Your gateway to crypto world

Terms of use

Terms of use
1   Introduction and your acceptance of the terms of use

1.1 Please read these terms of use carefully in its entirety before using our website, https://yiksi.com, Yiksi Wallet or any service offered therein. By using Our website, Yiksi Wallet App or otherwise accessing or using our services, you agree to the terms of use. If you do not accept the terms of use or any provision therein, do not install the Yiksi Wallet App, access the website or use the services.


1.2. Yiksi Limited is a Limited Liability Private Company incorporated in Nairobi Kenya, vide registration No PVT-27U5M39E. Yiksi Wallet is a mobile wallet fully owned by Yiksi Limited designed for seamless management of both crypto and fiat assets. The Company shall be referred to as ‘Yiksi’ “us,” “we,” ”our” or “company”.

1.3. The users of our website https://yiksi.com (the “site”) and Yiksi Wallet App shall be referred to as “User(s)” “you,” “your” or “yourself”. By using our site, installing Yiksi Wallet app and/or by registering to use our services, you accept and comply with the terms and conditions governing the use of the site and the services offered therein (the “terms of use”).
You should read the entire terms and conditions of use carefully before you use the site, Yiksi Wallet App or any of the services offered on the site (the “services”). If you do not agree to any term of these terms of use, you are required not to use the site and the services.

2     Registration and your account eligibility

By opening an account to use the services (the “account”), you expressly represent and warrant that:

i) you have accepted these terms of use; By registering for an Account, accessing, downloading, using or clicking on “I agree” to accept any Yiksi Services, it is deemed that you have read, understood, irrevocably accepted and be legally bound by all terms and conditions stipulated in this Agreement alongside any other agreements, transaction and operation rules, announcements and other rules (as amended from time to time) you may be required to accept including but not limited to the Privacy Policy and that you agree to be legally bound by any and all terms and conditions thereof. In addition, when using certain features of the Services, you will be subject to specific additional terms and conditions applicable to those features such as the relevant Product Agreement.

ii)  You are at least 18 years of age; you are of sound mind and capable of taking responsibility for your own actions, and have the full legal capacity to accept these terms of use and enter into a transaction involving local fiat mobile money and digital currency (as defined below); and all information and details that you submit to us during the initial registration process, and thereafter (including as part of any use of the services), are true, current, complete and not misleading and, as appropriate, match the registered name(s) on the mobile money payment accounts to be used to receive fiat money (defined below) in exchange for the digital currency.

iii) If you are a legal entity, such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of the entity, and you are duly authorized to act on behalf of and bind such legal entity.

iv)  You have not previously been suspended or removed from the Site or Services.

3     Personal use of your account

3.1 The site is for your own personal and non-commercial use only. You may only open one account, and you acknowledge that multiple accounts are not allowed.

3.2. You further agree that you will not use any account other than for your own use or access the account of any other registered user at any time or assist others in obtaining unauthorized access.
You are prohibited from using any of our Services for resale purposes or for any other third parties, including transactions on behalf of other persons or entities. 

3.3 You are fully responsible for all activities that occur under your Account, including for ensuring that all persons who access and or use our Services through your Account, are aware of the terms and conditions of your Agreement with us and comply with them. You will be bound by, and hereby authorize us, to accept and rely on, any instructions, orders, transactions, notices, communications and any other actions initiated, made, provided or taken by anyone who has accessed or used your Account. In the event that you are accessing our Sites and/or Services on behalf of any beneficiary, natural person or legal person including any forms of incorporation, partnership, association, organization or any other entity type (“Represented Person ”), your continued access of our Site and/or Services shall constitute your representation to us that you have been duly authorized by such Represented Person to use our Site and our Services, perform any transactions or activities thereon, and to therefore bind your Represented Person to this Agreement and to any such transactions or activities that you have performed. Accordingly, when the term “you” is used herein this Agreement and any associated contents, terms and policies, “you” shall refer not only to you the actual user as an individual, but also the Represented Person, and therefore both you and the Represented Person are jointly and severally bound under the Agreement. Accordingly, you also hereby undertake that the Represented Person is capable of and agreeable to being bound by the Agreement.

 3.4 By registering with us, you agree to provide us with current, accurate, authentic, and complete information about you, which may include without limitations, your name,         e-mail address, home address, telephone number, id number, birthdate, mobile money payment number, digital wallet addresses as prompted by the registration and/or verification process, or as prompted at any time following registration, and you are required to keep any such submitted information updated at all times.

3.5 Verification process. We may verify your details, at any time, by requesting certain documents from you. These documents may typically include a government issued identity card, passport, proof of address, such as bank address proof, utility bill, and proof of your payment method. We may request that copies of such documents are notarized at your own expense, with a stamp and attestation or certification by a public notary. Should the documents fail our internal security checks for any reason, such as upon suspicion of tampering, or due to suspicious or proven misrepresentation, we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that you participate in a phone or video call to verify your identity.

3.6 We may also perform further background checks on you and request any relevant documentation from you for any reason related to your use of the services and/or as supporting evidence for any information you provide.

3.7 You acknowledge that to conduct such verification process and/or background checks, we may perform inquiries, directly or indirectly through third party service providers in the attempt to prevent misidentification, fraud, suspicious activity, money laundering or any other forbidden activity, and may take actions with respect to the outcome of such inquiries, as we deem necessary. You hereby provide us with your authorization for such inquiries, including with respect to a query of your account information.

