1. INTRODUCTION AND ACCEPTANCE

1.1 These Terms and Conditions (“Terms”) govern access to and use of the Jenga Rider Application (“the App”, “the Platform”), a digital learning platform owned and operated by the Co-operative Bank of Kenya Limited (“the Bank”, “Co-op Bank”, “we”, “us”);

1.2 The App provides boda-boda riders (“Rider”, “you”, “your”) with self-paced digital learning content on road safety, financial literacy and personal development, together with course delivery, assessments, progress tracking, notifications and related features;

1.3 By downloading, registering on, clicking “I Agree” to, or otherwise using the App, you confirm that you have read and understood, and agree to be bound by, these Terms, the Bank’s Privacy Notice and any product-specific terms expressly brought to your attention;

1.4 You must be at least 18 years old and legally capable of entering into a binding contract under the laws of Kenya to register on the App.

2. DEFINITIONS

2.1 “Course Content”: means all educational materials, videos, quizzes, assessments and other resources made available on the App;

2.2 “Personal Data”: has the meaning assigned to it under the Data Protection Act, 2019 (“DPA”);

2.3 “Certificate”: means any digital acknowledgment of course completion issued through the App, which is not a professional, statutory or regulatory qualification unless expressly stated;

2.4 “Bank Product”: means any deposit, credit, insurance or other financial product or service offered by Co-op Bank or its subsidiaries.

2.5 “Programme Partners”: means partners who have entered into an agreement with the Bank or Co-operative Bank Foundation for the delivery, administration, monitoring, or evaluation of programmes targeting boda boda riders.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Registration is open to bona fide boda-boda riders who provide accurate and complete information reasonably required for registration and verification, which may include identification details, a valid riding licence or permit where applicable, and an active mobile phone number. The Bank will collect only information reasonably necessary for the stated purposes;

3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account. You must notify the Bank immediately of any unauthorised use of your account through customerservice@co-opbank.co.ke;

3.3 The Bank reserves the right to verify the information you provide and to suspend or decline registration where information is false, incomplete or cannot be verified;

4. NATURE OF THE SERVICE

4.1 The App is an educational tool only. Course Content is provided for general informational and capacity-building purposes and does not constitute financial, legal, medical, tax or professional advice;

4.2 Road safety content supplements, and does not replace, applicable traffic laws, National Transport and Safety Authority requirements, or mandatory statutory riding training and licensing requirements. Riders remain responsible for compliance with applicable law;

4.3 Financial literacy content is general in nature. Any decision to acquire a Bank Product remains at your sole discretion, subject to that product’s own terms, conditions and independent suitability/affordability assessment by the Bank;

4.4 Use of the App does not create any employment, agency, partnership or franchise relationship between you and the Bank. Riders are independent persons and are not employees, contractors or agents of the Bank by virtue of App use.

5. LICENCE AND INTELLECTUAL PROPERTY

5.1 Subject to your compliance with these Terms, the Bank grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the App for personal, non-commercial learning purposes only;

5.2 All Course Content, trademarks, logos, software and other materials on the App are owned by or licensed to the Bank and are protected under the Copyright Act and other applicable intellectual property laws. You may not copy, reproduce, distribute, sell or create derivative works from any App content without prior written consent.

6. ACCEPTABLE USE

You agree not to:

6.1 Use the App for any unlawful, fraudulent or abusive purpose, or to impersonate another person;

6.2 Attempt to gain unauthorised access to the App, its systems, other users’ accounts or Bank data;

6.3 Upload viruses, malicious code, or content that is defamatory, obscene or discriminatory;

6.4 Manipulate assessments, share answers, or otherwise circumvent the integrity of the learning process;

6.5 Reverse-engineer, decompile or interfere with the proper functioning of the App;

6.6 Breach of this clause may result in suspension or termination of your account and, where applicable, referral to law enforcement.

7. ASSESSMENTS, PROGRESS TRACKING AND CERTIFICATES

7.1 The App will track course progress, assessment scores and completion status for your reference and for administration, monitoring and evaluation of the programme by the Bank and authorised Programme Partners. Wherever reasonably possible, programme-outcome reports will be provided in aggregated or anonymised form;

7.2 Certificates, badges or trophies issued through the App confirm completion of specific Course Content and do not constitute a statutory riding licence, NTSA certification or professional qualification.

8. NOTIFICATIONS AND COMMUNICATION

8.1 To operate the App and administer your account, the Bank may send necessary service communications, including security alerts, course reminders, assessment results, system updates and notices of material changes, through SMS, push notification, email, USSD or in-App messaging. These communications are not marketing messages and may be necessary for continued use of the App;

8.2 Marketing or promotional communications relating to Bank Products are separate and optional. You may withdraw that consent or opt out at any time using the method stated in the relevant communication;

9. DATA PROTECTION AND PRIVACY

9.1 The Bank is a data controller registered with the Office of the Data Protection Commissioner (ODPC) and processes your Personal Data in accordance with the Data Protection Act, 2019, its Regulations and the Bank’s Privacy Notice, available on the App and the Bank’s website: https://www.co-opbank.co.ke/;

9.2 Categories of Personal Data collected may include identification details, contact details, riding permit/licence details, learning activity and assessment data, device and usage data, and any information relevant to Bank Product eligibility;

