1. Introduction
1.1 These terms and conditions (terms) contained herein on this webpage provided by Wakandi Kenya Ltd (Wakandi) shall govern the usage and access to the Credit Association Management System Starter Software (referred to as ‘CAMS Starter’ or ‘the Software’).
Please read and understand the terms contained here carefully before being agreed to be bound by the terms.
2. Acceptance of Terms
2.1 These terms apply in full force and effect to your (customer) usage and access to CAMS Starter. Your usage of CAMS Starter is considered as an acceptance to all the terms contained herein in full. You must not use the Software in case of any objection to any of these terms.
3. Definitions
3.1 In these terms, the following terms shall have the meaning ascribed to them:
CAMS Starter means Credit Association Management System Starter version. It is a mobile version of the CAMS Standard that operates as a toned-down version for mobile devices. The comparison of CAMS Starter and CAMS Standard has been explained in Clause 7.2.
CAMS Standard means Credit Association Management System Standard Version. It is a digital financial Software for various types of cooperatives, including SACCOs and MFI to manage their financial and administrative operations digitally.
Value Added Service means optional or additional services provided by Wakandi through CAMS Starter which are not directly part of the default offering. Insurance service is a type of value-added service offered with the Software.
Third Party means any organization that Wakandi has a partnership or contract with, in relation to offering the Software and related Materials.
Member Fee means the amount that the member is liable to pay for using CAMS.
Material means any Software or part of Software, system, functionality, specifications, elements, design, processes, programs, programming tools, documentation, database, reports, drawings and other tangible or intangible assets related to CAMS Starter.
Customer means cooperative organizations including the management and administrative staff who have access to or using CAMS Starter as a user.
Customer Data or Data means all the transactional, financial, and personal data that the customer imports, uploads or generates in CAMS Starter that belong to customers or members.
Member means the end users of the cooperative organizations who seek financial services like loans, shares, and savings.
Force Majeure has the meaning ascribed to it in Clause 14.
Terms means the terms and conditions mentioned on this webpage.
SACCO means savings and credit cooperatives registered under the Cooperative Act; a credit union.
MFI means microfinance institutions registered under the Microfinance Act.
4. License and Access
4.1 For the duration of the Agreement formed and signed between you and Wakandi, you are granted with a limited, non-exclusive, non-transferrable, non-sublicensable and revocable right to use CAMS Starter for the purpose stated in Clause 7. The right to use CAMS Starter also applies to all its new updates or upgrades provided by Wakandi during the term of the Agreement.
5. Data Privacy and Security
5.1 When using CAMS Starter, the customer authorized to access and use it, will provide data together with other required information to set up and use the Software as a financial management system for their SACCO or MFI.
5.2 This data may be freely used by Wakandi on an anonymized and aggregated basis to improve CAMS Starter and provide services as described in the Clause 7.
5.3 Wakandi shall maintain, use and see to it that any Third-Party use and maintain appropriate physical, technical and administrative safeguards to prevent the use or disclosure of the Customer data other than as expressly set forth in the Agreement. Wakandi has established appropriate measures and guidelines to ensure the safe transfer and usage of data by any Third Party.
5.4 Wakandi shall process the Data within the data usage guidelines established by the Kenyan law and regulatory authorities.
5.5 As soon as the processing of the Customer Data is no longer in use or required for providing CAMS, Wakandi has a right to anonymise the Data to make it non-identifiable. The Customer Data shall be anonymised within ninety (90) days after the Customer stops using CAMS.
6. Intellectual Property
6.1 Wakandi retains all rights, titles, and interests in and to Wakandi’s Intellectual Property. Any Intellectual Property developed by Wakandi or the Customer during the use of CAMS Starter shall wholly and solely belong to Wakandi. The Customer shall have no claim whatsoever thereto. Further, the Customer hereby acknowledges that the Customer shall not acquire any right to possess or ownership interest in the CAMS Software.
6.2 Wakandi shall not acquire any right or ownership interest in the data or information that the Customer transmits to or from CAMS Starter, other than is expressly provided herein.
6.3 Both Wakandi and the Customer shall co-operate fully with each other to protect the Intellectual Property, and on becoming aware of the same, promptly notify each other of any actual or potential infringements, claims or actions in relation to such Intellectual Property.
7. Use of the Software
7.1 CAMS Starter facilitate mobile money transactions such as deposits, loans and withdrawals etc. between SACCOs and MFIs (Customers) and their Members. A detailed description of the Software is hereby made available, to be amended from time to time.
7.2 CAMS Starter is made accessible on the member’s mobile phones through CAMS Starter mobile application. CAMS Starter offers the following features, but not limited to, to help Customers manage their finances digitally.
| Features | CAMS Standard | CAMS Starter |
| Member administration | Unlimited number of members | Unlimited number of members |
| Member types | Individual and groups | Individual |
| Membership policies | Configurable and unlimited number of policies | Default policy |
| Basic member details |  |
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| Residence details on all members | |
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| Income details on all members | |
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| Assets details on all members | |
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| Document archive on all members | |
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| Configurable member registration fee | |
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| Configurable montly membership fee | |
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| Branches | |
| Loan management | Unlimited number of loan products | Unlimited number of loan products |
| Easily apply for loans online | |
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| Loan applications via front office | |
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| Basic loan report | |
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| Advanced loan reports | |
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| Loan guarantors | |
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| Loan refactoring | |
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| Configurable loan fees | |
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| Configurable loan process | |
| Shares management | Unlimited number of share products | Unlimited number of share products |
| Mandatory shares | |
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| Voluntary shares | |
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| Savings management | Unlimited number of savings products | Unlimited number of savings products |
| Mandatory savings | |
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| Voluntary savings | |
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| Accounting and reporting | Client ledgers and general ledgers | Client ledgers |
| Online transactions | |
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| Cash transactions | |
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| Member statement | |
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| Accounting system | |
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| Account statement | |
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| Import of historical accounting data | |
Manual |
| Employee-based savings and credit Saccos | |
| Customer service | Prioritized support | Normal support |
| Frequently asked questions | |
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| Mail support | |
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| Chat support | |
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| Phone support | |
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| WhatsApp support | |
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| Physical training with management and administration | |
| Value added services | All | Limited |
| Life insurance on members Loans | |
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| Bulk SMS tool | |
7.3 In consideration of the Customer paying the Fee, described in detail in the Clause 10, Wakandi grants the Customer a non-exclusive, non-transferable access to use CAMS Starter.
7.4 Access and usage of CAMS Starter by the Customer shall be restricted to the manner authorised by Wakandi for purposes of processing and controlling the Customer’s data and information for the Customer’s normal operation purposes.
7.5 Any promotional and marketing materials, descriptions, presentations, websites, landing pages, blogs, company profiles, and advertisements issued by Wakandi are issued or published for the sole purpose of giving only approximate information of CAMS Starter. These promotional and marketing materials shall not form part of these Terms or have any contractual force.
7.6 The Customer shall have no right (and shall not permit any third party) to copy, modify, reverse engineer, adapt, decompile, disassemble, or make error corrections to the Materials of CAMS Starter in whole or in part.
7.7 The Customer shall not:
- sub-license or assign the benefit or burden of the Terms in whole or in part; and/or deal in any other manner other than is expressly authorised under these Terms.
- access or attempt to access CAMS Starter and its Materials without prior authorization or consent or parts of it that are not made available for public use.
- copy, resell, distribute, reproduce, or republish CAMS Starter in any way.
- allow any third party before prior consent to use and benefit from the use of the Software.
- work around any of the technical limitation of the Software and use unauthorized tools and programs to enable features or functionalities that are not provided or disabled in the Software.
- intentionally interfere or disrupt or attempt to perform any actions that would interfere or disrupt with the proper working of CAMS Starter.
7.8 Third-party Services
CAMS Starter may recommend from time-to-time third-party services or offerings for the Customer’s consideration in a belief that these services or offerings may benefit the Customer. Wakandi makes no representation or warranty or can be held responsible whatsoever regarding such third-party offering. The Customer’s use of any such offerings and services shall be governed by the terms of the Customer’s agreement with the third-party and is at the Customer’s sole risk.
7.9 Suspension of CAMS Starter Software
Wakandi may suspend CAMS Starter without any prior notice at any time without liability if:
- Wakandi reasonably believes that the Customer is using the Software in breach of these Terms.
- the Customer fails to cooperate with Wakandi on any suspected violation of these Terms.
- Wakandi reasonably believes there is an attack on the Customer's data in relation to the Software.
- Wakandi is required to suspend CAMS Starter by law or a regulatory or government body.
- Wakandi reasonably believes that there is a need to suspend the Software to protect Wakandi, CAMS, or the Customer.
7.10 Wakandi shall resume providing CAMS Starter to the Customer as soon as the above-mentioned reasons for suspension cease to exist.
