Legal
Last updated: 1 January 2025 | Effective date: 1 January 2025
These Terms of Service ("Terms") govern your access to and use of the Nuru Chamani platform, web portal, mobile application, and related services (collectively, the "Services") provided by Yokasre Consulting Limited, a company registered in Kenya ("Yokasre", "we", or "us"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
You must be at least 18 years of age and legally capable of entering into binding contracts under Kenyan law to use the Services. By registering, you represent that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@nuruchamani.co.ke if you suspect unauthorised access.
Access to the Services is subject to a licence fee as set out on our Pricing page. All fees are quoted in Kenya Shillings (KES) and are inclusive of applicable taxes unless otherwise stated. The Standard Plan requires a one-off setup payment plus an annual support and updates fee. Fees are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to adjust fees upon giving at least 60 days' written notice to active subscribers.
Subject to these Terms and timely payment of applicable fees, Yokasre grants you a non-exclusive, non-transferable, revocable licence to access and use the Services solely for your chama's internal financial management purposes. You may not sublicence, resell, or otherwise make the Services available to third parties without our express written consent.
You agree not to use the Services to:
We reserve the right to suspend or terminate accounts engaged in prohibited activities without notice or refund.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your use of member data within the Platform complies with applicable data protection laws, including the Data Protection Act, 2019. As a data controller for your chama's member data, you are responsible for obtaining appropriate consent from your members to process their data on the Platform.
Nuru Chamani is a management and record-keeping platform. We do not hold, custody, or transmit funds on your behalf unless expressly stated under a separate written agreement. Transaction records on the Platform are for administrative purposes and do not constitute bank statements or audited accounts. Yokasre accepts no liability for financial losses arising from incorrect data entry, unauthorised access, or decisions made based on Platform records.
All intellectual property rights in the Platform, including software, designs, trademarks, and documentation, are owned by or licenced to Yokasre. Nothing in these Terms transfers any intellectual property rights to you. Your chama's data remains your property. You grant Yokasre a limited licence to process your data solely to provide the Services.
We aim to maintain 99.9% platform availability but do not guarantee uninterrupted access. Scheduled maintenance will be notified in advance. Support is provided via email and WhatsApp during business hours (Monday–Friday, 8am–6pm EAT). Enterprise clients benefit from enhanced SLA terms as agreed in their separate service agreement.
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be error-free or that defects will be corrected within any specific timeframe.
To the fullest extent permitted by applicable law, Yokasre's total liability for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim. Yokasre shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits.
You agree to indemnify and hold harmless Yokasre, its officers, employees, and agents from any claims, losses, damages, or expenses (including reasonable legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
Either party may terminate these Terms by giving 30 days' written notice. We may terminate immediately if you breach these Terms materially and fail to remedy the breach within 7 days of notice. Upon termination, your licence to use the Services ceases and we will make your data available for export for 30 days, after which it may be deleted. No refunds are issued for unused subscription periods except where required by law.
These Terms are governed by the laws of Kenya. Any disputes shall first be submitted to good-faith mediation. If mediation fails within 30 days, disputes shall be resolved by binding arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules, seated in Nairobi, Kenya, conducted in English.
We may amend these Terms at any time by posting the updated version on our website. Material changes will be notified to active users at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the amended Terms.
For questions about these Terms: