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TERMS AND CONDITIONS

The Terms and Conditions below describe the terms and conditions that apply to and govern Your access to and use of the KenwanGlobal website and Services. Do not use or access the KenwanGlobal website or Services unless you agree to theseTerms and Conditions.

The following terms, will have the following meanings:

• "ACH" is the automated clearing house.
• "Bank Account" is the deposit account with a US insured depository that a Sender designates to be debited in the amount necessary to complete a Money Transfer.
• "Transfer Fee" is the fee charged to a Sender to complete a Money Transfer.
• "Credit Card Account" is a Credit Card Account related to the VISA or MasterCard credit card issued by a financial institution in the United States that a Sender authorizes KenwanGlobal to charge against in order to pay the Transfer Amount and Consumer Fee, whether as the initial form of payment or as a back-up funding source to the Bank Account.
• "Debit Card Account" is a Debit Card Account related to the VISA or MasterCard debit card issued by a financial institution in the United States and tied to US insured depository that a Sender authorizes KenwanGlobal to charge against in order to pay the Transfer Amount and Consumer Fee, whether as the initial form of payment or as a back-up funding source to the Bank Account.
• "Password" is the private security code created by the Sender that permits
  access to the Sender's Profile.
• "Profile" is the informational record that will be maintained by KenwanGlobal based upon the information supplied by a Sender.
• "Receipt" is the form containing information regarding your Transfer that can be printed by a Sender.
• "Receive Amount" is the amount of money that is paid to the Receiver.
• "Receiver or recipient" is a person who receives money from a Sender as the result of a Money Transfer. A Receiver is not a party to this Agreement.
• "Reference Number" is the unique number that KenwanGlobal issues to a Sender to give to the Receiver to assist the Receiver in proving his or her authority to receive the transfer Amount.
• "Sender" is a person who uses KenwanGlobal service to transfer money to the receiver. A Sender is bound by the terms of this Agreement.
• "Transfer" refers to a money transfer using the Money Transfer Service.
• "Transfer Amount "is the amount sent by the Sender to a Receiver, excluding the transfer Fee.
• "User ID" is the code that links to the Sender's Profile for identification purposes.

A KenwanGlobal Money Transfer consumer that is located in the U.S. (the "Sender") may send a money transfer to be picked up by a designated recipient (the "Receiver") at any Equity Bank location in Kenya through the KenwanGlobal.com website using a U.S. issued Visa or MasterCard credit card or debit card issued by or through a financial institution located in the U.S. ("bank card").Money transfers will normally be paid to the Receiver in cash, check or a combination thereof. Money transfers are usually available for pick up by the Receiver promptly after validation of Your information which may take up to 24 hours.

The Receiver must present a valid form of identification in accordance with KenwanGlobal policies. Sender and Receiver represent, warrant and certify to KenwanGlobal that their use of the Services shall not in any way, directly or indirectly , (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use.

When required by applicable law, money transfers will be reported to federal, state, local or foreign authorities. In addition, KenwanGlobal will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide KenwanGlobal with certain information to allow, among other things: to verify Your identity; to receive appropriate bank card authorization; and to complete the transaction.

You agree that the information You provide is not false, inaccurate or misleading. You represent and warrant in connection with any Transfer that
(a) the Transfer information, including information about the Receiver and Biller, is accurate,
(b) your Credit Card Account, Debit Card Account or Bank Account, as applicable, has sufficient funds or credit, as applicable, to make the Transfer,
(c) the Transfer is lawful,

(d) the Transfer complies with the terms of this agreement.
Eligible Users In order to use the Service:
1. You must have a postal mailing address in the United States and a valid
and active e-mail address.
2. You must have a valid Credit Card Account
3. If you wish to pay by ACH debit you must have a Bank Account
4. Your mailing address must match the billing address for your Credit Card
Account and/or Bank Account (as applicable)
5. You must be a United States resident
6. You must be at least 18 years of age.
7. You cannot send a Transfer on behalf of a third party.
8. Other restrictions may apply.

CURRENCY EXCHANGE
KENWANGLOBAL DOES NOT MAKE MONEY WHEN IT CHANGES YOUR DOLLARS INTO FOREIGN
CURRENCY.
After talking to many of our customers, they feel that they do not have to pay twice for sending money. One through Transfer fees by the sender and one through currency exchange rate by the receiver. KenwanGlobal uses the current market exchange rate as quoted by Central bank of Kenya and authorizes the payment amount in Kenya Shillings. The currency exchange rate is determined and controlled by KenwanGlobal at the time of sending.