8. Wakandi’s obligations
8.1 Wakandi is obliged to provide basic support to the Customer for CAMS Starter at no additional cost and apply commercially reasonable efforts to make the Software available 24/7 except when:
- there is a planned downtime, scheduled maintenance or preventive maintenance
- there is an emergency downtime
- Third-party organizations fail to provide their services that support the Software to run effectively which may lead to a disruption
- the unavailability is due to a Force Majeure Event
9. Customer’s obligations
9.1 The Customer shall perform an end-of-day routine which requires the Customer to transfer all daily revenues to Wakandi’s applicable Service Channel (e.g. mobile wallet) at the end of each day (the “End-of-Day routine”). The Customer’s collection of the Fee from the Members’ transactions, including VAT, shall be deducted on account by Wakandi each day following the End-of-Day routine, in accordance with Clause 10.2.
9.2 As a condition of use, the Customer promises not to use CAMS Starter and any of its Materials for any purpose that is prohibited by these terms or the state or country laws, or any other purpose not reasonably intended in these terms. By way of example, and not as a limitation, you agree not to use CAMS Starter:
- To abuse, threaten, harass, impersonate or intimidate any person;
- To commit a fraud or cause a fraudulent transaction;
- To post or transmit, or cause to be posted or transmitted, any content that is illegal, offensive, libelous, defamatory, obscene, abusive or that infringes any copyright or other right of any person;
- To communicate with Wakandi’s team or representatives in an abusive or offensive manner,
- To send or transmit unwanted content or URLs to any person using the Software;
- To create multiple accounts for the purpose of cheating, misleading or any other purpose that may cause harm to others.
10. Member Fee
10.1 As consideration for the using or accessing CAMS Starter, the Customer shall pay Wakandi the applicable Member fee, provided herein under ‘Direct Fee’ and ‘Indirect Fee’, at the time of making transaction, or, if applicable, upon receipt of an invoice from Wakandi.
10.1.1 Direct Fee
Direct fee is a nominal charge that the member will pay for each transaction made to the SACCO (using mobile money, bank transfer, or cash).
| Min | Max | Fee |
| 1 | 49 | 3 |
| 50 | 99 | 4 |
| 100 | 249 | 7 |
| 250 | 499 | 10 |
| 500 | 999 | 15 |
| 1000 | 1499 | 20 |
| 1500 | 2499 | 30 |
| 2500 | 3499 | 40 |
| 3500 | 4999 | 50 |
| 5000 | 7499 | 60 |
| 7500 | 9999 | 70 |
| 10000 | 14999 | 90 |
| 15000 | 19999 | 100 |
| 20000 | Max | 120 |
10.1.2 Indirect Fee
Indirect fee is a nominal charge that the SACCO will collect for each transaction made to the member (using mobile money, bank transfer, or cash).
| Min | Max | Fee |
| 1 | 49 | 3 |
| 50 | 99 | 4 |
| 100 | 499 | 6 |
| 500 | 999 | 15 |
| 1000 | 1499 | 20 |
| 1500 | 2499 | 30 |
| 2500 | 3499 | 40 |
| 3500 | 4999 | 50 |
| 5000 | 7499 | 70 |
| 7500 | 9999 | 100 |
| 10000 | 14999 | 120 |
| 15000 | 19999 | 150 |
| 20000 | 24999 | 200 |
| 25000 | 29999 | 225 |
| 30000 | 34999 | 250 |
| 35000 | 39999 | 275 |
| 40000 | 44999 | 300 |
| 45000 | 49999 | 325 |
| 50000 | 69999 | 350 |
| 70000 | Max | 350 |
10.2 Transactions conducted by the Member on CAMS Starter shall trigger a fee (Fee), that is charged by Wakandi to Customer in accordance with the at all times applicable Price List. The Customer shall approve transfer of the Fees to Wakandi through the End-of-Day routine, as stipulated under Clause 9.1
10.3 The Fee is always inclusive of the applicable Value Added Tax (VAT) rate in Kenya. The Fee including the applicable VAT is collected on account in accordance with the payment procedures under Clause 10.5 and the corresponding End-of-Day routine as detailed under Clause 9.1.
10.4 The Fee shall be calculated in accordance with a price list, in the currency specified therein, disclosed to the Customer and Member through the CAMS Website. Wakandi may unilaterally modify or update transaction fees in the Price List upon three (3) months’ written notice. Any changes to the Price List due to changes in the rates from the MNOs industry regulation or other applicable Service Channels or regulatory bodies, may take effect against the Customer with less than three (3) months’ written notice, provided that Wakandi notifies the Customer as soon as possible after Wakandi obtains information of such increased rates.
