1. Information Collection The categories of information we collect from Users differs from what we collect from those who qualify as Clients. Examples of instances when we collect Personal Information include:
● when you register to open an account either as a User or a Client,
● when you contact our client service organization with questions, or
● when you agree to enter one of our Client Agreements.
1.1 Information We Collect About You
When you access the Website, the Company will learn certain information about you during your visit.
Information You Provide To Us The Website includes various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website. We use the information you provide to us to deliver the requested product(s) and/or service(s), to improve our overall performance, and to provide you with offers, promotions, and information.
Information We Collect From Users and Clients
Personal information we collect and process includes but is not limited to:
● Email address
● Date of birth
● Location address
● Phone number
● Device location
Information We Collect From Clients Clients must provide us with additional Personal Information in addition to the information described above, including but not limited to (see our Client Agreement)
● your full legal name, contact information, birth date, citizenship, and marital status;
● the full legal name, relation and birth date of any beneficiaries that Clients choose to list;
● for purposes of identity verification, government-issued identification documents and self-portrait photographs (“selfie or passport photo”); and
● Investment goals, Net salary, saving amount, tax information, banking details and other information required by the government and industry laws and regulations (see our Client Agreement) You are not required to provide these items to us to become a User, but Users who choose not to provide these items to us will not be able to become Clients.
1.2 Information Regarding Children Due to the nature of our business, Africa's Pocket Investment platform is not intended for individuals under the age of 18. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].
1.3 Information We Collect Through Automatic Data Collection Technology As a User or Client navigating through our Website, we may use automatic data collection technologies, including Google Analytics, to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type. We use this information to improve your experience with our Website and applications. The Information We Collect Automatically Is Used For Statistical Data And Will Not Include Personal Information We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information
3. Email Information If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
3.1 Email Policies We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information. We will maintain the information you send via e-mail in accordance with applicable laws. In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
4. How And Why We Collect Information The Company collects your information in order to record and support your participation in the activities you select. If you register to download a book or resources, sign up for our newsletter, use our application(s), and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information. If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to email@example.com requesting to unsubscribe from future emails.
5. How Do We Use The Information That You Provide To Us? We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers. From time to time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, third parties will receive your information. From time to time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.
6. Disclosure Of Your Information As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action. We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you. We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company. We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business. We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.
7. Retaining Your Information We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws:Africa’s Pocket Limited 2nd Riverside Drive +254 741 66 55 01 | [email protected] 1. Some data is deleted or anonymized automatically after a set period of time, such as advertising data in server logs or content filled out in calculators in our free resources. 2. We keep some data until you delete your Africa’s Pocket Account, such as information about how often you use our services. 3. And some data we retain for longer periods of time when necessary for legitimate business or legal purposes, such as security, fraud and abuse prevention, or financial record-keeping. When deleting data, we follow a deletion process to make sure that your data is safely and completely removed from our servers or retained only in anonymized form. We try to ensure that our services protect information from accidental or malicious deletion. Because of this, there may be delays between when you/we delete something and when copies are deleted from our active and backup systems.
8. Data Transfers As we grow and evolve our service, we will maintain servers around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy. We also comply with certain legal frameworks relating to the transfer of data, such as the EU-US and Swiss-US Privacy Shield Frameworks. When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.
9. How Do We Protect Your Information And Secure Information Transmissions? We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors. Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information are never transmitted via email. The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. We recommend that you use a separate password for the Investment Platform account that you do not use for other online accounts, and that you sign off when you finish using a shared computer. The Company takes reasonable steps, endeavoring to use appropriate technical or organizational measures, to protect your personal information from loss, misuse, unauthorized access, alteration, disclosure, or destruction. However, no Internet, email, or electronic operating system that enables the transmission of data is ever fully secure or error-free, therefore we can not ensure or warrant the security of any information you transmit to us.
10. Security To protect your Personal Information from loss, misuse, unauthorized access, alteration, disclosure, or destruction, the Company takes reasonable steps, attempting to use appropriate technical or organizational measures. However, no Internet, email, or electronic operating system that allows data transmission is ever completely secure or error-free; as a result, we cannot guarantee or warrant the security of any information you transmit to us.
Visitors’ GDRP Rights If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include We will retain any information you choose to provide to us until the earlier of:
1. you ask us to delete the information,
2. our decision to cease using our existing data providers, or
3. the Company decides that the costs of retaining it outweigh the value in retaining the data.
You have the right to request access to your data that the Company stores and the right to either rectify or erase your personal data. You have the right to seek restrictions on the processing of your data. You have the right to object to the processing of your data and the right to the portability of your data to the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent. You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation. We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
1. Here’s what you need to know
1.1 Binding Effect
For the purpose of this Binding Effect:
User: is an individual who uses our website to evaluate our service, or for educational purposes
Client: is an individual who signs our Client Agreement and gives consent that entitles the Client to have her or his investment(s) managed by Africa’s Pocket.
