Legal Notice

HavisChama Terms & Conditions

Please read these terms carefully before using the platform.

Last updated: Jan 25, 2026

TERMS AND CONDITIONS OF USE

HAVIS CHAMA SYSTEM

Last Updated: [INSERT DATE]IMPORTANT NOTICE: Please read these Terms and Conditions carefully before using the Havis Chama System. By accessing, registering, or using this system, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use this system.

1. DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:

  • "System" means the Havis Chama System, including all software, applications, websites, databases, and related services;
  • "Chama" means the savings and investment group registered or operating under Kenyan law;
  • "Member" means any individual who has registered and been accepted as a member of the Chama through this System;
  • "User" means any person who accesses or uses the System, whether as a Member or otherwise;
  • "Administrator" means the person(s) authorized to manage and administer the System and Chama operations;
  • "Contribution" means any payment made by a Member to the Chama;
  • "Loan" means any financial facility extended to a Member by the Chama;
  • "Personal Data" has the meaning ascribed to it under the Data Protection Act, 2019 of Kenya;
  • "We," "Us," "Our" refers to the Chama and its authorized administrators;
  • "You," "Your" refers to the User or Member accessing the System.

2. GOVERNING LAW AND JURISDICTION

2.1. These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Kenya.2.2. Any disputes arising from or relating to these Terms and Conditions or the use of the System shall be subject to the exclusive jurisdiction of the courts of Kenya.2.3. The System operates in compliance with, but not limited to, the following Kenyan legislation:

  • The Companies Act, 2015;
  • The Co-operative Societies Act (Cap. 490);
  • The Data Protection Act, 2019;
  • The Consumer Protection Act, 2012;
  • The Computer Misuse and Cybercrimes Act, 2018;
  • The Banking Act (Cap. 488);
  • Any other applicable laws and regulations of Kenya.

3. ACCEPTANCE OF TERMS

3.1. By accessing, registering, or using the Havis Chama System, you expressly agree to be bound by these Terms and Conditions and all applicable laws and regulations.3.2. If you do not agree with any part of these Terms and Conditions, you must immediately cease all use of the System and may not register as a Member.3.3. These Terms and Conditions constitute a legally binding agreement between you and the Chama.3.4. We reserve the right to modify these Terms and Conditions at any time. Continued use of the System after such modifications constitutes acceptance of the updated terms.

4. ELIGIBILITY AND MEMBERSHIP

4.1. To use the System, you must:

  • Be at least 18 years of age;
  • Be a legal resident of Kenya or have legal capacity to enter into contracts in Kenya;
  • Provide accurate, current, and complete information during registration;
  • Maintain and promptly update your registration information;
  • Comply with all applicable laws and regulations.

4.2. Membership in the Chama is subject to approval by the Administrators. We reserve the right to accept or reject any membership application at our sole discretion.4.3. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.4.4. You must immediately notify us of any unauthorized use of your account or any other breach of security.4.5. We reserve the right to suspend or terminate your membership at any time for violation of these Terms and Conditions or for any other reason we deem appropriate.

5. FINANCIAL OBLIGATIONS AND RESPONSIBILITIES

5.1. Contributions:

  • All Members are required to make regular contributions as determined by the Chama's constitution and rules;
  • Contributions must be made by the specified due dates. Late payments may attract penalties as determined by the Chama;
  • All contributions are non-refundable except as expressly provided in the Chama's constitution or by applicable law;
  • You are solely responsible for ensuring sufficient funds are available for contributions;
  • Failed payment transactions may result in additional charges for which you will be liable.

5.2. Loans:

  • Loan applications are subject to approval by the Chama's loan committee or Administrators;
  • All loans must be repaid according to the agreed terms and schedule;
  • Default on loan repayments may result in penalties, interest charges, and legal action;
  • You are liable for all costs, including legal fees, incurred in recovering defaulted loans;
  • The Chama reserves the right to offset any outstanding loans against your contributions or share capital.

