CONTENTS

1. DEFINITIONS
2. THE CREDIT PAYMENT
3. MODE OF PAYMENT
4. PRODUCT DEACTIVATION AND CREDIT REPORTING
5. ADDITIONAL PRODUCTS AND PROMOTIONS
6. M-KOPA ADMINISTRATIVE RIGHTS OVER YOUR PRODUCT
7. INTENDED USE ONLY
8. CONTACT INFORMATION
9. OWNERSHIP OF THE PRODUCT
10. LOST, STOLEN OR DAMAGED PRODUCTS
11. PRODUCT PROTECTION BENEFIT
12. ASSIGNMENT
13. INSPECTION BY M-KOPA
14. RETURN OF PRODUCT
15. WARRANTIES
16. M-KOPA RESPONSIBILITIES
17. THIRD-PARTY CHARGES
18. SIM LOCKED PRODUCT
19. DATA BUNDLE OFFER
20. M-KOPA USED DEVICE PROGRAMME
21. GENERAL PROVISIONS

1. DEFINITIONS

These Terms use capitalized words that are also defined in Your Agreement. For example, terms such as Product, Initial Payment, Credit Payment and Total Payment have the same meaning when they are used in these Terms and in Your Agreement. These Terms also have the following additional defined terms:

2. THE CREDIT PAYMENT

You agree to pay the applicable Credit Payment by the due date (or in advance at Your choosing). The Credit Payment shall be applied toward Your M-KOPA outstanding balance, until You have paid the Total Payment as set out in the Agreement. Additionally, You agree that Your Credit Payment may change if You buy Additional Products. The Credit Payment is non-refundable even if You return the Product as described in paragraph 14 (Return of Product).

3. MODE OF PAYMENT

The Initial Payment and all applicable Credit Payments towards purchase of the Product and/or any Additional Product shall be made through:

4. PRODUCT DEACTIVATION AND CREDIT REPORTING

If You fail to fulfil Your contractual obligations including keeping current on Your Credit Payments, M-KOPA may deactivate Your Product (including exercising a seller’s lien as applicable under this credit sale arrangement) until You become current again in Your Credit Payments. This could require the payment of more than one Credit Payment in order to unblock Your Account.

If You fail to keep current on the Credit Payments for the Product, Your credit history may be reported to a credit reference bureau and You may not be eligible for Additional Products and services from M-KOPA.

5. ADDITIONAL PRODUCTS AND PROMOTIONS

Once You complete payment for the Initial Product and maintain a good credit performance, You can apply for an Additional Product. This could be another Product, or digital financial services such as cash loans or e-vouchers or any other product that M-KOPA is offering as an Additional Product. If You successfully purchase an Additional Product, You agree that such Additional Product will be subject to the terms and conditions of specific to that Additional Product as well as, these Terms. In this context, the term “Product” will include an Additional Product.

M-KOPA may from time to time identify You as eligible for various promotions and offers (such as airtime, data bundles and others). The available offers and promotions and their applicable terms and conditions will be communicated to you via the M-KOPA App, SMS or WhatsApp. Those terms and conditions will be additional to the Agreement and these Terms. M-KOPA reserves the right to amend or vary the terms and conditions relating to such promotions or offers.  You may opt out of receiving such promotions and offers by emailing dataprivacy@m-kopa.com or contacting M-KOPA Customer Service (details are above).

If You miss a Credit Payment for the Additional Product, M-KOPA may deactivate both Your Additional Product and the Initial Product (even if You have fully paid for the Initial Product) until You become current again in Your Credit Payments. This could require the payment of more than one Credit Payment to unblock Your Account.

6. M-KOPA ADMINISTRATIVE RIGHTS OVER YOUR PRODUCT

You understand and acknowledge that:

a) the Product will be paired with the SIM card You present to M-KOPA on activation of Your Product at the point of purchase. Removing that SIM card from the Product at any time during the Term will render the Product inactive.

b) M-KOPA has certain administration rights over Your Product which may allow M-KOPA to restrict usage of and potentially block or disable the Product (including by exercising a seller’s lien as applicable under this credit sale arrangement) if Your Credit Payment is not paid or Your Account is otherwise in arrears. Additionally, these administrative rights may be reactivated even if You have paid off the Total Payment for the Product if You purchase Additional Products or services from M-KOPA.

You shall not alter the administration rights granted to M-KOPA on the Product. Any breach or attempted breach of this obligation will void the warranty of the Product and violate the intellectual property rights of M-KOPA and the relevant Product manufacturer and will entitle M-KOPA to exercise any of its rights or remedies under paragraph 9 (Ownership of Product) below.

