These terms form the basis of a contract between (1)you; and (2) Twenifo Technologies.
You have an Employment Contract with your employer. We have agreed to provide services to
your employer under the terms of a Contract. These services include providing and
administering myNGOVO for and on behalf of your employer, and as your employer’s agent.
1 Acceptance of Terms
1.1 PLEASE READ THE TERMS CAREFULLY. ACCESS TO OR USE OF myNGOVO
CONSTITUTES AGREEMENT TO BE BOUND BY THEM.
1.2 When you make your first Request Pay, your employment contract with your employer will
reflect accordingly. This will allow for your employer to (1)get notice of the Request Pay,
(2)allow your employer to make Equalising Deductions on Reimbursement Days.
1.3 You may only use myNGOVO if (a) you are atleast 18;(b)you work in Kenya;and(c) your
employer is based in Kenya.
1.4 Twenifo Technologies may modify these Terms from time to time. If we do, we will(a) notify
you;and(b) put the new terms on myNGOVO, atleast 30 days before the change takes effect.
You will be bound by the new terms, if you use myNGOVO after the changes take effect. If you
do not want to be bound by the new terms you must advise your employer and inform us of your
intentions to close your Account before the 30 day period lapses.
2 Appstore Terms
2.1 myNGOVO includes an App and the Website. The terms and conditions governing,
(a) the download and use of the App are available from the relevant app store
(b) the use of the Website are available on the Website.
2.2 If there is a conflict between (a) the terms and conditions referred to in 2.1;and (b) these
Terms, the former will prevail if the relevant provisions are about the download and use of an
App, or the use of the Website. Otherwise, these Terms will prevail.
3 Privacy and Your Personal Information
3.1 Our Privacy Policy is available(insert link). This policy explains how we use and protect your
personal information. It also forms part of these Terms.
4 Registration Requirements and Accounts
4.1 You will only be able to use myNGOVO, if you register for and activate an Account ;and you
will only be able to do that if you give us your Registration Requirements. When your account
has been activated you will be able to login to see your Registration Requirements information.You will also have access to a ledger of transactions. In order to activate your Account you must
provide us with all the information that we may reasonably request in order to verify your identity.
4.2 You agree not to share, and not to allow anyone else to use your Account, your login ID or
your password.
4.3 If you believe or suspect that (a) your login ID or password have been lost or stolen;(b) a
device that you use to access myNGOVO has been stolen;or (c) someone else has accessed
your Account, you agree to tell us IMMEDIATELY, using myNGOVO or by sending an email to
support@myngovo.co.ke.
5 Contact Details
5.1 You can contact us by email (support@myngovo.co.ke)via myNGOVO. We may contact you
by telephone, via myNGOVO, social media or email using the address provided by your
employer.
6 Accuracy of And Changes To Your Information
6.1 If your Registration Requirements information or your mobile money account information
changes, you agree to tell your employer immediately. Failure to do this might lead to delay in
processing of your Request Pay, Equalising Deductions and Reimbursement Payments. We are
not responsible for any errors,Costs or other issues that might arise;or for any losses you might
suffer, if your information changes and you do not tell your employer immediately.
7 Access to myNGOVO
7.1 Twenifo Technologies grants you a licence to access and use myNGOVO.This licence is for
your personal non-commercial use (only). It cannot be transferred to anyone else. The licence
begins (a) when you register for and activate your Account (b) expires when the deactivation of
your Account takes effect or the Contract comes to an end, whichever occurs first.
8 The myNGOVO Account
8.1 If you register for and activate a myNGOVO Account, you will be able to use myNGOVO to
sed how much you have earned but not yet paid, be able to see the available amount, next
payday and your Equalising Deductions history and other useful information.
8.2 If you make a Request Pay and we choose(in absolute discretion) to accept it, your
employer will be notified of your intention and if we arrange your Advance Payment we will
charge an Origination Fee. Our Origination Fees may vary over time. Your employer has more
information about this.
8.3 Your Request Pay will not be accepted if:
(a) you make it in the period that begins (1)on Reimbursement Day;and (2)ends on the last
day of the relevant Salary Period ;or(b) the amount you are asking for, and the value of the Advance Payments that have
already been made are worth the available limit. (You can check the value of the Advance
Payments that have already been made by checking the current limit;by logging into your
Account)
8.4 We cannot be responsible for any losses you might suffer, if your Request Pay is not
made for any reason whatsoever.
