Mcente - Terms Of Use

MCENTE TERMS AND CONDITIONS OF USE

These Terms are a legal agreement between you and Mcente that governs your access to and use of Mcente service. Please review this entire Terms of Service before you decide whether to accept it and continue with the registration process.

Definitions And Interpretations:
1. In these Mcente Terms and Conditions the following words and phrases have the meaning set below unless the context indicates otherwise:
  - "Account(s)" refers to a Bank account of any type opened and maintained by the Customer with the Bank;
  - “Bank” shall mean the Equity Bank Tanzania Limited and includes it successors in title and assigns;
  - “Customer” means a person who holds and maintains an account with the Bank and shall include any person or persons;
  - “Mcente”or “Services” means the Equity Bank (Tanzania) Limited Mcente Banking Service availed to the Customer which shall enable the Customer through the use of Mcente website on https://mgeni.sandbox.co.ke toperform such transactions on the Account as the Bank shall from time to time allow;
  - “General Terms and Conditions” shall mean the General Terms and Conditions which govern the Bank-Customer relationship includingany and all annexure schedules appendices attached to it or incorporated by reference from time to time which have been duly executed by the Customer. The Mcente Terms and Conditions are in addition to the General Terms and Conditions and in the event that there is any conflict between the covenants agreements conditions restrictions stipulations and provisions in these Mcente Terms and Conditions and the General Terms and Conditions the covenants agreements conditions restrictions stipulations and provisions contained herein shall prevail;
  - “Instructions” shall mean the instructions given to the Bank by the Customer in relation to the Service;
  - “Password” shall mean the personal password chosen by the Customer for accessing the Service and for authentication or verification by the Bank of the Customer’s identity. The Customer will be able to obtain a range of financial information as determined by the Bank related to its relevant account through the use of the Password and such other means of identification assigned to the Customer in connection with the Account and the Services;
  - "Personal Information" shall mean information in relation to or pertaining to the Account held by the Customer;
  - “Mcente Terms and Conditions” refers to these terms and conditions for use of the Mcente Banking Service as amended from time to time at the sole and absolute discretion of the Bank.
2. Words in the singular include the plural and vice versa;
3. Words importing the masculine gender only include the feminine and neuter genders and words denoting natural persons include corporations and firms and all such words shall be constructed interchangeably in that manner;
4. If the Customer comprises more than one person the obligations and liabilities of such persons hereunder are joint and several;
5. The headings of clauses are intended for convenience only and shall not affect the construction or interpretation of these Mcente Terms and Conditions.
6. Where words have been defined in the body of these Mcente Terms and Conditions such words will have the meaning so assigned unless the context clearly otherwise requires.
7. Where any period is prescribed in these Mcente Terms and Conditions that period shall be reckoned inclusively of the first day and inclusively of the last day unless the last day is not a business day in which case the last day shall be the next succeeding business day
Applicability
1. These terms and conditions shall govern your use of Mcente.
2. By using Mcente, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Mcente.
3. If you register with Mcente, submit any material to Mcenteor use any of our portal services, we will ask you to expressly agree to these terms and conditions.
4. You must be at least [18] years of age to use Mcente; by using Mcenteor agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of ageand Equity Bank (Tanzania) Limited (“the Bank”) shall not beliable to the misrepresentation.
5. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].
Copyright notice
1. Subject to the express provisions of these terms and conditions:
  - Equity Group Holdings Limited owns and control all the copyright and other intellectual property rights in Mcente and the related material in it; and
  - All the copyright and other intellectual property rights in Mcenteand the material on the website are reserved.
License to use Mcente
1. You may:
  (a) View pages from our Mcentein a web browser;
  
  (b) Download pages from Mcentefor caching in a web browser;
  
  (c) Print pages from our Mcente;
  
  (d) Stream audio and video files from our website; and
  
  (e) Use our website services by means of a web browser,
  Subject to the other provisions of these terms and conditions
2. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from Mcenteor save any such material to your computer.
3. You may only use our portal for your own personal and business purposes, and you must not use Mcentefor any other purposes.
4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Mcente website.
5. Unless you own or control the relevant rights in the material, you must not:
  (a) republish material from Mcente (including republication on another website);
  
  (b) Sell, rent or sub-license material from Mcente;
  
  (c) Show any material from Mcentein public;
  
  (d) Exploit material from Mcentefor a commercial purpose; or
  
  (e) Redistribute material from our website.
6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
1. You must not:
  a) use our Mcente in any way or take any action that causes, or may cause, damage to Mcente or impairment of the performance, availability or accessibility of Mcente;
  
  b) attempt to decompile or reverse engineer Mcente;
  
  c) use our Mcente in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  
  d) use our Mcente to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  
  e) conduct any systematic or automated data collection activities including scraping, data mining, data extraction and data harvesting on or in relation to Mcente without our express written consent;
  
  f) Access or otherwise interact with Mcente using any robot, spider or other automated means, except for the purpose of search engine indexing;
  
