Givva is regulated by Capital Markets Authority.

Terms & Conditions

Last modified: 22nd January 2024
 
1.0 INTRODUCTION
These Terms and Conditions (“the Terms and Conditions”) govern you (“the User”) use of the [GIVVA Wealthtech Limited] (“Provider”) the application (Givva) available on Google Store, App Store and as a web application and website located at the domain name [givva.world] (“the Website”). By accessing and using the application and website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the application and website for marketing and other purposes without the consent of the Provider.
 
1.1 GENERAL PROVISIONS
  • Givva Wealthtech LTD is regulated to offer the Givva investment platform by Capital Markets Authority
  • The English language version of these Terms and Conditions is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with present Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.
  • In the present Terms and Conditions the terms “we”,“us”, “our” refer to Givva and “you”, “your” refer to any person who accesses and/or uses the Service.
  • It is important that you understand that access and use of the Service is conditional on your acceptance of present Terms and Conditions.
 
1.2 INFORMATION ABOUT US AND HOW TO GET IN TOUCH WITH US
Givva Wealthtech Limited is a social enterprise incorporated in Kenya.  We operate a Mobile Application, GIVVA, which is both a community management platform, enabling communities automate their fund collection activities and investments and also has investment and saving products for individuals and small groups.
  
We can contact us by;
  • Telephone: 0720 132 132, 0202 132 132, 0208, 132,132
  • P.O BOX 10049-00100, Nairobi
  • Email: info@givva.world
  • Website: https://givva.world
 
1.3 INTERPRETATION AND DEFINITIONS
a) Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
b) Definitions
For the purposes of these Terms and Conditions:
  • “Application” means the software program provided by the Company downloaded by You on any electronic device, named [GIVVA]
  • “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • “Account” means a unique account created for You to access our Service or parts of our Service.
  • “Fees” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions;
  • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to [GIVVA Wealthtech Limited].
  •  “Country” refers to [Kenya].
  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • “Service” refers to the investment platform (Android, Ios & Web Application) and the Website
  • “Terms and Conditions” (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • “Website” refers to GIVVA Wealthtech Limited Website, accessible from https://Givva.world 
  • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • • “Force Majeure Event” means any of the circumstances referred to in clause 9.7; 
  • “Malicious Code” means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; 
  • “Prohibited purpose” means any unlawful purpose (whether such illegality arises in the country from which the funds are saved.
 
2.0 CREATION USER ACCOUNTS
For you to create an account with the Application or Website, you must understand and comply with the following:
  1. You must be of 18 years of age and above
  2. You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
  3. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
  4. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
  5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
2.1 HOW THE CONTRACT IS FORMED BETWEEN YOU AND GIVVA WEALTHTECH?
a) Communities
A contract between Givva and a community will be formed when we approve the community Know Your Customer Documents (KYC).
 
b) Individuals Savings and Investment products
1. After you deposit an amount for saving via the Application an in-app notification will be sent to you acknowledging that your saving amount has been received.
2. Execution of savings transaction is subject to our discretionary acceptance. Such acceptance will be communicated to you via the app, e-mail or SMS confirming that we have processed your request for saving (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent.
3. The Contract relates solely to the services that have been confirmed accepted which are for investing purposes.
4. We reserve the right to refuse to perform any of the Services (including after Confirmation) if:
  • We are unable to obtain satisfactory evidence of your identity;
  • You provide us with false, incorrect or incomplete information;
  • We are unable to reach you via contact details provided by you;
  • Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request;
  • You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the 
5. Application or to infect it with any Malicious Code;
  • You are in breach of these Terms and Conditions;
  • You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;
  • Processing the Service in accordance with your order may expose us to liability;
  • We are unable to process your transfer due to variations in business hours, currency availability issues or due to any Force Majeure Event;
  • We have reason to believe that any of the foregoing has occurred or is likely to occur; or
  • A Compliance Officer has taken a discretionary decision to do so.
6. We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient of the invested money or any third party if, as a result of any of the circumstances referred to in clause no. 4 above and in the termination clause and we fail to complete the withdrawal of funds in accordance with an order.
 
