Terms of Service

These Terms of Service govern your use of the FinTech Association of Kenya website and the services made available through it. The FinTech Association of Kenya is referred to in these terms as FINTAK, we or us.

By using the website, applying for membership, registering for an event or programme, purchasing a service or submitting a complaint, you agree to these terms and the FINTAK Privacy Policy.

If you act for an organisation, you confirm that you have authority to accept these terms on its behalf. References to “you” include both the individual using the service and the organisation that individual represents.

You must be at least eighteen years old to enter into a paid transaction, apply for membership or submit information through the website. A parent, guardian or authorised representative must act for a person who lacks legal capacity.

A membership confirmation, event notice, invoice, partnership agreement or other written agreement may contain additional terms. Those specific terms will apply to the relevant service. If they conflict with these general terms, the specific written terms will prevail to the extent of the conflict.

FINTAK may update these terms to reflect changes in its services, operations or legal obligations. Changes apply from the date the revised terms are published. Material changes affecting an existing paid service will be communicated directly where reasonably practicable and will not retrospectively remove benefits already paid for.

FINTAK grants you a limited, non-exclusive and revocable right to access and use this website for lawful personal, professional or organisational purposes.

You must not:

• use the website for unlawful, fraudulent, misleading or abusive activity

• impersonate another person or falsely claim to represent an organisation

• submit information you know to be false, defamatory or misleading

• introduce malware, malicious code or any material intended to disrupt the website

• attempt to gain unauthorised access to the website, its systems or another user’s information

• scrape, extract or reproduce substantial parts of the website without written permission

• interfere with the operation, security or availability of the website

• use FINTAK’s name, logo, membership badge or other brand assets without permission

• infringe the intellectual-property, privacy or other legal rights of another person

Unless otherwise stated, the website, its design, reports, publications, graphics, logos and other original materials belong to FINTAK or its licensors. You may share links and quote limited extracts with proper attribution. You may not reproduce, modify, sell, license or commercially distribute substantial FINTAK content without written permission.

Information published by FINTAK is provided for general information, education and industry engagement. It does not constitute financial, investment, legal, tax, employment or regulatory advice. You should obtain advice appropriate to your circumstances before acting on information published on the website.

FINTAK takes reasonable care when preparing information but does not guarantee that every item will remain complete, accurate or current. Industry data, laws, prices, appointments and third-party information may change after publication.

Links to external websites are provided for convenience and context. FINTAK does not control those websites and is not responsible for their availability, security, content or privacy practices. A link does not necessarily amount to an endorsement.

You retain ownership of material submitted to FINTAK. You grant FINTAK permission to receive, store, review and use that material only as reasonably necessary to provide the requested service, administer its operations or comply with the law.

FINTAK may restrict or suspend access where necessary to protect the website, investigate misuse, perform maintenance or comply with a lawful requirement.

Submitting a membership application does not automatically create membership. FINTAK may verify the applicant, request additional information and approve or decline an application according to its eligibility and integrity requirements.

Membership begins when FINTAK confirms approval and receives the applicable fee. Unless otherwise stated in writing, membership runs for twelve months and must be renewed at the end of that period. Renewal is not automatic unless the member has expressly agreed to automatic renewal.

Membership is held by the approved organisation and is not transferable. The organisation is responsible for the conduct of its nominated representatives and for keeping their details current.

FINTAK membership does not confer voting rights, governance powers, a board position, an executive office or authority to speak for the association. It does not make FINTAK responsible for a member’s products, conduct or obligations.

Membership does not guarantee investment, customers, regulatory approval, commercial introductions, media coverage or any other business outcome. Introductions, event access and other benefits remain subject to relevance, availability and the published limits of the applicable membership category.

Membership has no influence over the editorial decisions of Precursor. Members, partners and sponsors cannot purchase favourable coverage, suppress independent reporting or approve editorial conclusions.

An active member may use the membership badge supplied by FINTAK in accordance with the applicable brand guidelines. The badge must be removed when membership expires, is suspended or is terminated. FINTAK may identify an active member in its public member directory and may display the member’s approved name and logo for that purpose.

Fees must be paid by the date shown on the invoice. The member is responsible for applicable taxes, transaction charges and accurate billing information. Membership fees are ordinarily non-refundable after the membership term begins, except where required by law or expressly agreed in writing.

FINTAK may revise membership fees and benefits for a future renewal period by giving reasonable notice. It may refine how benefits are delivered during an existing term, provided that the overall substance of the purchased category is not materially reduced.