1.3 Governing Law
These Terms shall be construed in accordance with and governed by the laws of the Republic of Kenya, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in Kenya in all disputes arising out of or related to the use of the Website.
2. Access to Services
In order to access certain features, materials, videos, and other course content of Africa's Pocket, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account.You are solely responsible for the security of your password and other User Account information. You agree not to share your password with anyone, and you agree to notify Africa's Pocket immediately if your password is lost or stolen, or if you suspecting unauthorized use of your User Account. As a User, you agree that you are solely responsible for any activities or actions that occur under your User Account, whether or not such activities or actions have been authorized by you
In order to access and use certain areas or features of the Services, you may be required to register for an account. If you create an account via our Services, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (d)immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services.
2.2 Terms of All Services
Price; Payment Plans. The price for any Premium Services will be made available via the Website at the time of purchase or subscription. You may pay for access to Premium Services in full at the time of your purchase or pursuant to any installment payment plan that we make available.
Installment Payment Plans. If you select an installment payment plan, you hereby grant the Company permission to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete, and accurate.
Valid Payment Methods. Only valid payment methods acceptable to us, or undesignated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid,your order may be suspended or canceled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
Automatic Renewal Terms. Certain Services have ongoing subscriptions(“Subscriptions”). By enrolling in a Subscription program, you agree that a Subscription fee will be billed at the price you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel. If you do not wish for your account to renew automatically, or if you want to change or cancel your Subscription, please email us [email protected] or [email protected]. If you cancel your Subscription within the specified 30-day period after your subscription period begins, your Subscription will be terminated immediately and you will no longer be able to access the Subscription Services. If you cancel your Subscription after the 30-day period specified above, you may use your Subscription until the end of your then-current subscription term, and your Subscription will not be renewed thereafter. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current Subscription period.
Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you don't pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale,and the Company reserves the right to collect such taxes or other fees from you atany time.
2.3 Terms of Service for the Investment Platform
You agree that the information you provide to us when subscribing for an account on our website is true, accurate, current, and complete.You agree not to use the Platform in any way or engage in any activity that may damage, disable, impair, or negatively affect the Platform's use, or interfere with another user's use, legal rights, or enjoyment of the Platform. Further, You agree not to remove any text, copyright, or other proprietary notices contained in the content downloaded from the Platform.
Further, You undertake to not:
a. Circumvent, disable, or otherwise interfere with security-related features of Africa’s Pocket LTD or features that prevent or restrict the use or copying of any content or User information;
b. Upload, email, transmit, provide, or otherwise make available:
● any User or Client information that you do not have the lawful right to use,copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
● any user or Client information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
● unsolicited or unauthorized advertising, promotional materials, junk mail,spam, chain letters, pyramid schemes, or any other form of solicitation; or
● any personal information that is unlawful, obscene, harmful, threatening,harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity, are deceptive,
threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Africa’s Pocket LTD; or
● any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host, or network, including without limitation overloading,flooding, spamming, mail-bombing, or sending a virus to Africa's Pocket LTD; or
● any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
c. Use any meta tags or other hidden text or metadata utilizing Africa’s Pocket LTD name, trademark, URL, or product name;
d. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Africa’s Pocket LTD to send altered, deceptive, or false source-identifying information
e. Interfere with or disrupt (or attempt to interfere with or disrupt) any Africa’s Pocket LTD web page, server, or network, or the technical delivery systems of Africa’s Pocket LTD's providers, or disobey any requirements, procedures,policies, or regulations of networks connected to Africa’s Pocket LTD.
f. Attempt to probe, scan, or test the vulnerability of any Africa’s Pocket LTD system or network or breach or impair or circumvent any security or authentication measures protecting Africa’s Pocket LTD;
g. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Africa’s Pocket LTD;
h. Attempt to access, search, or meta-search Africa’s Pocket LTD or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Africa’s Pocket LTD or other generally available third- party web browsers, including without limitation any software that sends queries to Africa’s Pocket LTD to determine how a website or web page ranks;
i. Violate the terms of service or any other rule or agreement applicable to you or Africa’s Pocket LTD’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
j. Collect or store personal information about other Users or Clients without their express permission;
k. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
l. Solicit any User or Client for any investment or other commercial or promotional transaction;
m. Violate any applicable law, regulation, or ordinance;
n. Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
o. Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
p. Copy or use the information, content, or data on Africa’s Pocket LTD in connection with a competitive service (as determined by Africa’s Pocket LTD);
q. Monitor Africa’s Pocket LTD’s availability, performance or functionality for any competitive purposes
s. Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of Africa’s Pocket LTD or content thereon by any person, please contact Africa’s Pocket LTD to report any abuse. Africa’s Pocket LTD has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see Africa’s Pocket LTD Copyright and Intellectual Property Policy for further information.
