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Terms & Conditions

Acceptance of Terms and Conditions

DIGITAL ID TERMS AND CONDITIONS

  1. DESCRIPTION AND PURPOSE

    1. The Digital ID is an initiative by the Government of Kenya (hereafter “us” or “we”) that seeks to issue Kenyan Citizens, Residents, Refugees, and Foreigners (hereafter “you”) with a digital representation of the information stored by the Government in the Integrated Population Management System (hereafter “IPMS”), the National Integrated Identity Management System, and the (hereafter “NIMS”) (together “the Population Databases”) that can be used by you to digitally verify your identity, access your Government Records digitally, and enable receipt of digital government services.
    2. In order for you to receive a Digital ID it is necessary that you be registered with the Population Databases as the data collected by the Government is what will be used to issue you with a Digital ID.
    3. The Digital ID will be provided through the E-Citizen Application which is a mobile phone application available for download. It will serve as a companion to the E-Citizen Platform which is the web-based platform through which the Government of Kenya provides its citizens and residents digital services. In order to be issued with a Digital ID it will be necessary to download and install the E-Citizen Application on your mobile phone.
    4. Your profile on the E-Citizen Application and your Digital ID will be bound to your mobile device and in the event, you change or lose your mobile device an authentication procedure will allow you to temporarily suspend your Digital ID and reactivate it at a later time.
    5. These terms and conditions will apply to and regulate the relationship between us and you in relation to your use of the Digital ID.
    6. Access to and use of the Digital ID will be bound by these terms and conditions. Your application for and continued usage of the Digital ID will constitute acceptance of these terms and conditions. Note that if you are unwilling or unable to accept the terms and conditions as hereafter laid out, we will be unable to provide you with or maintain a Digital ID on your behalf.
    7. We reserve the right to amend these terms and conditions at any time. We will notify you of any change in these terms and conditions through the E-Citizen Application's interface. The latest version of these terms and conditions will also be available for your perusal in your Account Profile.

  2. DEFINITIONS AND INTERPRETATIONS

    1. In these Terms and Conditions unless the context otherwise requires, the following words and expressions shall have the following meanings:
      1. “Account” shall refer to your personalised profile of information and history of services provided to you representing a history of your interactions with us in regards to your Digital ID.
      2. “Account Profile” shall refer to the information held by the Integrated Population Management System used to verify your identity when applying for and in order to maintain a Digital ID.
      3. “Digital ID” shall refer to a digital representation of your identity information verified against the Integrated Population Registration System.
      4. “Disclosing Party” shall refer to any party that discloses confidential information and for the purposes of this Agreement shall include all Account Holders;
      5. “E-Citizen App” shall refer to a mobile application through which the Government of the Republic of Kenya issues Digital IDs and provides digital government services;
      6. “E-Citizen Platform” refers to the web based platform through which the Government of Kenya provides services digitally to its citizens and residents;
      7. “Government Population Databases” refers to the Government of Kenya Databases and Registries that store information about Kenyan Citizens and Residents and includes the National Registration Bureau, the Civil Registration Service, the Integrated Population Management System, and National Integrated Identity Management System.
      8. “Identification Documentation” refers , in the case of a Kenyan National, to their National Identity Card, Military Identification Card, or Passport and, in the case of a Foreign National, to their Foreign Nationals Certificate Identification Card or Passport
      9. “Password/ PIN” refers to the secret password set by the you that allows you to access your Account;
      10. “Receiving Party” refers to any party that receives confidential information;
      11. SMS” refers to short messaging services;
    2. In these Terms and Conditions:
      1. words denoting the singular number only shall include the plural number also and vice versa and words importing the masculine gender include the feminine gender and neuter and vice versa;
      2. sub-clauses, clauses, Sections and the Schedules shall be construed as references to sub-clauses, clauses and sections of and the schedules to these Terms and Conditions
      3. the expression person shall include any legal or natural person, partnership, trust, company, joint venture, agency, government or local authority department or other body (whether corporate or unincorporate);
      4. any statute or any provision of any statute shall be deemed to refer to any statutory modification or re-enactment thereof and to any statutory instrument, order or regulation made thereunder or under any such re-enactment;
      5. a party or the parties shall mean a party or the parties to these Terms and Conditions;
    3. Headings to Sections are for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.
      1. Paragraph headings in these Terms and Conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate. In these Terms and Conditions, unless the context otherwise requires:
      2. capitalized terms shall have the meaning set out in sub-clause(1);
      3. references to any gender shall include a reference to all other genders;
      4. the singular shall include the plural and vice versa;
      5. references to any law or regulation shall include a reference to that law or regulation a may be amended, superseded or replaced.