  g) Use data collected from Mcente for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].
2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
Registration and accounts
1. To be eligible for an account on Mcente, you may be resident or situated in any part of the globe.
2. You may register for an account with Mcenteby completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
3. You must not allow any other person to use your account to access Mcente.
4. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5. You must not use any other person's account to access Mcente unless you have that person's express permission to do so.
Service Fees
1. The Customer acknowledges and agrees that provision of the Service shallbe subject to such charges fees tariffs commissions disbursements costsexpenses taxes and duties advised to the Customer as the Bank shall from time to time in its sole andabsolute discretion determine.
2. The Customer agrees to pay such chargesfees and commissions as and when they fall due and hereby authorizes the Bank to debit its Account with any and/or all the above mentioned chargesfees tariffs commission disbursements taxes duties costs and expenseswhatsoever without further reference to the Customer.
3. The Customer understands that the contracts with the Cellular ServiceProviders may provide for fees limitations and restrictions which mightimpact the use of the Service including but not limited to data usage or SMSof or interaction with the Service and the Customer agrees to be solely responsible for all such fees limitations and restrictions.
4. The Bank shall at all times have the discretion to vary or amend and/or revise the costs expenses charges fees tariffs commissions’ disbursements payable for the Service.
5. The Bank shall notify the Customer of any changes to the costs expenses charges fees tariffs commissions and disbursements by such means as the Bank shall determine suitable.
6. Any transactions conducted on behalf of the Customer after a notification by the Bank to the Customer of a change in charges fees tariffs commissions and/or disbursements (howsoever effected) shall imply the Customer’s acknowledgement and acceptance of the fees.
User login details
1. If you register for an account with our website, you will be asked to choosea user ID and password.
2. Your user ID must not be liable to mislead you may not use your account or user ID for or in connection with the impersonation of any person.
3. You must keep your password confidential.
4. You must notify us in writing immediately if you become aware of any disclosure of your password.
5. You are responsible for any activity on Mcentearising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Closure and suspension of account
1. We may:
  (a) suspend your account;
  
  (b) Closeyour account; and/or
  
  (c) edit your account details.
  Below are the instances to warrant Closure or suspension;
  1. If a user is deemed to be carrying out malicious activities e.g. Denial of service attacks, penetration testing, SQL injection, cross site scripting.
2. You may cancel your account on Mcente by an email request to our support team on info@Mcente.co.ke
  1. The closure of the Accounts by the Customer will automatically terminate the Service.
  2. The termination of this Contract shall be without prejudice to all accrued rights and obligations of the Bank and the Customer under this Contract and to all obligations under this Contract expressed to continue or take effect after expiration or termination.
Your content: license
1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to Mcentefor storage or publication on, processing by, or transmission via, Mcente].
2. You may edit your content to the extent permitted using the editing functionality on Mcente.
3. You own all of the content and information you post on Mcente and you can control how it is shared.
4. When you delete content, it is deleted but may persist in backup copies for a reasonable period of time (but will not be available to others)
Privacy Policy
1. We will collect and use of personal information solely with the objective of enhancing services and for other compatible
2. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
3. We will make readily available to customers information about our policies and practices relating to the management of personal information.
4. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Your content: rules
1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not be;
  1. libelous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be in breach of any contractual obligation owed to any person;
  10. be blasphemous;
  11. be in breach of official secrets legislation;
  12. be in breach of any contractual obligation owed to any person;
  13. depict violence in an explicit, graphic or gratuitous manner;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
  18. cause annoyance, inconvenience or needless anxiety to any person.
Records
1. The authority to record the Instructions and transaction details is hereby expressly granted by the Customer to the Bank.
2. The Customer understands and agrees that the Bank may at its sole and absolute discretion record any and all the transaction details information or Instructions relayed and store the same in such form and manner as it deems necessary and appropriate.
3. The Customer further agrees that the transaction details information and/or Instructions so stored may be relied upon by the Bank or its affiliates and may be made known to any person who may reasonably require the same and/or produced in evidence in any proceedings or otherwise.
4. All records of the Bank relating to the Account and/or arising out of the use of the Service including the recorded time of the transaction and the Customer originating the transaction shall be conclusive proof of the authenticity and accuracy of the transactions in the Account.
Breaches of these terms and conditions
1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  (a) Send you one or more formal warnings;
  
  (b) Temporarily suspend your access to Mcente;
  
  (c) Permanently prohibit you from accessing Mcente;
  
  (d) Block computers using your IP address from accessing Mcente;
  
  (e) Contact any or all of your internet service providers and request that they block your access to Mcente;
  
  (f) Commence legal action against you, whether for breach of contract or otherwise; and/or
  
  (g) Suspend or delete your account on Mcente].
2. Where we suspend or prohibit or block your access to Mcente, you must not take any action to circumvent such suspension or prohibition or blockingincluding without limitation relating and/or using a different account.
Variation
1. We may revise these terms and conditions from time to time.
2. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of Mcentefrom the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using Mcente.
Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Amendment Of Terms & Conditions Governing Accounts
1. The Bank reserves the right to modify vary or amend these Mcente Terms and Conditions and or the tariffs and charges payable for the Service at any time. The Customer will be notified of any such changes in the bank website at www.Mcente.co.ke . The Customer agrees that any addition to or alteration of these Mcente
  Terms and Conditions or any variation to the tariffs and charges made from time to time by the Bank of which notice has been given to the Customer in the manner aforesaid shall be binding upon the Customer as if the same were set out and contained in these Mcente Terms and Conditions.
Force Majeure
1. The Bank shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of its obligations under these Mcente Terms and Conditions if the delay or failure was due to any cause beyond the Bank’s control. Without prejudice to the generality of the foregoing the following shall be regarded but not limited to as causes beyond the Bank’s control: acts of God national emergency war prohibitive governmental action riots strikes civil disturbance storm fire flood earthquake terrorist activities and bomb explosions.
Entire agreement
1. These terms and conditions, together with our privacy policy shall constitute the entire agreement between you and us in relation to your use of Mcente and shall supersede all previous agreements between you and us in relation to your use of Mcente.
Law and jurisdiction
1. These terms and conditions shall be governed by and construed in accordance with Tanzanian law.
2. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Tanzania. 23 Our details
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Terms & Conditions of Use

MCENTE TERMS AND CONDITIONS OF USE

These Terms are a legal agreement between you and Mcente that governs your access to and use of Mcente service. Please review this entire Terms of Service before you decide whether to accept it and continue with the registration process.