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Flex Money Transter Limited was founded with the ambitious goal of bringing families and people together by providing a cheaper and flexible way of sending money.

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TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR USE OF THE FLEX MONEY SYSTEM

THESE TERMS AND CONDITIONS (hereinafter “Agreement”) SHALL GOVERN THE PROVISION BY FLEX OF THE REMITTANCE AND RELATED SERVICES TO YOU. THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY. BY DOWNLOADING, ACCESSING AND USING THE FLEX MONEY APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.

Definitions in this Agreement

In this Agreement, including any Schedule, the following definitions shall have the following meanings

  • "You" and "your" refer to the person who downloads the Application and uses the Service.
  • "Flex", "we" and "us" and "our" refer to Flex Money Transfer Services Limited, a licensed money transmitter, which provides the Service under the trade name, Flex and through the application referred to as Flex App.
  • "Application" or "app" means the technology made available by Flex to you on your mobile phone or other electronic device by which you may access and use the Service.
  • Applicable Laws” means the National Payment Systems Act, National Payment Systems Regulations, 2014, The Bribery Act, Proceeds of Crime and Anti-Money Laundering (Amendment) Act, 2017 and such other laws as may be prescribed by a governmental body and/or authority.
  • "Beneficiary" means the person to whom you send money.
  • "E-Wallet" means the stored value account into which your Remittance may be paid to your Beneficiary, generally accessible on your Beneficiary's mobile phone.
  • "Payment Account" means the debit or prepaid card account or bank account, MPESA Customer Account, (or such other source of funds that Flex agrees to accept from time to time for use hereunder and that you authorize Flex to charge) that you provide to Flex for Flex to charge for payment for your use of the Application. The Payment Account must be issued or held in your name at a depository institution in Kenya.
  • "Remittance" means the transfer of funds that you request and authorize Flex to process through the Application for payment to your Beneficiary.
  • "Service" means the transfer of funds from you to your Beneficiary through the Application, and activities related to that transfer.
Scope of Agreement

  • This Agreement applies only to the Remittances that you request through the Flex Application.
Registration Information

  • In order to use the Flex Application, you must be at least 18 years old, be a resident of Kenya, have a Payment Account in your name in the approved origination country, and be registered with Flex. In order to register, you must download the Application and provide Flex with information about yourself, such as your name, address, date of birth, National Identification Card/Passport, telephone number, email address and other information or documentation that will allow us to verify your identify. The home address that you provide when registering must be the same as the billing address for your debit card or prepaid card. You agree to provide complete and accurate information and/or documentation in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.
  • Your use of the Application is subject to our ability to verify your identity. You authorize Flex to obtain information about you from third parties (including financial institutions and credit reporting agencies), although Flex has no obligation to do so. If you do not provide accurate and complete information during registration or when requesting a Remittance, we have the right to prohibit you from using the Service or the Application or to stop your requested Remittance. Inaccurate and/or incomplete information provided by you during registration or when requesting a Remittance may cause errors in your requested Remittance, or may delay or restrict your access to the Application or the Service.
  • Each time you access the Flex Pay Application, you shall be deemed to have confirmed the accuracy and completeness of all of your registration information.
  • Your registration is personal to you. You should not allow your registration details to be used by anyone else. Registration with Flex allows your Payment Account to be accessed through the Application. If you lose your phone or believe your access to the Application has been compromised, you should contact Flex immediately at support@flex-money.com to change your password or disable your access to the Application.
Description of the Service.

  • You may use the Application only to send a Remittance to a Beneficiary located in a country where Flex provides payment service, as designated on the Application from time to time. Flex and Flex-designated service providers will process the remittance and make funds available for receipt by the Beneficiary as described below.
  • Your use of the Application or the Service does not constitute or create a fiduciary or escrow capacity between you and Flex. Flex provides a remittance service only; the funds that you direct Flex to pay to your Beneficiary are not held by Flex as a deposit or in escrow, and Flex is not holding or processing your Remittance as a fiduciary. Flex's only obligation is to pay your Remittance to your Beneficiary or to return the principal amount of the Remittance to you.
  • The Service is generally available 24 hours a day, 365 days a year, although there may be times when the Service is unavailable to you or to your Beneficiary. Periods of unavailability may be caused by Flex's own acts (such as temporary periods when the Service is taken off-line to make upgrades or improvements), or by events beyond Flex's control, such as power outages, telecommunications failures, war or civil unrest, natural disasters or other acts of God.
  • Flex may from time to time set limits on the value of Remittances you may send (both individually and over a period of time), as well as the value of Remittances any Beneficiary may receive. Flex may delay payment of your Remittance to allow Flex to determine that your Remittance complies with applicable law, regulation or Flex policies. Flex has the right, without notice to you, to refuse to accept or pay any Remittance that Flex determines in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Remittance and then determine that it may violate any such law, regulation or policy, we may hold the Remittance until such time that the matter is resolved.
Authority to Charge Payment Account; Fees and Expenses.

