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 phone +254707333222 and WhatsApp +254799136761
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:
"Account"
"Additional Product"
"Communication Channel"
"Initial Product"
"Product"
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:
VIA THE M-KOPA APP
No payments by cash will be accepted by M-KOPA 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 You are asked to make any cash payment or believe You have received wrong, misleading or potentially fraudulent information from an M-KOPA employee or agent.
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 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.
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.
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:
“Benefit”
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”
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.
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:
For You to qualify for the broken screen repair service:
- You must be on track with your Credit Repayments (if not on track, you can pay to catch up and qualify).
- You will be required to complete an indemnification form (issued at the M-KOPA shop).
- You will attach a copy of Your form of identification.
- M-KOPA will take a photo of the broken phone screen and back of Eligible Product.
- You will be required to pay a repair fee of KES 1,000.
- The broken screen repair will take 10 working days
For You to qualify for the lost/stolen phone replacement:
- You must be on track with your Credit Repayments (if not on track, you can pay to catch up and qualify)
- You will be required to complete a lost/stolen phone claim form (issued at the M-KOPA shop).
- You will attach a copy of Your form of identification.
- You will be required to attach a stamped police report/ OB.
- You will be required to pay a phone replacement fee of KES 3,000.
- The lost/stolen phone replacement will take 48 hours.
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) a new product unit. 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.
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.
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:
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.
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.
16.1. 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.
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.
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:
"Dual SIM"
"MNO"
"Offer Period"
twelve (12) months from the date You purchase the Product, whichever is earlier.
"SIM"
identify and authenticate You on a mobile network.
“SIM Lock”
"Primary Port"
"Product"
"Secondary Port"
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.
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.
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.
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”
"Incentive Value"
20.1. Programme Options
The Programme, allows You to return an Eligible Device to an M-KOPA service center, retail store or qualified dealer with the following options:
a) Return: Return to M-KOPA an Eligible Device that You are still paying for, and subject to the terms of paragraph 14 (Returns) above; or
b) Sale for Cash: Bring in an Eligible Device that You have fully paid for, and M-KOPA will buy it back from You for cash; or
c)Trade-in-to-upgrade: Exchange the Eligible Device for another available M-KOPA mobile device of Your choice.
20.2. Programme Eligibility
To be eligible for the Programme:
20.2.1. You must be 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.
20.3. Device Qualification
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. 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: (i) for a sale for cash, M-KOPA will pay the Incentive Value to You; and (ii) for a trade-in-to-upgrade, the Incentive Value will be applied towards the purchase of a new M-KOPA device of your choice.
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.
20.4. Important Information
20.4.1. Transactions under this Programme are non-transferable; no other substitution of the Incentive Value is permissible.
20.4.2. Transactions under this Program are non-refundable and irreversible. By returning, selling for cash or trading-in a M-KOPA Device, You give up ownership of the Eligible Device.
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.
22.1. 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.
22.2. 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.
22.3. 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.
22.4. 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.
The terms in Part A are separate from those in Part B. Each section is independent, and the terms in one do not affect the other.
These terms and conditions, as updated from time to time, apply to You, unless clearly stated otherwise, if 1) You are living in Kenya, and 2) have purchased an eligible product (the Product) from M-KOPA. These terms as well as the terms of the Product Application & Credit Agreement (the Agreement) will be applicable. Your acceptance of the Agreement shall constitute acceptance of these terms.
Eligibility:
You must be above 18 years of age and have purchased the Product within the specified promotional period. Eligibility is subject to the specific promotional terms and conditions based on the purchase dates and qualifying Product models.
If You have questions about Your eligibility, please call 0800 221 245.
Underwriter:
This cover is provided and underwritten by Turaco Microinsurance Limited (Turaco). Turaco is a micro insurer licensed by the Insurance Regulatory Authority of Kenya (IRA), and serviced by Turaco Insurance Agency Limited, an agency licensed by the IRA.
Activation:
This cover starts from the date of purchase of Your Product and receipt of Your details by Turaco (the Start Date).
Term:
Your cover shall be renewed from month to month unless terminated earlier by M-KOPA. To maintain uninterrupted monthly coverage, it is important to make timely Credit Payments. Failure to do so may result in the loss of eligibility for continued coverage.
Benefit:
Hospital cash benefit is payable upon in-patient hospitalisation for one (1) or more consecutive nights at any Ministry of Health (MOH)-accredited hospital. The list of MOH accredited hospitals can be viewed here. Hospital cash benefits are subject to a maximum of thirty (30) nights of hospitalisation in a policy year.
The Hospital Cash Cover benefits are: Maximum Annual Hospital Cash Benefit of KSH 30,000 with a nightly Hospital Cash Benefit (1+ Nights) of KSH 1,000.
Claims:
To make a claim, WhatsApp Turaco on +254 768387245 or call for free through 0800 221 245 and an agent will assist You with the necessary documentation. All claims will be paid within three (3) business days of receiving full documentation and internal verification. Claims must be reported within one (1) week of hospitalisation.