  3. SERVICE DESCRIPTION

    1. The Digital ID is a digital representation of your identity information as held by the Government of Kenya in the Government Population Databases.
    2. The Digital ID allows for unique and secure identification of a person’s identity in order to grant access to the full range of Government Services offered digitally.
    3. The E-Citizen App will contain a unique QR code associated with your Digital ID that when scanned will verify your identity and provide information about you limited to the type of information that the person scanning the QR Code has access to by virtue of their government credentials. For example, a fellow citizen will only grant them access to the details contained in your physical identity, scanning by traffic police officers will provide them with information related to your driving licence and so on.
    4. Once issued with a Digital ID you will be able to apply and pay for Government Services through the E-Citizen App.
    5. You must follow instructions given by us in order to use your Digital ID. Your use of the Digital ID and its associated services may be limited or compromised in quality if you do not follow these instructions.
    6. We may increase or decrease the range of services offered to you through your Digital ID nothing in these terms and conditions will limit our right to do this when necessary.

  4. YOUR ACCOUNT PROFILE

    1. In order to access your Digital ID, you will be required to :
      1. Have an E-Citizen Account on the E-Citizen Platform. The E-Citizen Platform uses two factor authentication including a Password/ PIN linked to a valid email address or phone number that is in your possession and you must first successfully log into your E-Citizen Account.
      2. Input details from your government issued identification documents including your National ID Number and year of birth;
      3. Upload a recent photograph that will be used as your profile picture in your Account; and
      4. Scan your fingerprints and (optionally) your face so that these can be matched against biometric information already stored about you with the Government Population Databases.
      5. In the event that you are unable to self-register in order to receive a Digital ID you should present yourself to a Huduma Center or any National Registration Bureau office where you can be assisted and manually registered for a Digital ID.
    2. Through your Digital ID you will be able to access the full suite of Government Digital Services currently available on the eCitizen Platform. As more Government Services are made available digitally they will also be enabled for access through your Account Profile.
    3. Your Account Profile and your Digital ID is unique to you. It is necessary that you keep your log-in details private and confidential in order to avoid access to your Account Profile or your data by third persons.
    4. Your Profile will be associated with the telephone number and mobile device that you use to register for a Digital ID. As such you will only access your Digital ID through the mobile device you have used to register it with.
    5. In the event of the loss or acquisition by an unauthorised third party of the device through which you applied for and access your Digital ID it will be your obligation to suspend your account in order to stop any unauthorised access or usage of your Digital ID. You will be able to suspend your Digital ID and its associated account through the eCitizen Platform or by calling our customer care line. This process will require authentication of your identity through the answering of certain questions
    6. The acquisition and continued use of a Digital ID is a voluntary act. You may at any time uninstall the eCitizen App from your phone and stop your usage of the Digital ID. Note that as the data associated with your Digital ID is neither collected nor stored by us your decision to stop using your Digital ID will not result in the loss, deletion or other unauthorised processing of your data

  5. OBLIGATIONS

    To ensure continued use and optimal benefit from the Digital ID you undertake to:

    1. 11.2Provide only accurate and up to date information about yourself when applying for the Digital ID or using any services through the E-Citizen App;
    2. not use your Digital ID to impersonate, create a false impression of, subsume or in any other way falsify your identity information.
    3. Only use the Digital ID for legal reasons and not in any manner way or form attempt to break any laws of the Republic of Kenya or any treaties that the Kenyan Government has entered into.
    4. Report any loss or theft of the Digital ID or its associated log-in information promptly and suspend any account activity until they can ensure the security of their device or change their log-in information if this has been compromised.
    5. Participate in identity verification processes from time to time in order to ensure that your Digital ID and associated account are secure.
    6. Not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, or create any derivative works of the Digital ID and E-Citizen App.

  6. SECURITY

    1. We will employ state of the art security measures and take every step within our control to ensure the privacy and security of your Profile and any transactions you carry out using the Digital ID.
    2. In order to ensure that your data is secure you must also undertake to keep your account and log-in information safe and private to prevent unauthorised access.
    3. You must take every effort to ensure that the process you use to access your Digital ID does not expose you to any viruses, malware, or other forms of malicious code. We shall not be liable for any interference or damage caused to devices through the use of the Digital ID.
    4. In the event of loss or access by unauthorised persons of your device or log-in information you must immediately suspend your account through the E-Citizen Platform or by contacting our customer care line.
    5. Any action taken through your Account will be deemed to be a valid instruction from you and we shall act upon it as if it is such.
    6. Any failure to comply with the requirements listed in this clause may affect your use of the Digital ID and lead to a compromise of your personal data and information.

