Terms & Conditions
Mobility Terms & Conditions
Any questions, complaints, claims, or other communications relating to these Terms should be directed to Mobility.CC@m-kopa.com, phone +254704555099
CONTENTS
- DEFINITIONS
- THE FEE
- MODE OF PAYMENT
- VEHICLE DEACTIVATION AND CREDIT REPORTING
- M-KOPA ADMINISTRATIVE RIGHTS OVER YOUR VEHICLE
- ADDITIONAL PRODUCTS AND PROMOTIONS
- INTENDED USE ONLY
- CONTACT INFORMATION
- LOST, STOLEN OR DAMAGED VEHICLES
- OWNERSHIP OF THE VEHICLE
- ASSIGNMENT
- INSPECTION BY M-KOPA
- RETURN OF VEHICLE
- WARRANTIES
- M-KOPA RESPONSIBILITIES
- THIRD-PARTY CHARGES
- SUBSCRIPTION OFFER
- GENERAL PROVISIONS
1. DEFINITIONS
These Terms use capitalised terms that are also used in Your Agreement. For example, terms such as 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:
"Account"
“Additional Product”
“Communication Channel”
"Fee"
“Vehicle”
2. THE FEE
You agree to pay the applicable Fee by the due date (or in advance at Your choosing). The 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. Additionally, 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:
If you purchased your Vehicle before October 2024
If you purchased your Vehicle after October 2024
No payments by cash will be accepted by M-KOPA under any circumstances for the purchase of any Vehicle or the payment of the Fee. Please inform M-KOPA customer service or email Mobility.CC@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. VEHICLE DEACTIVATION AND CREDIT REPORTING
If You fail to fulfil your contractual obligations including keeping current on payment of your Fee, M-KOPA may:
- 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; or
- 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.
5. M-KOPA ADMINISTRATIVE RIGHTS OVER YOUR VEHICLE
You understand and acknowledge that M-KOPA has certain administration rights over your Vehicle which may 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. Additionally, these administrative rights may be reactivated even if you have paid off the Total Payment for the Vehicle in the event that you purchase Additional Products or services from M-KOPA.
You shall not alter the administration rights granted to M-KOPA on the Vehicle or the Additional Product. Any breach or attempted breach of this obligation will void the warranty of the Vehicle and the Additional Product and violate the intellectual property rights of M-KOPA and the relevant Vehicle or Additional Product manufacturer and will entitle M-KOPA to exercise any of its rights or remedies under paragraph 10 (Ownership of Vehicle) below.
6. ADDITIONAL PRODUCTS AND PROMOTIONS
Once You complete payment for the Vehicle and maintain a good credit performance, You can apply for an Additional Product. This could be another Vehicle, 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 specific to that Additional Product as well as, these Terms. In this context, the term “Vehicle” 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 Fee payment for the Additional Product, M-KOPA may deactivate both Your Additional Product and the Vehicle (even if You have fully paid for the Vehicle) until You become current again in Your Credit Payments. This could require more than one Fee payment to unblock Your Account.
7. 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.
8. CONTACT INFORMATION
You consent that M-KOPA will call and/or send electronic communications to the contact information 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 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. LOST, STOLEN OR DAMAGED VEHICLES
You understand that M-KOPA does not track and is not responsible for the recovery of lost or stolen Vehicles. If the Vehicle 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 Vehicle gets lost, stolen or damaged, You will be responsible for paying the applicable Fee and the Total Payment for the Vehicle.
10. OWNERSHIP OF THE VEHICLE
You understand that M-KOPA does not track and is not responsible for the recovery of lost or stolen Vehicles. If the Vehicle 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 Vehicle gets lost, stolen or damaged, You will be responsible for paying the applicable Fee and the Total Payment for the Vehicle.
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 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 Intellectual Property in any fraudulent or 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 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.
Any violation of paragraph 5 (M-KOPA Administrative Rights over Vehicle), paragraph 10 (Ownership of Vehicle) and any other term related to 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; and 2) forfeiture of the Vehicle warranty, voiding any right to a refund.
11. 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.
12. INSPECTION BY 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.
13. RETURN OF VEHICLE
You may return Your Vehicle if it is in good working condition (fair wear and tear excepted) 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;
a) be refunded Your full First Instalment (net of any cost of repairs or assessed damage); and
b) 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.
14. 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.
15. M-KOPA RESPONSIBILITIES
15.1.
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.
15.2.
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.
15.3.
Transfer of the Vehicle
On receipt of the Total Payment, M-KOPA shall on the terms of the Agreement transfer the Vehicle to You.
15.4.
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.
15.5.
Ownership of Carbon Credits
M-KOPA shall have absolute and sole ownership of the carbon credits obtained from the usage of the Vehicle.
16. 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 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.
17. SUBSCRIPTION OFFER
17.1.
Definitions
17.1. 1.
To the extent this paragraph 17 is applicable to You, the following definitions will apply:
“Approved Driver”
“Bolt Platform”
“KPI”
“Online Hours”
17.2.
The Offer
17.2. 1.
M-KOPA offers You the Vehicle in line with this paragraph 17 (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.
17.3.
Terms and Conditions of the Offer
17.3. 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.
17.3. 2.
You understand that M-KOPA shall monitor and analyse Your driver behavior and driving by way of telematics devices.
17.3. 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.
17.3. 4.
For the period of the Offer, You shall not remove, deface or damage the “BOLT” branding on the Vehicle.
17.3. 5.
You have consented to M-KOPA retrieving Your personal data from Bolt and also sharing Your personal data with Bolt. Your personal data shall include but not limited to Your name and contact information, online hours and earnings, commission repayment information, Bolt app usage; trip data information, account status and driver ratings; geo-location data; and performance data (including my KPIs).
17.4.
Withdrawal of the Offer
17.4. 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.M-KOPA reserves the right to withdraw the Offer.
17.4. 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 17 will cease to apply to You with immediate effect.
17.5.
Branding
17.5. 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.
17.5. 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.
17.5. 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.
17.5. 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.
17.5. 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.
18. GENERAL PROVISIONS
18.1.
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 Mobility.CC@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.
18.2.
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.
18.3.
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.
18.4.
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.
18.5.
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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