Failure to Pay. A failure to pay maintenance fees related to the Services will be put in a grace period of 30 days during which you can access all Services and accrue interest on deposits. Beyond this 30-day grace period, interest accrual will be paused and the Services limited - the account will be considered “paused/inactive”. The client has the ability to resume paying maintenance fees at any point (“reactivate” account) which will coincide with the continuation of the accrual of interest.
2.4 Terms of Service for Courses Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time Africa’s Pocket operates the Website and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Website and programs at our sole discretion, so, where available, be sure to download any material you want to keep since you’ll no longer have access to the membership area after access ends. For Subscription programs, you will only receive access to the Services during the term of your subscription, subject to the requirement to be in “good standing” with all other programs set forth in Section 4f) above.
○ Refunds. Please consult our refund policy at https://www.africaspocket.com/terms-and-conditions (“Refund Policy”) for information regarding any refunds that may be available for any Premium Services. To be eligible for a refund, you must make a refund request through our customer service team ( [email protected]) within the applicable time period set forth in the Refund Policy.
○ No Cancellations. Other than in connection with our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments
○ Failure to Pay. A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.
○ Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such errors and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.
3. Alerts, Notifications, and Service Communications You automatically sign up for various types of alerts via e-mail and mobile notification when you create a User Account. When you are logged in, you can customize, modify, and, in some cases, deactivate alerts by adjusting the settings. We never include your password in these communications, but if you are a Client, we may include your name, email address, and information about your portfolio(s). These alerts will be viewable by anyone who has access to your e-mail or mobile device. You have the option to unsubscribe from marketing emails at any time.
4. Use of Software The Company may make certain software/tools/materials available to you from the Website. If you download software/tools/materials from the Website, the software/tools/materials, including all files and images contained in or generated by the software/tools/materials, and accompanying data (collectively, “Software”) are deemed to be licensed to you by the Company, for your personal, non-commercial, home use only. The Company does not transfer either the title or the intellectual property rights to the Software, and the Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. If you are found to be using the Software or Content for commercial purposes, the Company reserves the right to terminate your access to the Services immediately with no refunds
5. Trademarks The Company logos, the look and feel of the Services, and any other product or service name, logo, or slogan contained in the Services are trademarks, service marks, and/or trade dress of the Company or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of Company or the applicable trademark holder. Any authorized use of such trademarks, service marks, and/or trade dress must be in accordance with any guidelines provided by the Company. 6. Eligibility The Website is intended only for users aged 18 years or older. Have the capacity to enter into legally binding contracts; provide details of your personal information requested during our KYC onboarding process; complete our onboarding process and agree to this Agreement. Individuals under the age of 18 years are strictly prohibited from using the Website and the accounts for any such person shall be terminated upon discovery. Other Eligibility Qualifications:
● Is not less than eighteen years of age ● Is of good character ● Is of good standing ● Is of sound mind ● Has paid the prescribed monthly or annual fee
7. User Content
You grant the Company a license to use the materials you post to the Website or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Website or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
9. Compliance with Intellectual Property Laws When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
10. Copyright and Limited License Unless otherwise indicated, the Services, including all content, video, and other materials made available via the Services, are the proprietary property of the Company and its licensors and are protected by international copyright laws. Any use, copying, redistribution, and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the proprietary property of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video, and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms. You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to: (a) resell, lease, rent or sublicense any Services or any access to the Services or any content, video and other materials on or made available via the Services; (b) copy, distribute, publicly perform or publicly display any Services or any content, video and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video and other materials on or made available via the Services; (d) download (other than page caching) any content, video and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video and other materials on or made available via the Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
12. No Warranties Company hereby disclaims all warranties. The Company is making the website available “as is” without warranty of any kind. The Services are provided for informational purposes only and should not be construed as legal, financial, or other professional advice or, unless otherwise expressly stated, as the Company’s official position on any subject matter. The Services should not be relied upon for purposes of transacting in securities or other investments. Company does not represent or warrant that (a) the Services are accurate, complete, reliable, current, or error-free, or (b) the Services or our server(s) are free of viruses or other harmful components. You should use industry-recognized software to detect and disinfect viruses from any download from the Services. Except as expressly provided to the contrary in a writing by the Company, the Services are provided on an “as is” basis without warranties of any kind, and, to the fullest extent permitted by applicable law, the Company disclaims all statutory and implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. You assume the risk of any and all damage or loss from the use of or inability to use, the Website or the Service.