2.2 INTEREST CALCULATION
  • Interest rates may go up as well as down depending on market conditions.
  • Interest type – All products will accrue Simple interest on a daily basis.
  • Time taken to start accruing interest after depositing the money – After deposit, it will take 2 working days for the interest to start accruing. Money deposited on public holidays will start accruing interest after 2 working days.
  • Interest rates and taxes – Interest reflected on the Application is gross of taxes. 
  • Interest accrued will be updated in the Goal/Fund Collection Dashboard at the end of every month.
  • Applicable interest rates – Indicative interest rates will be indicated In-Application and varies for open goals and closed goals. If the market interest rates increase or decrease depending on the market environment, Givva will revise the indicative interest rates, communication will be made via the Application or updated on the website. 
 
a) Revision of interest income
  • If you will withdraw your funds before the locked period is over as indicated at the point of creating your goal, the interest rate applicable for the amount being withdrawn will be the applicable open period interest rate.
 
2.3 DEPOSITS & ACCOUNTS
a) Deposits
• The Service allows you to deposit your savings and investments or fund collection contribution in two ways;
    • Mpesa deposit
    • Bank account deposit
• Mpesa deposits, money will reflect on the goal immediately.
• For bank deposits, users have to upload the deposit slip and money will be reflected to their account within 48 hours to allow for processing. 
• Group savings & investments will allow all members of that group to deposit to the same goal.
• The investor/contributor shall at all times be responsible for ensuring that their transactions are complete and correct in all respects.
 
2.4 WITHDRAWALS
a) Information we provide before the transaction is complete
Before your withdrawal transaction is complete you will be provided with the following information:
  • The withdrawal amount that you will receive,
  • The balance of your Investment.
  • The transaction fee that you will be charged.
  • An estimation of time it will take for the funds withdrawn to reflect.
The Service allows you to withdraw your savings and investments or the funds collected into ways;
  • Mpesa withdrawal
  • Bank account withdrawal
 
b) Individuals – The platform allows you to create the account where your funds will be sent to as you create your goals. It has to be the individual’s account/mpesa number. The account details you create will be used to send the funds to you at the point of withdrawal.    The Service supports both Mpesa deposits and bank deposits.
 
c) Groups and communities will create default account for each group at the point when the group is created. These accounts will be receiving the funds when a withdrawal is done from group goals or funds collection events for communities. This account will be applicable for all fund collection events in that community and goals in that group. The accounts will need to be approved by the group leaders and Givva for the communities.
 
  • For short-term fund collection events (funds to cater for funeral and medical bills expenses), the community leaders will allocate one member of the community to receive the funds as they create the fund collection event. The details of the member chosen to receive the funds will be circulated to all invitees so that they are comfortable with all the details of the fund collection.
  • Authorization of withdrawals for Groups and Communities. The withdrawal will be initiated by one of the three group/community leaders and approved by the other two leaders for it to be effected. The withdrawal will be reflected in the community log page available to all the members of a community. It will also be reflected in the fund collection statement or the goal statement in case of a group goal. 
 
d) Withdrawal period – It will take 48 working hours from the time of withdrawal to your receipt of the cash.
 
2.5 WITHDRAWALS & OTHER FEES 
• For all withdrawals, each client, group or community will cater for the transaction fees.
• Transaction fees are as charged by the service provider, Mpesa fees for funds to be deposited in Mpesa ( https://www.safaricom.co.ke/personal/m-pesa/mpesa-charges) and bank charges for funds to be deposited into bank accounts.
    • EFT –  Kes. 100
    • RTGS  – Kes. 600
• Withdrawal charges for all products will be deducted from the balance of money for partial withdrawals, while for full withdrawals, charges will be deducted before sending the money. This will be updated in the account statement.
• Fund collections done in communities will attract an admin fee of 1% plus relevant taxes on the total funds collected.
 