  • In order to use the Service, you must use the Application to direct Flex to withdraw the principal value of the Remittance from your Payment Account, plus any applicable fees and charges; by requesting a Remittance, you authorize Flex to charge your Payment Account for the principal amount of the requested Remittance and applicable fees and charges, if any. You acknowledge that Flex has no obligation to process or complete a requested Remittance if Flex is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Remittance and all applicable fees and charges.
  • Flex will disclose its fees and charges for providing the Service to you before you initiate a Remittance. Flex's fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your Remittance, your type of Payment Account, your location, and the location of your Beneficiary. In addition to the fees and charges, Flex will also show you the foreign exchange rate (that is, the rate at which your funds will be converted into the currency to be paid to your Beneficiary) applicable to your Remittance before you send it. Flex's foreign exchange rates change from time to time. In addition to the fees and charges you pay when sending a Remittance, Flex makes money when we convert the currency you send into the currency we pay to your Beneficiary
  • If the charge to your Payment Account is returned, charged-back or canceled for any reason after Flex has processed your Remittance request, you will be responsible to Flex for the principal amount of the Remittance and all associated fees and charges. You agree to pay such amounts, plus any applicable additional service fee and/or a non- sufficient funds (NSF) fee of $20 USD as a result of the return to Flex immediately upon demand. You authorize us to debit your Payment Account for the amount of any of the foregoing amounts. You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your debit card when you use such a card for a Remittance. You should review your card agreement regarding such potential fees.
  • Although Flex will pay the full principal amount of your Transaction to your Beneficiary in the currency Flex specifies to you when you initiate your Remittance, your Beneficiary may incur costs, fees or charges from his or her bank, mobile phone company, E-Wallet issuer or other party to maintain or withdraw the funds. Furthermore, your Beneficiary's ability to use or withdraw the funds you send may be limited by the terms of your Beneficiary's E-Wallet issuer.
Reliance by Flex.

  • You represent and warrant that all information you enter into the Application or otherwise provide to Flex is true and complete, including information about you, your Payment Account, and your Beneficiary. When processing a Remittance Payment, Flex may rely on the registration information and Remittance information that you provide. You acknowledge that any errors in the information, including misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings, are your responsibility and that Flex shall have no liability for executing a Remittance based upon the inaccurate or incomplete information you provided or entered.
Execution of a Remittance.

  • The Flex Remittance Facility Application is generally available 24 hours a day, 7 days a week, 365 days a year. Generally, your Beneficiary is paid instantly through the Flex mobile application; accordingly, once you originate a Remittance, you may be unable to stop or change it. If ever there is a situation where your transaction is not delivered instantly to the Beneficiary, we will contact you and keep you informed about the delay.
Payment of Funds to Beneficiary

  • Flex and/or Flex designated service providers will arrange for the payment of the Remittance to your Beneficiary. Flex reserves the right to select the form of payment to the Beneficiary. Flex and/or Flex designated service providers will use reasonable efforts to provide payment in a form requested, but the Flex Application is not obligated to provide payment options for a specific Payment. Depending on the situation and the availability of various payment options, payment may be made by means of a credit to a mobile wallet, currency (cash), by check, by stored value card, credit to a bank account or credit card account or by some other payment instrument. Not all payment methods are available in all countries, and Flex reserves the right to change payment method options. If a Beneficiary cannot be located and identified, the Remittance Payment funds may be returned to you either by a credit to your Payment Account or by check, at Flex's option.
  • Flex reserves the right to establish identification and verification requirements for a Beneficiary to receive a Remittance. Flex may rely, without further investigation, upon identification information or documentation provided by you or a Beneficiary, including any code or identifier number of the Remittance, when paying the Beneficiary. Flex has the right to decline to pay the Beneficiary if Flex cannot verify the identity of the Beneficiary or if Flex believes that you or your Beneficiary may be in violation of this Agreement or any applicable law, regulation or Flex policy. Although Flex has the right to establish identification and verification requirements, and the Beneficiary's failure to comply with them is a basis to decline payment of the Remittance, Flex has no obligation to establish any such requirements.
Foreign Exchange

  • Payments to Beneficiaries are generally made in the currency of the Beneficiary's country. If permitted by applicable law and the Application, you may request your Remittance to be paid in another currency approved and made available by Flex from time to time.
  • If a currency conversion is required, Flex and/or Flex-designated service providers will convert the currency in which you initiate your Remittance into the local currency at the Flex exchange rate for your Remittance in effect at the time you initiate your Remittance. Flex will disclose the exchange rate to you before you authorize the Remittance. Flex's exchange rates vary from time to time, and may also differ depending on the principal value of your Remittance and other factors. In addition to the fees and charges applicable to your Remittance, Flex makes money when your currency is converted into the currency in which your Remittance is paid.
Permissible Remittance Payments.