9.3 Your Personal Data may be processed for account administration; verification; delivery and tracking of Course Content; security and fraud prevention; compliance with legal and regulatory obligations; generation of aggregated or anonymised reports on programme outcomes; and, where lawfully permitted, evaluation of your interest in Bank Products. The applicable lawful basis may include performance of these Terms, compliance with legal obligations, the Bank’s legitimate interests where those interests do not override your rights, or your consent where required;

9.4 The Bank will retain Personal Data only for as long as reasonably necessary for the stated purposes or as required by applicable law, regulatory obligations, dispute management, fraud prevention and the Bank’s applicable retention policies, after which the data will be securely deleted or anonymised;

9.5 Personal Data may be shared with: (a) the Bank’s authorised staff and service providers strictly for App operation and support; (b) any programme partners involved in delivering, administering, monitoring or evaluating the rider education initiative; (c) regulators or law enforcement where required by law. The Bank will share only that which is necessary and fit for the intended purpose with each of the parties mentioned above.

10. REFERRAL AND LINKAGE TO BANK PRODUCTS

The App may provide information about, or connect you to, Bank Products that may be relevant to riders, including savings, credit and insurance products. Any application for a Bank Product is voluntary and will be subject to the applicable product terms and the Bank’s independent eligibility, suitability and affordability assessment;

11. FEES

Access to Course Content is provided free of charge to eligible riders, excluding applicable data or airtime charges levied by the rider’s mobile network operator. The Bank may introduce charges for optional premium features only after providing prior notice of the applicable price and terms and obtaining the rider’s express election to use the paid feature.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 The App is provided on an “as is” and “as available” basis. While the Bank takes reasonable care to ensure Course Content is accurate and up to date, it does not warrant that the App will be uninterrupted or error-free;

12.2 You must not operate, view or interact with the App while riding a motorcycle or operating any vehicle. Only access the learning content while stationary and in compliance with applicable traffic laws.

12.3 Subject to any liability that cannot lawfully be excluded or limited, and to the maximum extent permitted by law, the Bank shall not be liable for indirect, incidental or consequential loss arising solely from use of, inability to access, or reliance on the App or Course Content, including loss caused by network or connectivity failures or acts of third parties or any incidents that may occur while operating a motorcycle or any vehicle;

13. SUSPENSION AND TERMINATION

13.1 You may deactivate your account and disable access to the App at any time. The Bank may immediately suspend or terminate access where reasonably necessary to address suspected fraud, security risk, unlawful activity, or a legal or regulatory requirement. For any other material breach, the Bank may provide reasonable notice and an opportunity to remedy the breach where practicable. The Bank may also close an account after a prolonged period of inactivity upon reasonable prior notice;

13.2 On termination, your right to use the App ceases immediately. Deactivation or termination does not necessarily result in immediate deletion of all Personal Data, which will be retained or deleted in accordance with clause 9, the Privacy Notice and applicable law.

14. AMENDMENTS TO THESE TERMS

The Bank may amend these Terms from time to time. Revised Terms will state their effective date and will be made available through the App or the Bank’s designated website. Where an amendment materially affects your rights or obligations, the Bank will provide reasonable prior notice through the App or your registered contact details. Where required by law, the Bank will request renewed consent before the amendment takes effect. The current effective version supersedes previous versions.

15. APP AVAILABILITY, UPDATES AND THIRD-PARTY SERVICES

The Bank may maintain, update, modify, replace, suspend or discontinue all or part of the App where reasonably necessary for security, legal, regulatory, operational or technical reasons. Where practicable, the Bank will provide reasonable notice of a material discontinuation.

The App may contain links to third-party websites or services. Those services are governed by their own terms and privacy notices. The Bank is not responsible for their content or operation except to the extent required by law.

16. SECURITY AND USER RESPONSIBILITIES

You must take reasonable steps to secure your device and account, use current security updates where available, and promptly report any suspected compromise or unauthorised activity through the support channels provided in the App.

17. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of Kenya. If you have a complaint concerning the App, you should first submit it through the contact channels provided in the App or in the Privacy Notice. If the complaint is not resolved, either party may refer the dispute to a court of competent jurisdiction in Kenya, without prejudice to any statutory complaint or redress mechanism available to the rider.

18. FORCE MAJEURE

The Bank will not be responsible for delay or failure to perform an obligation under these Terms to the extent caused by an event beyond its reasonable control, provided that this clause does not exclude any liability that cannot lawfully be excluded.

19. GENERAL PROVISIONS

19.1 If any provision of these Terms is found unlawful or unenforceable, the remaining provisions shall continue in full force and effect;

19.2 These Terms, together with the Privacy Notice and any product-specific terms expressly accepted by you, constitute the entire agreement between you and the Bank concerning use of the App and supersede any prior understanding on that subject;

19.3 No failure or delay by the Bank in exercising any right under these Terms operates as a waiver of that right.

19.4 You may not assign or transfer your account or any right under these Terms. The Bank may assign its rights or obligations under these Terms to an affiliate or successor, subject to applicable law and without reducing your statutory rights;

19.5 Clauses concerning intellectual property, liability, data retention, governing law and dispute resolution will survive termination to the extent necessary to give them effect;

19.6 Where these terms are provided in more than one language, the English version will prevail to the extent permitted by law and in the event of inconsistency.

By clicking “I Agree” or registering on the Jenga Rider Application, you confirm that you have read and understood these Terms and the accompanying Privacy Notice and agree to be bound by the Terms. Any consent to separate optional processing, including direct marketing, will be requested separately.