2.6 STATEMENTS
GIVVA application gives monthly statements on all the goals created on the application.
In a case where the service fails or you need further clarification, please contact us via 0720 132 132, 0202 132 132  or 0208 132 132 or write to us via customercare@Givva.world 
We reserve the right to correct any discrepancies in your statement without giving you notice. If there are any major changes on your statement, we will reach out to you via a phone call or email.
 
3.0 TERMINATION
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if;
  1. You use the Service or attempt to use it for any Prohibited Purpose;
  2. You attempt to transfer or charge funds from an account that does not belong to you;
  3. We receive conflicting claims regarding ownership of or the right to withdraw funds from the account;
  4. You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions;
  5. You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Application or to infect it with any Malicious Code;
  6. You are in breach of these Terms and Conditions;
  7. We have reason to believe that any of the foregoing has occurred or is likely to occur; or upon termination, your right to use the Service will cease immediately. If You wish to terminate Your Account, you may simply discontinue using the Service.
 
4.0 LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including, (but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
• Claims for refund or compensation must be supported by all available evidence.
• Except as provided in clause 9.5, we shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of the possibility of such loss.
• Nothing in this clause shall:
    • Exclude or limit liability on our part for death or personal injury resulting from our negligence,
    • Exclude liability for our fraud, our wilful misconduct or gross negligence.
• We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:
  • an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities; 
  • the acts, decrees, legislation, regulations or restrictions imposed by any government or state;
  • the actions or omissions of the third parties;
  • malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
  • any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or
  • any Malicious Code interfering with the Service (each, a “Force Majeure Event”).
• Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavors to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.
 
5.0 YOUR RESPONSIBILITIES AND OBLIGATIONS
• You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.
• The Fees for the Service during funds withdrawal
• You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.
• In relation to your registration and use of the Service you will:
  • a) provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;
  • b) supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the Savings Regulations );
  • c) update all information you provide to us to keep it accurate, current, complete and true;
  • d) not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;
  • e) keep your account details secure, you must not share the account or any other transaction details with anybody
• You understand and accept that:
  • f) We are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities;
  • g) All charges of the Service will be charged using our rate published on the Application or as may be communicated to you before we issue a withdrawal Confirmation);
  • h) We reserve the right to increase the charges as per the market demands
  • i) You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you;
  • j) You must call us or write an e-mail to us as soon as possible if you believe or suspect that a withdrawal of funds was not executed properly or that the amount has not been received or was only partly received;
 
6.0 PARTNERSHIPS 
We offer a community management system for social groups like churches, family groups etc and savings and investment products for individuals and small groups.  Our vision is to build wealthy, genuine communities  giving our clients superior, regulated products, we have therefore entered into partnerships with the key stakeholders as below:
 
Nabo Capital Ltd as our fund manager partner- all funds that are sent to Givva shall be received by Nabo who will be in charge of the investments. Our four products- Cheerful Giver, Savings & Goals, Pay Yourself First and G-Pay will terminate into Nabo funds ; the Nabo KES Money Market Fund and the Nabo KES Fixed Income Fund respectively.
 
Nabo Money Market KES Unit Trust and Nabo KES Fixed Income Fund which are managed by Nabo Capital. The Unit trust is audited by Grant Thornton, has KCB as the approved Trustees and Stanbic Bank as Custodian.
 
7.0 COMPLAINTS
We value your feedback as it helps us improve our service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by e-mail to the following addresses: customerservice@givva.world.
We will investigate your complaint and use reasonable endeavors to come back to you with the results of our investigation within 2 working days after receipt of your complaint.
In a case of fraud or suspicious activity enhanced checks will be reinforced. They will involve the user taking a selfie while holding the national ID they registered with and a code that will be sent to their phone for device verification.
 
8.0 COPYRIGHT POLICY
8.1 Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
 
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email privacy@givva.world and include in Your notice a detailed description of the alleged infringement.
 