3.8 The aforementioned notwithstanding, the company may, at any time, and in its sole discretion, deny you the option to open an account, limit the account that you may establish and maintain, or suspend any transaction pending our review of any information submitted by you.

3.9 Confidentiality of your account. You acknowledge that you are responsible for maintaining the strict confidentiality of your account information, including your password, safeguarding your own digital currency wallets, and for all activity and transactions that are posted to your account. You understand that any compromise of your login information may expose your account to unauthorized access by third parties which may result in loss or theft of digital currency or funds from your account, including linked accounts, such as your linked local mobile money wallets or numbers.

3.10 Security alerts.  to receive security alerts from the company, you must update the company with respect to changes in your email address and telephone number. In no event will the company be held responsible for any damages or losses which you may sustain because of compromise of your account login credentials due to no fault of the company and/or failure to follow or act upon any notices or alerts that we may send to you. Notwithstanding the above, the company does not guarantee to provide you with said alerts or to take any other action in this regard and shall not be held liable for not doing so.

3.11,  misuse The creation or use of an account without obtaining our prior express permission will result in the immediate suspension of any such account, as well as all exchange offers. Any attempt to do so or to assist others (former registered users or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the accounts of such users being terminated, without derogating from any other remedy to which the company may be entitled for such a violation, and the company may take further actions against you.

3.12 You are required to notify us immediately of any unauthorized use of your account or password, suspected compromise of your login information, or any other breach of security by email, addressed to support@yiksi.com.

3.13. We may terminate the account of any user who does not comply with our verification or security requests, or otherwise violates the foregoing rules, and such user may be held liable for losses incurred by the company or by any third party due to the user’s non-compliance and/or violation of rules.

3.14. responsibility for third party acts. Your account is for your personal use only, and not for the use or access by any third party. In any event, you are fully responsible for all acts or omissions of any third party accessing and/or using your account.

3.15  You agree that you will not use the services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. In addition, you warrant not to use methods to conceal the location from which you access the site and that you will disclose to the company your accurate and true location. should the company determine in its sole discretion that the activity on your account is suspicious or related to any prohibited activity or illegitimate operation, the company may cancel or suspend your account, block any outstanding transactions, deny any new transactions, and/or freeze any funds available on your account.

3.16 You agree that you shall not modify or update your registered wallet addresses, mobile money accounts, or any other payment-related information associated with your account without prior authorization. Any request to change such information must be submitted directly to the Customer Support (support@yiksi.com) and shall be subject to verification procedures as determined by the Company, in its sole discretion.

The Company reserves the right to deny, delay, or condition approval of any such request in order to prevent fraud, unauthorized access, or other security concerns. Unauthorized attempts to change payment information may result in the suspension or termination of the User’s account, and may be reported to the appropriate authorities if deemed necessary.

3.17  You agree to receive promotional and/or informational emails from us to the email address you provided in your account.

4     Provision of the services

4.1. Cryptocurrencies Transactions. The services allow users to deposit, withdrawal, convert or transfer cryptocurrencies and local mobile money payment methods that may be available on the site from time to time (the “cryptocurrency and local mobile money”).

4.2 Sale of cryptocurrencies.  at the company’s sole discretion, the company may also elect to allow users to sell cryptocurrency to the company.


4.3. Upon successfully opening and establishing your account following the verification process, you may begin purchasing or selling cryptocurrencies and local mobile money, as applicable, on a per transaction basis in exchange for USD as determined by the company from time to time (collectively and individually, the “fiat money”).

4.4. No guarantee of payment methods. You may send and/or receive fiat money to and from the company through local mobile wallets. However, the company cannot guarantee that all such payment methods will always be available to you. The availability of each payment method depends on several factors, the identification information you have provided the company, and certain limitations imposed by third party payment processors, if any.

4.5. Local Mobile Payment Wallet. You understand and accept the following terms regarding any local mobile money deposit you make to the company’s account in connection with your cryptocurrency transactions:

If the payment actually received by the company’s local merchant account, net of any applicable local mobile money or administrative fees, is less than the amount required to complete your transaction, the company, at its sole discretion, will either:

  1. automatically update and complete your transaction based on the net payment received and notify you of the updated transaction details; or
  2. contact you to obtain new instructions to amend or cancel your transaction.

If the payment received, net of applicable fees, exceeds the amount required to complete your transaction, the company, at its sole discretion, may:

  1. update your transaction to reflect the amount received if the difference is no more than USD 50 and notify you accordingly; or
  2. contact you to obtain new instructions to amend or cancel your transaction.

4.6. Delivery of cryptocurrencies. The company will use reasonable efforts to complete your transaction at the earliest reasonable time in accordance with the terms and conditions hereunder. You acknowledge that your transactions may be completed separately from the payment process, and it may take time for the cryptocurrency transaction to be processed. You also acknowledge that on some occasions, the company may not be able to fulfil cryptocurrency transactions as further explained herein.

4.7. Address Book. You understand and agree that for each transaction you initiate with us whether it is a deposit, withdrawal, conversion, or transfer we will deliver the relevant cryptocurrencies to the personal digital wallet address you provide (your “wallet account”), which you are required to verify with us upon our request. This verification may be conducted via email or other electronic means, as determined by us. If you do not complete the verification of your wallet account within 30 days of our verification request, we reserve the right to proceed with the transaction by sending the cryptocurrencies to the wallet account initially provided with your transaction request, regardless of whether verification has been completed. You acknowledge and accept that once cryptocurrencies are sent to your wallet account, we will not be able to retrieve them under any circumstances.

4.8. You may request to change your registered crypto wallet address or mobile money number no more than three (3) times within any seven (7)-day period. All such change requests must be submitted through the appropriate support channels (email to support@yiksi.com) and are subject to identity verification and administrative approval.

You agree that we reserve the right to reject or delay requests that exceed this limit or appear suspicious, fraudulent, or inconsistent with normal usage patterns. Repeated or excessive requests to change payment information may result in temporary account suspension, investigation, or termination.

4.9. You acknowledge that the company will not be liable for any error with respect to the instructions you provide.

4.10. No Guarantee of Value or Liquidity. You acknowledge and accept the risks involved in cryptocurrency transactions, including that the company makes no guarantees that any cryptocurrencies will retain any specific value or market liquidity at any time in the future. There is no guarantee that you will be able to sell, transfer, or otherwise dispose of cryptocurrencies to any third party. In all cases, the company is under no obligation to purchase any cryptocurrencies from you, regardless of whether they were originally acquired through the company or elsewhere.

5     Price of cryptocurrencies and the execution of your order

5.1 Price. The rate at which cryptocurrencies are purchased, sold, converted, or otherwise transacted shall be determined based on the price displayed in the quote (the “price”).

5.2. Notwithstanding the above, you hereby understand and agree that any price displayed on the site at which the company sells or buys the cryptocurrencies is accurate for that present moment alone, and the price which appears on the site upon your order for the services may be the final price or rate of your transaction.

5.3. The final price of your transaction (the “final price”) will be the price which appears on the site upon: our receipt of confirmation of payment from the relevant mobile money provider with respect to mobile money payments made by you; our receipt of confirmation of payment from our local payment merchant with respect to fiat money payments made by you via local mobile money payment deposit; and the actual crediting of our crypto wallet accounts with the cryptocurrency with respect to cryptocurrencies credited to us by you.

5.4. You understand and agree that the final price may be either higher or lower than any other rate or price which was previously available on the site.

5.5. As soon as reasonably practicable thereafter, and subject to the completion of our kyc process to our satisfaction, we shall execute your order at the final price (the “execution”). Until execution, any order by you shall be considered as pending and not completed and shall not be binding on us whatsoever.

5.6. Delivery. As soon as reasonably practicable after the execution of your transaction whether it is a deposit, withdrawal, conversion, or transfer delivery will be made as follows: for transactions involving cryptocurrencies sent to you, the relevant cryptocurrencies will be delivered by us to your designated wallet account. While we strive to complete the transfer promptly, please be aware that processing times may vary. For transactions involving the sale or withdrawal of cryptocurrencies to fiat, we will deliver the fiat funds via our local mobile money merchant transfer or other third-party payment processors, using the payment details you provided during registration and/or at the time of your transaction. Following the execution of any transaction, we will provide you with a transaction confirmation via the site, email, or other means outlining the final amount, price, and other relevant details regarding the transaction (the “transaction confirmation”).

5.7. Any payment by us to you, whether of fiat mobile money or cryptocurrencies, shall be paid after deduction of any applicable fees, including the applicable transfer fees.

5.8.Cancellation policy. You acknowledge that executed transactions are non-cancellable and you cannot change or reverse any transaction whether completed or pending. Notwithstanding the above, the company, in its sole discretion, without any obligation whatsoever, may endeavour to comply with a request from you to cancel a transaction on your account. Subject to applicable law and regulation, in the event the company cancels your transaction after having received fiat money or cryptocurrencies from you with regards to such order, the company will refund such funds to you minus any costs or expenses incurred with regards to such refund, including without limitation any local mobile money payment charges, payment processing charges or any blockchain gas fees. With respect to cancellation of your sales order after having received cryptocurrencies from you, the company will credit you with such cryptocurrencies minus applicable transaction costs and expenses. Any return for a cancelled transaction shall be at an exchange rate determined in the company’s sole discretion.

5.9.Unsuccessful payments. If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, you agree that the company, in its sole discretion, may:
(i) cancel any applicable transaction.
(ii) fulfil a portion of that transaction; or
(iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction. In the event of termination of any transaction the company will make reasonable efforts to provide you with notification of such termination.

5.10. Ownership of your crypto wallet address account. To executing any transaction, you guarantee to use and provide the crypto wallet address account owned by you exclusively and which is under your sole and full control to which all cryptocurrencies’ transactions will be executed

5.11. The company reserves the right to deny processing any transactions, or cancel any pending transaction if: required to do so by law, regulation, competent court order, or other competent authority; the company considers any such order or transaction as violating any provision of these terms of use, or applicable law or regulation; it exceeds any limit which may apply to the number or volume of transactions in any given period, in accordance with company’s policies, as may be amended from time to time, or any other applicable laws and regulations; or such transaction places the company’s operation, good name, or reputation at risk. In addition, the company may take any additional actions available to it under these terms of use or other applicable laws and regulations with respect to such transaction.

