is unable for any reason to obtain authorization or receive the funds from your MoMo Account for the principal amount of the requested Transfer and all applicable fees and charges.

5.2 Kakitoo will disclose its fees and charges for providing the Service to you before you initiate a Transfer and authorizes. Kakitoo ’s fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your Transfer.

5.3 Kakitoo will pay the full principal amount of your Transaction to the Receiver when you initiate your Transfer, the Receiver may incur costs, fees, or charges from his or her mobile phone company, MoMo Account issuer or other parties to maintain or withdraw the funds. Furthermore, the Reciever’s ability to use or withdraw the funds you send may be limited by the terms of the Reciever’s MoMo Account issuer.

Use care when inputting information about the Receiver; and verify that you have provided us with the Receiver’s correct phone number or Username. You represent and warrant to us that all information you enter into Kakitoo true and complete, including information about you, your MoMo Account, and the Receiver. When processing a Transfer Payment, Kakitoo may rely on the registration information and Transfer information that you provide, including information about the Receiver. You acknowledge that any errors in the information you provide, including misidentification of Receiver(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.

The Kakitoo service is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, the Receiver is paid instantly through the Kakitoo service; accordingly, once you originate a Transfer, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered instantly to the Receiver, we will contact you and keep you informed about the delay.

8.1 Kakitoo is obligated to provide payment to Receiver’s MoMo Account. If a Receiver does not have a MoMo Account, the Transfer Payment funds will be returned to your MoMo Account.

8.2 Kakitoo reserves the right to impose identification and verification requirements on a Receiver in order for them to receive a Transfer. When paying the Receiver, Kakitoo may rely on identification information or documentation provided by you or the Receiver, including any code or identifier number of the Transfer, without further investigation. Kakitoo reserves the right to refuse payment to the Receiver if Kakitoo cannot verify the Receiver's identity or if Kakitoo believes you or the Receiver are in violation of this Agreement or any applicable law, regulation, or Kakitoo policy. Although Kakitoo has the right to establish identification and verification requirements, and failure to comply with them is grounds for declining payment of the Transfer, Kakitoo has no obligation to establish any such requirements.

The Kakitoo is not intended for use by anyone in any jurisdiction or country where such use would be illegal or unethical. You may not use the Service for any Transfer, specifically and without limitation
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a) induced by or involving the proceeds of crime, fraud or other improper activity;
b) exceeding Kakitoo ’s transaction limits (whether in amount, frequency or otherwise);
c) sent for the purpose of gambling, including placing bets or paying winnings;
d) intended to be used as an escrow or similar capacity for delayed payment;
e) which Kakitoo determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money-laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls.

You agree to only request Transfers that comply with this Agreement, applicable origination country laws, and applicable Receiver country laws. You are only permitted to use the Kakitoo to send Transfers on your own behalf. You may not resell the Kakitoo or use the Service to make Transfers on someone else's behalf or as an agent for someone else. You will provide information and/or documentation as requested by Kakitoo in order for Kakitoo to comply with any applicable laws, including anti-money laundering laws. Kakitoo reserves the right to refuse payment of any Transfer that it determines, in its sole discretion, violates applicable law, Kakitoo policy, or the terms of this Agreement.

10.1 Kakitoo reserves the right, without cause or prior notice to you, to reject your Transfer request, decline to complete a Transfer request, or impose a value or frequency limitation on your use of the Service. Without limiting the foregoing, Kakitoo may suspend, delay, or reject your Transfer Payment request if any of the following conditions are met:

a) the value of one or more of your Transfer requests exceed any limits established by Kakitoo ;
b) Kakitoo is unable to charge your MoMo Account for the principal amount of the Transfer and related fees and charges;
c) Your Transfer request is incomplete or unclear;
d) Kakitoo is unable to confirm your identity or verify any registration or Receiver information, including the identity of the Receiver;
e) Kakitoo suspects fraud or irregularity or illegality;
f) Kakitoo and/or Kakitoo - designated service providers are unable to fulfil your request for any reason.

10.2 If your Tip Transfer request is denied for any reason, Kakitoo will notify you via SMS / text message, or any other reasonable means of notification.