10.5 The total Fee payable by Customer is calculated by Wakandi based on the revenues occurring from the Member’s ongoing transactions and the number of Active Members. The Customer shall collect the payment of the Fee from the Member as soon as the transaction is made and no later than the end of each day, in accordance with Wakandi’s End-of-Day routine. This allows for the Fee payable to be deducted from the Customer’s applicable Service Channel (e.g. mobile money wallet) and credited to the Wakandi’s applicable Service Channel (e.g mobile money wallet).
10.6 The total Fee will be deducted on account by Wakandi. Deducted Fee will be credited to the Wakandi’s applicable Service Channel (e.g mobile money wallet) and paid to Wakandi’s bank through the applicable Service Channel.
10.7 The total Fee collected on any given day shall be summarised to the Customer in daily invoices (provided transactions have actually incurred on such day), including the applicable VAT and any other taxes, fees, and expenses imposed by the law from time to time and which are the obligation of the Customer to pay.
10.8 Wakandi may grant the Customer a Fee collecting report based on the Member’s transactions on a regular basis through CAMS Starter, showcasing the collected Fee from the transactions by Members.
10.9 The Customer shall not set-off any counterclaims against the Fee collected, to be credited to the Wakandi’s applicable Service Channel (e.g. mobile money wallet).
Mobile Wallet Fee
Any costs incurred by the Customer or Members associated to using mobile wallets or any other third-party payment apps offered by MNOs or other organizations to make payments in CAMS Starter shall be borne solely by the Customer and/or the Member and will be invoiced separately by the provider organization.
11. Termination
11.1 Wakandi may terminate these Terms at any time without cause or for convenience by sending the Customer three (3) months prior written notice in the following events:
- In the event the Customer materially breaches any of its obligations hereunder giving the Customer written notice.
- In the event of a Force Majeure Event as stipulated in clause 14.
- In the event of the Customer notwithstanding any provision of these Terms.
- In the event the Customer fails to pay the Fee as and when due.
- In the event the Customer misuses or allows unauthorised access to the Software and its Materials.
11.2 Wakandi shall inform the Customer about such suspension of these Terms and proper reasons for such suspension. In the event of termination, the Customer shall perform all mutual settlements and payments in full immediately on the date of termination.
11.3 Upon termination of these Terms, the Customer shall purge from the Software and its Materials all the Customer’s and Member data within fifteen (15) days. After the fifteenth (15th) day of the termination date, Wakandi will be released from all obligations to protect the Customer's and Member’s data.
12. Disclaimer of Warranties
12.1 Wakandi shall ensure that CAMS Starter is always available to the Customer in a usable and bug free state. However, the Customer shall be wholly and solely responsible to use the Software at their risk.
12.2 Wakandi shall provide CAMS Starter “as is” with no warranty, express or implied, of any kind. Wakandi expressly disclaims any and all warranties and conditions, including any implied warranty or condition of merchantability, fitness for a particular purpose, title, availability, security, and non-infringement of intellectual property rights, without limiting the generality of the foregoing. Wakandi makes no warranty that CAMS Starter shall meet the Customer’s requirements or that it remains free from any interruption, bugs, inaccuracies, or error.
12.3 The Customer shall be held responsible for any damage or loss that may happen to the Customer’s computer system. No advice or information, whether oral or written obtained by the Customer from the website, Materials, CAMS Starter, or the sales team of Wakandi shall create any warranty or condition not expressly stated.
13. Limitation of Liability
13.1 In no event shall Wakandi’s liability to the Customer under these Terms be more than the aggregate amount of Fee excluding Value Added Tax (VAT) paid by the Customer over twelve (12) months from the date of the termination of CAMS Starter.
13.2 Wakandi shall in no way be liable for any direct, indirect, incidental, or consequential, damages or losses to revenue, profit, data, goodwill, business equipment, or any other intangible losses (whether Wakandi has been advised of the possibility of such damages or not) arising out of the use of CAMS Starter (including, without limitation to inability to use, or arising from the result of use of CAMS Starter) whether such damages or losses are based on warranty, contract, statute or any other legal theory.
14. Force Majeure
14.1 Both Wakandi and the Customer shall be relieved of their liability for partial or total non-performance of obligations hereunder (except financial obligations), if such non-performance is due to force majeure circumstances which either Wakandi or the Customer could not reasonably anticipate and prevent. Such force majeure circumstances include acts of God, natural calamities, accidents, fires, war, public disorders, revolutions, pandemics, epidemics, lockdown, shortage of workers, hostilities, legislative acts, government orders, government actions and directives of authorities, as well as any other circumstance beyond the reasonable control of Wakandi or the Customer which directly or indirectly affect the availability or usage of the Software. In the event of such circumstances, the timeframe for performing contractual obligations hereunder shall be extended for the duration of the relevant circumstances.