FEES, PAYMENT AND CURRENCY EXCHANGE
In consideration for the use of the Service, You agree to pay to KenwanGlobal a fee for each money transfer initiated by You at the applicable rate then in effect (the "transfer fee"). The applicable transfer fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services.

REFUNDS
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the money transfer will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by KenwanGlobal. REFUNDS OF TRANSFER FEES will be made upon written request of the Sender if the money transfer is not available to the Receiver within the time specified by KenwanGlobal for the selected service, subject to the hours of operation that the Service is offered at the Agent location. Refunds will be made within 45 days of receipt of a valid written request from the Sender.

TEST QUESTION
TEST QUESTIONS may be used but only in conjunction with proper identification by the receiver. We insist on knowing our customers, both the sender and the receiver. The receiver must have either a national ID, or passport to receive. Before sending money through KenwanGlobal make sure your receiver has proper identification. If in doubt we will use the test question to authenticate the receiver.
Password Protection.
You must use your User ID and Password to initiate a Transfer. You agree that your Password has the same effect as your written signature and can be used to authorize Transfers. You agree not to divulge your Password to any other person, and you agree not to use another person's User ID or Password. If, notwithstanding the foregoing prohibition, you give your Password to another person, you will be deemed to have authorized such person to use that Password for any and all purposes, without limitation. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your Password. You agree that, to the extent permitted by law, you will assume the entire risk for fraudulent or unintentional use of your Password and that neither KenwanGlobal nor any Service Provider shall have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your Password to any other person, including any losses or damages arising out of the disclosure of your Password by the recipient to another person.

LIMITED LIABILITY
KenwanGlobal reserves the right to limit the principal amount of a money transfer, or to reject a proposed money transfer, in its sole discretion. KenwanGlobal assumes no obligation to make payment of the money transfer or to complete the applicable money transfer transaction if it does not receive authorization from the bank card issuer, nor does KenwanGlobal assume any liability for damages resulting from nonpayment of the money transfer or any failure to complete any applicable Service transaction by reason of such lack of authorization. KenwanGlobal reserves the right to refuse to provide the Services to You, at any time, for any reason deemed necessary to protect its interests.

INDEMNIFICATION
Except to the extent that KenwanGlobal is otherwise liable under this Agreement or by law, you agree to indemnify and hold KenwanGlobal, its shareholders, subsidiaries, affiliates, directors, officers, employees, agents, representatives, suppliers, Service Providers, and subcontractors
harmless from any and all losses, liabilities, claims, demands, judgments and expenses, including but not limited to reasonable attorney's fees, arising out of or in any way connected with your use of or the performance of the Services and your violation of the Terms and Conditions.
KenwanGlobal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. You provide this indemnification without regard to whether our claim for indemnification is due to the use of the Services by you or on your Bank Account or Debit Card Account. You shall not in any event settle any matter without the written consent of KenwanGlobal.
Electronic delivery of future disclosures and System malfunctions/Limitation You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between You and KenwanGlobal on this website or at the primary email address You provided during registration. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify KenwanGlobal. You may revoke Your consent at any time by contacting KenwanGlobal. KenwanGlobal nor any Service Provider shall not be liable
for any loss or damage resulting from a cause outside its direct control, including the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, "hacking," unauthorized access, theft, operator error, severe
weather, earthquakes, natural disasters, strikes or other labor problems, wars, acts of terrorism, or government restrictions, or for any information lost due to malfunction or loss of any mail systems. Resolution of Disputes and claims arising from or relating to the Service and/or the
Terms and Conditions, including any dispute or claim regarding the applicability of this provision, shall be settled by binding arbitration administered by any Arbitration Forum governed by the Federal Arbitration Act, 9 U.S.C.§1-16. Each party shall bear its own attorney's, expert's and
witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a member of any class action suit pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. The parties acknowledge and agree that, except as expressly provided in this paragraph, they are waiving all rights to a trial by court or jury as a means of resolving any disputes arising out of or relating to this money transfer. Any such arbitration shall be initiated within one (1) year after the controversy or claim arose. By accessing and using the Services on the Website, you agree to the terms and conditions of this Agreement.

OTHER MATTERS
This Agreement constitutes the entire agreement between you and KenwanGlobal and supercede all prior agreements or understandings You have with KenwanGlobal. KenwanGlobal has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without KenwanGlobal's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. The KenwanGlobal website and Service are directed to persons
age 18 and over residing in the United States. The KenwanGlobal website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. To the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to the use of the Services or this Agreement must be filed within one (1) year after such claim.

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