6     Users content

6.1. Should you upload any content on the site, including without limitations, any text, photo, or other material, you warrant that such content will not consist of: (a) false, misleading information or misappropriation; (b) copyrighted material which you are not authorized to post publicly; (c) obscene, offensive, profane, unlawful content or any content which, subject to company’s sole discretion, may harm or risk the company’s good name and reputation; or (d) anything that is otherwise prohibited by any applicable laws.

6.2. Without relieving you of your responsibility as abovementioned, the company may, subject to the company’s sole discretion, remove any content which is in violation of the above detailed in addition to any further action which the company deems necessary. The company does not undertake to review any such contents nor assumes any responsibility in connection therewith.

6.3. You acknowledge that the company cannot and does not endorse or guarantee the authenticity, identity or reliability of any content and information either posted by any user of the site or attributed to any user of the site, thus relying on users’ content is solely at your own discretion and risk.

7     Payment transactions, third party processors

7.1. You are fully responsible for paying all sums (whether fiat money, cryptocurrencies) owed to us by you. We reserve the right to withhold any payment which is to be made to you until the company can properly identify and authenticate your identity and/or payment details (as applicable).

7.2. Third party service processors. You acknowledge that the company may, subject to the company’s sole discretion, use third-party payment processing service providers to process any payment between you and the company, including but not limited to payments in relation to your use of the services and any transaction executed by you. In such cases, you confirm that the company may provide certain personal information and/or documentation about you, including with respect to a transaction executed by you as needed to complete the transaction or as required under any inquiry or in the event of detection of fraud or suspicion of such.

7.3. In accordance with the company’s privacy policy, the company may use or transfer your information to any other third-party service providers for the purpose of providing you with the services under the site or the improvement thereof, as well as for any AML/CFT/CPF/KYC procedures, as described hereunder.

7.4. If the company reasonably believes that a fraudulent act was or is made by you or in connection with your account, including use of stolen phone number or any other fraudulent activity (including a reversal of a payment), it reserves the right to close or suspend your account, terminate the terms of use, and/or reverse or withhold any payment. The company shall be entitled to inform any relevant authorities or entities (including mobile money service provider agencies) of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. The company shall not be liable for any unauthorized use by any third party of mobile money service providers, irrespective of whether the mobile money service providers were reported stolen.

7.5. You hereby agree that you will reimburse us for any denial or reversal of your payments or deposits and any loss suffered by us because of this. In any such event, we reserve the right to cease to provide the services, terminate the terms of use, withhold transaction to you, and take any further action which we may see as appropriate.

8     Use of our technology and intellectual property

8.1. You may only install and use the software connected to the site (the “software”) and all content derived from the software, including, but not limited to, the copyright and all other intellectual property rights in the software, in connection with the services for your personal and non-commercial use and in accordance with the terms of use. The software’s code, structure and organization are protected by intellectual property rights. You must not:
(i) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise.
(ii) sell, assign, sublicense, transfer, distribute or lease the software;
(iii) make the software available to any third party through a computer network or otherwise; (iv) export the software to any country (whether by physical or electronic means); or (v) use the software in a manner prohibited by any laws or regulations which apply to the use of the software (collectively the “prohibited acts”).

8.2. You will be liable to us for any damage, costs or expenses we suffer or incur that arise out of or in connection with your commission of any of the prohibited acts. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the prohibited acts and shall provide us with reasonable assistance with any investigations we may conduct because of the information provided by you in this respect.

8.3. The brand names relating to the site and any other trademarks, service marks and/or trade names used by us, or on our own behalf (the “trademarks”), are owned by us or our licensors. In addition to the rights in the trademarks, we and/or our licensors own the rights in all other content of the site (the “content”). By using the services, you shall not obtain any rights in the trademarks or the content, and you may use the trademarks and content in accordance with the terms of the terms of use only.

8.4. Availability of the site. The company cannot and does not always guarantee the availability of the services. You acknowledge that the company reserves the right, always, to delay, deny, or make unavailable, at any time and at its sole discretion, any or all of the services and/or the site itself. The company shall have no responsibility or liability whatsoever in connection with the unavailability of any service, whether caused by the company as or by any third party or force majeure. You explicitly understand that any such event may cause a delay in the execution or processing of your orders and transactions, and you irrevocably release the company of any liability in this regard.

8.5. Security and viruses.  any use of the internet may be subject to a virus attack and/or communication failure. The company shall not bear any liability, whatsoever, for any damage or interruptions caused by computer viruses, spyware, trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The company recommends that all users should always use a reputable and available virus screening and prevention software. You should also apply caution when reviewing text messages and emails purporting to originate from the company, as SMS and emails are also vulnerable to phishing and spoofing and additional viruses. It is advisable that you log into your account through the site only and avoid using unauthentic communication advising you options to log in.

8.6. Confidential information.  provided that while using the services, you are disclosed of any confidential information, you are obligated to keep such confidential information in strict confidence and use it in connection with the services only. You may not disclose such confidential information without the company’s prior written consent. 

9     Compliance

9.1. Your use of the service must follow all laws and regulations applicable in Kenya. It is your exclusive responsibility to ensure that your use of the site and services is compliant with the applicable laws and regulations.


9.2. Where the company believes that your use of the services may not be fully compliant with applicable laws and regulations, including, but not limited to, where there is any reason to suspect that your use of the services involve any prohibited activities or you otherwise fail to complete the AML/CFT/CPF/KYC procedures described under section ‎17 below, we may refuse to provide you the service, process your transactions or accept you as a client, in addition to any other action which we may deem appropriate.