  • The Application is not intended for use by any person in any jurisdiction or country where such use would be contrary to law or regulation. Specifically and without limitation, you may not use the Service for any Remittance (a) induced by or involving the proceeds of crime, fraud or other improper activity; (b) exceeding Flex's transaction limits (whether in amount, frequency or otherwise); (c) sent for the purpose of gambling, including placing bets or paying winnings; (d) intended to be used as an escrow or similar capacity for delayed payment; (e) which Flex determines is suspicious or may violate applicable law or regulation, including laws intended to detect and prevent money- laundering, terrorist financing, human trafficking, fraud, or to enforce currency or exchange rate controls. You agree that you will only request a Remittance that complies with this Agreement, applicable origination country laws and applicable laws in the country of the Beneficiary. You may only use the Application to send Remittances on your own behalf. You may not resell the Application or use the Application to make Remittances on behalf of, or as agent for, another person. You will provide information and/or documentation that Flex may request from time to time in order for Flex to comply with any applicable laws, including anti-money laundering laws. Flex may refuse payment of any Remittance which Flex determines in its sole discretion does not comply with applicable law, Flex policy or the terms of this Agreement.
Rejection of Remittance Payment Request.

Flex has the right to reject your request for a Remittance, or to decline to complete a request for a Remittance, or to impose a value or frequency limitation on your use of the Service, without cause or prior notice to you. Without limiting the foregoing, Flex may suspend, delay or reject your Remittance Payment request if:

  • the value of one or more of your Remittance requests exceed any limits established by Flex;
  • Flex is unable to charge your Payment Account for the principal amount of the Remittance and related fees and charges;
  • your Remittance request is incomplete or unclear;
  • Flex is unable to confirm your identity or verify any registration or Beneficiary information, including the identity of the Beneficiary;
  • Flex suspects fraud or irregularity or illegality;
  • your name or the name of your Beneficiary is a possible match to a name on one or more applicable "watch lists" maintained by governments, inter-governmental groups or Flex to help detect and prevent illegal activity;
  • Flex and/or Flex-designated service providers are unable to fulfill your request for any reason.

If your request for a Remittance is declined for any reason, Flex will notify you by an SMS / text message or electronic mail, or by any other reasonable means of notice.

Generally, if your request for a Remittance is rejected, Flex will return the principal amount of your Remittance to your Payment Account, if it has already been withdrawn; there may be circumstances, however, where the law requires Flex to hold your Remittance or to pay it to another party (including a government agency). If that happens, Flex will inform you, if we are permitted to do so by applicable law. Flex has the right retain any authorized fees and charges it may have imposed in connection with the requested Remittance, even if Flex declines to pay it.

Returns Due To Your Mistake.

If Flex is unable to complete payment of the Remittance to your Beneficiary because you provided incorrect information about the Beneficiary, such as an incorrect telephone number, an incorrect or misspelled name, the wrong bank or bank account or any other misinformation, you will be liable for any costs, fees, expenses and losses that Flex incurs in returning the Remittance to you, such as processing costs, losses arising due to exchange rate fluctuations and third party service charges.

Limitation of Liability.

  • Flex shall not be responsible for any delay, failure to execute, or an error in the execution of your Remittance request due to circumstances beyond Flex's reasonable control, whether caused by strikes, power failures, equipment malfunctions, war, riots, governmental or court orders, work stoppages or similar occurrences or circumstances. You further agree that that Flex may refuse to process or delay processing any request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system.
  • Under no circumstances will Flex be liable for damages, whether caused by the negligence of Flex's employees, contractors, agents or others, beyond the sum of ONE THOUSAND UNITED STATES DOLLARS (US$1,000.00), in addition to refunding the principal amount of the Remittance and any fees and costs you may have paid to Flex to send it, unless you have contacted Flex before you send your Remittance and have obtained our written agreement to a higher limit on liability. If we agree to a higher limit on liability, we may charge you for it. Under no circumstances will Flex be liable for any incidental, indirect, special, punitive or consequential damages or the like.
  • THE APPLICATION AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLEX MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE APPLICATION OR THE SERVICE. FLEX DOES NOT WARRANT THE FUNCTIONALITY OF THE APPLICATION OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION RELATED THERETO AND EXPRESSLY DISCLAIMS LIABILITY FOR NON- FUNCTIONALITY OF THE APPLICATION AND THE SERVICE, OR ERRORS OR OMISSIONS IN ANY INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE APPLICATION OR THE SERVICE.
Error Resolution and Cancellation Policy