13. Limited Liability The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of Africa’s Pocket LTD, content and/or user information, including but not limited to the quality, accuracy, or utility of the information provided as part of or through Africa’s Pocket LTD or for any investment decisions made on the basis of such information, whether the damages are foreseeable and whether or not Africa’s Pocket LTD has been advised of the possibility of such damages. ) arising out of or in connection with your use of the Website or any other materials or Services provided to you by the Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
● For a User who is not a Client You understand and acknowledge that the financial, saving and investment results you could obtain from our website, courses and financial insights provided by Africa’s Pocket LTD, cannot be guaranteed and thatAfrica’s Pocket LTD cannot be held responsible. All investments entail a risk of loss and that you may lose money. Investment management services may be offered to individuals who become clients, at the sole discretion of Africa’s Pocket LTD. Your election to engage our investment management services are subject to your explicit enrollment and acceptance of the separate Client Agreement. You agree and understand that your use of Africa’s Pocket LTD is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own financial research and investment decisions, that f Africa’s Pocket LTD is only one of many tools you may use as part of a comprehensive education process, that you should not and will not rely on Africa’s Pocket LTD as the primary basis of your investment and financial decisions and, except as otherwise provided for herein, Africa’s Pocket LTD will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of f Africa’s Pocket LTD or information you otherwise see on our website.
14. Confidential Information: Non-Disclosure ○ You acknowledge that certain content, videos and other materials made available via the Services constitute the Confidential Information of the Company. “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating to our courses, business, products, processes, and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public and are disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information. ○ Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with this Agreement. ○ The foregoing obligations shall not apply to the extent that Confidential Information: i. must be disclosed to comply with any requirement of law or order of a court or administrative body; ii. is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; iii. is known or generally available to the public through no act or omission of you or us in breach of this Agreement; or iv. is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of this Agreement. You hereby agree that any unauthorized disclosure of Company’s Confidential Information may cause immediate and irreparable injury to Company and that, in the event of such breach, Company will be entitled, in addition to any other available
remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
16. Prohibited Uses Company imposes certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation,
a. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
b. attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization
c. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
d. using the Website or Service to send unsolicited emails, including, without limitation, promotions, or advertisements for products or services; e. forging any TCP/IP packet header or any part of the header information in any
e-mail or in any posting using the Service; or
f. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
19. Amendments The Company reserves the right to amend these Terms. Should the Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall clearly publish on the Website the fact an amendment is being made. You may contact us to discuss the proposed changes with us. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the Website. All amendments to the Terms shall be forward-looking.
20. Feedback Your feedback is welcome and encouraged. You may submit feedback by emailing us at [email protected] or [email protected]. You agree, however, that (i) by submitting unsolicited ideas to Africa’s Pocket LTD or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Africa’s Pocket LTD. You hereby assign and agree to assign all rights, titles, and interests you have in such feedback and ideas to Africa’s Pocket LTD together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.
You need to read this document It sets out the general terms and conditions of our personal and electronic banking relationship with you. These terms and conditions apply to each product and all services including the electronic services we agree to provide to you from time to time. They apply in addition to other documents including the product terms and the tariff booklet, but they do not apply to any existing facility, product, or service we provide to you to the extent that they are subject to separate terms and conditions.
How to contact us
To discuss any aspect of our relationship please contact us either by using phone/WhatsApp at +254 741 665501 or through our email at [email protected] or by visiting our website www.africaspocket.com Africa’s Pocket is committed to comply with economic sanctions that are imposed by relevant regulatory authorities. As such, we do not allow our products and services to be used directly or indirectly in countries that are subject to such sanctions. Please note that you will not be able to contact us via phone banking, facsimile transmission, or emails, or access our website, and will not be able to provide you with financial services if you are in these countries.
You acknowledge that there are inherent risks in conducting transactions over the internet or electronic networks and you have voluntarily assumed those risks.
● The agreements may be amended from time to time without prior notice to or consent from you.
● The current and applicable agreements will be available on the Africa’s Pocket’ website at www.africaspocket.com (the “Site”)
● You will check the Site for amended versions of the agreements.Africa’s Pocket Limited 2nd Riverside Drive +254 741 66 55 01 | [email protected]
● By keeping your client account with Africa’s Pocket or by continuing to use services provided by Africa’s Pocket and/or Africa’s Pocket SACCO without objecting to amendments or new versions of any of the agreements posted on the site or the app, you agree to and accept all terms and conditions of any amended agreements, including any new or changed terms or conditions.
● Important notice regarding arbitration: when you agree to the client agreement you are agreeing to resolve any dispute between you and Africa's Pocket and Africa’s Pocket SACCO through binding, individual, private arbitration rather than in court. Please review carefully the “Dispute Resolution” portion of the Client Agreement for details regarding the waiver of your right to resolve disputes in court in favor of private arbitration. CLIENT ACKNOWLEDGES RECEIPT OF A COPY OF THE CLIENT AGREEMENT, INCLUDING THE ABOVE-REFERENCED ARBITRATION CLAUSES. Further, by clicking that you agree during the application process, you also acknowledge and agree that:
● Two different affiliated entities, Africa’s Pocket and Africa’s Pocket SACCO, will provide you with services pursuant to the Agreements described above.
● Africa’s Pocket and Africa’s Pocket SACCO have separate agreements with you that allocate separate sets of rights and obligations between you and each of them.