8.5 If an Advance Payment is made, you understand and accept that :
(a) on your next Equalising Deductions day, you will receive (1)your Net salary;less(2)the
Advance Payments made during the relevant Salary Period.
8.6 Your myNGOVO Account is not a bank account ;an electronic money account ;or a
store of value of any kind and cannot be used as if it was.
8.7 You can de-activate your myNGOVO Account at any time by following the instructions
on myNGOVO. However the de-activation will not take effect until:
(a) your employer has paid the Advance Payments you have already requested (if any) ;
(b) your employer has paid youf next Net salary or Equalising Deductions and
(c) you have settled our Origination Fees(if any).
9 Use of the Services
9.1 We may suspend or revoke your right to access and/or use myNGOVO at any time and
for any reason. We may limit the number of Request Pay you can make and the value of the
Advance Payments you may receive in any given period. We will only exercise these rights if:
(a) you de-activate your account
(b) you breach these Terms in a material way
(c) the Contract or your Employment Contract comes to an end;or
(d) we reasonably believe that it is necessary or desirable to do so for legal, regulatory or
security reasons ;or to protect myNGOVO or Twenifo Technologies. This might happen, for
example if we believe your Account has been compromised or that someone else is making
Request Pay on your behalf.
10 Using myNGOVO
10.1 Evey time you make a Request Pay, you warrant that:
(a) you are asking for a payment that is (1)worth less than the amount you have already
earned and are entitled to under the terms of your Employment Contract ;and(2)for an amountyou have not already received, from your employer as part of Advance Payment, or in any other
way.
(b) if Advance Payment is made and you are paid again the same fully during Equalising
Deductions ;you will repay the excess.
10.2 You represent and warrant that (a) you are a legal owner of; (b) you are authorised to
provide your employer with;and (c) your employer is entitled to provide us with the mobile
money account information.
10.3 We may have a legal obligation to identify you, and to verify your identity. To help us
meet these obligations, and for other reasons, we might ask for some information to confirm that
you made a particular Request Pay. You agree that, if we make a reasonable request for some
information or if we ask you to confirm that you made a Request Pay, you will do everything you
reasonably can to give us what we request. You also give us permission to make reasonable
inquiries with your employer and third-parties for the same. If you do not give us what we
request, we may suspend or terminate your use of myNGOVO.
10.4 Your access and use of myNGOVO may be interrupted from time to time for any of
several reasons, including the malfunction of equipment, periodic updating, maintenance or
repair of myNGOVO;we cannot be held responsible or liable for any actual or potential losses
you might suffer, as a result of these service interruptions.
10.5 Twenifo Technologies provides myNGOVO user support via myNGOVO and
endeavours to respond to all queries and issues within 24 hours.
11 Rights You Grant Us and Your Employer
11.1 When you activate your Account, you:
(a) give your employer permission to share your employment and other personal data
with us, if and to the extent that is necessary or desirable to do so to enable (1)us to provide the
service to you;and (2) us and/or your employer to perform our respective obligations under
these Terms of the Contract. This data includes (1)your name;(2) your employee identification
number ; (3) your contact information ; (4) your current and updated gross and net pay; (5) your
mobile money account information; (6)start and end date of employment ;and (7) any fact or
matter that will or might bring your employment to and end such as the giving of notice to
terminate your Employment Contract.
(b) give us your permission to share real-time information about you with your employer
provided the information is limited to (1) the fact that you have opened or closed an Account (2)
the data and amount of every Request Pay you make, every Advance Payment we arrange and
the origination fee we charge.
(c) give us your permission to use and store the information you and your employer give
to us, for the purpose of providing myNGOVO and related services, including providing youremployer with real-time information and analytics about your Request Pay, Advance Payment
and your Equalising Payments.
(d) instruct your employer to make every Net Salary payment due to you, after taking
Equalising Deductions to us from the moment your account has been activated.
(e) accept that you will not be able to make your first Request Pay, until you and your
employer have agreed to necessary changes in your Employment Contract to facilitate use of
myNGOVO.
12 No Unlawful or Prohibited Use
12.1 You represent, warrant and agree that you will not, and that you will not encourage or
knowingly allow others to:
(a) use myNGOVO for an unlawful purpose, or for a purpose that is inconsistent with or
prohibited by the Terms;
(b) licenss, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit myNGOVO, whether in whole or in part, or any content displayed on myNGOVO.
