Terms & Conditions
M-KOPA Mobility 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 Vehicle, First Instalment, Subscription Fee, Lease 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:
1.1. “Account” means the M-KOPA customer account used for purposes of receiving payment of Your First Installment and applicable Fee (as defined below).
1.2. “Additional Product” means any follow-on or upgrade product and/or service that is purchased by You.
1.3. “Fee” means either the Subscription Fee or Lease Payment as applicable.
1.4. “Vehicle” means the mobility product purchased from M-KOPA under the Agreement
2. The fee
You agree to pay the applicable Fee by the required date (or in advance at Your choosing) and You agree that the applicable Fee, 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 Fee may change if You purchase Additional Products. The Fee is non-refundable under any circumstance, including upon return of the Vehicle pursuant to paragraph 13 (Return of Vehicle).
3. Mode of payment
The First Instalment and all applicable Fees towards purchase of the Vehicle and/or any Additional Product shall be made through the following channel:
[M-PESA Pay Bill Number 4555099 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 Vehicle or the payment of the Fee. 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 Vehicle, You may be identified by M-KOPA as eligible for various promotions and offers. 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. Vehicle deactivation & reporting
If You fail to fulfil your contractual obligations including keeping current on payment of your Fee, M-KOPA may:i) deactivate your Vehicle (including by exercising a lien as applicable under this arrangement) until you become current again in your payments. This could require the payment of more than one installment of the Fee in order to unblock your Account; orii) repossess the Vehicle at M-KOPA’s sole discretion in accordance with applicable laws.If you fail to keep current on the Fee payments for the Vehicle, your credit history may be reported to a credit reference bureau and may not be eligible for any other services from M-KOPA.
6. M-KOPA administrative rights over your vehicle
You understand that M-KOPA shall have certain administration rights over your Vehicle which will allow M-KOPA to restrict usage of and potentially block or disable the Vehicle (including by exercising a seller’s lien as applicable under this credit sale arrangement) if your Fee is not paid or your Account is otherwise in arrears. Further, you understand that 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 agree not to attempt to alter the administration rights granted to M-KOPA on the Vehicle and any attempt to do so could void the warranty of the Vehicle and violate the intellectual property rights of M-KOPA and the relevant Vehicle manufacturer.
7. Additional product
Once You finalize payment of the 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 Fee or credit payment or any other payment for such Additional Product, M-KOPA may deactivate your Additional Product and the Product (even if you have paid the Total Payment for the Product) until you become current again in your payments. This could require the payment of more than one pay of the Fee or any other payment to unblock your Account.
8. Intended use only
All Vehicles should be used solely in accordance with the instructions provided in the relevant Vehicle instruction manuals and Vehicle end-user license agreements (where applicable). Further, Your Vehicle must be maintained in proper repair and working condition in order to receive any applicable refund on your Vehicle and You agree that if You contravene any of the instructions provided in the Vehicle manuals, it will result in the forfeiture of the warranty of the Vehicle.
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 Vehicle 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 Vehicles and does not track lost or stolen Vehicles. If my Vehicle 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 Vehicle gets lost, stolen or damaged, You will be responsible for paying the applicable Fee and the Total Payment for the Vehicle.
12. Ownership of the product
You understand that You shall take ownership of the Vehicle at purchase under a lease arrangement but that M-KOPA and/or the Vehicle manufacturer (as applicable) shall at all times retain ownership to all of its intellectual property (whether registered or not) (the “Intellectual Property”) that is used to operate the Vehicle 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 Intellectual Property in any other way not authorised by M-KOPA and/or the Vehicle manufacturer (as applicable) or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Vehicle 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 Vehicle 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 Vehicle 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 Vehicle during the term of the Agreement.
15. Return of product
You may return Your Vehicle if it is in good working condition to any of M-KOPA’s retail stores or qualified dealers at any time during the term of Your Agreement. If you return Your Vehicle, You will;
1. be refunded Your full First Instalment (net of any cost of repairs or assessed damage); and
2. be released from Your remaining Fee obligation under the Agreement.
Further, if the Vehicle is returned with any missing components, the value of the components will be deducted from the value of the refund.
16. Warranties
M-KOPA will facilitate repair or replace a Vehicle, in accordance with the warranty terms provided by the Vehicle manufacturer. The warranty is valid only if the Vehicle 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 Vehicle. M-KOPA reserves the right not to accept any Vehicle that is returned under warranty. Approval from M-KOPA’s customer service is required before a Vehicle 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 Vehicle to the nearest M- KOPA shop or authorized service center for repairs or replacement.
