Terms of Service
Terms of Service
Last updated: 19 August 2026
These Terms of Service (the “Terms”) govern your use of the NairobiFX application and website at nairobiforextraders.com (the “Service”), operated by Nairobi Forex Traders (“NairobiFX”, “we”, “us”, or “our”). Please read them carefully before using the Service.
1. Acceptance of these Terms
By creating an account, initiating a transaction, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
2. The Service
NairobiFX is an independent payment agent that facilitates fast deposits to, and withdrawals from, your Deriv trading account using Safaricom M-Pesa. When you deposit, we receive your M-Pesa payment and credit the equivalent amount to your Deriv account. When you withdraw, we receive the amount debited from your Deriv account and send the equivalent to your M-Pesa number.
We are not Deriv, Safaricom, or M-Pesa, and we are not owned by, endorsed by, or officially affiliated with any of them. We act solely as a third-party intermediary to move funds between M-Pesa and Deriv on your instruction. Your trading account, and any trading activity within it, is governed by your own agreement with Deriv.
3. Eligibility
To use the Service, you confirm that you:
- are at least 18 years old;
- are a resident of Kenya;
- personally own and control the Deriv account and the M-Pesa line you use with the Service; and
- are using the Service for your own funds, not on behalf of any other person.
4. Exchange rates & fees
Deriv accounts are typically denominated in US dollars, while M-Pesa transactions are in Kenyan shillings. The exchange rate displayed to you at the time you confirm a transaction is the rate that applies to that transaction. A small spread or service margin may be included in the rate or charged as a fee, and any such amount is reflected in the figures shown before you confirm.
Rates move with the market and may change between transactions. Safaricom may also apply its own M-Pesa transaction charges, which are separate from any amount we charge.
5. Deposits
To deposit, you enter the amount and confirm the M-Pesa STK push prompt on your phone. Once your M-Pesa payment is confirmed, we credit the equivalent amount to the Deriv account linked to your session. Deposits are ordinarily credited within a few minutes, though timing can vary with M-Pesa and Deriv system availability. It is your responsibility to ensure the correct Deriv account is linked before you deposit.
6. Withdrawals & processing times
To withdraw, you request an amount to be paid out to your registered M-Pesa number. We process withdrawals as quickly as possible, typically within minutes, but processing times can be longer during periods of high demand, system maintenance, or when additional verification is required. You are responsible for ensuring the M-Pesa number on file is correct and active; we are not liable for funds sent to a number you provided in error.
7. Reversals & refunds
If a transaction fails after your funds have been received — for example, if a deposit cannot be credited to your Deriv account — we will retry the credit or refund the amount to your M-Pesa number. Refunds are made to the same M-Pesa line the payment came from. Because transactions involve third-party systems, some resolutions may require manual review; if you believe a transaction has not completed correctly, contact us promptly so we can investigate.
8. Acceptable use & anti-money-laundering
You agree not to use the Service to:
- commit fraud, launder money, or finance any unlawful activity;
- move funds that are not your own, or transact on behalf of a third party;
- impersonate another person or use a Deriv account or M-Pesa line you do not control; or
- circumvent, probe, or interfere with the security of the Service.
To comply with applicable anti-money-laundering and know-your-customer obligations, we may require identity verification, ask for the source of funds, place limits or holds on transactions, or suspend or close accounts where we reasonably suspect fraud, abuse, or unlawful use.
9. Third-party services
The Service relies on third parties including Deriv (for trading-account funding) and Safaricom’s M-Pesa / Daraja platform (for mobile-money payments). Your use of those platforms is subject to their own terms and policies. We are not responsible for outages, delays, errors, or decisions made by these third parties, though we will make reasonable efforts to help resolve any issue affecting your transaction.
10. Limitation of liability
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, NairobiFX is not liable for any indirect, incidental, or consequential losses, or for losses arising from third-party systems, network failures, incorrect details you provide, or your trading activity. Nothing in these Terms excludes any liability that cannot lawfully be excluded.
11. Risk warning
Trading forex and other leveraged products carries a high level of risk and can result in the loss of some or all of your invested capital. NairobiFX only facilitates the movement of funds; it does not provide trading, investment, or financial advice, and it does not guarantee any outcome from your trading. Only trade with money you can afford to lose.
12. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the updated Terms on this page. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
13. Contact
Questions about these Terms can be sent to support@nairobiforextraders.com.
This document is a template and does not constitute legal advice. Have a qualified Kenyan lawyer review it before relying on it.