Terms of Use

Effective date: 15 August 2025 · Entity: mBenki Business Solutions Zambia Ltd (“mBenki”, “we”, “us”, “our”)

Introduction

These Terms govern your access to and use of (a) the mBenki public website and online tools, (b) the mBenki Nexus web portal used by institutional subscribers, and (c) the mBenki Pro mobile application used by Smart Agents (together, the “Services”). By accessing or using the Services you agree to these Terms. If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation.

Where mBenki and an institution have signed a services agreement or data processing agreement, those documents take precedence to the extent of conflict with these Terms. Our Data Privacy Policy explains how we handle personal data and is incorporated by reference.

1. Scope and acceptance

These Terms apply to all users of the Services, including Visitors, Institutional Subscribers and Smart Agents. If you do not agree, do not use the Services.

2. Definitions

• Institutional Subscriber: a financial or other institution that subscribes to mBenki Nexus.
• Smart Agent: a trained individual using mBenki Pro to educate consumers and facilitate product journeys.
• Visitor: an individual browsing the website or using public tools without authentication.
• Content: text, images, data, code, graphics, audio, video and other materials within the Services.

3. Eligibility and accounts

The Services are intended for adults and business users. Provide accurate information at registration and keep credentials confidential. You are responsible for activity under your account and must promptly report suspected compromise.

4. User roles and channels

mBenki delivers the Services through distinct channels for Visitors, Institutional Subscribers and Smart Agents. Features and obligations differ by role as set out below.

5. Licence and intellectual property

Licence. Subject to these Terms, mBenki grants a limited, revocable, non-exclusive, non-transferable right to access and use the Services for their intended purpose.

Ownership. The Services and their Content are owned by or licensed to mBenki and protected by law. No rights are granted except as expressly stated.

Institution materials. Institutions retain ownership of their product materials and trademarks and grant mBenki a licence to use them for training, sales, servicing and display within the Services.

6. Acceptable use

• Lawful conduct: do not break the law or infringe intellectual property or privacy rights.
• Truthfulness: do not misrepresent identity or product information or submit false or misleading data.
• Security: do not probe, scan or test vulnerabilities; do not bypass access controls; do not introduce malware or perform denial-of-service attacks.
• Automation and scraping: do not scrape or crawl the Services except with our written permission and in accordance with robots.txt.
• Workflow integrity: do not circumvent standardised engagement flows designed for compliance and fair treatment.

7. Multi-provider environment

Smart Agents may serve multiple providers. mBenki uses routing, disclosures and standardised materials to minimise conflicts, but institutions acknowledge the non-exclusive nature of the ecosystem.

8. Institutional Subscribers (mBenki Nexus)

• Authorised users: you provision and revoke access for your personnel and are responsible for their actions.
• Data ownership: you own your customer data; mBenki may process it to provide the Services and generate aggregated, de-identified insights.
• Confidentiality: each party protects the other's confidential information, including product rules, pricing and performance reports.
• Integrations: you are responsible for the security and lawfulness of data exchanged via integrations you configure.

9. Smart Agents (mBenki Pro)

• Conduct: use approved scripts and current materials; do not misrepresent offerings.
• Device hygiene: enable lock or PIN; keep OS and apps updated; do not store personal data outside approved apps; do not share credentials.
• Minimum necessary: collect only data required for each product journey and present just-in-time notices before sensitive capture.
• Incidents: promptly escalate suspected breaches, fraud or complaints through designated channels.

10. Website Visitors

Public content is provided for general information only and does not constitute professional advice. Third-party links and embeds are provided for convenience; mBenki is not responsible for their content or practices.

11. Data, privacy and cookies

Processing of personal data is described in our Data Privacy Policy, which forms part of these Terms. Cookies and SDKs are covered in that policy and may require your consent.

12. Third-party services and open source

The Services may integrate with tools operated by others, governed by their own terms and privacy notices. Certain components are provided under open-source licences; those licences control the components' use.

13. Security and your responsibilities

mBenki maintains administrative, technical and organisational safeguards proportionate to risk. You must maintain strong passwords, enable multi-factor authentication where offered, keep devices updated and report suspected incidents immediately.

14. Availability, maintenance and beta features

We strive for high availability but do not guarantee uninterrupted operation. We may perform updates or maintenance that temporarily affect the Services. Features marked “beta” or “preview” are provided as-is and may be modified or withdrawn.

15. Fees, billing and taxes (institutions)

Fees are payable as specified in an order form or services agreement. Invoices are due within the period stated; late amounts may accrue charges as agreed. Fees are exclusive of taxes; you are responsible for applicable taxes except those based on mBenki's income. Billing disputes must be raised within the timeframe stated on the invoice.

16. Suspension and termination

We may suspend access for security risks, non-payment or material breach. Either party may terminate as permitted in a services agreement or upon material breach uncured within a reasonable period. After termination each party returns or deletes the other's confidential information and personal data as required by law and contract.

17. Disclaimers

The Services are provided “as is” and “as available”. To the extent permitted by law, mBenki disclaims implied warranties of merchantability, fitness for a particular purpose and non-infringement.

18. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits, even if advised of the possibility. Nothing limits liability where unlawful to do so.

19. Indemnity

Smart Agents indemnify mBenki and institutions against losses arising from intentional misconduct or breach of these Terms. Institutions indemnify mBenki against claims arising from their product content, underwriting rules or decisions made under their instructions.

20. Compliance and anti-abuse

You will use the Services in compliance with applicable laws and regulations, including data protection and consumer protection rules. The Services are designed to help ensure standardised, transparent engagements with consumers.

21. Export, sanctions and anti-corruption

You must not use the Services in violation of applicable export-control or sanctions laws, and must not offer or accept bribes or improper advantages in relation to the Services.

22. Mobile app store terms

Use of mBenki Pro obtained from an app store is also subject to the store's terms. The store provider is not responsible for maintenance, support or legal claims regarding mBenki Pro. You must comply with all applicable store policies.

23. Changes to the Services or Terms

We may modify the Services or these Terms. We will post updates with a revised effective date. Continued use after updates indicates acceptance. Material changes will be communicated appropriately.

24. Governing law and disputes

These Terms are governed by the laws of the Republic of Zambia. The parties submit to the exclusive jurisdiction of the courts of Zambia.

25. Notices

Notices to mBenki must be sent to the address below with a copy by email. Notices to you may be sent to your account email or administrative contact.

26. Miscellaneous

• Assignment: you may not assign these Terms without our prior written consent; we may assign in connection with a merger or reorganisation.
• Entire agreement: these Terms, together with any order forms and referenced policies, constitute the entire agreement regarding the Services.
• Severability: if any provision is unenforceable, the remainder remains in effect.
• Waiver: failure to enforce a right is not a waiver.
• Force majeure: neither party is liable for delays or failures due to events beyond reasonable control.

27. Contact and corporate disclosures

• Legal name: mBenki Business Solutions Zambia Ltd
• PACRA registration no.: 120230053952
• Registered address (for service): Plot No. 20436, Yotam Muleya Road, Libala South, Libala Mall, Lusaka, Zambia
• Telephone: 260 773 158 012
• Email: information@mbenki.com
• Directors / office bearers: Pamfred Hasweeka (CEO), Chris Sinchende (COO), Chimuka Moonde (CTO)