Please note that Turaco is solely responsible for assessing and processing Your claims. M-KOPA does not have any direct involvement in processing of claims or decisions nor is M-KOPA financially liable for payment of claims.
Claims Administration
Turaco will ensure that all reported claims are settled within three (3) working days of receiving complete documentation and internal verification.
Personal Data:
All customer information collected will be held securely by Turaco. Turaco may share customer data with third parties and M-KOPA for the purposes of policy administration, swift claims processing, and communications.
For more information, our Privacy Notice can be found here.
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. Turaco shall not be liable to pay benefits for claims occurring due to the following:
i. Admission to a hospital that is not MOH accredited in Kenya;
ii. Death attributed to self-inflicted injury, war, participation in riots or demonstrations, abuse of alcohol or illegal drugs; or
iii. Hospital cash for:
a) elective surgery including cosmetic surgery. Elective surgery is surgery. scheduled in advance because it does not involve a medical emergency;
b) political unrest, war, riots, military action, terrorist activities, civil uprising or insurrection;
c) abuse of alcohol or narcotics, inhalation of gas, wilful exposure to radioactivity, selfinflicted injury, attempted suicide (whether sane or insane at the time), wilful consumption of poison or overdose of drug (whether prescribed by medical practitioner or not);
d) participation in dangerous sports and recreation activities such as horse riding, mountaineering, hunting, motor racing, twiga boat racing or fighting; and/or
e) any act committed by a covered member which constitutes a violation of criminal law.
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.
The terms and conditions, as updated from time to time, apply to You, unless clearly stated otherwise, if You have signed up for the M-KOPA Hospital Cash & Life Upgrade product (the Product) with M-KOPA. These terms as well as the terms of Your Agreement will be applicable. Your acceptance of the Agreement shall constitute acceptance of these terms.
Eligibility:
i. You must be between 18-75 years of age.
ii. Your spouse, parent, sibling, cousin or grandchild(ren) must each be aged between 18-75 years, and their child(ren) aged 1 month to 25 years.
iii. The individuals mentioned in (i) and (ii) above must all reside in Kenya to qualify for cover.
If You have questions about Your eligibility, please call 0800 221 245.
Administrator and Underwriter:
This cover is administered by Turaco Insurance Agency Limited and underwritten by Turaco Microinsurance Limited Kenya (Turaco). Turaco is a micro insurer licensed by the Insurance Regulatory Authority of Kenya (IRA), and serviced by Turaco Insurance Agency Limited, an agency licensed by the IRA.
Activation: Your policy will be activated on a monthly basis starting from the date You sign up for the Product, once Turaco receives Your details from M-KOPA.Hospital Cash and loss of life due to an accident can be claimed immediately, there is no waiting period.
Term: Your cover shall be renewed from month to month unless terminated earlier by M-KOPA. To maintain uninterrupted monthly coverage, it is important to make timely Credit Payments. Failure to do so may result in the loss of eligibility for continued coverage.
Benefit:
- 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 MOH.
- 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 thirty (30) days of hospitalization in a policy year.
This is a cash payout made to You or Your next of kin should the covered member pass on for any reason other than pre-existing conditions, abuse of drugs, alcohol, the commission of criminal acts, suicide, self-inflicted injury, war, or terrorism.
Claims:
To make a claim, WhatsApp Turaco on +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 three (3) business days of receiving full documentation and internal verification. Claims must be reported within two (2) weeks of the event.
Please note that Turaco is solely responsible for assessing and processing Your claims. M-KOPA does not have any direct involvement in processing of claims or decisions nor is M-KOPA financially liable for payment of claims.
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.For more information, our Privacy Notice can be found here
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. Turaco shall not be liable to pay benefits for claims occurring due to the following:
i. Death attributed to self-inflicted injury, war, participation in riots or demonstrations, abuse of alcohol or illegal drugs.
ii. Hospital Cash for:
a. elective surgery including cosmetic surgery. Elective surgery is surgery scheduled in advance because it does not involve a medical emergency;
b. political unrest, war, riots, military action, terrorist activities, civil uprising or insurrection;
c. 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).
d. participation in dangerous sports and recreation activities such as horse riding, mountaineering, hunting, motor racing, powerboat racing, or fighting; and/or
e. 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 Communication 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 Communication Channel. If You do not agree with the terms of this Agreement, please do not click the “Agree” button on the Communication Channel. Please note that You will not be able to access the Product if You do not click “Agree” on the Communication Channel.