  7. SUSPENSION OF SERVICES

    We may in certain instances be compelled to suspend services offered to you through the Digital ID. We shall in all such instances communicate the reason for this as soon as possible. We may suspend services in instances where:

    1. It is necessary to do so in order to preserve the integrity and security of the Digital ID services;
    2. A change in law compels the suspension of the service;
    3. In order to perform maintenance or repair any of the digital infrastructure required to provide the service;
    4. In the event that a third party service provider stops or fails to provide an essential service necessary for the provision of the Digital ID;
    5. In the event of Force Majeure conditions which could include an Act of God, general infrastructure breakdown, extreme weather conditions, civil commotion or disturbance, pandemic conditions, restrictions on movement of people, or any other act beyond our control whose effect is felt by a large proportion of the population or economy.
    6. Any criminal action that is taken by you through your Digital ID and the E-Citizen App may result in the suspension or termination of your Account.

  8. WARRANTY AND LIABILITY

    You acknowledge and agree that:

    1. the Digital ID is provided on an 'as is' and 'as available' basis;
    2. unless otherwise specified in these Terms and Conditions or agreed pursuant to a separate written agreement between you and us, we will not be obliged to provide support for the Digital ID Services , whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to Your use of the Digital ID.
    3. The Digital ID cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of these Terms and Conditions;
    4. Except as expressly provided to the contrary in these Terms and Conditions and to the full extent permitted by applicable law, we will not be liable to you for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:
      1. the supply of a defective Digital ID Service;
      2. a failure to provide the Digital ID Service or any part thereof;
      3. errors or interruptions occurring in the course of using, or as part of, the Digital ID Service;
      4. corruptions to or loss of data in connection with the Digital ID Service;
      5. any suspension or discontinuance of the Digital ID Service;
      6. any use of the Digital ID Service by other users or any Organisation, including any use in a manner which contravenes these Terms; or
      7. a breach of these Terms.
    5. You acknowledge that you have exercised your independent judgment in acquiring your Digital ID and have not relied on any representation that we have made which has not been stated expressly in these Terms and Conditions or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material that we have produced.
    6. You will indemnify us and hold us harmless fully against all liabilities, costs, losses, claims and expenses which we may incur to a third party as a result of your breach of any of the provisions of these Terms.

  9. INTELLECTUAL PROPERTY RIGHTS

    1. All intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, and any other proprietary rights, in connection with the Services provided by us in creating and maintaining a Digital ID shall remain our exclusive property.
    2. You are granted a limited, non-exclusive, non-transferable license to access and use the Digital ID.
    3. Any unauthorized use, reproduction, distribution, or modification of the Digital ID is strictly prohibited. Yous agree not to reverse engineer, decompile, or disassemble any software or technology provided by us in connection with the Digital ID.
    4. This clause shall survive the termination or expiration of these Terms and Conditions and shall apply to you even if you no longer use the Digital ID.

  10. FORCE MAJEURE

    1. Neither of the Parties shall be considered to have breached the terms and conditions of this Agreement if the failure to fulfil its obligation or a delay thereof is caused by Force Majeure conditions or situation.
    2. Force Majeure conditions shall include any event that is beyond the control of the Parties to this agreement which may be but is not limited to Natural disasters (e.g., earthquakes, floods, hurricanes, tornadoes), Acts of God. war whether declared or undeclared, acts of terrorism, civil unrest or riots, strikes and labor disputes, government actions including embargoes and sanctions, epidemics and pandemics, nuclear accidents, power outages and utility failures, acts of sabotage., transportation disruptions (e.g., blockades, port closures)., fire and explosions, severe weather conditions (e.g., extreme snowstorms), acts of piracy, cyberattacks and data breaches, failure of essential equipment or machinery, regulatory changes, quarantine measures.

  11. GENERAL PROVISIONS

    1. Any changes in these Terms and Conditions shall be immediately communicated to the you in same manner as the you receive all communication from us.
    2. These Terms and Conditions shall supersede any prior agreement concerning the object of these Terms and Conditions.
    3. No delay, forbearance or giving of time by either Party to this Agreement to exercise any of its rights arising pursuant to these Terms and Conditions shall operate as a waiver in whole or in part of any of the other Party’s liabilities or obligations which may arise pursuant to these Terms and Conditions.
    4. No waiver by either Party of any breach of the provisions of these Terms and Conditions shall be deemed as a waiver of any similar breach of the provisions of these Terms and Conditions, whether such other breach occurred in the past or may occur in the future.
    5. The rights granted by these Terms and Conditions are personal to you and may not be assigned to anyone other than their personal representative.
    6. In the event that any part of these Terms and Conditions shall be found to be invalid or void that part shall be severed from these Terms and Conditions the remaining parts of which shall remain valid and enforceable.