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
 
8.2 Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
 
The Service is protected by copyright, trademark, and other laws of the country.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
 
9.0 YOUR FEEDBACK TO US
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
 
10.0 “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
  • (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; 
  • (ii) that the Service will be uninterrupted or error-free;
  • (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
  • (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  • The exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
 
11.0 GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
 
12.0 DISPUTES RESOLUTION
If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company via customercare@givva.world or privacy@givva.world 
 
13.0 SEVERABILITY AND WAIVER
13.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
 
13.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
 
14.0 CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
 
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the application service and the website.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
• By visiting this page on our website: https://givva.world 
• By sending us an email: info@givva.world 
 
15.0 INFORMATION ABOUT OUR PRODUCTS 
15.1 Savings and Investments Products 
We have three savings and investment products:
 
15.2 Savings & Goals 
  • How it works – You create an expenditure related savings goal and start saving towards it.
  • Purpose of the product –  Encourage you to save for both consumption and capital expenditure as well as wealth building goals.  It supports you reduce the need to borrow for consumption needs. You can plan for your expenditure, save then invest, enabling you buy in cash at a future date. 
  • Minimum investment amount – Kes. 5
  • Minimum investment period – 0 to 12 months. Renewable after 12 months. The period is optional; you decide how long you would like to keep your money with us. 
  • Ideal for – This product allows you to save as either an individual or as a group. 
  • Interest Income – You get to earn an interest income on the money invested.
    • Open goal – You can do an open goal. It has the lowest interest earnings, however, you can withdrawal your cash at any time.
    • A closed goal – You choose how long you would like to keep your cash locked in the goal. The longer the period you lock the higher the interest rate.  If you withdraw before your locked goal period is over, the interest rate earned will be recalculated to an open goal interest rate. 
  • Group Goals – Each group must have a maximum of 15 members. 
 
15.3 G-Pay
  • How it works – We invest your cash (investment) and you get automated cash interest payments on a monthly, quarterly or annual payments.
  • Purpose of the product – To provide passive income to meet regular or specific needs, while preserving the asset value.
  • Minimum investment amount – Kes. 500,000. Where your investment falls short of the Kes. 500,000, it will continue earning an interest but the regular cash payments will be triggered by reaching the Kes. 500,000 mark.
  • Minimum investment period –12 months. You can choose to withdraw your investment or renew it. 
  • Ideal for an individual.
  • Interest income – the monthly interest income is based on prevailing market rates for the 12 month’s period.  Monthly income drawdowns cannot exceed 2.5 times of the interest earned. This is to make it possible for you to receive at least 80% of your initial investment at maturity.
  • Principal withdrawal amounts – You can withdraw upto 20% of your initial deposit at any time.  Higher than 20% withdrawals will lead to recalculation of the interest rate to open period investment rate for the full withdrawn amount.
 
15.4 Pay Yourself First 
  • How it works – You create an income related savings goal and start saving towards it.
  • Purpose of the product –  Build a savings culture by aiming to save at least 10% to 15% of your income
  • Minimum investment amount – Kes. 5
  • Minimum investment period – 6 months to 12 months. Renewable after 12 months. The period is optional; you decide how long you would like to keep your money with us. 
  • Ideal for an individual.
  • Interest Income – You get to earn an interest income on the money invested. The interest rate is based on prevailing market rates.
  • It is a closed goal – You have a choice to lock your goal for 6 months or 12 months. The longer the period you lock, the higher the interest earning.  If you withdraw before your locked goal period is over, the interest rate earned will be recalculated to an open goal interest rate. 
 
15.5 Community Management Product (Givva) 
 Givva is a platform that communities will plug into; launch their community, manage and run their community activities using its governance structure, communication features, fund collection event management capabilities and investment options.  Givva enables you to plan and collect funds from your communities. You can monitor as the fund collection event progresses from the pledging process to collections. It gives you the ability to steer your event as you wish. More details about these products will be found on our website – https://givva.world.
• Product goal – Management of social groups; enhance community governance, increase togetherness & community wealth 
• Appropriate for – Communities
  • Communication capabilities – Chatting and Dashboard Announcements
  • Fund collection capabilities. It supports five (5) types of fund collection events;
    • Short-term Fund Collection Events
    • Community Projects Fund Collection Events
    • Repeat Fund Collection Events
    • Anonymous Fund Collection Events
    • Subgroup Specific Fund Collection Events
  • Plan and create your fund collection event, inviting your community, friends and family to participate. 
  • Minimum contribution amount – One can contribute from Kes. 5 or USD 0.042
  • Communities will have an option to invest the funds collected. 
  • Open or locked investments – the community may decide to lock the funds collected in an investment or keep them in an open investment period. 
  • The interest rate is based on prevailing market rates and the period of investment and whether it is open or locked investment.
  • Any withdrawals for locked investments that are above 50% of the total invested for every 30-days period will earn a lower interest rate commensurate to the open period interest rate
 
