Terms & Conditions (Kenya)
M-KOPA Product Credit Terms & Conditions
Any questions, complaints, claims, or other communications relating to these Terms should be directed to customercare@m-kopa.com
1. Definitions
These Terms use certain capitalised terms that are also used in Your Agreement. Any capitalised terms that are used in these Terms and not otherwise defined have the same meaning as in the 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:
1. “Account” means the M-KOPA customer account used for purposes of receiving payment of Your Initial Payment and applicable Credit Payment.
2. “Additional Product” means any follow-on or upgrade product and/or service that is purchased by You.
3. “Gateway Product” means the Product initially purchased by You which may inform your eligibility to purchase one or more Additional Products.
4. “Product” means the product and/or service purchased from M-KOPA under the Agreement.
2. The credit payment
You agree to pay the applicable Credit Payment by the required date (or in advance at Your choosing) and You agree that the applicable Credit Charge, shall be applied toward Your M-KOPA outstanding balance, until You have paid the Total Payment within the period as set out in the Agreement. Further, You agree that Your Credit Charge may change if You purchase Additional Products. The Credit Charge is non-refundable under any circumstance, including upon return of the Product pursuant to paragraph 13 (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 the following channel:
VIA THE M-KOPA APP
No payments by cash will be accepted by M-KOPA nor should they be made under any circumstances for the purchase of any Product or the payment of the Credit Payment. Please inform M-KOPA customer service or email CustomerProtection@m-kopa.com immediately if You are requested to make any cash payment or otherwise feel if you have been given wrong, misleading or potentially fraudulent information by any employee or agent of M-KOPA.
4. Promotion/Offers
By reason of your purchase of the Product, You may be identified by M-KOPA as eligible for various promotions and offers (including but not limited to airtime and data bundles). You will receive an SMS or WhatsApp notification informing You of the available promotions and the applicable terms and conditions. Those terms and conditions will be supplemental and subject to the Agreement and these Terms. M-KOPA reserves the right to amend or vary the terms and conditions relating to such promotions/ offers. You may choose to opt out of receiving such promotions and offers by emailing dataprivacy@m-kopa.com or contacting M-KOPA Customer Services.
5. Product deactivation & credit reporting
If You fail to fulfil your contractual obligations including keeping current on your Credit Payments, M-KOPA may deactivate your Product (including by 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 may not be eligible for Additional Products and services from M-KOPA.
6. Additional products
Once You finalize payment of the Gateway Product with a good credit performance, You will then qualify to apply for an Additional Product. For the avoidance of doubt, the Additional Product can 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.
Where you successfully purchase an Additional Product, You agree that such Additional Product will be subject to the applicable terms and conditions of such Additional Product and where applicable, these Terms. For the purposes of these Terms, the term Product will include an Additional Product.
If fail to keep current on the Credit Payment for such Additional Product, M-KOPA may deactivate your Additional Product and the Gateway Product (even if you have paid the Total Payment for the Gateway 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.
7. M-KOPA administrative right over your product
You understand and acknowledge that:
a. the Product will be paired with the SIM card presented by You 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 shall have certain administration rights over your Product which will 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. These administration rights may be reactivated even if you have paid off the Total Payment for the Product in the event that you purchase Additional Products or services from M-KOPA.
You will not alter the administration rights granted to M-KOPA on the Product and any attempt to do so could void the warranty of the Product and violate the intellectual property rights of M-KOPA and the relevant Product manufacturer.
8. Intended use
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.
9. M-KOPA credit scoring scheme
M-KOPA may request Your permission to access credit scoring information from third parties including mobile network operators, financial service providers or other third parties such as credit reference bureaus or similar credit scoring companies. This information would be used to 1) contact you (where applicable); and 2) establish a credit scoring profile, and such credit score could lead to different pricing for the Product depending on your score. You have the option to accept or deny this request.
By agreeing to M-KOPA’s request (which may be sent to You in different formats, including via USSD at the point-of-sale), You agree that M-KOPA will initiate a process to retrieve Your personal information and your credit scoring (including via a information call) and You agree to all applicable personal data sharing between M-KOPA and such third party credit score provider, subject to applicable laws.
You may withdraw your consent at any point during the process by refusing any further permission requests. The Privacy Policy shall apply to all aspects of the credit scoring information request. M-KOPA takes no responsibility for any error, delay, failure, or non-availability of the credit scoring service, and you shall hold M-KOPA harmless against any detriment, damage, or loss you may sustain as a result of non-favorable credit information, non-availability of credit information, or any error, delay, failure, or non-availability of the service.