9.3. Applicable sanctions. You warrant that you will comply with all applicable international economic and export sanctions and any requirement therein. Without limiting the generality of the, you will not use the services available on site if you are on any prescribed sanctions list.

Your further agree that you will not transact with anyone on any trade or economic sanctions lists, including but not limited to the Specially Designated Nationals and Blocked Persons List (“SDN List”) and UN Sanctions List

9.4. Applicable taxes. You are exclusively responsible to inquire with respect to the taxes applicable to your transactions on the site. The company is not and will at no event be deemed as providing any tax advice or consultation. It is your responsibility to report and remit the taxes payable to the appropriate tax authorities.

10    Responsibility for Funds and Transactions

10.1 Mistaken Transfers: In the event that you erroneously transfer funds to the Company without completing a valid transaction or in contravention of the prescribed transaction process, you are required to take immediate steps to rectify the error. You acknowledge and accept responsibility for ensuring that any funds sent to the platform are applied exclusively to valid transactions within the designated timeframe.

10.2 Timeframe for Action: Users must initiate the correction of any mistakenly sent funds by either completing a valid transaction or contacting our customer support team within 24 hours from the time the transfer was made. Failure to take action within this specified timeframe will result in the Company disowning any responsibility or liability for the mistakenly sent funds. Consequently, no recovery, refund, or reimbursement will be available after the expiration of this period.

10.3 No Liability for Losses: The Company is not responsible for any lost, misplaced, or unclaimed funds that occur due to user error, including but not limited to mistaken transfers, incorrect wallet addresses, or failure to complete a transaction within the designated timeframe.

11    Transactional errors, omissions, or inaccuracies

11.1 Fiat Money Sent to an Incorrect Account or mobile money: If a User erroneously transfers fiat currency to an account not registered to their profile, we shall bear no liability for any loss, misdirection, or failure of such transfer. It is the User’s sole responsibility to ensure that all account details, including but not limited to the recipient’s account information, are accurate and properly verified prior to initiating any transaction. We disclaim any obligation to reverse or refund transactions sent to an incorrect account.

11.2 Cryptocurrencies Sent to an Incorrect wallet adress: We will assume no responsibility or liability for any digital money (including, without limitation, e-money or virtual currency) sent by the User to an incorrect account or wallet address. The User acknowledges that it is their exclusive duty to verify the recipient’s account or wallet details before initiating a transaction. We shall not be obligated to reverse or recover any funds in the event of such an error, and no refund will be issued under these circumstances.

11.3 Sending Cryptocurrency to the Incorrect Network or Asset Type: You acknowledge that should you send cryptocurrency to an incompatible blockchain network or transfer an unsupported cryptocurrency asset, we will not be held liable for the loss of such funds. The User acknowledges that it is their responsibility to ensure that the correct network and asset type are selected for all cryptocurrency transactions. Yiksi reserves the right, at its sole discretion, to refuse, reject, or forfeit any assets sent through an incorrect network or as an unsupported cryptocurrency token or network, with no obligation for recovery or reimbursement.

11.4 Sending Cryptocurrency to an Address Not Provided by Us: You acknowledge that if you send cryptocurrency to a wallet address not expressly provided by Us, such transaction shall be considered unauthorized, and we shall not bear any responsibility for any loss, misdirection, or failure of the transfer. You agree that only the wallet addresses explicitly supplied by Us shall be used for cryptocurrency transactions, and any transactions made to other addresses are entirely at your own risk. We shall have no obligation to assist in the retrieval or recovery of funds sent to an incorrect address.

11.5 Sending Fiat Mobile Money to a Different Account other than your Registered Account: If you send fiat money to an account other than the account registered under your name or profile, we shall not be liable for any loss, misdirection, or failure of such transfer. You acknowledge that it is your exclusive responsibility to verify that all transaction details, including but not limited to the recipient account information and the registered name, are correct prior to executing any transaction. We disclaim any liability for transactions sent to unregistered or incorrect accounts.

12    Account suspension, termination, and cancellation

12.1. You acknowledge that, at any time, the company will be entitled to:

  1. Suspend your account and your access to the services,
  2. The terms of use and your access to the site and close your account,
  3. Refuse processing, cancel or reverse any transaction of local mobile money and cryptocurrencies, regardless of if corresponding funds have been debited from your payment method.
  4. Restrict your account; and/or
  5. Prohibit access to the site and its content or tools, delay or remove hosted content, and take technical and legal measures to keep users off the site, all the for any reason whatsoever, all subject to the company’s sole discretion, including without limitation as a result of the following:

  6. Violation of these terms of use, including without limitations, failure to pay for any transaction.

  7. Attempts to gain unauthorized access to the site or another user’s account or to aid others’ attempt to do so.

  8. The company has reasonable suspicion that a transaction involves illegal activity, including without limitations, money laundering, terrorist financing, fraud, or any other crime.
  9. the company reasonably suspects that your account or any transaction is related to prohibited use or is non-compliant with any applicable laws or regulations.
  10. The company is requested to do so by a court order, law enforcement or other government or regulatory order or if your account is subject to litigation or investigation.
  11. You abuse the services provided by the company, including by opening multiple accounts and/or taking advantages of promotions in bad faith.

  12. any of the company’s third-party providers denies providing you the services.

