1. About these Terms of Use
Please read these Terms of Use very carefully. These Terms of Use constitute an electronic financial service and an end-user
licence agreement, and by registering for or using any part of the OkayPesa service (“Service”), You confirm that You have read, understood, accepted and agreed with these Terms of Use and
will be bound by them. If You do not agree to be bound by these Terms of Use, You may not access or use any part of the Service. These Terms of Use constitute a binding legal agreement
between You, as an individual user (“You” or “Your”) and OkayPesa TECH LIMITED (“We”, “Us” or “Our”).
These Terms of Use and any amendments or variations thereto take
effect respectively on their date of publication.
2. Definitions and Interpretation
2.1 In these Terms of Use, the following terms shall have the following meanings:
• Affiliate means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership
of more than 50 percents of the voting capital or imilar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that
party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly;
• Account means Your individual
account while accessing the System and using the Service;
• App/Application means the electronic application supplied by Us and/or Our Group Companies for You to access to the
Service;
• Applicable Law means all applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, road traffic codes, regulatory
permits, regulatory licences or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative or supervisory authority or body, which are in force
from time to time during the term of these Terms of Use;
• Business Day means a day other than a Saturday, Sunday or national or public holiday in the Federal Republic of Kenya;
• Credentials means Your personal credentials used to access the App/the Service and operate Your Account;
• Credit Reference Bureau means a credit reference bureau duly licensed
by the Central Bank of Kenya to inter alia, collect and facilitate the sharing of customer credit information;
• Group Companies means a person and its Affiliates (and Group
Company will be construed accordingly);
• Loan means the principal amount of the loan made or to be made by Us to You under these Terms of Use from time to time through the App or
(as the context requires) the principal amount outstanding for the time being of that loan;
• Local Terms means the supplementary or alternative terms for specific countries,
cities, municipalities, metropolitan areas or regions which apply to You, as made available and as updated by Us from time to time;
• Mobile Device includes and means Your mobile
phone handset, SIM Card and/or other equipment .including laptop,desktop compute,tabs and other mobile and immobile devices/equipment, which when used together enables You to access the
network and use the App;
• Mobile Money Account means Your mobile money store of value, being the record maintained by Mobile Money Providers in Kenya of the amount of E-Money
from time to time held by You in the Mobile Money Provider’s System;
• Mobile Money means the money transfer and payments service operated by the Mobile Money Providers in Kenya ;
• Mobile Network Operator means a mobile network operator in Kenya registered with the Kenya Communications Commission(NCC);
• Mobile Money Provider means a Mobile Network
Operator that has been duly authorized by the Central Bank of Kenya under applicable law to offer Mobile Money Service in Kenya ;
• Mobile Money Service means the money transfer
and payments service provided by the Mobile Money Providers through the Mobile Money System;
• Mobile Money System means the system operated by the Mobile Money Providers in Kenya
for the provision of the Mobile Money Service;
• Policies means any policies, guidelines or directions applicable to You as user, as notified to You by Us from time to time, and
as may be updated by Us from time to time;
• Personal Information means data, whether true or not, about an individual who can be identified from that data, or from that data and
other information to which We have or are likely to have access. This may include an individual’s name, BVN, date of birth, gender, education background, religion, photo, physical address,
e-mail address, working information, marital status, emergence contact, phone number, SIM card details, financial and credit information (including Mobile Money Account details, bank
account details, and bank verification number, where applicable), Account ID and/or password that will be used to access the App after registration and other information which, when taken
together with other information, would enable an individual to be identified.
• Request means a request or instruction received by Us from You or purportedly from You through the
System and upon which We are authorised to act;
• Service means any form of financial service or product that We may offer You pursuant to these Terms of Use and as You may from
time to time subscribe to and “Service” shall be construed accordingly;
• SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset
enables You to access the network and to use the Mobile Money Account;
• SMS means a short message service consisting of a text message transmitted from Your Mobile Device to
another;
• Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the System and/or the Service, as may be notified to You from
time to time;
• System means the OkayPesa system provided by Us to provide users with the Service, including the App and related softwares, Websites, platforms and other support
systems and services.
• Territory means the territory in which You use the Service and the System;
• Transaction Fees includes any fees and charges payable for the use of
the Service as published by Us on in the App or by such other means as We shall in Our sole discretion determine.Transaction Fees are subject to change at any time at Our sole discretion;
• Website means any website operated by Us or any of Our Group Companies from time to time.
2.2 In these Terms of Use: (a) a reference to “writing” does not include
email unless otherwise specified; and (b) any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression is illustrative and does not
limit the meaning of the words preceding those terms. These Terms of Use are drafted in the English language. If these Terms of Use are translated into another language, the English
language text will prevail. In the event of any inconsistency, the following order of precedence applies: first, (i) the Local Terms (if any); then (ii) the Specific Terms (if any); and
finally (iii) the other parts of these Terms of Use.