● Africa’s Pocket is not responsible for the obligations of Africa’s Pocket SACCO, and Africa’s Pocket SACCO is not responsible for the obligations of Africa’s Pocket.
● Africa’s Pocket and Africa’s Pocket SACCO do not indemnify each other in connection with any of the Agreements.
● Africa’s Pocket and Africa’s Pocket SACCO may, subject to applicable laws and regulations, engage vendors or other contractors to assist in the fulfillment of their respective duties under the Agreements.
● The services you receive are sufficient consideration for you to enter into the Agreements.Africa’s Pocket Limited 2nd Riverside Drive +254 741 66 55 01 | [email protected]
● If you opt-out to any of these Agreements or portions of these Agreements, Africa’s Pocket may choose to terminate the Client Agreement with you, and your account with Africa’s Pocket SACCO will subsequently be closed.
1. Representation and Warranties
The Client represents and warrants to Africa’s Pocket Limited as follows:
a. The Client warrants that they have reached the age of 18 years and have total capacity, authority and power to enter into this Agreement;
b. The Client confirms that they have all necessary consents and authorizations and have taken all the required action to enable them to lawfully enter into and perform this Agreement and such Transactions;
c. This Agreement takes effect as of the date of the Client’s first Transaction
d. This Agreement, each Transaction, and the obligations created under them both are binding upon you and enforceable against you in accordance with their terms and do not and will not violate the terms of any regulation, order, charge, or agreement by which you are bound;
e. Any information which The Client provides or has provided to us whether, in respect of their financial position, domicile, or other matters is accurate and not misleading in any material respect;
f. Client is the beneficial owner or co-owner of all cash and Securities in the Account, and there are no restrictions on the pledge, hypothecation, transfer, sale or public distribution of such cash or Securities.
g. Client acknowledges that Africa’s Pocket Limited retains full discretion over Client Portfolios, and that the Client cannot force exclusions or restrictions of specific investments recommended by Africa’s Pocket Limited as part of the investment portfolio
h. Client has provided, and will continue to provide, Africa’s Pocket and Africa’s Pocket SACCO with complete, current, and accurate information about Client’s identity (KYC), background, net worth, investing timeframe, other risk considerations, and will promptly update that information as Client’s circumstances change
i. It will be the Client’s responsibility to read all information provided by Africa’s Pocket related to transactions in the Client’s Account, including advice available to the Client on the Site. Client further agrees that Africa’s Pocket will only transmit such information via email, the App, and/or the Site and has no obligation to deliver any investment advice or recommendations to Client in another manner, for example, via telephone or in an in-person meeting. Client agrees that it is Client’s obligation to monitor all communications available from Africa’s Pocket via email, on the Site, and in the App.
j. Client agrees to use Africa’s Pocket’s and Africa’s Pocket SACCO’s services solely for Client’s personal, non-commercial use, and not in connection with any competitive analysis (as determined by Africa’s Pocket).
k. Client acknowledges and agrees that their Account is subject to the laws and regulations of various governmental and self-regulatory organizations, which at times may require Africa’s Pocket and its affiliates to take action with respect to their Account, including, but not limited to, suspending, restricting, or terminating transactions and transfers.
l. If Client specifically provides a photograph of Client's likeness and/or other personal identifying information to Africa’s Pocket Limited for the purpose of public display, then Client hereby grants permission to Africa’s Pocket Limited to use the provided photograph of Client's likeness, Client's name and/or other personal information, in a commercially reasonable manner on its website www.africaspocket.com (the “Site”) or its related mobile application (the “App”), on any related and/or affiliated sites, and in marketing materials now and in the future, until such time as this Agreement is terminated by either party. Client waives any and all rights to compensation as a result of such use of Client’s explicitly provided photograph of Client's likeness, Client's name and/or other information.
2. Investments and Fees 2.1 The Minimum Fund Deposit
These are the continuous monthly contributions that The Client should make to the platform the entire time they are active
2.2 Monthly contributions
● Monthly savings/investment - minimum of KES 5,000
● Monthly Maintenance fee - KES 1,000
I. Africa’s Pocket SACCO will not accept any investment below KES 5,000
II. This amount can be deposited through mobile banking, or direct deposit
III. The Client’s investment can be accessed through withdrawal
2.3 Subscription Schedule and Fees
Note: Revisions to any fees will not be made retroactively (e.g, if the account setup fee is raised from KES 6,000 to KES 10,000, clients who were charged KES 6,000 will not pay an additional amount)
Account setup/Onboarding fees Clients will pay a one-time account setup fee of KES 6,000.
Account Maintenance feesMonthly Maintenance Fee (paid 12x per year) KES 1,000
Annual Maintenance Fee (paid 1x per year, an KES 10,000alternative to Monthly Fee) Note: These maintenance fees do not include additional transfer fees levied by payment platforms (e.g, MPESA, RTGS, etc.). These will be passed onto the client in a transparent manner, and in line with our pro-rated cost-sharing system, as detailed in the Transaction Costs section of this Agreement.