7. INTENDED USE ONLY

All Products should be used solely in accordance with the instructions provided in the relevant Product instruction manuals and Product end-user license agreements (where applicable). Further, Your Product must be maintained in proper repair and working condition in order to receive any applicable refund on Your Product and You agree that if You contravene any of the instructions provided in the Product manuals, it will result in the forfeiture of the warranty of the Product.

8. CONTACT INFORMATION

You consent that M-KOPA will call and/or send electronic communications to the contact information which You provide in the Agreement. You are solely responsible for the accuracy of such information and must ensure that all contact information provided to M-KOPA is complete and accurate to allow M-KOPA to contact You or the Alternative Contact Person during reasonable hours regarding Your Account.

You agree that it is Your sole responsibility to keep Your contact information current and You will be deemed to have received any notice issued based on the contact information provided to M-KOPA, whether or not You actually receive the information.

9. OWNERSHIP OF THE PRODUCT

You understand that You shall take ownership of the Product at purchase under a credit sale arrangement but that M-KOPA and/or the Product manufacturer (as applicable) shall at all times retain ownership to all of its intellectual property (whether registered or not) (the “Product Intellectual Property”) that is used to operate the Product and the data generated therefrom, in both cases even after the Total Payment is paid.  You must not at any time tamper, open, alter the administration rights, reverse engineer, misappropriate or modify or attempt to do any of them and/or use the Product Intellectual Property in any fraudulent or other way not authorised by M-KOPA and/or the Product manufacturer (as applicable) or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Product warranty, void any right to a refund and result in a fundamental breach of the Agreement.

For avoidance of doubt any tampering and /or modification of the Product Intellectual Property shall constitute willful destruction of M-KOPA’s property and may result in criminal charges and such other civil actions being brought against any person, whether You or a third party, found to have tampered and/or modified the M-KOPA Intellectual Property regardless of whether the Total Payment of the Product has been paid.

Any violation of paragraph 6 (M-KOPA Administrative Rights over Product), paragraph 9 (Ownership of Product) and any other term related to Product Intellectual Property will be a fundamental breach of the Agreement and will entitle M-KOPA to exercise any rights or remedies available at law or equity, including without limitation 1) immediate cancellation or rescission of the Agreement; 2) retention of the Product; and 3) forfeiture of the Product warranty, voiding any right to a refund.
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10. LOST, STOLEN OR DAMAGED PRODUCTS

You understand that M-KOPA does not track and is not responsible for the recovery of lost or stolen Products. If the Product is lost or stolen at any point, during or after the term of the Agreement, it is Your responsibility to report the matter to the appropriate police authorities. You further agree that even if the Product gets lost, stolen or damaged while out-of-warranty, You will be responsible for paying the applicable Credit Payment and the Total Payment for the Product.

11. PRODUCT PROTECTION BENEFIT

To the extent this paragraph is applicable to You, by reason of purchasing an Eligible Product (as defined below), the following definitions will apply to this paragraph 11:

11.1. Eligibility for the Benefit

11.1.1. M-KOPA offers You the Benefit for the Eligible Product in line with this paragraph 11.
11.12. To be eligible for the Benefit it is important that You make timely Credit Repayments. If You fail to do so, You will not be eligible for the Benefit.
11.1.3. You understand that You can make a claim for the Benefit at any time after thirty (30) days from the date the Eligible Product is allocated to and within one (1) year from the allocation date (the Benefit Period). No claim for the Benefit can be made after the Benefit Period.
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11.2. The Claim

To make a claim for a Benefit, You must meet the requirements and submit the documents set out below to the nearest M-KOPA service center or shop:
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If the above requirements are met, then the Eligible Product will be repaired within the timelines set out above or as will be communicated to You by M-KOPA from time to time. You understand that the Benefit can only be utilized once during the Benefit Period.

12. ASSIGNMENT

You agree that You will not transfer or assign any rights or obligations under the Agreement without the prior written consent of M-KOPA. M-KOPA has the right to transfer or assign the Agreement or any right or obligation under the Agreement at any time. Further, You consent to such assignment by M- KOPA of any rights or obligations therein, provided that such transfer does not alter the rights and obligations under the Agreement to Your detriment.
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13. INSPECTION BY M-KOPA

You agree to provide M-KOPA, its employees or agents reasonable access to inspect the Product at any time, with reasonable notice. This includes inspections related to any repair services or for the purpose of investigating any fraudulent uses of the Product during the term of the Agreement.
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14. RETURN OF PRODUCT

You may return Your Product to any M-KOPA retail store or qualified dealer at any time during the term of Your Agreement, provided that You do not have an existing M-KOPA cash loan or any contractual commitments, or encumbrances from third parties attached to your Product. Your Product will be evaluated, and You shall:
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a) be eligible for a refund of Your Initial Payment either in full or in part depending on the evaluated condition of Your Product; and
b) be released from Your remaining Credit Payment obligation under the Agreement.
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15. WARRANTIES

M-KOPA will repair or replace a Product, in accordance with the warranty terms provided by the Product manufacturer. The warranty is valid only if the Product is used as instructed and is not tampered with, opened, modified and/or used in other ways not authorised by M-KOPA, the Agreement and these Terms.