  13. the company believes you are creating problems or possible legal liabilities.
  14. force majeure events, including operational and technical errors.
  15. no transaction with respect to the services has been carried out by you for twelve or more consecutive months.

  16. the company believes that you adversely affect its reputation.

  17. the company reasonably believes that your account is associated with any account that has been suspended or terminated for breach of the terms of use or suspended for any other reason.
  18. you did not provide information upon the request of the company, or the information provided does not meet the company’s requirements; or

  19. the company believes your account and/or transaction does not meet the company’s risk tolerance.

12.2. Notwithstanding the abovementioned, the company may, subject to its sole discretion, suspend or terminate your access to the services, or refuse to open an account for you on any other grounds.

12.3. In the event the company should suspend or terminate your access to your account and the services, you shall neither be able to access your account nor use any or all the services. In such event of termination or suspension, we reserve the right to:


(i) cancel outstanding and/or pending transaction; and


(ii) withhold any local mobile money which you have paid to us undertake a transaction for which we had not completed. 

12.4. In the event your account is suspended or terminated by the company, the company may provide you with notice of such suspension or termination. In addition, you acknowledge that the company is not obligated to disclose any findings and information acquired by the company’s security and risk management procedures.

12.5. termination by you.  you may terminate your account at any time by submitting your request to terminate your account at support@yiksi.com No termination fee shall apply, except that you will be responsible for fulfilling any outstanding payment obligations to the company existing as of the effective date of termination and to settle any pending transactions. The company reserves the right to suspend any pending transactions at the time of cancellation.

12.6. On termination of the terms of use, you shall:


(i) stop using the site, software and the services.


(ii) pay us any fiat money (local mobile money) which you owe to us.


(iii) provide to us any cryptocurrencies which you owe to us.

12.7. The right to terminate the terms of use and to close your account shall not stop you or us from exercising any other right or remedy under the terms of use, whether with respect to the termination or to any other event.

12.8. Upon the termination of the terms of use for any reason, except as otherwise provided in the terms of use, and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the terms of use.

12.9. Retaining or erasing information. Following the termination of the terms of use, the company may retain information for as long as we have a business or tax need or as required under applicable laws, regulations and/or government orders from time to time; provided however, in cases where such a need or government requirement does not exist, the company shall endeavour to erase and discard your data, all subject to the limitations and requirements under the applicable laws and regulations.

13    Limitations of liability; release

13.1. The services and the site are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory. The company specifically disclaims any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and/or non-infringement. The company does not make any representations or warranties that your access to the software, the site, the services, and/or any part or materials made available therein, will be complete, error free, continuous, uninterrupted, accurate, that defects will be corrected, and/or the software or the server that makes it available are free of viruses and bugs, and makes no representation pertaining to the full functionality, accuracy, reliability of the materials and/or as to results, or the accuracy of any information obtained by you through the services, software and/or site. The entire risk as to the use, quality, and performance of the software, services and/or site lies with you.

13.2. The company has no obligation to maintain your account name or password. The company shall not be liable if you misplace, forget or lose your account name or password because of anything other than the company’s negligence. You further agree that;

  1. You will create a strong password that you do not use for any other website or online service or platforms and enable two factor authentication as a further protection measure;
  2. You will maintain the security of your Account by protecting your login credentials and restricting access to your Account to yourself only;
  • You will take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account;

13.3. To the maximum extent permitted by applicable law, in no event will the company, its affiliates or service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable to you or anyone on your behalf, for any direct, indirect, special, incidental, intangible, or consequential damages or loss of any kind, including without limitations, loss of business, profits, revenues, data, contracts or anticipated savings; and./or loss or any damage, arising from your use of the site, services or software – whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the software, site and/or services.


13.4. You agree that any claim or cause of action which you may have arisen out of or related to use of the site, services, software or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.5. We shall not be liable to you in anyway whatsoever for the transfer of all cryptocurrencies if you provide us with any incorrect and/or incomplete wallet account details. In addition, we shall not be liable to you in any way whatsoever for the transfer of all fiats mobile money if you provide us with any incorrect and/or incomplete payment details. 

13.6. The company specifically makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by you, including wrong crypto wallet address/accounts, local mobile money accounts which are dependent upon many factors outside of the company’s span of control. Without derogating from the, the company makes efforts to process your requests in a timely manner.

13.7. Although the company intends to provide accurate and timely information on the site and/or software (including, without limitation, the content), the site may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the site are your sole responsibility and we shall have no liability for such decisions.

13.8. You further agree that the company shall not be liable to you or any third party for any amendment or termination of the company services and/or terms of use, or suspension of your access to the company services, except to the extent otherwise expressly set forth herein.

13.9. Nothing in the terms of use will operate to exclude any liability of the company arising from the company’s negligence.

13.10. Without prejudice to any other provision in these Terms of Use, our liability to you shall be limited to the extent determined by a competent court of law in Kenya,

13.11. release.   any disputes between you and any other user of the site shall be exclusively resolved between you and such user, and you release the company, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

14    Indemnification

You agree to defend, indemnify and hold harmless the company, its affiliates and service providers, and any of their respective employees, officers, directors, agents, joint ventures, and representatives, from any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered by the company and arising out of or related to
(i) breach by you of the terms of use.
(ii) your use of the site, software, or services or use by any other person accessing the services or software using your user identification whether or not with your authorization; or
(iii) any violation by you of any law, rule, regulation, or the rights of any third party.