Management fees In addition to the maintenance fees, Africa’s Pocket Limited charges a 2% annual management fee on total assets managed
2.4 Interest Earned Per Annum The return of your portfolio is based on market conditions and the opportunities available. With current market conditions, we project returns of 11-13.5% p.a. for long-term goals (2 years+) and 7-8% p.a. for short-term goals. You can track your annualized return & absolute interest you’ve earned on your dashboard and in your detailed goals view. We’ll also share our overall portfolio performance at the end of each financial year during our AGMs.
2.5 Lock-in Period Investments may be subject to a lock-in period. Clients will be advised of this at the time of investment.
2.5.1 Long Term goals For all long-term investment goals, clients will be subject to a two-year lock-in period 'on the day’ the goal is set. During this period, clients will not be able to access their funds, even with penalties. After the two-year lock-in period, clients can access their funds in advance, but with a penalty if they withdraw before the maturity date.
2.5.2 Short Term goals For short-term investment goals, there is a 90 day lock-in period. After the lock in period, clients who withdraw early will attract a penalty and the processing may take up to 7 days. Normal withdrawals will take 2-3 days, with no penalties.
2.6 Closing/Updating/Changing Goals & Reallocating Funds
● Changing Goal Names: Clients can change the names of their goals once the implementation is complete. Clients have the option to rename their goals, but they cannot modify the timeline. It's important for clients to focus on the timelines when setting up goals.
● Reallocating Funds: Clients can reallocate their funds from one goal to another within the same short-term or long-term category, such as reallocating funds from a house goal to a car goal.Africa’s Pocket Limited 2nd Riverside Drive +254 741 66 55 01 | [email protected]
● Locked Goal Timelines: Once a client sets their goals, the timelines for those goals will be locked and communicated to the client through a screen that distinguishes between long-term and short-term goals.
● Main Dashboard Distinction: On the main dashboard, there will be a clear distinction between long-term and short-term goals to avoid any confusion or misunderstandings.
2.7 Investment Performance Users who become Clients may have different outcomes than those reflected in available hypothetical data and graphs provided. The possibility of loss and gain exists, which may or may not be reflected in hypothetical data. The hypothetical performance results displayed do not represent actual investment results obtained with Client assets but were obtained using a backdating application model. Investors should carefully review all additional information presented by Africa's Pocket SACCO as part of any hypothetical comparison. Asset allocation decisions will be determined by Africa’s Pocket Limited and supported by the Management Committee of Africa’s Pocket SACCO who ensure that investments are in line with Africa’s Pocket SACCO Investment Policy. These decisions will potentially be supported by 3rd-Party service providers. To drive performance and manage risk, Africa’s Pocket Limited will invest in a diversified portfolio including (but not limited to), MMFs, Real Estate, and Bonds. Client understands and agrees that
(A) neither Africa’s Pocket Limited or Africa’s Pocket SACCO guarantee the performance of their investment, guarantees a profit, or protects against losses, including the loss in principal value;
(B) the Account is not insured against loss of income or principal;
(C) there are significant risks associated with investing, including, but not limited to, the risk that the Account could suffer substantial diminution in value, and this risk applies even when the Account is managed by an investment adviser;
(D) the past performance of any benchmark, market index, or other Security does not indicate its future performance, and future transactions will be made in different Securities and different economic environments;
(E) there are significant risks associated with any investment program and with exposure to the securities markets and other eligible assets markets. Client understands and agrees that an Account’s composition and performance may be different for a variety of reasons from those in any initial Plan made by a Client. These differences can arise each time the Investment Plan is adjusted or rebalanced, including, but not limited to, the following instances:
(A) when the Account is established and the initial Securities positions are established;
(B) when Client contributes additional capital to such Account;
(C) when Client revises their Investment Profile, makes any elections or changes to their allocations, or takes any other action that causes Africa’s Pocket to revise the existing Plan;
(D) each time the Fees are charged and paid from such Account; and
(E) any time Africa’s Pocket adjusts its algorithm by which the composition of the Account is maintained as specified for the Plan. On any such adjustment, Africa’s Pocket may adjust the Plan in its discretion to approximate the composition specified in the Plan as closely as reasonably practicable based on the conditions at the time. Client understands and agrees that the prices of Securities purchased or sold for the Account may be less favorable than the prices for similar transactions made by other companies/organizations
2.8 Transaction costs Africa's Pocket Sacco is committed to providing affordable and cost-efficient services to the client. In accordance with our pro-rated cost-sharing system, all transaction and commission costs incurred during deposits and withdrawals shall be covered by the client, on a pro-rated basis. The pro-rated cost-sharing system shall be applied fairly, taking into consideration the total amounts deposited/withdrawn and the client's contribution to the SACCO. This approach helps to ensure that the pricing and costs of our services remain reasonable and accessible to the client
3. Account Management 3.1 Withdrawal
1. Normal withdrawal process:
● The withdrawal process from short-term investments and your emergency fund typically takes 3 to 4 working days to complete, and the funds can be returned to them within 3 to 4 working days.
