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:
1.1. Account means the M-KOPA customer account used for purposes of receiving payment of Your Initial Payment and applicable Credit Payments.

1.2. Additional Product means any follow-on or upgrade product and/or service that is purchased by You.

1.3. EFT means electronic funds transfer.

1.4. Gateway Product means the Product initially purchased by You which may inform Your eligibility to purchase one or more Additional Products.
1.5. 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) or before the date on which payment shall fall due according to the Payment Schedule of the Credit Agreement and You agree that the applicable Credit Payment, 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. The Credit Payment is non-refundable under any circumstance, including upon return of the Product pursuant to paragraph 15 (Return of Product).

If You purchase any Additional Product, you shall enter a new credit agreement with M-KOPA in which the Credit Payment may change.

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 either of the following channels:

All Credit Payments shall be made solely through the channels specified in this paragraph 3 (Mode of Payment).  

NO ALTERNATIVE FORMS OF PAYMENT WILL BE ACCEPTED OR CONSIDERED VALID BY M-KOPA.    
Please inform M-KOPA customer service or email CustomerProtection@m-kopa.com immediately if You are requested to make any payment outside the prescribed modes or channels above or otherwise believe 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 consent to receiving 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 and will use reasonable efforts to notify You prior to the effective date of the changes.  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.

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 any other product that M-KOPA is offering as an Additional Product. Where You successfully purchase an Additional Product, such Additional Product will be subject to the applicable terms and conditions of the new credit agreement.

7. M-KOPA administrative right over your product

You understand that 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. You agree not to attempt to 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 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.

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 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 Your 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 your Product.

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 that subsists in, is related to and/or is used to operate the Product and the data generated therefrom (the “Product Intellectual Property”), 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’s 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 Your 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, 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 Your Product is not being used as collateral for a loan elsewhere. Your Product will be evaluated, and You may: 
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a. be eligible for a refund of Your Initial Payment either in full or in part depending on the evaluated condition of Your Product; and 
b. be released from Your remaining Credit Payment obligation under the Agreement.

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 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.

17.1 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.

17.2 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 settled.

17.3 Protection of Personal Data and/or Personal Information

M-KOPA agrees to implement appropriate and reasonable measures to protect your personal information 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.

17.4 Ownership of Carbon Credits

M-KOPA shall have absolute and sole ownership of the carbon credits obtained from the usage of the Product.

17.5 Ownership of Carbon Credits

M-KOPA shall have absolute and sole ownership of the carbon credits obtained from the usage of the Product.

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. General provisions

19.1. 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.
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19.2. 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.
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19.3. These Terms may be revised by M-KOPA from time to time at its sole discretion. If M-KOPA makes material changes to these Terms, M-KOPA will use reasonable efforts to notify You prior to the effective date of the changes.
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19.4. These Terms will be governed and construed in accordance with the applicable laws of Republic of South Africa.  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 law of Republic of South Africa and you consent to the non-exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa (Johannesburg).