10. Contact information
You consent that M-KOPA will 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 in order to allow M-KOPA to contact You or the Alternative Contact Person during reasonable hours regarding Your Account.
You agree that it shall be 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 by You to M-KOPA, whether or not You actually receive the information or not.
11. Lost, stolen or damaged products
You understand that M-KOPA is not responsible for the recovery of lost or stolen Products and does not track lost or stolen Products. If my Product is lost or stolen at any point, during or after the term of the Agreement, it is my 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 my Product.
Where You purchase the Product with an insurance cover and the Product is thereafter lost or stolen, then provided You meet M-KOPA’s insurance claim qualification criteria You will be eligible for a replacement ‘2nd life phone’ (subject to any other applicable terms and condition).
12. 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 tamper, open, alter the administration rights, reverse engineer, misappropriate or modify and/or use the Product Intellectual Property in any 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 M-KOPA 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.
13. 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 my rights and obligations under the Agreement to Your detriment.
14. Inspection of M-KOPA
You agree to grant to M-KOPA, its employees or agents all reasonable facilities and opportunity for the inspection of the Product at any time, subject to reasonable notice, including but not limited to with respect to any repair services or for the purpose of investigating any fraudulent uses of the Product during the term of the Agreement.
15. Return of product
You may return Your Product to any M-KOPA retail store at any time during the Term of the Agreement, provided that You do not have an existing M-KOPA cash loan or, Your Product is not being used as collateral for a loan elsewhere. Your Product will be evaluated, and You may:
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.
16. 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.
M-KOPA Product Credit Terms & Conditions
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 Product Installation (where applicable)
M-KOPA shall train its agents on how to install the Products and shall certify that the Products are in good working condition upon installation with confirmation by You. Where You choose to install the Product on Your own without the assistance of an M-KOPA certified installer, You shall be liable for any negligent handling which leads to the failure of the Product to perform as expected. This includes any damage or breakage suffered in the course of installation.
18. Third-party charges
You acknowledge that from time to time You may communicate with M-KOPA via USSD code in order to perform certain transactions on Your Account. You agree that such communication is made possible by third-party service providers and is subject to third-party charges. These third-party charges are separate from the Credit Charge and are paid by You directly to the third-party service provider whether disclosed by the third-party service provider in advance or otherwise. You agree that all charges payable to third–party service providers, including all applicable taxes, are Your sole responsibility.
19. Sim locked product
To the extent this paragraph is applicable to You, the following definitions will apply to this paragraph 19:
“Dual SIM” means a smartphone or mobile phone that can hold two different SIM cards at the same time.
“MNO” means the designated mobile network operator in partnership with M-KOPA.
“Offer Period” means the duration within which Your Total Payment remains outstanding or a period not exceeding twelve (12) months from the date You purchase the Product, whichever is earlier.
“SIM Lock” means the configuration applied to a Dual SIM Product that limits the full use of the Product to the MNO’s network.
“Primary Port” means any on the ports in the Product containing the MNO SIM.
“Product” means the SIM-Locked Dual SIM product to be purchased from M-KOPA.
“Secondary Port” means any port in the Product holding any other mobile network provider SIM.
19.2 The Offer
a) M-KOPA offers You the Product in line with this paragraph 19 (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.
b) 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.
19.3 Terms of use
a) 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.
b) 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.
c) 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.
d) 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.
20. 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 20:
Benefit means the Product protection benefit which includes:
i. one broken screen repair service; and/or
ii. one replacement of the Eligible Product in the event the Eligible Product is lost or stolen.
Eligible Product means the Product confirmed to You by M-KOPA as an Eligible Product for purposes of the Benefit.
Eligibility for the Benefit
i. M-KOPA offers You the Benefit for the Eligible Product in line with this paragraph 20.
ii. 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.
iii. 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.
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:
If the above requirements are met, then the Eligible Product will be repaired and/or replaced within the timelines set out above or as will be communicated to You by M-KOPA from time to time.If the Eligible Product is to be replaced, You understand that the replacement will either be (i) a product unit of a similar model or (ii) the next lower tier. You understand and agree that M-KOPA will not replace a lost Eligible Product with another brand-new Eligible Product.
You understand that the Benefit can only be utilized once during the Benefit Period.