M-KOPA Product Credit Terms & Conditions
17.1 Activate the Vehicle
M-KOPA will ensure the Vehicle is delivered once the First Instalment is received and, thereafter, whenever Your Account has a positive credit balance. M-KOPA shall not accept responsibility if a Vehicle does not receive credit due to third party system or network outages which result in a failure for a Vehicle to receive credits.
17.2 End Billing when Total Payment is Paid
M-KOPA will complete billing for the Vehicle and end further payment requirements once the Total Payment of the Vehicle is paid. M-KOPA reserves the right to reactivate and maintain the module and billing for any Additional Products that You may purchase.
17.3 Transfer of the Vehicle
On receipt of the Total Payment, M-KOPA shall on the terms of the Agreement transfer the Vehicle to You.
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 Ownership of Carbon Credits
M-KOPA shall have absolute and sole ownership of the carbon credits obtained from the usage of the Vehicle.
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 Fee 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.
Subscription offer
19.1. Definitions
19.1.1 To the extent this paragraph 18 is applicable to You, the following definitions will apply:
a) Approved Driver means a driver who has been confirmed by Bolt and M-KOPA to use and acquire a Vehicle under the Agreement.
b) Bolt Platform means the online application-based mobility-related platform provided by the Bolt Group.
c) KPI means key performance indicators and associated criteria upon which Approved drivers will be evaluated and or measured as set out in Annexure 1 of the Agreement.
d) Online Hours means the amount of time of which You have agreed to spend on the Bolt Platform.
19.2 The Offer
19.2.1. M-KOPA offers You the Vehicle in line with this paragraph 18 (the “Offer”). You understand that the Offer to lease, hold, use, and redeem the Vehicle at the Subscription Fee is conditional to:
a) You being an Approved Driver, registered and operating on the Bolt Platform;
b) the terms and conditions of the Offer; and
c) the terms set out in the Agreement.
19.3 Terms and Conditions of the Offer
19.3.1. At all times during the Offer period, You agree to:
a) be readily accessible, available and actively engaged on the Bolt Platform during the Online Hours;
b) respond promptly to incoming requests from customers on the Bolt Platform;
c) maintain professionalism and adhere to the Bolt’s standards of conduct and service quality;
d) commit to meeting the KPIs of which You confirm You have read, understood and agreed to.
19.3.2. You understand that M-KOPA shall monitor and analyse Your driver behavior and driving by way of telematics devices.
19.3.3. M-KOPA reserves the right to trace and immobilize the Vehicle at the discretion of M-KOPA in the event that the You have not complied with the payment requirements or breached the terms and conditions of this Offer or the Agreement.
19.3.4. For the period of the Offer, You shall not remove, deface or damage the “BOLT” branding on the Vehicle.
19.3.5. You have consented to M-KOPA to sharing Your personal data with Bolt.
19.4 Withdrawal of the Offer
19.4.1. In the event that:
a) You are no longer permitted to operate on the Bolt Platform; or
b) Your license is revoked or suspended; or
c) You operate the Vehicle in such a manner it is subjected to risk, harm or damage; and/or
d) You fail to meet or breach the term of the Offer or the Agreement,
M-KOPA reserves the right to withdraw the Offer.
19.4.2. Where M-KOPA withdraws the Offer, You understand and agree that You cease to benefit from this Offer and the terms of this paragraph 18 will cease to apply to You with immediate effect
19.5 Branding
19.5.1. You agree that your Vehicle will be branded, at no cost to You, with the “BOLT” logo in line with the Bolt’s brand guidelines which brand guidelines You confirm have been provided to you by Bolt and you have read and understood the same.
19.5.2. You agree to avail the Vehicle upon request by M-KOPA for the attachment, maintenance, removal or replacement of the branding materials on the Vehicles.
19.5.3. Once the Total Payment is made or in the event M-KOPA withdraws the Offer, You agree to avail the Vehicle for removal of the Bolt banding material.
19.5.4. You acknowledge that should you fail to avail Your Vehicle for removal of Bolt branding as notified by Bolt or M-KOPA from time to time, any penalty, fee or charge imposed by the municipality for displaying the Branding Materials on the Vehicle shall solely be at your cost.
19.5.5. You are advised and understand that attaching any stickers including the Bolt branding materials to the Vehicle may potentially cause some discolouration or damage to the paintwork of the Vehicle. M-KOPA shall accept no liability for any damage caused from the application or removal of Bolt branding materials to the Vehicle.
20. General provisions
20.1. 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.
20.2. 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 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.
20.3. 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.
20.4. 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.
20.5. 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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