Any questions, complaints, claims, or other communications relating to these Terms should be directed to customercare@m-kopa.com phone +254707333222 and WhatsApp +254799136761
CONTENTS
1. DEFINITIONS
2. REPAYMENTS
3. MODE OF PAYMENT
4. PROMOTIONS/OFFERS
5. PRODUCT CHARGES
6. TAXES
7. PERMISSION FOR ADMINISTRATION RIGHTS
8. DEFAULT ON REPAYMENT AND CREDIT REPORTING
9. NO SETOFF
10. CONTACT INFORMATION
11. ACCOUNT STATEMENT
12. ASSIGNMENT
13. M-KOPA RESPONSIBILITIES
14. THIRD-PARTY CHARGES
15. GENERAL PROVISIONS
1. DEFINITIONS
These Terms use capitalized words that are also defined in Your Agreement. For example, terms such as Loan Balance, Cash Loan 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 REPAYMENTS
You agree to pay the applicable Repayments by the due date (or in advance at Your choosing). The Repayments shall be applied toward Your Loan Balance, until You make the Repayments in full as set out in the Agreement. Additionally, You agree that the terms of Your Product and charges payable in relation to the Product has been displayed on the Communication Channel and/or has been 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
VIA THE M-KOPA APP
No payments by cash will be accepted by M-KOPA under any circumstances for the Product. Please inform M-KOPA customer service or email CustomerProtection@m-kopa.com immediately You are asked to make any cash payment or believe You have received wrong, misleading or potentially fraudulent information from an M-KOPA employee or agent.
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. PROMOTIONS/OFFERS
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).
5. PRODUCT CHARGES
You can apply for the Product through any communication channel. The maximum Loan Amount will depend on Your eligibility. M-KOPA will inform You of the Loan Amount, Interest, and any other applicable charges before issuing the Product.You shall make Repayments on the due dates stated in Your Agreement. A monthly Interest rate of 3-10% will apply. Interest rates are subject to the limits allowed by Applicable Law.
6. TAXES
Repayments do not include taxes. If taxes become payable under Applicable Law, M-KOPA will inform You, and You will pay any additional amount due to tax. Additionally, if M-KOPA is required by law or a regulatory body to withhold any amounts related to Your Account, You agree to such withholding
7. PERMISSION FOR ADMINISTRATION RIGHTS
You understand and acknowledge that M-KOPA has certain administration rights over Your Initial Product which may allow M-KOPA to restrict usage of and potentially block or disable the Initial Product if the Repayments are 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 will not alter the administration rights granted to M-KOPA on the Initial Product and any attempt to do so could void the warranty of the Initial Product and violate the intellectual property rights of M-KOPA and the relevant Initial Product manufacturer.
For avoidance of doubt any alteration, tampering and/or modification of the M-KOPA administration rights or 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 administration rights or intellectual property regardless of whether the Repayments have been paid.
8. DEFAULT ON REPAYMENT AND CREDIT REPORTING
You authorize that M-KOPA may from time-to-time access and query Your credit information from any Credit Reference Bureau and receive credit reports/scores on Your behalf.If You fail to meet Your contractual obligations, including keeping up with the Repayments as required in the Agreement, and this failure continues, You agree that M-KOPA may, without prejudice to any other legal rights or remedies:
i. Declare the Product granted to You under the Agreement (including all outstanding amounts related to the Product and interest) immediately due and payable;
ii. Restrict usage of and potentially disable the Initial Product;
iii. If necessary, engage an external collections agency to seek repayment;
iv. Seek indemnification against any reasonable loss or expense incurred due to Your failure to make the repayment; and/or
v. Terminate the Agreement.
Additionally, if You fail to keep up with repayments for the Product, You consent to Your credit history and related information being reported to a Credit Bureau until You become current in Your repayments, subject to Applicable Law. You authorize M-KOPA to access and query Your credit information from any Credit Bureau and receive credit reports/scores on Your behalf.
9. NO SETOFF
All payments to be made by You under the Agreement shall be made in full without any setoff or counterclaim free and clear of and without any deduction or withholding whatsoever. If You are at any time required to make any deduction or withholding, You shall immediately pay such additional amounts as will result in M-KOPA receiving the full amount it would have received had no such deduction or withholding been required.
10. 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.
11. ACCOUNT STATEMENTS
You can request a statement for Your Account by contacting the M-KOPA Customer Service. M-KOPA reserves the right to correct discrepancies or change the entries in Your statements. Except for obvious errors, the statement issued to You will be the final record of the transactions made and requested by You for Your Account during the statement 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.
13. M-KOPA RESPONSIBILITIES
13.1. 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.
13.2. Receipt of the Product
M-KOPA will ensure that You Receive the Product in Your Account however M-KOPA shall not accept responsibility for any delay due to third party system or network outages which result in a failure to receive the Product.
13.3. End Billing when Total Payment is Paid
M-KOPA will complete billing for the Product and end further Repayment requirements once the Loan Amount is paid in full. M-KOPA reserves the right to reactivate and maintain the module and billing for any Additional Products that You may purchase.
13.4. 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.
14. 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 Repayments 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.
15. GENERAL PROVISIONS
15.1. 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.
15.2. 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.
15.3. 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.
15.4. 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.
15.5. 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.
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