● Withdrawals from long-term goals may take up to 7 days to process
2. For early withdrawals, expect the following timelines & penalties:
Emergency Fund are eligible for 1 free withdrawal every 3 months.
Any additional withdrawals will attract a withdrawal fee of KES. 500.
Other short term goals - up to 7 working days, & a KES. 2,000 early withdrawal fee
Long-term goals - 8-12 weeks (available after 2 year lock-in period), KES. 5,000 early withdrawal fee + the last 12 months of interest earned on this goal
3.2 Termination Company reserves the right, without advance notice and in its sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services.
3.2.1 Death, Disability, or Divorce Upon receiving notice of Client’s death, disability, incompetency, or divorce, Africa’s Pocket may restrict disbursements and other Account transactions, until satisfactory documentation is received. If a Client is an individual, the Client’s death, disability or incompetency will not automatically terminate or change the terms of this Agreement. However, the Client’s executor, guardian or attorney-in-fact may terminate this Agreement by giving written notice to Wealthfront Advisers. In the event that Client is a joint Account holder, all joint Account holders agree that if the Account or assets therein ever becomes the subject of a dispute between Account holders, and Africa’s Pocket becomes aware of the dispute, Africa’s Pocket may refuse to disburse or allow for the termination of this Agreement without the consent of both joint Account holders. Further, both Account holders agree that in the event that one Account holder provides instructions to Africa’s Pocket, even if the instructions are to terminate the Agreement and disburse all funds from the Account to one of the Account holders, Africa’s Pocket may do so without the permission of, and without providing notice to, the other Account holder and will have no liability to either Account holder.
3.3 Event of Default Clients who fail to pay maintenance fees related to the Services will be put in a grace period of 30 days during which they can access all Services and accrue interest on their deposits. Beyond this 30-day grace period, interest accrual will be paused and the Services limited - the account will be considered “paused/inactive”. The client has the ability to resume paying maintenance fees at any point (“reactivate” account) which will coincide with the continuation of the accrual of interest. The client will not be charged additional fees for “paused/inactive” months.
3.4 Cessation Of Client Relationship The Client relationship shall cease or be deemed to have ceased concerning any client from the date of - a. Death b. Withdrawal c. Expulsion d. Being certified to be of unsound mind, e. Failure to remit share contributions for a continuous period of six months without valid reasons or leave of the platform f. They do not hold a qualification for client relationship as specified in provided by the Term of Use On cessation of the Client relationship, the Client shall be refunded the following amounts: 1) Any dividends or interests due the Client prior to the date membership ceased 2) Any other sums held by Africa's Pocket SACCO on the Client’s behalf, after deduction of any sum owed to Africa’s Pocket Limited Funds will be withdrawn and disbursed to The Client’s account or account of next of kin, as indicated in the User Account
3.5 Suspension of the Client a. Is convicted in a court of law for a criminal offense involving dishonesty or fraud or is, b. Imprisoned for a period of three months or more, c. Commits acts in any manner prejudicial to the interests of the society, d. Provided that, no client shall remain in suspension for a period of more than 12 months. In the event of the Suspension of the Client, funds interest accrual will be paused, and Services limited - the account will be considered “paused/inactive”. SACCO and Legal undertakings will be conducted. The Client has the ability to resume paying monthly fees at any point (“reactivate” account) which will coincide with the continuation of the accrual of interest. The Client will not be charged additional fees for “paused/inactive” months.
4. Third Party Service Providers Africa’s Pocket Limited will integrate/partner with 3rd Parties (including Africa’s Pocket SACCO) to deliver Services to Clients.
4.2 Independent Contractor Africa’s Pocket Limited is and will hereafter act as an independent contractor and not as an employee of Client, and nothing in this Agreement may be interpreted or construed to create any employment, partnership, joint venture or other relationship between Africa’s Pocket Limited and/or Africa’s Pocket SACCO and Client.
4.3 No Third-Party Beneficiaries Neither party intends for this Agreement to benefit any third party not expressly named in this Agreement.
5. Indemnity a. Client understands and agrees that Africa’s Pocket Limited does not guarantee the performance of the Account and is not responsible to Client for any investment losses, b. the Account is not insured against loss of income or principal; c. there are significant risks associated with investing in Securities, including, but not limited to, the risk that the Account could suffer substantial diminution in value
6. Data Information The Client acknowledges that Africa’s Pocket Limited and Africa’s Pocket SACCO may require further documentation verifying Client’s identity or the identity of the Client’s beneficial owners, if any, and the source of funds used to make payment or deposit to Africa’s Pocket. The Client hereby agrees to provide such documentation as may be requested by Africa’s Pocket Limited and Africa’s Pocket SACCO. Furthermore, the Client acknowledges and agrees that Africa’s Pocket may securely transfer data as required by 3rd Party providers in order for providers to provide their Services. This data will be subject to Data Protection agreements between Africa’s Pocket and the 3rd Party providers. Additionally, Client acknowledges that Africa’s Pocket may release confidential information regarding Client and, if applicable, any of Client’s beneficial owners, to government authorities, if Africa’s Pocket, in its sole discretion, determines after consultation with counsel that releasing such information is in the best interest of Africa’s Pocket and the 3rd Party providers.