  • For error resolution, transaction cancellation, questions, complaints or a written explanation of your rights, contact us at support@flex-money.com
  • Because Flex credits Remittances to Beneficiaries immediately, your Remittances are typically not cancellable or refundable. If you believe that you sent a Remittance in error, you must contact us within thirty (30) minutes after you initiated the Remittance at help@Flex.com and we will attempt to recall the Remittance, but we may be unable to do so if the Remittance has already been credited to your Beneficiary's account or if your Beneficiary has already withdrawn or moved the funds; if Flex is unable to recall your remittance, Flex will have no liability to you.
  • You have a right to dispute errors in your transaction. There is no charge for this service. If you think there is an error, contact us within 180 days and provide your name, contact information, the beneficiary's name, date of transfer, as well as the reason you believe there has been an error. Flex will determine whether an error occurred and will reply to you within 8 weeks (56 days). If Flex was at fault, you will be entitled to a refund or to have the Remittance re-sent free of charge. If no error occurred or Flex was not at fault, you will receive a written notice including the information that Flex relied on to make that determination.
  • Flex shall not be liable to you for any loss resulting from Flex's inability to cancel or refund a Remittance Payment. If Flex refunds Remittance Payment funds to you, these funds may be returned to you either by a credit to your Payment Account or by check payment, at Flex's option.
Indemnity.

  • In consideration of our agreement to provide you with the Application and Service, you agree to indemnify and hold Flex harmless from and against any and all claims, suits, judgments, executions, liabilities, losses, damages, costs, and expenses - including reasonable attorney's fees - in connection with or arising out of (i) your use of the Application or the Service, (ii) your breach of this Agreement, or (iii) Flex acting upon your request for a Remittance. Without limiting the generality of the foregoing indemnification obligation, you shall indemnify Flex for any losses caused due to any inaccurate, non- current or incomplete information that you provided to Flex and for any losses due to your failure to maintain the secrecy and confidentiality of all your IDs, passwords, or due to any unauthorized use of your ID and/or password.
Arbitration of Disputes.

  • Where allowed, any dispute or claim arising from or relating to this Agreement, any Remittance or the Service, including disputes involving this provision about the resolution of disputes, will be settled by binding arbitration, in accordance with the Arbitration Act of Kenya as may be amended from time to time. Where allowed, neither party shall have the right to participate in any class of claimants pertaining to any claim and Third parties claims shall not be joined in any arbitration between Flex and you. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party will pay for its own attorneys, experts and witnesses. The costs of the arbitrator(s) shall be divided equally between the parties.
Electronic Communications

  • In order to use the Application, you consent to receive and accept this Agreement, any amendment to this Agreement, and all notices relating to the Application and Service by means of electronic (SMS-text message or email) communications. If any change to this Agreement requires prior notice to you, Flex will notify you by SMS-text message or email, at the telephone number or email address that you provided when registering for the Application, or Flex will provide you with a link in such SMS-text message or email to where you may view the revised or amended Agreement. Flex will make available to you a record of each of your Remittances electronically on the Application. In order to use the Application, you must have a Android device or iPhone or any other device approved by Flex. You agree that if you remove your consent to receive electronic communications, Flex will terminate your use of the Application and Service.
General Terms.

  • This Agreement, along with all the material incorporated into it by reference, constitutes the entire understanding between you and Flex concerning the Application and the Service. It supersedes all prior agreements, and may not be modified orally. Flex may modify, supplement, alter and amend this Agreement at any time, and you will be deemed to have agreed to any such changes if you continue to use the Application after you have been notified of any such changes. As used in this Agreement, Flex includes all of the subsidiaries and affiliates of Chime Inc., and any of them, along with the banks, telephone service providers and others we have engaged to assist us, may participate in the provision of the Service. We may assign this Agreement or delegate our obligations under it, in whole or in part, without notice to you and without your consent. If any portion of this Agreement is determined to be invalid, the remaining provisions will nevertheless be enforceable.
Governing Law.

  • This Agreement shall be governed in accordance with the laws of Kenya and all Applicable Laws.
Privacy Policy

  • You represent and warrant to Flex that all information you provide to us about yourself and your Beneficiary is accurate and complete. Flex is relying on your representation and warranty when Flex provides the Application and Service to you. Flex may, from time to time, require you and/or your Beneficiary to provide us with information and/or documentation to confirm your eligibility to use the Service. Flex may maintain and use all such information and documentation, as well as information we derive from your use of the Service and information that we obtain about you from the institution where you maintain your Payment Account and other third parties, in order to provide the Application and Service to you. Flex may share this information among our affiliates and subsidiaries, and we may provide it to the banks, agents and service providers (including banks and telephone service providers in your Beneficiary's country) as reasonably necessary to provide the services offered through Flex. If required by law, Flex may report information about certain transactions to government authorities. We will not, however, rent, sell or otherwise make available the information you provide to us to third parties who do not need it to perform the Service, unless we are required to do so by law. Further information about Flex's privacy policy may be found by visiting www.Flex-money.com.
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