The warranty period is as set out in the instruction manual for the relevant Product. M-KOPA reserves the right not to accept any Product that is returned under warranty. Approval from M-KOPA’s customer service is required before a Product can be returned to an M-KOPA service center or shop for repair or replacement. Once approval has been obtained, You should return Your faulty Product to the nearest M- KOPA shop or authorized service center for repairs or replacement.

16 M-KOPA RESPONSIBILITIES
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16.1. Inform of Approval
M-KOPA will communicate to You its approval or disapproval of the Agreement by SMS, email or phone call within seven (7) days of receiving the signed Agreement. Approval or disapproval for any Additional Products will be communicated by SMS or phone call.

16.2. Activate the Product
M-KOPA will ensure the Product is activated once the Initial Payment is received and, thereafter, whenever Your Account has a positive credit balance. M-KOPA shall not accept responsibility if a Product does not receive credit due to third party system or network outages which result in a failure for a Product to receive credits.

16.3. End Billing when Total Payment is Paid
M-KOPA will complete billing for the Product and end further Credit Payment requirements once the Total Payment of the Product is paid. M-KOPA reserves the right to reactivate and maintain the module and billing for any Additional Products that You may purchase.

16.4. Protect Data
M-KOPA agrees to implement appropriate and reasonable measures to protect Your personal data in accordance with the prevailing data protection and consumer protection laws unless required to disclose such information by law or in accordance with these Terms and the Privacy Policy.

16.5. Ownership of Carbon Credits
M-KOPA shall have absolute and sole ownership of the carbon credits obtained from the usage of the Product.
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17. THIRD-PARTY CHARGES

You acknowledge You may communicate with M-KOPA using various Communication Channels to perform certain transactions on Your Account. You agree that such communication is made possible by third-party service providers which may incur additional charges. These third-party charges are separate from the Credit Charge and must be paid directly to the third-party service provider regardless of whether disclosed by the third-party service provider in advance or otherwise. You accept that all charges from third-party service providers, including any applicable taxes, are Your sole responsibility.
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18. SIM LOCKED PRODUCT

To the extent this paragraph is applicable to You, the following definitions will apply to this paragraph 18 and, where relevant, throughout these Terms:
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18.1. The Offer

M-KOPA offers You the Product in line with this paragraph 18 (the “Offer”). You understand that the SIM Lock is in exchange for complimentary offers by the MNO and shall apply for the duration of the Offer Period. By purchasing the Product, that Your Product will be SIM locked.

The Product will remain SIM-Locked for the Offer Period. Notwithstanding the Offer Period, M-KOPA and/or the MNO may, jointly or independently, in their sole and absolute discretion, amend the duration of the Offer Period to a shorter period, or withdraw the Offer in its entirety, with notice to You. At the end of the Offer Period, You will be free to use any MNO’s SIM or service on Your Product without any further limitation.
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18.2. Terms of Use

18.2.1. At all times during the Offer Period, the Product shall only connect to mobile network services if the MNO’s SIM card is inserted in the Primary Port.

18.2.2. With the MNO SIM in the Primary Port, You will be able to access voice, SMS function and mobile data. Where You insert another SIM card in the Secondary Port, the use of that other SIM card will be limited to voice and SMS function only.

18.2.3. You agree not to tamper with or modify the Product's software or hardware in any way that could affect the SIM Lock functionality during the Offer Period. Any such interference or modifications may result in the termination of warranty, criminal charges being brought against You and such other civil actions by M-KOPA.

18.2.4. M-KOPA will under no circumstance be liable to You for any error, delay, failure or non-availability of the service, and You shall hold M-KOPA harmless against any damage or loss You may sustain as a result of possession and/or use of the MNO SIM, MNO network services, or any error, delay, failure or non-availability of the MNO service.
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19. DATA BUNDLE OFFER

To the extent this paragraph is applicable to You, the following definitions will apply to those customers who purchase the M-KOPA Data Bundles product and in this context, the term “Product” will include the Data Bundle product:

19.1. You can apply for the Product through the designated Communication Channel currently the M-KOPA App. The maximum amount You can receive will depend on Your eligibility as determined by M-KOPA. M-KOPA will inform You of the Product amount and any applicable charges before issuing the Product.