7. Client Rights The Client shall have the right to: a. Attend and participate in Africa’s Pocket SACCO annual events b. Be elected to organs of Africa’s Pocket SACCO, c. All legitimate information relating to the society, including, internal regulations, registers, Minutes of general meetings, supervisory committees reports, annual accounts, inventories, and investigation reports, at the society's registered office
9. Dispute resolution Any dispute, controversy, or claim arising from or relating to the agreement between the client and Africa's Pocket or Africa's Pocket SACCO, including but not limited to issues concerning its interpretation, enforceability, construction, or the breach, shall be resolved solely by binding, individual arbitration rather than a class, representative or consolidated action or proceeding. This arbitration will be conducted upon submission of the dispute by either party. In the event of such a dispute, the party raising the issue must notify the other party in writing. The parties' management representatives must meet within 30 days from such notice to attempt to resolve the dispute in good faith. If the dispute cannot be resolved within 30 days, the complaining party must seek remedies solely through arbitration. The demand for arbitration must be made within a reasonable time from when the dispute arises and must not be made later than two years from when the aggrieved party was aware or should have been aware of the dispute. This resolution shall comply with the laws of Kenya and the rules of the Kenyan National Chamber of Commerce. a. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the Kenyan Chamber of Commerce Rules. If Client prevails in arbitration Client will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. b. Effect of Changes on Arbitration: Africa’s Pocket Limited reserves the right to modify this at any time upon 30 days’ written notice to you. Any such modification shall be prospective and shall not affect previously filed claims. By keeping your client account with Africa’s Pocket or by continuing to use services provided by Africa’s Pocket and/or Africa’s Pocket SACCO, you agree to and accept all terms and conditions of any modifications
9.1 Class Action Waiver Client and Africa’s Pocket agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if our Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with Client’s claims and may not otherwise preside over any form of a representative or class proceeding. If any of the specific provisions within this Section are found to be unenforceable, the remainder of this Section shall not be affected thereby and, to this extent, the provisions of this Section shall be deemed to be severable. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this Section, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this Section.
10. Notices All notices and communications under this Agreement must be made through the Site or by email. Africa’s Pocket contact information for this purpose is [email protected], and Client’s contact information for this purpose is contained in Client’s user account on the Site and the primary email address(es) in Client’s Account Application as Client shall update from time to time.
11. Severability and Amendment The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any and all other provisions hereof. Client acknowledges that Africa’s Pocket Limited may amend this Agreement from time to time, which amendment(s) will become effective and applicable to Client when published on the Site or otherwise made available to Clients (except as provided in Fees section) and shall govern the relationship between the Client and Africa’s Pocket during the entire term of this Agreement. Client acknowledges that Client will be responsible for checking the Site and App periodically for such amendment(s) to this Agreement.
12. Waiver or Modification Africa’s Pocket’s waiver or modification of any condition or obligation hereunder shall not be construed as a waiver or modification of any other condition or obligation, nor shall Africa’s Pocket’s waiver or modification granted on one occasion be construed as applying to any other occasion.
13. Entire Agreement This Agreement, together with the Terms and Conditions, is the entire agreement of the parties regarding the subject matter hereof and supersedes all prior or contemporaneous written or oral negotiations, correspondence, agreements, and understandings (including without limitation any and all preexisting client account agreements, which are hereby canceled). However, the parties may choose to enter into separate agreements between them regarding different subject matters or investment programs.
14. Ensign Consent By agreeing to this Agreement, you consent to the use of electronic records and signatures in connection with this transaction. Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement, or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law under the laws of the government of Kenya. You acknowledge that you have the necessary equipment and software to access and retain electronic records, and that your consent to electronic transactions is voluntary. You may withdraw your consent to receive electronic records and signatures at any time by notifying the other party. However, if you withdraw your consent, the other party may terminate this Agreement
15. Power of Attorney Client hereby appoints Africa’s Pocket as Client’s agent and attorney-in-fact with full power and authority to enter into, amend or terminate contracts related to the administration and custody of the Account(s) with Custodian and/or such other administrator and custodian as Africa’s Pocket shall designate from time to time. Client further grants to Africa’s Pocket as Client’s agent and attorney-in-fact with full power and authority to do and perform every act necessary and proper to be done in the exercise of the foregoing powers as fully as Client might or could do if personally present. This power of attorney shall terminate only upon the termination of this Agreement.