(c) use myNGOVO in a way that could damage, disable, overburden, or impair
myNGOVO, or the servers or networks to or on which myNGOVO relies, or violate the
regulations, policies or procedures to such networks.
(d) upload, transmit, or distribute to or through myNGOVO any computer viruses, worms,
or any software intended to damage or alter a computer system or data.
(e) access myNGOVO by any means other than through the interface provided by us for
use in accessing myNGOVO.
(f) use or attempt to use any engine, software, tool, agent, or other device or mechanism
(including browsers, spiders, robots, avatars or intelligent agents) to navigate or search
myNGOVO.
(g) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software
comprising or in any way making up a part of myNGOVO;or
(h) access myNGOVO in order to build a similar or competitive website, product or
service.
12.2 Unless otherwise indicated,any future release of updates, or other addition to
functionality or content of myNGOVO shall br subject to these Terms. All copyright and other
proprietary notices on myNGOVO (or on any content displayed on myNGOVO) must be
retained.
13 Twenifo Technologies’ Intellectual Property Rights13.1 Except for the Registration Requirements information, all content included or available
in connection with myNGOVO, including any and all materials, information, text, data, contents,
names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images,
graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation,
organisation, assembly, arrangement, interfaces, databases, technology, and all intellectual
property of any kind whatsoever, and the selection and arrangement thereof is owned
exclusively by Twenifo Technologies or the licensors or suppliers of Twenifo Technologies. All
rights are hereby reserved. Neither these Terms, nor your access to myNGOVO, transfers to
you or any third-party any rights, ownership or similar interests in or to such intellectual property
rights except for the limited access rights expressly set forth in section 7(Access to myNGOVO).
There are no implied licences granted under these Terms of Service.
13.2 If you give us any feedback or make any suggestions about myNGOVO, you hereby
transfer to Twenifo Technologies all rights in such feedback. You also agree that we shall have
the right to use and exploit such feedback and related information in any manner we reasonably
consider appropriate.
14 Disclaimer
14.1 Except as expressly set out in these Terms and to the maximum extent permitted by
applicable law:
(a) myNGOVO services, information, data, features and content provided by us is
offered and made available to you on an “as is” and “as available” basis.
(b) we make no representation or warranties of any kind, whether express of implied, as
to the accuracy, reliability, completeness or operation, or continued availability of myNGOVO,
any content on myNGOVO and/or any related services ;and
(c) we make no representation, warranty, or guarantee, whether express or implied, that
the content that may be available on or via myNGOVO or related services is free of bugs,
defects or errors, or any viruses or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage, surreptitiously intercept
or expropriate, any program, system or data.
14.2 You acknowledge that myNGOVO has not been developed to meet your individual
requirements, and that it is your responsibility to ensure that the facilities and functions of
myNGOVO meet your requirements.
14.3 We are not responsible or liable for:
(a) any delays in payment due to, or related to the intervention of any third-party ;and/or
(b) any delays in payment due to, or related to the occurrence of, an administrative or
technical error, or a technical system-related event, which prevents us from performing our
obligations under these Terms, or from communication with you in accordance with these Terms,
and which is not caused by us, and is beyond our reasonable control.14.4 We are not a tax advisor or financial planner ;and we cannot and do not provide legal,
tax or financial advice, whether through myNGOVO or any other way.
14.5 We do not assume any responsibility for the timeliness, accuracy, deletion, non-
delivery, or failure to store information on myNGOVO. The information available cannot be any
better than the information provided by your employer. Please contact your employer if you
have any concerns or questions in this regard.
15 Limitation of Liability
15.1 Without prejudice to the balance of these Terms, we accept no responsibility or liability
for any loss or damage you (or anyone else) may suffer:
(a) if we breach these Terms, save to the extent that the loss and/or damage to you
was reasonably foreseeable when the breach occurred.
(b) if you breach these Terms.
(c) if a third-party gains access to your Account, because you failed to take reasonable
steps to prevent that from happening.
15.2 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence,
(b) fraud or fraudulent misrepresentations;or
(c) any other liability that cannot be excluded or limited under Kenyan law.
16 Term and Termination
16.1 These Terms will remain in full force and effect unless and until:
(a) they are superseded ;
(b) you de-activate your Account and the de-activation takes effect;or
(c) the Contract or your Employment Contract comes to an end.
