oneKhusa Terms of Service

The following definitions apply to these Terms:

1.1. “Applicable Data Protection Laws” shall mean all legislation, regulations or guidance notes in the Republic of Malawi  protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the Processing of Personal Data. This includes the Electronic Transactions and Cybersecurity Act 2016 and Data Protection Law of 2024.

1.2. "Biometric Information" shall refer to the face and fingerprints of an individual Customer captured and stored in the Database and used to identify that individual Customer.

1.3. "Client" shall mean the Institution and or an individual who has who uses OneKhusa as their payment gateway.

1.4. "Merchant portal" shall mean the interface through which the Client may manage business data which includes customer data and transactions.

1.5. “Customers” shall mean the Customers of the Institution who have been registered on the platform for the purposes of payment services.

1.6. "Database" shall mean the collation of all Customers' information collected during onboarding and stored in electronic  format on the Platform under the control of the Institution.

1.7. "Data Controller" shall mean a person who, acting either alone or in common with other persons, determines the purpose for which, and the manner in which, any personal data is processed, or is to be processed and thus, controls and is responsible for the keeping and using of personal data, and the term includes a person who collects, processes or stores

personal data. For the purposes of these Terms, the Institution Is the Data Controller.

1.8. “Data Subject” shall mean the person to whom Personal Data relates.

1.9. “Electronic Signatures” shall mean data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign, as defined in the Electronic Transactions and Cybersecurity Act, 2016.

1.10."Institution" shall  mean  any  organization,  collective or other  juristic  person   lawfully registered   to   provide   financial   services of any nature whatsoever to Customers. Institutions and their employees are the Clients and Users of the OneKhusa and the Platform respectively. 

1.11.“ID Card” shall mean the national identity card for the Republic of Malawi.

1.12.“Intellectual Property” shall mean copyrights, all rights conferred under statute, common law or equity in relation to all inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, circuit layouts, trade secrets, and confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including all rights to apply for any of the above.

1.13. "KYC" shall  mean  know-your-customer and shall  refer  to  the obligations  imposed on Institutions to know the identity, circumstances and risks associated with any Customer or potential Customer prior to providing any services to the Customer. e-KYC shall refer to electronic know-your-customer.

1.14. “Personal Data” shall means any information relating to an individual who - 

• a) May be directly identified; or
• b) if not directly identified, may be identifiable by reference to an identification number or one or several elements   related to his/her physical, physiological, genetic, psychological, cultural, social, or economic identity

1.15. “Platform” shall mean OneKhusa payment gateway through which Institutions and individuals can process Personal Data of Customers for the purpose of performing payments processing obligations.

1.16. “Process/Processing” shall mean any operation or set of operations which is performed upon   data,   whether   or   not   by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

1.17. "QR Code"  shall mean the quick response code, a machine-readable code containing information.

1.18. "QR Code Reader" shall mean the device which OneKhusa provides to the Institution upon signing the Principal Agreement. This device can read the QR Code on the National ID of any Malawian citizen. 

1.19. "Services Agreement" shall mean the Agreement negotiated and entered Into between OneKhusa and the Institution and in terms of which OneKhusa has granted the Institution a license to use the Platform. 

1.20. "Super Admin" shall mean the employee or representative of the Institution nominated by the Institution to administer   the full operation of the Platform on behalf of the Institution. The Super Admin functionality is discussed more fully in these Terms.

1.21. “Terms” shall mean these Terms of Service relevant to the Platform.

1.22. “Third-Party/ies” shall mean a natural or legal person, public authority, agency or body other than the Data Subject, Controller, Processor and persons who, under the direct authority of the Controller or Processor, are authorized to Process Personal Data.

1.23. “User” shall mean the employees or representatives of the Institution who are granted use of the Platform and are appointed by the Super Admin of the Institution and have their roles on the Platform assigned to them by the Super Admin.

1.24. "User Manager" shall mean the Interface from where the Super Admin exerts control over the Platform and can assign roles to different Users and view the full functionality of the Platform Including registered Customers, Users, pending applications and Customer requests.

1.25. "Whitelist" shall mean the authorization granted by OneKhusa to the Super Admin and empowering the Super Admin with administrative powers over the Platform on behalf of the Institution.