PART I – GENERAL
The Agreement

1. In this Agreement:
1.1 “We”, “our”, “us,” or “Marble Capital” means Marble Capital Limited, a financial institution registered under the laws of Kenya, Cap 486, and includes its successors in title and assigns.
1.2 “You”, “your” or “yourself” means the Customer and includes your personal representatives and heirs.
1.3 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
1.4 Headings in these Terms and Conditions are for convenience purposes only and do not affect the interpretation of this Agreement.

2. Scope of Agreement
This Agreement sets out the General Terms and Conditions (the “General Terms and Conditions”, or “General Terms” or “Terms”) which shall apply to all accounts, products, and/or services offered by Marble Capital to you.

3. Acceptance of Terms
By agreeing to use any of our products or services, you are deemed to have read, understood, and accepted all the conditions set out in these General Terms. You acknowledge and agree that they form a legal and binding agreement between you and Marble Capital, as may be amended, modified, or supplemented from time to time.

4. Supplemental Terms
These Terms supplement and are to be read together with:
4.1 The Application Form and Terms and Conditions or Terms of Use governing the specific account, product, or service offered to you by Marble Capital (“Specific Terms”);
4.2 The Terms and Conditions of any other document, mandate, or agreement governing your relationship with us as may be amended, modified, or supplemented from time to time (the “Additional Terms”); and
4.3 The Data Privacy Statement available on our website, as updated from time to time.

5. Specific Terms
The Specific Terms will include our charges, interest rates, notice periods, minimum or maximum balances, and other features for the particular type of account, product, or service. We will share these with you when you open your account or apply for a new product or service, for your acceptance.

6. Inconsistency
Where these General Terms are inconsistent with the Specific Terms, the Specific Terms shall prevail. In the event of any further conflict or inconsistency among the following documents, the order of precedence will be: (1) the Additional Terms, (2) the Specific Terms, and (3) the General Terms, to the extent of the inconsistency.

7. Amendments to Terms
We may revise these Terms from time to time. Any amendment to these Terms shall become effective when posted on our website or communicated to you through other means as we deem appropriate. If you do not agree with the amendment, you may choose to discontinue the use of our products or services. Otherwise, your continued use of our products or services shall constitute your agreement to be bound by any such revision.

PART II – DEFINITIONS

8. Definitions
8.1 “Account” or “Marble Capital Account” means an account held with Marble Capital, operated or transacted singly and/or jointly, which includes but is not limited to savings accounts, loan accounts, and any other type of account that Marble Capital may provide from time to time.
8.2 “Marble Capital” means Marble Capital Limited, a financial institution registered under the laws of Kenya, Cap 486, and duly licensed to provide financial services.
8.3 “Application Form” means the form you complete when applying to open an account or to receive any of our products or services.
8.4 “Authorised Signatory” means any person appointed by you to give instructions in relation to your Account and its operation.
8.5 “Biometric data” means personal data resulting from specific technical processing based on physical, physiological, or behavioural characteristics.
8.6 “Channels” means the different methods that Marble Capital has available for you to access your account and various financial services, including but not limited to mobile banking and internet banking channels.
8.7 “Consent” means any manifestation of express, unequivocal, free, specific, and informed indication of your wishes by a statement or by a clear affirmative action, signifying agreement to the processing of personal data.
8.8 “Data Processor” means any person or body who processes personal data on behalf of Marble Capital.
8.9 “Data Protection Officer” means the person responsible for ensuring compliance with data protection laws and regulations.
8.10 “Data Subject” means an identified or identifiable natural person who can be identified, directly or indirectly, by reference to an identifier such as a name, identification number, or location data.
8.11 “Event of Default” means an event that prevents us from performing all or some of our obligations under these Terms.
8.12 “Force Majeure Event” means any event beyond our control, including but not limited to natural disasters, acts of government, or system failures.
8.13 “Instructions” means your directions or orders to us with respect to the operation of your account.
8.14 “Personal Data” means any information relating to an identified or identifiable natural person.
8.15 “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of personal data.
8.16 “Regulator” means the Central Bank of Kenya or any other relevant regulatory authority.
8.17 “Security Procedures” means procedures designed to authenticate your access to our channels and verify the origination of communications between us.
8.18 “Transaction” means the movement of money into or out of your Account.
8.19 “You” or “Your” means a legal person(s) including but not limited to an individual, firm, partnership, trust, or corporate body in whose name the Account(s) is held.

PART III: COMMUNICATION AND INSTRUCTIONS

9. How We Communicate With Each Other
9.1 You can contact us at the address and telephone number shown on your statement or through our Contact Centre.
9.2 We may contact you in person, by post, telephone, mobile telephone, or through our mobile application.
9.3 All notices, statements, letters, and other communications from us will be sent to your last known address.

10. Giving Us Instructions
10.1 We will act on your instructions given in writing or through electronic means, provided we have followed the Security Procedures.
10.2 You are responsible for the clarity, accuracy, and completeness of all instructions.
10.3 We may refuse to act on instructions that are unclear, inconsistent, or incomplete.

PART IV: ACCOUNT MANAGEMENT

11. Account Statements
11.1 We will provide you with statements of your account at such intervals as we shall agree with you.
11.2 You must check your statement carefully and inform us of any discrepancies within 28 days.

12. Closing Your Account
12.1 You can close your Account by telling us in writing.
12.2 We may close your account if you are in material breach of this agreement or if required by law.

PART V: LIABILITY AND INDEMNITY

13. Our Liability to You
13.1 We will, in good faith and applying reasonable care, make our best effort to ensure the security of our systems and prevent unauthorized access.
13.2 We will not be liable for any losses or damages arising from Force Majeure Events or unauthorized transactions.

14. Indemnity
14.1 You agree to indemnify us against any loss, charge, damage, or expense arising from your use of our products or services.

PART VI: DATA PROTECTION AND PRIVACY

15. Data Protection
15.1 We are committed to protecting your personal data in accordance with the Kenya Data Protection Act 2019.
15.2 You consent to the collection, use, and transfer of your personal data for the purposes of providing our services.

PART VII: GENERAL

16. Waiver
16.1 No failure or delay by us in enforcing any provisions in these conditions will impair or operate as a waiver of any of our rights.

17. Dispute Resolution
17.1 Any dispute arising out of or in connection with these Terms shall be resolved through negotiation or mediation.
17.2 This Agreement shall be governed by and construed in accordance with the laws of Kenya.