16.0 OUR COMMUNITIES
16.1 Community Creation and governance
Givva will partner with Legally Registered Communities only.   Through Givva, these communities will be able to access the capital markets.  The purpose of creating these governance structures for these communities is to protect both the communities and the community members against fraud. The governance structure will ensure that;
  • a) Members join the community of their own volition. 
  • b) Community leaders have accepted to be leaders of the community and that the members accept to be led by these leaders.
  • c) All fund collection events created within the community are as per the communities’ traditions and constitutions.
  • d) All funds collected by members in the community are received by the community and both community leaders and members have visibility of the funds collected.
  • e) Where the funds collected are not withdrawn immediately or are locked into investment, both community members and leaders will have visibility of the funds and interest earnings.
  • f) The Community will have visibility of the withdrawal transaction from which point Givva will no longer be responsible for the funds. 
 
16.2 Community Leadership – Rights & Obligations
• The community leaders will create and approve the community in the Givva platform. 
• By this voluntary act, they will be making a declaration that they lead the community and are willing to launch and run the community activities on the Givva platform.  
• The Community leaders’ roles in the Givva platform will include;
 
16.2.1 Creation of the Community in the Givva platform
The 3 leaders will jointly bear the following responsibilities;
• Creating the community in Givva 
o One leader will create the community
o The other two leaders will review the created community and approve the creation. The review should include;
  •  Review of the Community Details; name of community, location, mission and vision of the community.
  • Review of Community structure; number and names of subgroups
  • Review of Community members; names and allocation into subgroups
o Accepting to be members and leaders of the community.
• Sending through the Know Your Customer documents and details of the community to Givva management. See details of the KYC process below.
• Inviting members of the community – Communities members’ invites will be sent to the members once the three leaders have reviewed and approved the created community.  
• Structuring the community
o If the community has subgroups, they will create the subgroups and allocate the members accordingly.
• Providing Community KYC documents to Givva management team for approval of the community to access Fund collection and investment features.
 
16.2.2 Managing the Community
• Creating Community Fund Collection Events
  • a) Only Community leaders will have capability of creating fund collection events within the communities and inviting members of the community to the fund collection. They can invite all members or only some of the community’s subgroups as they will find fit.
  • b) Making decisions in regards to whether the funds collected in the fund collection events will be invested, what portion of the funds and for how long they will be invested.
  • c) Withdrawing the funds collected from the platform.
  • d) For short-term fund collection events, the community leaders will choose the member of the community who will receive the funds collected. They will also choose the frequency the funds will be paid to the affected member of the community. 
  • e) All other funds will be withdrawn into the community account.
• Overseeing activities of the Community
  • a) Send dashboard announcements
  • b) Oversee chats done in every subgroup of the community.
  • c) Make decisions in regards to communication capabilities within the community.
• Member management and community structure
  • a. Accepting new members into the community.
  • b. Removing members from the community.
  • c. Managing subgroups; creating new subgroups, removing, and editing names of subgroups.
• Report views
  • a) All Community reports will be available to the community leaders. 
  • b) They will have a right to ask for any other reports that they may require from the Company regarding their community.
• Exiting from the community
a) The leaders have a right to exit from the community.
 