16.2 If you de-activate your Account and the de-activation takes effect, or the Contract or
Contract of employment comes to an end, we will delete some or all of the information your
employer has provided to us, about you as per our Privacy Policy.
16.3 Notwithstanding the de-activation of your Account, the following provisions will remain
in full force and effect :section 12(No unlawful or Prohibited Use), section 13(Twenifo
Technologies Intellectual property rights), section 14(Disclaimer), section 15(Limitation of
Liability), section 16(Term and Termination), section 17(Governing Law and Forum for Disputes)
and section 18(miscellaneous). Termination or suspension of any part of the services provided
on or in relation to myNGOVO, or of these Terms, will not affect payment of outstandingAdvance Payments, Net salary Payments or Equalising Deductions, in accordance with these
Terms.
17 Governing Law and Forum for Disputes
17.1 These Terms are governed by Kenyan law. Disputes arising out of or in connection
with these Terms, and Disputes arising out of or in connection with the provision of myNGOVO
and services described in these Terms are subject to the non-exclusive jurisdiction of Kenyan
courts.
18 Miscellaneous
18.1 If any portion of these Terms is deemed unlawful, void or unenforceable by any court
of competent jurisdiction, the balance of these Terms shall not be deemed unlawful, void or
unenforceable, and that portion of these Terms that is unlawful, void or unenforceable shall be
stricken from these Terms.
18.2 If we do not exercise or enforce a right or remedy in these Terms(or any law
applicable) ;this will not be taken as a waiver of our rights and our rights and remedies will still
be available for us to enforce or rely on, if we wish.
18.3 We may transfer our rights and obligations under these Terms to another organisation
for example, this could include someone who buys our business. We will always tell you in
writing if this happens and we will ensure that the transfer will not affect your rights under these
Terms.
19 Defined Terms and Interpretation
19.1 The headings in these Terms shall not affect its interpretation.
19.2 A reference to a statute includes the statute as amended or re-enacted.
19.3 An obligation not to do something, includes an obligation not to allow that thing to be
done.
19.4 In these Terms :
(a) Account
account.
means the account referred to in 4.1 which comprises the myNGOVO
(b) Mobile Money Account
means the account into which Twenifo Technologies and/or
your employer are expected to pay your Advance Payments (as the case may be) ;
(c) Equlaizing Deductions
means (¡) your Net Salary;(¡¡) less the Advance Payments
paid to you for the corresponding salary period.
(d) Contract
means the agreement between your employer and Twenifo
Technologies, under which your employer asks Twenifo Technologies to provide certain
services and Twenifo Technologies agrees to do so;(e) Employment Contract
services.
(f) Marks
includes a contract of employment and a contract for
includes trademarks, logos and service marks.
(g) Reimbursement Days
means the date on which you would usually be paid.
(h) Advance Payments
means the payment of some of the money that you have
earned but have not been paid as salary advance on a date that is before your next
Reimbursement Day, in accordance with your employer’s instructions;
(i)myNGOVO
means (a) the software – as-a-service platform known as
“myNGOVO”, located at https://myngovo.co.ke ; (b) the portal provided by Twenifo
Technologies to your employer (if any) for the purpose of giving you the ability to make Request
Pay, and (c) the myNGOVO downloadable end-user applications(Apps).
(j) Registration Requirements means the information about you and your employer, that
you provided to us, when you registered and activated your Account ;
(k) Request Pay
means a request for the payment of some of the money earned as
salary, with payment made on a date before your next Reimbursement Day.
(l) Salary Period
means the week,month or othed period in respect of which your
employer pays you a salary, according to the terms of your Employment Contract ;
(m) Terms
means these Terms of Service between you and us;
(n) Origination Fee
means the amount Twenifo Technologies is entitled to charge you,
every time it arranges an Advance Payment;
(o)Twenifo Technologies, we and us
means Twenifo Technologies Ltd, a company
registered in Kenya with company number PVT-DLU9PB7 whose registered office is at
Johannesburg Plaza, Oloo Street, Eldoret;and
(p) myNGOVO Account means the account in section 8;
(q) Website means www.myngovo.co.ke
Copyright©2020 Twenifo Technologies Ltd. All rights reserved. All marks displayed on
myNGOVO are the property of Twenifo Technologies, or of one or more third parties. You are
not permitted to use these marks without our prior written consent of the relevant third party.