21. General provisions
M-KOPA encourages You to report any abuse and or suspicions or concerns regarding fraud by any employee or agent of M-KOPA. To initiate a report, please email CustomerProtection@m-kopa.com. You have the option to submit reports anonymously but, providing your contact information may assist M-KOPA in the investigation process. M-KOPA is committed to safeguarding those who report fraud and will not tolerate any retaliation or adverse actions against those who report fraud in good faith. However, deliberately making false reports with the intent to harm an employee or M-KOPA is prohibited and may result in appropriate legal action. Confidentiality of your identity as a reporter will be protected to the fullest extent permitted by law and will only be disclosed to individuals who need to know for the purposes of investigation, legal compliance, or protection against retaliation.
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 of 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.
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.
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.
These Terms will be governed and construed in accordance with the laws of Kenya and the courts of Kenya 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 Kenya.
These terms and conditions, as updated from time to time and are applicable to those who have signed up for the M-KOPA Hospital Cash & Life Upgrade Product (the Insurance Product) with M-KOPA (M-KOPA Customers) unless clearly stated otherwise. These terms as well as the terms of the M-KOPA Application & Credit Agreement (the Agreement) will be applicable. Acceptance of the Agreement shall constitute acceptance of these terms.
Eligibility: Any M-KOPA Customer aged between 18-75 years, along with their spouse, parent, sibling, cousin or grandchild(ren) each of whom is aged between 18-75 years, and their child(ren) aged 1 month to 25 years, residing in Kenya qualify for cover. If you have questions about your eligibility, please call 0800 221 245.
Activation: Policies are activated monthly starting from the date of signing up for the Insurance Product, once Turaco receives the M-KOPA Customer details from M-KOPA. Hospital Cash and loss of life due to an accident can be claimed immediately, there is no waiting period.
Term: Cover is administered by Turaco Insurance Agency Limited and underwritten by Turaco Microinsurance Limited Kenya (Turaco) on a monthly basis, starting from the date of activation and renewed from month to month unless earlier terminated by M-KOPA. To maintain uninterrupted monthly coverage, it is important to make timely Credit Repayments. M-KOPA Customers who fail to make timely payments may not be eligible for continued coverage.
Benefit:
Hospital Cash:
– Payable upon inpatient hospitalization for one (1) or more consecutive nights at any public or private hospital, as long as it is registered by the Ministry of Health.
– The list of hospitals registered by the Ministry of Health can be viewed online at http://kmhfl.health.go.ke/#/facility_filter/results.
– Benefits are payable from the first night and are subject to a maximum of 30 days of hospitalization in a policy year.
Life Benefit:
– This is a cash payout made to the M-KOPA Customer or their next of kin should a covered member pass on in life for any reason other than pre-existing conditions, abuse of drugs, alcohol, the commission of criminal acts, suicide, self-inflicted injury, war, or terrorism.
The Insurance benefits are:
Claims: To make a claim, WhatsApp Turaco at +254 768 387 245 or call for free through 0800 221 245, and an agent will assist you with the necessary documentation. All claims will be paid within 3 business days of receiving full documentation and internal verification. Claims must be reported within 2 weeks of the event.
Personal Data: All customer information collected will be held securely by Turaco in accordance with Turaco’s data privacy policy and applicable law. Turaco may, subject to applicable law, share customer data with third parties for the purposes of policy administration and communications.
Communications: We may contact you by email, telephone, SMS, WhatsApp, or other channels about our services, promotions, or offers that may be of interest to you. If you prefer not to receive any direct sales and marketing communications from us, you can opt out at any time by calling 0800 221 245.
Exclusions: These terms are subject to Turaco’s terms and conditions including that Turaco shall not be liable to pay benefits for claims occurring due to the following:
1. Death attributed to self-inflicted injury, war, participation in riots or demonstrations, abuse of alcohol or illegal drugs.
2. Hospital Cash:
– Elective surgery including cosmetic surgery. Elective surgery is surgery scheduled in advance because it does not involve a medical emergency.
– Political unrest, war, riots, military action, terrorist activities, civil uprising or insurrection.
– Abuse of alcohol or narcotics, inhalation of gas, willful exposure to radioactivity, self-inflicted injury, attempted suicide (whether sane or insane at the time), willful consumption of poison or overdose of a drug (whether prescribed by a medical practitioner or not).
– Participation in dangerous sports and recreation activities such as horse riding, mountaineering, hunting, motor racing, powerboat racing, or fighting.
– Any act committed by a covered member which constitutes a violation of criminal law.
SpeakUp enables organizations to detect unethical behavior as soon as possible.It is an interactive platform that makes it possible to anonymously report and communicate about unethical behavior 24/7/365 days per year.
Here’s how you can anonymously report unethical behavior via SpeakUp: https://bit.ly/MKOPASpeak_Up.