14.2 In the event of a Force Majeure, the Wakandi shall notify the Customer, or the Customer shall notify Wakandi in writing within twenty four (24) hours of the occurrence of such an event. The notice shall contain a detailed information about the nature of the circumstance and an analysis of the impact on the possibility to perform the obligations hereunder and expected timeframe during which they can be performed.
14.3 If a Force Majeure Event continues for a period of over thirty (30) days, the Wakandi or the Customer may terminate these terms upon giving a fifteen (15) days prior written notice to that effect.
15. Indemnification
15.1 To the fullest extent permitted by statutory law of Kenya, the Customer shall indemnify Wakandi and its shareholders, employees, agents and affiliates against any claims by third parties related to the Customer’s and Member’s use of CAMS Starter.
15.2 The Customer shall further hold Wakandi harmless of any claims, fees, charges or penalties in relation to the use of the Software, either by the Customer or the Member, in violation of any applicable local regulations, or any international known guidelines, protocols or conventions relating to anti-money laundering, anti-corruption, human, labour and social rights, or similar.
16. Confidentiality
16.1 Both Wakandi and the Customer commit to not without consent from each other disclose information about the business that can reasonably be considered a trade or business secret. Information that Wakandi or the Customer has labelled as ‘confidential’ shall always be considered a trade and business secret. This confidentiality obligation does not include information that can be proved has become known in any other way than through the assignment or that is publicly known. The confidentiality obligation shall not be applicable when Wakandi or the Customer is obliged by law to disclose the information.
17. Breach of the terms
17.1 Without prejudice to Wakandi’s other rights under these Terms, if the Customer breaches these Terms in any way, Wakandi may take such action as Wakandi deems appropriate to deal with the breach, including suspending the Customer’s access to CAMS Starter, prohibiting the Customer from accessing the Software, blocking Customer’s devices using the IP address from accessing the Software and/or bringing court proceedings against the Customer.
18. Governing Law and Dispute resolution
18.1 These Terms shall be interpreted and governed in accordance with the Laws of Kenya and the Customer submits to the non-exclusive jurisdiction of Kenya for the resolution of any dispute.
18.2 In the event of any dispute, controversy or claim arising out of or in connection with these Terms, including any questions regarding it or its existence, validity or termination, both Wakandi and the Customer shall agree to negotiate in good faith and to use reasonable endeavours to resolve such dispute, controversy or claim within fifteen (15) days of the notification.
18.3 Any dispute, controversy or claim which has not been resolved in accordance with clause 18.2, shall be resolved by arbitration under the Arbitration Act 1995, and there shall be three (3) arbitrators, both Wakandi and the Customer shall appoint one arbitrator and the third arbitrator who shall be the chairman will be appointed by the two (2) arbitrators appointed. The seat and venue of arbitration shall be Nairobi, Kenya and the language to be used in the arbitral proceedings shall be in English.
19. Miscellaneous
19.1 Wakandi reserves the right to amend these Terms, and any other documents referred to herein, without any prior notice to the Customer. The continued use of CAMS Starter by the Customer shall be considered as an acceptance of the modifications made to these Terms.
19.2 Wakandi may provide a notification on the Software or a written notice through email or other sources to intimate the Customer about the changes or updates to the Terms.
19.3 Wakandi may transfer these Terms without the Customer’s consent:
- to a parent company, subsidiary or affiliated company of Wakandi; or
- by business transfer or any other reorganisation.
19.4 Wakandi may subcontract parts of CAMS Starter to a subcontractor. Wakandi shall be responsible for breaches of this Agreement caused by its subcontractors.
19.5 The Customer may not seek to establish or cooperate with any business in direct competition with Wakandi in Kenya during and for a period of two (2) years following the termination of these Terms.
19.6 These Terms represent the entire understanding and agreement between Wakandi and the Customer regarding CAMS Starter and supersedes all other previous agreements.
19.7 If any part of these Terms is found to be unenforceable, invalid, or illegal, the rest of the Terms shall nonetheless continue in effect, and the unenforceable part shall be amended and/or varied to the extent possible to make it enforceable but still consistent with the objectives of Wakandi.
19.8 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between Wakandi and the Customer, or authorise the Customer to make or enter any commitments for or on behalf of any organization.
20. Contact Wakandi
20.1 If the Customer has any queries or clarifications required about these Terms, the Customer can contact Wakandi using the information given below.
Email address: post@wakandi.ke
Phone number: +254 769 592 668