19.2. Payment provisions in these Terms apply to this paragraph 19.

19.3. If You fail to repay the Credit Amount or the Total payment for the Product by the due date, M-KOPA may deactivate Your Initial Product until You become current again in Your Credit Payments. Additionally, if You are in arrears with Your MNO, the Product and/or the Initial Product, will not be available to You.
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20. M-KOPA USED DEVICE PROGRAMME

To the extent the M-KOPA Used Devices Programme (the Programme) is applicable to You, the following definitions will apply.

“Eligible Device” means used Products purchased from M-KOPA that qualify for the Programme, such as the Samsung Galaxy A04e, Samsung Galaxy A14, Samsung Galaxy A22 or any other used Product advised by the M-KOPA Agent, whether fully paid up or not. Products that are subject to contractual commitments, or encumbrances from third parties will not be considered eligible for the Programme.

“Incentive Value” means the assessed value of the Eligible Device.
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20.1. Programme Options
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The Programme, allows You to return an Eligible Device to an M-KOPA service centre, retail store or qualified dealer with through:

Trade-in-to-upgrade: Exchange the Eligible Device for another available M-KOPA mobile device of Your choice.
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20.2. Programme Eligibility
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To be eligible for the Programme:

20.2.1. You must be at least 21 years old and in possession of a valid form of identification.

20.2.2. You can only bring a maximum of 1 Eligible Device at any given time.

20.2.3. Must be the rightful owner of the M-KOPA Device. M-KOPA may set additional eligibility criteria, which may be updated periodically.
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20.3. Device Qualification
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20.3.1. Before a qualifying Eligible Device is handed over to an M-KOPA agent, You must remove all passwords and accounts (e.g., Samsung, Google account) from the Eligible Device, and initiate a factory reset. Participants are advised to back-up any personal data that they wish to retain a copy of before trading-in their device. M-KOPA will not be liable for any data loss under this Program.

20.3.2. M-KOPA, at its sole discretion, will assess the qualifying Eligible Device (i) to confirm that the device qualifies for the Programme and (ii) assign it a grade (the Grade) based on its functionality and cosmetic condition.

20.3.3. Based on the Grade, the Incentive Value which will be applied as follows: the Incentive Value will be applied towards the purchase of a new M-KOPA device of your choice, and must be redeemed from the service centre where the eligible device was traded in.

20.3.4. You will be responsible for ensuring that any information provided to the M-KOPA agent conducting the assessment is accurate, complete, and up-to-date.
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20.4. Important Information
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20.4.1. Transactions under this Programme are non-transferable; no other substitution of the Incentive Value is permissible.

20.4.2. The participant will be required to sign a Job card to complete the transaction. By signing the Job card, the participant/customer confirms that he/she (a) understands the job card (b) meets each requirement and (c) agrees to the terms and conditions.


20.4.3. Transactions under this Program are non-refundable and irreversible. By trading-in an M-KOPA Device, You give up ownership of the Eligible Device.

20.4.4 Upon upgrading to a new device of their choice, the customer will be subject to the general terms and conditions applicable to upgrade products, as outlined in the Customer T&Cs.

21. GENERAL PROVISIONS

M-KOPA encourages You to report any abuse, suspicions and/or concerns about fraud by its employees or agents. To make a report, please email  CustomerProtection@m-kopa.com. You can choose to be anonymous but, providing Your contact information may help M-KOPA with the investigation process. M-KOPA is committed to protecting those who report fraud and will not tolerate any retaliation or adverse actions against those who report in good faith. However, deliberately making false reports to harm an employee or M-KOPA is prohibited and may lead to legal action. Your identity as a reporter will be kept confidential as much as possible and will only be disclosed to those who need to know for investigation or legal reasons.

21.1. No waiver of these Terms by M-KOPA will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by M-KOPA to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect the M- KOPA’s and Your intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

21.2. M-KOPA reserves the right, at any time, to change, vary, amend or replace these Terms and any rules relating to Your purchase, its products and services and to modify its products and services at its discretion, with notice to You.

21.3. No provision of these Terms is intended to contravene the applicable consumer protection legislation, and therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the applicable consumer protection legislation is complied with.

21.4. These Terms will be governed and construed in accordance with the laws of the Republic of Ghana and the courts of Ghana shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). Any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, construed and determined in accordance with the applicable laws of the Republic of Ghana.