M-KOPA Cash Loans Terms & Conditions
By accessing the Digital Channel (as defined below) and maintaining your Account (as defined below) You agree to comply with and be bound by these Terms governing the Product and you will be deemed to have read, understood, accepted and agreed with the Terms upon responding affirmatively on the applicable Digital Channel. If You do not agree with the terms of this Agreement, please do not click the “Agree” button on the Digital Channel. Please note that you will not be able to access the Product if you do not click “Agree” on the Digital Channel.Should you have any questions about interpretation or meaning of these Terms or the Agreement, contact M-KOPA Customer Services Center.
1. Definitions
These Terms use certain capitalised terms that are also used in your Agreement. Any capitalised terms that are used in these Terms and not otherwise defined have the same meaning as in the Agreement have the same meaning when they are used in these Terms and in your Agreement. These Terms also have the following additional defined terms:
1.1. “Account” means the M-KOPA customer account used for purposes of receiving the Repayment.
1.2. “Additional Product” means any follow-on or upgrade product that is purchased by You.
1.3. “Applicable Laws” means all laws, subordinate legislation and common law, rules, regulations, and formal regulatory guidelines and standards, ordinances and by-laws; directives, codes of practice, circulars, guidance notices, judgments and decisions of any competent authority, or any governmental, intergovernmental or supranational body, agency, department or regulatory, self-regulatory or other authority or organisation; and other similar provisions, from time to time, compliance with which is mandatory for a Party and which are in force from time to time and relevant to these Terms and the Agreement.
1.4. “Credit Bureau” means a credit reference bureau duly licensed under Banking Act pursuant to Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information.
1.5. “Digital Channel” means the M-KOPA App, USSD or any other digital channel which is used by the Customer to apply for or otherwise access the Product.
1.6. “Gateway Product” means the product initially purchased by You which controls your eligibility to apply for the Product.
1.7. “Interest” means the interest charges applicable to the Product pursuant to the Agreement.
1.8. “Loan Amount” means the loan amount received from M-KOPA pursuant to the Agreement.
1.9 “Product” means the cash loan product the principal amount of which will be granted by M-KOPA to You under the terms of the Agreement from time to time through the Digital Channel or (as the context requires) the total amount outstanding, including any Interest and/or other charges for the time being.
1.10. “Repayment” means the repayment of Product.
2. Repayments
You agree to pay the Repayments on the applicable due date (or in advance at your choosing) and You agree that the Repayments which may be paid on daily, weekly or monthly basis (as applicable), shall be applied toward your Product, until you make the Repayments in full within the maximum payment period as set out in the Agreement. You agree that the terms of your Product and charges payable in relation to the Product has been displayed on the Digital Channel and/or explained to You, prior to accepting the Product.
3. Mode of payment
The Repayments (whether made daily, weekly, monthly or in total upfront) towards your Product shall be made through M-PESA Pay Bill Number 333222 or through the M-KOPA App.
No payments by cash will be accepted by M-KOPA nor should they be made under any circumstances for the Product or the Repayments. Please inform M-KOPA Customer Service immediately using the contact details below if requested to make any cash payment.
You agree and understand that a portion of the Repayments consists of costs related to the Product including Interest. You understand that You may contact M-KOPA to get a breakdown of your Repayments.
4. Promotion/Offers
You may be identified by M-KOPA as eligible for various promotions and offers (including but not limited to airtime and data bundles). You will receive an SMS or WhatsApp notification informing You of the available promotions and the applicable terms and conditions. You will have the option to accept or opt out of the available promotions and offers. The terms and conditions of the available promotions and offers will be supplemental and subject to these Terms. M-KOPA reserves the right to amend or vary the terms and conditions relating to such promotions/ offers.
5. Product charges
You may apply for the Product through any of the Digital Channels. The maximum limit of the Loan Amount will vary depending on your eligibility for the Product. M-KOPA will communicate the Loan Amount, Interest and any other charges applicable to You prior to issuing the Product.
It is understood that if You make the Repayments on the applicable due dates as stated in your Agreement, a monthly Interest rate of between 3-10% shall apply to the Product. Interest shall be subject to the limits permissible by Applicable Law.
6. Taxes
The Repayments are exclusive of tax. In the event taxes are payable subject to Applicable Law, M-KOPA will inform You of the new development and You will pay any additional amount attributable to tax. Further, if M-KOPA is obligated by Applicable Law or any regulatory body to withhold any amounts relating to your Account, You hereby consent and agree to such withholding.