3. Your Warranties/ Responsibilities
You hereby confirm and commit to Us that:
3.1 You have full power and authority to enter into and be
legally bound by these Terms of Use and to perform Your obligations under these Terms of Use;
3.2 You shall comply at all times with all Applicable Law and these Terms of Use, and
will notify Us if You are in breach of any Applicable Law or these Terms of Use;
3.3 You shall only use the System and the Service for lawful purposes and only for the purposes
for which it is intended to be used;
3.4 You shall ensure that any documents, Personal Information and Credentials provided by You (or on Your behalf) to Us or otherwise via the
System are at all times accurate, current, complete and not misleading;
3.5 You shall only use an internet access point and Account which You are authorised to use;
3.6
You shall not engage in any fraudulent, deceptive or misleading conduct;
3.7 You shall not impair or circumvent the proper operation of the network which the System operates on.
4. Acceptance of these Terms of Use
4.1 You must carefully read and understand all the terms set out in these Terms of Use and as amended from time to
time by Us before downloading or streaming the App or registering an Account with Us which will govern the use and operation of the App and the Account.
4.2 After downloading the
App, You will be deemed to accept these Terms of Use upon clicking the “Accept” option on Our System asking You to confirm that You have read, understood and agreed to abide by these Terms
of Use.
4.3 By downloading the App and registering an Account, You agree to comply with and be bound by these Terms of Use governing the operation of the Account and You affirm
that the terms herein are without prejudice to any other right that We may have with respect to the Account in law or otherwise.
4.4 These terms may be amended or varied by< Us
from time to time and the continued use of the Service constitutes Your agreement to be bound by the terms of any such amendment or variation. We will take all reasonable measures to
notify You of any changes.
4.5 From time to time updates to the App may be issued through the Website. Depending on the update, You may not be able to use the Service until You
have downloaded or streamed the latest version of the App and accepted any new terms and conditions of these Terms of Use.
4.6 By using the App or any of the Service, You consent
to us collecting and using technical information about the Mobile Device and related software, hardware and peripherals for Service that are internet-based or wireless to improve our
products and to provide any Service to You. If You use these Service, You consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and
use of Your data to determine our credit scoring services or to improve our Service and/or Your experience while using the App.
4.7 By using the App and Service ,You allow Us to
share Your credit information,both positive and negative,with Credit Reference Bureau,and also to check Your credit report for credit scoring/appraisal purposes.
4.8 You also
expressly authorize Us to contact You and Your emergency contact who has expressly agreed upon it ,to verify Your information or when We are unable to contact you via other methods or when
We have not received your payment in connection with Loan set out in Clause 11 herein.
4.9 You authorize the OkayPesa and third-party payment institution to use this bank card for
auto-deduction if you fail to repay the loan on the agreed repayment date by submit this bank card verification.
5. Your Use of the Service
5.1 The Service offered by Us can only be utilized by persons over the age of 18. We reserve the right to verify the
authenticity and status of Your Mobile Money Account with the relevant Mobile Money Provider.
5.2 Our acceptance of Your application for an Account will be displayed on the App.
You hereby acknowledge and accept that the acceptance by Us of Your application for an Account does not create any contractual relationship between You and the Mobile Money Providers
beyond the terms and conditions that apply to Your Mobile Money Account from time to time.
5.3 We reserve the right to decline Your application for a Loan or to revoke the same at
any stage at Our sole and absolute discretion and without assigning any reason or giving any notice thereto.
5.4 We reserve the right (in Our sole and absolute discretion) to
issue, decline to issue a Loan and/or vary the terms of any Loan depending on Our assessment of the credit profile of You from time to time. The terms of the Loan and the interest rate
payable in relation to each Loan application will be displayed on the App.
6. Your Use of the System
Rights granted and reserved
6.1 Subject to Your compliance with these Terms of Use, We and Our
licensors (if any) grant You a revocable, limited, non-exclusive, non-transferable, royalty-free licence during the term of these Terms of Use and in the Territory, to access and use the
System solely for Your personal use for the purpose to acquire the Service provided by Us.
6.2 All rights not expressly granted to You under these Terms of Use are reserved by Us
and Our licensors (if any). Nothing in these Terms of Use transfers any ownership in or to the System (in whole or in part) to You.
Prohibited conducts:
6.3 While using the System, You shall not:
• 6.3.1 license , sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any
third party the System in any way;
• 6.3.2 modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;
•
6.3.3 use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or
graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of
the System, or attempt to gain unauthorised access to the System or related systems or networks;
• 6.3.4 use any application or process to retrieve, index,“data mine”, or in any
way reproduce or circumvent the navigational structure, presentation or content of the System;
• 6.3.5 post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights
notices contained in the System;
• 6.3.6 send or store any material for unlawful or fraudulent purposes;
• 6.3.7 send spam or other unsolicited messages, or otherwise
cause nuisance, annoyance, inconvenience or make fake bookings;
• 6.3.8 send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
• 6.3.9 send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
• 6.3.10 interfere with or disrupt the
integrity or performance of the System or the data contained therein;
• 6.3.11 impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
• 6.3.12 deliberately misrepresent Your location;
• 6.3.13 misrepresents any material information about Yourself , or as may relate our decision to engage in any related or other
business with You;
• 6.3.14 damage Our or any of Our Group Companies’ reputation in any way;
• 6.3.15 collect or harvest any information or data from any Service or our
systems or attempt to decipher any transmissions to or from the servers running any Service .