15    Modifications to the terms of use

15.1. The company may amend, modify, update and change any of the terms and conditions of the terms of use from time to time, including without limitation, because of legal and regulatory changes, security reasons and changes to our services.

15.2. The company will notify you of any such amendment, update, modification or change by publishing a new version of the terms of use on the relevant page of the site, or by notifying you by email. Any new version of the terms of use will take effect twenty-four (24) hours after its publication on the site (or earlier if required by any law, regulation or directive which applies to either us or you), and your use of the services after this period will be deemed to constitute your acceptance of such new version of the terms of use.

15.3. Please check for updates to the terms of use on a regular basis.

15.4. If you do not agree with any modification to the terms of use, your sole and exclusive remedy is to terminate your use of the services and close your account.

16    External websites

The company makes no representations and takes no responsibility whatsoever regarding any third-party websites, services, or content which you may access through this site. The site may present links or other forms of reference to other websites (the “external websites”) or resources over which company has no control. You acknowledge that the company may present such links or references to you only as a convenience and that company does not endorse any of the external website services or offerings made to you or any content provided therein. The company is not responsible for the availability of, and content provided on external websites. You are requested to review the policies posted by the external websites regarding privacy and other topics before use. The company is not responsible for third party content accessible through the site, including opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. If you access any such external websites, you agree that you do so at your own risk and you agree that we will have no liability arising from your use of or access to any external websites.

17    No financial advice

For the avoidance of doubt, the company does not provide any investment advice, recommendation, or guidance, whether in connection with the services or otherwise. We may provide information on the price, range, of cryptocurrencies and events that have affected the price of cryptocurrencies, but this is not considered investment advice and should not be construed as such. No communication between us and you should be considered any form of investment advice. Any decision to make exchange of local mobile money wallets to digital currencies is your exclusive decision at your own risk and the company will not be liable for any loss suffered.

You further understand that we are not your broker, agent, intermediary or advisor concerning the nature, value, potential or suitability of any particular Digital Assets, transaction or investment strategy. We do not provide consulting, tax, legal, insurance or investment advice of any kind and therefore no information that are available on the Sites should be constructed as advice of any kind. You alone are solely responsible to determine whether any investment, strategy, product or Services, is appropriate and suitable for you according to your financial circumstances, personal investment objectives and risk tolerance. We are not responsible for the decisions you make in any Transactions based on the information on the Sites, including any losses you incur arising from those decisions.

You should consult your own legal and/or tax advisors concerning your specific financial situation.

18    Lack of financial regulation

Our business model and our services consist of facilitating the buying and selling or exchange of cryptocurrencies from and to the company in an unregulated, international, open payment system. Despite the certain jurisdictions apply regulations or may apply such regulations at any time, in which case, the terms of use, including the provision of the services, may be amended accordingly or terminated to the extent such amendments are not possible. You agree and understand that legislative and regulatory changes or actions at a district, regional, national or international level may adversely affect the use, transfer, exchange, and/or value of cryptocurrencies.

19    Know-your-Customer (“KYC”), Anti-Money Laundering (“AML”) and Counter Terrorist Financing (“CTF”) procedures. Anti-Money Laundering/ Combating the Financing of Terrorism/ Countering Proliferation Financing.

19.1. As part of our commitment to combat financial crimes, we have implemented procedures and systems aimed at allowing us to identify and mitigate the risks our site and services being misused for illegal purposes. These include our AML/CFT/CPF/KYC procedures, which are based on our collection of information about our users, the assessment of AML/CFT/CPF/KYC risks associated with their activities, and the ongoing monitoring of transactions made by them.

19.2. Where we have any suspicion that our business relationship with you, or a specific transaction which you wish to make, involve any risk of money laundering, terrorism financing or any other financial crime or  prohibited activity, we may, at our sole discretion, refuse to accept you as a client, terminate any engagement with you, refuse to process any transaction, and take any other action we deem necessary, including reporting our suspicion to the competent legal authorities. We will not be obligated to inform you of any such action we choose to take, nor to provide you any explanation of our reasons for taking them or for our suspicions.

19.3. To conducting the abovementioned checks, we may collect certain personal information about you, either from you or from external sources. Any such information about you shall be kept and utilized in accordance with our privacy policy. By making any use of the site and the services you represent and warrant that all information provided by you to us is correct, accurate and complete, and explicitly consent to the collection of additional information about you from third parties, including financial and credit institutions, governmental authorities and external databases.

20   Risks Disclosure

20.1. The trading of goods and products, real or virtual, as well as virtual currencies, local mobile money payments involve significant risks. Any currency, virtual or not, may be subject to large or sudden shifts in value and may even become worthless. There is an inherent risk that losses will occur because of buying, selling or trading anything on a market. You should be aware that the risk of loss in trading or holding cryptocurrencies can be substantial.

20.2. Cryptocurrencies trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, digital currencies is a unique kind of currency, backed by technology and trust. There is no central bank or government regulator that can take corrective measures to protect the value of the digital currency in a crisis, issue more currency.

20.3. Instead, digital currencies is an autonomous and largely unregulated worldwide system of currency firms and individuals. Traders and market participants put their trust in a digital, centralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. Thus, the value of digital currency may be derived from the continued willingness of market participants to exchange fiat currency for digital currency, which may result in the potential for permanent and total loss of value of a particular digital currencies should the market for that digital currency disappear.