Event and programme registrations remain subject to capacity, eligibility and any conditions stated on the registration page. FINTAK may make reasonable changes to speakers, schedules, venues or delivery formats. If FINTAK cancels a paid event and does not provide a suitable replacement, it will offer a refund or credit for the affected registration fee. FINTAK is not responsible for a participant’s travel, accommodation or other personal expenses unless agreed in writing.

Participants must behave professionally and must not harass, threaten or endanger another person. FINTAK may remove a participant whose conduct disrupts an event or creates a safety, legal or reputational risk.

FINTAK may suspend or terminate membership for non-payment, material misrepresentation, unlawful conduct, serious misconduct, misuse of FINTAK’s name or brand, or a material breach of these terms. Where reasonably practicable, the member will be informed of the concern and given an opportunity to respond. Immediate suspension may be used where necessary to protect another person, FINTAK or the integrity of the association.

Termination ends access to membership benefits and permission to use FINTAK membership marks. Obligations that arose before termination remain enforceable.

FINTAK provides a complaint-escalation service to help consumers route concerns to relevant contacts at financial service providers and track whether a response is received.

FINTAK is not a court, regulator, ombudsman, law-enforcement agency, financial service provider or legal representative. Submitting a complaint does not begin formal legal or regulatory proceedings and does not guarantee a refund, reversal, explanation, account restoration or any other outcome.

FINTAK may:

• review the information submitted

• request clarification or supporting material

• share the complaint with the financial service provider named by the complainant where consent has been given

• follow up with the provider about its response

• direct the complainant to an appropriate regulator, statutory body or dispute-resolution channel

• analyse anonymised or aggregated complaint patterns to support consumer protection and industry improvement

The complainant must provide information that is accurate to the best of their knowledge and must have authority to submit any supporting material. Irrelevant personal information, passwords, PINs, complete payment-card numbers and other unnecessary security credentials must not be submitted.

FINTAK may decline or close a complaint that is abusive, fraudulent, outside its scope, unsupported by sufficient information, already resolved, being used to harass another person or better handled through a formal legal or regulatory process.

Using FINTAK’s service does not suspend a legal deadline, contractual obligation, repayment obligation, limitation period, regulatory filing period or internal appeal deadline. Complainants remain responsible for protecting their rights through the provider’s formal process, the relevant regulator, the courts or another authorised dispute-resolution body.

The financial service provider remains responsible for investigating the complaint and deciding what remedial action it will take. FINTAK is not responsible for the provider’s decision, response time or compliance with its legal obligations.

Personal data submitted through the complaint service will be handled according to the FINTAK Privacy Policy and the consent provided on the complaint form.

FINTAK will provide its services with reasonable care and skill. The website and free services are otherwise provided on an “as available” basis. FINTAK does not guarantee uninterrupted access, error-free operation or a particular commercial, regulatory or complaint outcome.

FINTAK is not responsible for:

• decisions or conduct of members, financial service providers, regulators or other third parties

• losses caused by inaccurate information supplied by a user or third party

• the content, security or availability of an external website

• service interruption caused by maintenance, internet failure, cyberattack or circumstances outside FINTAK’s reasonable control

• an investment, employment, commercial or regulatory decision made without obtaining appropriate professional advice

To the fullest extent permitted by law, FINTAK will not be liable for indirect, incidental or consequential loss, including loss of profit, revenue, data, opportunity, anticipated savings or reputation.

For a claim arising from a paid service, FINTAK’s total liability will not exceed the amount paid to FINTAK for the affected service during the twelve months preceding the event giving rise to the claim.

Nothing in these terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any right or liability that cannot lawfully be excluded or limited.

An individual or organisation that unlawfully uses the website, infringes another person’s rights or knowingly submits fraudulent material will be responsible for the direct and reasonably foreseeable loss caused to FINTAK by that conduct.

FINTAK will not be in breach where performance is prevented or materially delayed by circumstances beyond its reasonable control, including natural disaster, epidemic, war, civil disturbance, industrial action, failure of public infrastructure, government restriction, cyberattack or widespread telecommunications failure.

These terms are governed by the laws of Kenya.

Before commencing court proceedings, the parties should attempt in good faith to resolve the dispute through written communication for at least thirty days. If the dispute is not resolved, the courts of Kenya will have jurisdiction, without preventing either party from seeking urgent interim relief where necessary.

If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply. A delay by FINTAK in enforcing a provision does not waive its right to enforce it later.

Questions about these terms may be sent to:

FinTech Association of Kenya
Email: info@fintechassociation.africa
Telephone: +254718593848
Nairobi, Kenya