16.3 Community Membership – Rights & Obligations
• Membership into communities will be voluntary. For an individual to become a member of a community, they will have to either accept the invitation to the community or request to be members. The invitation will be by test message and will give access to the following details; 
o the community name, 
o the community leaders,
• By accepting to be a member of the community in the Givva platform, each individual will by that act be;
  • Agreeing to be a member of that community, 
  • Accepting the community leaders as the leaders of the community that the member has joined
  • Accepting to be led by these leaders. 
  • Accepting to be bound by the constitution of the community
• After joining the community, each member will have; 
  • View of the other members of the community, 
  • The structure of the community – community subgroups and subgroups.
  • Right to exit the community if they no longer want to be members of the community.
• By accepting, staying as members of a community and participating in the activities of the community, each member will be declaring that they have chosen to be members and to be bound by the rules and terms of a community under the Givva platform. 
• The details of each member of the community will be collected at sign-up point into the Givva platform. 
• The Community member roles on the Givva platform will include;
 
16.3.1 Accepting to be Community Members
• Accepting community invites to be members of a community on the Givva platform. The invite notice will have the following details and by accepting to be members of the community, they will be;
  • i. Accepting that they know the community.
  • ii. They have voluntarily joined the community.
  • iii. That they know the 3 community leaders and are happy to be led by them.
 
16.3.2 Participating in community fund collection activities voluntarily
• Have view of the community Default Withdrawal Funds Account Number
• Voluntarily accept and participate in the fund collection events created in their communities.  The fund collection events invitation messages will have the following details;
  • i. Name of fund collection event
  • ii. Short description of the fund collection event
  • iii. In the case of a short-term fund collection event details, name of the person that the funds will be sent to.
• The members who have accepted the fund collection invites will view the fund collection event dashboard reports showing the list of pledges, contributions, withdrawals and the running balance until all the funds are withdrawn from the platform.
• Contribute anonymously if they wish to do so, as a result, not have their names on the fund collection dashboards.
• Participators to fund collection events where the funds collected are invested, will have view of the investment statement; the current balances, additional investments, withdrawals and interest income balances.
• Invite their other family and friends to participate in the fund collection events.
• Exit from fund collection events that they no longer want to participate in.
 
16.3.3 Participating in other community activities
• Read dashboard announcements.
• Communicate over chats in their subgroups or as their leaders will see fit. 
 
16.3.4 Member management and community structure
• Know their community leaders and accept to be led by them.
• Invite their family and friends to be members of the community with the approval of the community leaders.  
• Exit from the community when they no longer want to be members of the community. 
 
16.3.5 Report views
  • View Community reports showing members and subgroups in the community. 
  • Have view of the community Account Number
  • Have access to the community activity log, members’ acceptance into the community, all fund collections created, community members exiting from community, leaders exiting community.
  • View any other reports that their community leaders will allow access to.
 
16.4 Givva’s Rights and Obligations in a Community
  • Approve or decline to work with a community based on our due diligence.
  • Givva will automatically halt the normal functionality of a community at the exit of a leader.
  • Where a community has a change in leadership either due to an exit or as normal process of the community changes leadership at the end of a particular period of time. 
  • The leaders will write formally to Givva and request for change in leadership in the platform.  
  • On receiving new instructions from the community, Givva will do its due diligence before allowing full functionality of the community to resume.
  • The impact of a leader exiting will be as follows;

1. Fund collection events

    • The community will not be able to withdraw any funds into the community’s receiving account until it has 3 fully functional leaders.
    • Previously created short-term fund collection events will continue discharging funds to the chosen member as per the creation instruction.

2. Communication will be done as usual.

3. Member management and community structure will be put on hold until all community leaders are in office. 

 
17.0 Electronic Communications
By using this Application and Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
 
18.0 Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website/Application following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
 
19.0 Copyright and Intellectual Property Rights
Provider provides certain information at the Website and Application. Content currently or anticipated to be displayed at the Website is provided by Provider, of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, (“the Owners”), and is protected by copyright laws. The Providers reserve the right to make any changes to the Website, the content, or to products and/or services offered through the Website/Application at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
 
 
20.0 Privacy:  casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
 
21.0 Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
 
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
 
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
 
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
 
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
 

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