20.4. Digital currency trading may be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse relative to demand and supply. For example, confidence in digital currency might collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems, for example, if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent transactions from settling.

20.5. Transactions in the cryptocurrencies may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

20.6. Due to the nature of digital currencies, any technological difficulties experienced by the company could prevent the access of a user’s digital currencies.

20.7. The abovementioned is not a closed list, there may be additional risks that we have not foreseen or identified in our terms of use. You should carefully assess whether your financial standing and tolerance for risk are suitable for buying, selling or trading cryptocurrencies.

20.8. The company uses mobile money wallet payment providers or banking to receive your funds and to make payments. Our mobile money wallet payment providers, banks do not transfer digital currencies, exchange digital currencies, or provide any services in connection with cryptocurrencies.

20.9. Markets for digital currencies have varying degrees of liquidity. Some are quite liquid while others may be thinner or illiquid. The company does not guarantee any profit from trading, or any other activity associated with the site.

20.10. Considering the abovementioned risks, which are not a comprehensive list, you should carefully consider if holding cryptocurrencies is suitable for you depending on your financial circumstances.

21    Customer service

21.1. You hereby expressly consent to us using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the services or any other products or services offered by us from time to time.

21.2. Customer feedback. If you have any questions, feedback or complaints, you may contact company via company’s customer support at  support@yiksi.com  Please provide identifying information such as your name/login id, address, and any other information that the company may need to identify you, your account, and/or the transaction on which you have feedback, questions, or complaints.

21.3. For service quality assurance, calls made by you to the customer service department may be recorded.

21.4. We will not tolerate any abusive behaviour exhibited by users of the services to our employees. In the event we deem that your behaviour, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of our employees, we shall have the right to close your account with us and terminate the terms of use, and such act will be considered as a breach of the terms of use by you.

Abandoned Assets

  • Definition of Abandoned Assets-You agree that we may consider any assets held in your account, including but not limited to cryptocurrencies, tokens, or digital wallets, to be abandoned if there has been no activity initiated by you, such as login, transfer, withdrawal, or any transaction, for a continuous period of twelve 24 months.
  • Notice of Abandonment-You agree that prior to deeming any assets abandoned, we shall make commercially reasonable efforts to notify you at the contact information provided by you, at least sixty (60) days before taking any action with respect to such assets.
  • Custody and Disposal- You agree that if you fail to respond to such notice or otherwise reactivate your account within the specified notice period, we may, at our sole discretion and in compliance with applicable law, take custody of and dispose of the abandoned assets.
  • Right to Reclaim-You agree that notwithstanding the foregoing, you retain the right to reclaim any abandoned assets upon providing satisfactory proof of ownership and identity, subject to our verification procedures, and that we may impose a reasonable administrative fee for processing such reclamation.
  • Compliance with Laws-You agree that we will handle, retain, and dispose of abandoned assets in accordance with all applicable laws, regulations, and regulatory guidance, including but not limited to anti-money laundering (AML), counter-terrorist financing (CTF), and know your customer (KYC) requirements.
  • Limitation of Liability-You agree that we shall not be liable for any loss, damage, or claim arising out of or related to the classification, custody, or disposition of abandoned assets, provided that we have acted in good faith and in accordance with these Terms and applicable laws.

 

23   General provisions

23.1 Entire  these terms of use, comprise the entire understanding and agreements between you and the company as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this agreement), and every nature between you and the company.

23.2 Section headings in this agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this agreement.

23.3 Relationship of the parties.  both you and the company are independent contractors, and nothing in these terms of use shall be deemed to create between you and the company any other form of relationship, and the parties shall not be deemed to be partners, joint ventures or agents. You are not authorized to make any obligations on behalf of the company.

23.4 Assignment.  you may not assign any rights and/or licenses granted under these terms of use, including without limitation, the right to use the account which is exclusively for your personal use. The company reserves the right to assign our rights without restriction, including without limitation to any company affiliates or subsidiaries, or to any successor in interest of any business associated with the company services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these terms of use will bind and inure to the benefit of the parties, their successors and permitted assigns.

23.5 Severability.  if any provision of these terms of use shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these terms of use shall not be affected.

23.6 Change of control.  if the company is acquired by or merged with a third-party entity, the company reserves the right, in any of these circumstances, to transfer or assign the information that the company has collected from you, including any personal information, as part of such merger, acquisition, sale, or other change of control.

23.7  Survival all provisions of these terms of use which by their nature extend beyond the expiration or termination of these terms of use, including, without limitation, sections pertaining to suspension or termination, company account cancellation, debts owed to the company, general use of the company site, disputes with company, and general provisions.Disputes and governing law.   you and the company agree that any dispute arising and relating to these terms of use shall first be resolved by contacting the other party directly in the attempt to reach an amicable resolution. The company shall contact you using the information you provided in your account, and you shall contact the company as set forth under section 19.2 (customer service). You and the company agree that any and all controversies and claims that cannot be resolved amicably will submitted to the exclusive jurisdiction of the competent courts located in the republic of Kenya and shall be governed by the laws of the republic of Kenya without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction. The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, if any, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as members or beneficiaries of the company’s services.


23.8 Force majeure.  company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of god, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network/service provider, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.

23.9 English language controls.  any translation of the terms of use, if provided, is provided for your convenience alone. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.


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