5.3. Financial Records:

  • All financial transactions are recorded in the System and are binding;
  • You are responsible for reviewing your account statements regularly;
  • Disputes regarding transactions must be reported within 30 days of the transaction date;
  • After 30 days, all transactions are deemed accurate and accepted by you.

5.4. Tax Obligations:

  • You are solely responsible for all tax obligations arising from your participation in the Chama;
  • The Chama may be required to report certain transactions to the Kenya Revenue Authority (KRA) as required by law;
  • You agree to provide any tax-related information requested by the Chama or KRA.

6. DATA PROTECTION AND PRIVACY

6.1. Compliance with Data Protection Act, 2019:

  • We process your Personal Data in strict compliance with the Data Protection Act, 2019 of Kenya;
  • By using the System, you consent to the collection, processing, storage, and use of your Personal Data as described in our Privacy Policy and as necessary for the operation of the Chama;
  • Your consent is freely given, specific, informed, and unambiguous;
  • You have the right to withdraw your consent at any time, subject to our legal obligations to retain certain data.

6.2. Data Collection:

  • We collect Personal Data including but not limited to: name, identification number, contact information, financial information, transaction history, and any other information necessary for Chama operations;
  • We may collect data from third parties, including credit reference bureaus, with your consent;
  • All data collection is limited to what is necessary for the stated purposes.

6.3. Data Security:

  • We implement appropriate technical and organizational measures to protect your Personal Data against unauthorized access, alteration, disclosure, or destruction;
  • However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security;
  • You are responsible for maintaining the security of your account credentials.

6.4. Data Sharing:

  • We may share your Personal Data with:
  • Other Members of the Chama as necessary for Chama operations;
  • Service providers who assist in operating the System (under strict confidentiality agreements);
  • Regulatory authorities as required by law;
  • Credit reference bureaus for credit assessment purposes;
  • Legal authorities when required by court order or law.
  • We will not sell your Personal Data to third parties for marketing purposes.

6.5. Your Rights:

  • Right to access your Personal Data;
  • Right to correction of inaccurate or incomplete data;
  • Right to deletion of data (subject to legal retention requirements);
  • Right to object to processing;
  • Right to data portability;
  • Right to lodge a complaint with the Office of the Data Protection Commissioner.

6.6. Data Retention:

  • We retain your Personal Data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements;
  • Financial records may be retained for up to 7 years as required by Kenyan law.

7. SYSTEM USE AND PROHIBITED ACTIVITIES

7.1. Permitted Use:

  • You may use the System solely for lawful purposes related to Chama operations;
  • You must use the System in accordance with these Terms and Conditions and all applicable laws.

7.2. Prohibited Activities: You agree NOT to:

  • Use the System for any illegal, fraudulent, or unauthorized purpose;
  • Attempt to gain unauthorized access to the System, other accounts, or computer systems;
  • Interfere with or disrupt the System or servers connected to the System;
  • Transmit any viruses, malware, or other harmful code;
  • Reverse engineer, decompile, or disassemble any part of the System;
  • Copy, modify, or create derivative works of the System;
  • Use automated systems (bots, scrapers) to access the System without authorization;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Harass, abuse, or harm other Members or Users;
  • Violate any applicable laws, including the Computer Misuse and Cybercrimes Act, 2018;
  • Use the System to engage in money laundering, fraud, or other financial crimes;
  • Share your account credentials with any third party;
  • Attempt to circumvent any security measures or access controls.

7.3. Consequences of Violation:

  • Violation of these prohibitions may result in immediate suspension or termination of your account;
  • We reserve the right to report violations to law enforcement authorities;
  • You may be held liable for damages, including legal fees, resulting from your violations.

8. INTELLECTUAL PROPERTY

8.1. All content, features, and functionality of the System, including but not limited to text, graphics, logos, icons, images, software, and databases, are the exclusive property of the Chama or its licensors and are protected by Kenyan copyright, trademark, and other intellectual property laws.8.2. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the System solely for Chama-related purposes.8.3. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the System without our express written permission.8.4. Any unauthorized use of the System may violate copyright, trademark, and other laws and may result in criminal or civil penalties.

9. DISCL