10.3 If your Tip Transfer request is declined or rejected, Kakitoo will generally return the principal Tip amount of your Transfer to your MoMo Account if it has already transferred to our MoMo Account; however, there may be circumstances where the law requires Kakitoo to hold your Tip Transfer or pay it to another party (including a government agency). If this occurs, Kakitoo will notify you, if permitted by applicable law.

Kakitoo is not liable for any delay, failure to execute, or error in the execution of your Transfer request that is caused by circumstances beyond Kakitoo's reasonable control, including strikes, power outages, equipment malfunctions, war, riots, governmental or court orders, work stoppages, or similar occurrences or circumstances, or incorrect or incomplete information provided by you. You also agree that Kakitoo may refuse or delay processing any request if it would violate any government authority or funds transfer system guideline, rule, policy, or regulation.Under no circumstances will Kakitoo be liable for damages, whether caused by the negligence of Kakitoo ’s employees, contractors, agents or others, in addition to refunding the principal amount of the Transfer and any fees and costs you may have paid to Kakitoo to send it. Under no circumstances will Kakitoo be liable for any incidental, indirect, special, punitive or consequential damages or the like.

For error resolution, transaction cancellation, questions, complaints, or a written explanation of your rights, contact us at support@kakitoo.com Because Kakitoo Tip Transfers to Receiver immediately, your Tip Transfer is typically not cancellable or refundable. If you believe that you sent a Tip Transfer in error, you must contact us within Fifteen (15) minutes after you initiated it at support@kakitoo.com, and we will attempt to recall it. If your Tip Transfer has not yet been transferred to the Receiver’s MoMo Account, we will refund it to you (excluding all fees, if any) within three (2) business days. However, if the Tip Transfer has already been credited to your Receiver’s MoMo Account we will be unable to cancel it.

In consideration of our agreement to provide you with the Application and Service, you agree to indemnify and hold Kakitoo harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses – including reasonable attorney’s fees – in connection with or arising out of
a) your use of the Service,
b) your breach of this Agreement, or
c) Kakitoo acting upon your request for a Transfer. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Kakitoo for any losses caused due to any inaccurate, non- current or incomplete information that you provided to Kakitoo and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs, passwords, or due to any unauthorized use of your ID and/or password.

Where allowed, any dispute or claim arising from or relating to this Agreement, any Transfer or the Service, including disputes involving this provision about the resolution of disputes, will be settled by binding arbitration. Each party will pay for its own attorneys, experts and witnesses. Neither party shall have the right to participate in any class of claimants pertaining to any claim. Third parties’ claims shall not be joined in any arbitration between Kakitoo and you pertaining to any claim and Third parties’ claims shall not be joined in any arbitration between Kakitoo and you. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will pay for its own attorneys, experts and witnesses. The costs of the arbitrator(s) shall be divided equally between the parties.

In order to use the Kakitoo, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Service by means of electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, Kakitoo will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Service, or Kakitoo will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. Kakitoo will make available to you a record of each of your Transfers electronically on the Application. You agree that if you remove your consent to receive electronic communications, Kakitoo will terminate your use of the Application and Service.

This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and Kakitoo concerning the Service. It supersedes all prior agreements, and may not be modified orally. Kakitoo may modify, supplement, alter and amend this Agreement at any time, and you will be deemed to have agreed to any such changes if you continue to use the Application after you have been notified of any such changes. Kakitoo Investments, and any of its subsidiaries and affiliates, along with the banks, telephone service providers and others we have engaged to assist us, may participate in the provision of the Service. We may assign this Agreement or delegate our obligations under it, in whole or in part, without notice to you and without your consent. If any portion of this Agreement is determined to be invalid, the remaining provisions will nevertheless be enforceable.

The Privacy Policy describes the way Kakitoo Limited, a Kenyan company doing business through our mobile phone application, Kakitoo , and its affiliates (collectively, “Kakitoo ” or “us”) obtains, uses, stores, manages and disposes of certain information that you, as a user of our services, provide to us. You have certain rights to know what information we collect, how we use it, and how you may obtain and correct it. You consent that you have read and agree with the Privacy Policy, which may be found at the following link: Privacy Statement Kakitoo ’s privacy policy may change in the future. If that happens, the revised version will be posted on our website, and will be sent to current users via the email addresses.