7. Permission for administration rights
You agree that M-KOPA shall have administration rights over the Gateway Product which will allow M-KOPA to restrict usage of and potentially disable the Gateway Product if the Repayments are not paid or your Account is otherwise in arrears. You understand that these administration rights may be reactivated even if You have paid the Repayments for the Product. You agree not to attempt to alter the administration rights granted to M-KOPA on the Gateway Product and any attempt to do so could void the warranty of the Gateway Product and violate the intellectual property rights of M-KOPA and the relevant Gateway Product manufacturer.
8. Default on repayment & credit reporting
If You fail to fulfil your contractual obligations including keeping current on your Repayments, as required in the Agreement and such failure is continuing, You consent and agree, without prejudice to any other right or remedy granted to us under any law, that M-KOPA shall:
In addition, if You fail to keep current on the Repayments for the Product, your credit history and related information may be reported to a Credit Bureau until You become current in your Repayments, subject to Applicable Law.
9. No Setoff
M-KOPA may request Your permission to access credit scoring information from third parties including mobile network operators, financial service providers or other third parties such as credit reference bureaus or similar credit scoring companies. This information would be used to 1) contact you (where applicable); and 2) establish a credit scoring profile, and such credit score could lead to different pricing for the Product depending on your score. You have the option to accept or deny this request.
By agreeing to M-KOPA’s request (which may be sent to You in different formats, including via USSD at the point-of-sale), You agree that M-KOPA will initiate a process to retrieve Your personal information and your credit scoring (including via a information call) and You agree to all applicable personal data sharing between M-KOPA and such third party credit score provider, subject to applicable laws.
You may withdraw your consent at any point during the process by refusing any further permission requests. The Privacy Policy shall apply to all aspects of the credit scoring information request. M-KOPA takes no responsibility for any error, delay, failure, or non-availability of the credit scoring service, and you shall hold M-KOPA harmless against any detriment, damage, or loss you may sustain as a result of non-favorable credit information, non-availability of credit information, or any error, delay, failure, or non-availability of the service.
10. Contact information
You consent that M-KOPA will send electronic communications to the primary and alternative contact details provided 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 in order to allow M-KOPA to contact You or the Alternative Contact Person during reasonable hours regarding your Account. You agree to inform M-KOPA of any changes to the contact information during the term of the Agreement.
11. Account statements
A statement in respect of your Account can be made available to You upon request. Contact M-KOPA Customer Services Center. M-KOPA reserves the right to rectify discrepancies and/or alter the entries in your statements. Save for a manifest error, a statement issued to You in respect of your Account shall be conclusive evidence of the transactions carried out and requested by You in relation to your Account for the period covered in the statement.
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 to any successor. M-KOPA shall inform You of such assignment and shall be entitled to disclose such information concerning You and the Agreement as M-KOPA considers appropriate to any actual or proposed direct or indirect successor or to any person to whom information may be required to be disclosed by any applicable law. You consent to such assignment by M- KOPA of any rights or obligations therein, provided that such transfer does not alter your rights and obligations under the Agreement to your detriment
13. M-KOPA responsibilities
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 my rights and obligations under the Agreement to Your detriment.
14. Inspection of M-KOPA
Inform of Approval
M-KOPA will communicate to You its approval or disapproval of the application for the Product by SMS, the M-KOPA app or phone call within seven (7) days of receiving your application.
Disbursement of the Product
M-KOPA will ensure the Product is disbursed once the Agreement is approved.M-KOPA shall not accept responsibility if the Product is not disbursed due to third party system or network outages which result in a failure for a device to receive the Product.
End Billing when total Repayments are Paid
M-KOPA reserves the right to reactivate and maintain the module and billing for any Additional Products that You may purchase. M-KOPA will complete billing for the Product and end further Product requirements once the total Repayments are paid.
Protect Data
M-KOPA agrees to protect your data in accordance with the prevailing Applicable Law, the Agreement and the Privacy Policy.Protect Data
Any questions, complaints, claims or other communications relating to the Agreement should be directed to M-KOPA Customer Service Center at customerservice@m-kopa.com, phone +254707333222 and WhatsApp +254799136761.
14. General provisions
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 of 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.
M-KOPA may at any time replace, vary or amend without notice to You these Terms. Such replacement, variation or amendment will be published on the M-KOPA website and/or any other medium as solely determined by M-KOPA. The replacement, variation and amendment shall take effect immediately upon publication. Any changes to these Terms shall be binding upon You as fully as if the same were contained in these Terms and the Agreement.The Agreement and these Terms will be governed and construed in accordance with the applicable laws of your jurisdiction. For avoidance of doubt, 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, and construed in accordance with the laws of Kenya and the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with any such credit or its subject matter or formation (including non-contractual disputes or claims).
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