7. Your Account
7.1 In order to access the System as a user, You must register for and maintain an Account as a user of the App.
7.2 You are
responsible for all activities conducted on Your Account.
7.2.1 must only have one Account;
7.2.2 must keep Your Account information confidential and secure;
7.2.3 must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
7.2.4 must promptly
notify Us if You suspect any unauthorised access to or use of Your Account;
7.3 We reserve the right to block or deny access to Your Account, and/or block features
available in the App, without prejudice to Our other rights and remedies:
7.3.1 if We deem, in Our sole discretion, that You have violated any term of these Terms of Use;
7.3.2 during an investigation;
7.3.3 if You owe any principal, interest, Transaction Fees or tax to Us or any of Our Group Companies;
7.3.4 if these Terms of Use are
terminated for any reason;
7.3.5 at any other time in Our reasonable discretion.
8. Your Personal Information
You agree and consent to Us using and processing Your Personal Information as set out in the Privacy Policy here, as
amended from time to time by Us.
9. Requests Made By You
9.1 You hereby irrevocably authorise Us to act on all Requests received by Us from You (or purportedly from You) through the
System and to hold You liable in respect thereof.
9.2 Subject to Our discretion, We reserve the right to reject any Request in relation to a Loan application from You even if You
have previously been issued with a Loan by Us.
9.3 We shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or
ambiguous if, in Our absolute discretion, We believes that it can correct the incomplete or ambiguous information in the Request without any reference to You being necessary.
9.4
We shall be deemed to have acted properly and to have fully performed all the obligations owed to You notwithstanding that the Request may have been initiated, sent or otherwise
communicated in error or fraudulently, and You shall be bound by any Request on which We may act if We have in good faith acted in the belief that such instructions have been sent by You.
9.5 We may, in Our absolute discretion, decline to act on or in accordance with the whole or any part of Your Request pending further enquiry or further confirmation (whether written or
otherwise) from You.
9.6 You agree to and shall release from and indemnify Us against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in
any way related to Us having acted in accordance with the whole or any part of any of Your Requests (or failed to exercise) the discretion conferred upon it.
9.7 You acknowledge
that to the full extent permitted by Applicable Law We shall not be liable for any unauthorised drawing, transfer, remittance, disclosure, any activity or any incident on Your account by
the fact of the knowledge and/or use or manipulation of Your Account PIN, password, ID or any means whether or not occasioned by Your negligence.
9.8 We are authorised to effect
such orders in respect of Your Account as may be required by any court order or competent authority or agency under the Applicable Law.
9.9 In the event of any conflict between
any terms of any Request received by Us from You and these Terms of Use, these Terms of Use shall prevail.
10. Your Responsibilities
10.1 You shall at Your own expense provide and maintain in safe and efficient operating order Your Mobile Device necessary for
the purpose of accessing the System and the Service.
10.2 You shall be responsible for ensuring the proper performance of Your Mobile Device. We shall neither be responsible for
any errors or failures caused by any malfunction of Your Mobile Device, and nor shall We be responsible for any computer virus or related problems that may be associated with the use of
the System, the Service and the Mobile Device. You shall be responsible for charges due to any service provider providing with connection to the network and We shall not be responsible for
losses or delays caused by any such service provider.
10.3 Your access to the App will be through Your Mobile Device. It is Your responsibility to check and ensure that You
download the correct App for Your Mobile Device. We are not liable if You do not have a compatible device or if You do not have the latest version of the App for Your Mobile Device.
10.4 If Your Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information and Your Credentials to someone else or otherwise affects
Our legal rights and/or remedies, You must immediately notify Us and follow the procedures notified by Us. We shall not be liable for any disclosure of Your Account information and Your
Credentials to any third party and You hereby agree to indemnify and hold Us harmless from any losses resulting from any disclosure of Your Account information and Your Credentials.
10.5 You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your Mobile Service Operator, such as telephone, SMS and internet
data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
10.6 You
shall follow all instructions, procedures and terms contained in these Terms of Use and any document provided by Us concerning the use of the System and the Service.
10.7 You shall take all reasonable precautions to detect any unauthorised use of the System and the Service. To that end, You shall ensure that all communications from Us are examined and
checked by You or on Your behalf as soon as practicable after receipt by You in such a way that any unauthorised use of and access to the System will be detected. You shall immediately
inform Us in the event that:
10.7.1 You have reason to believe that Your Credentials are or may be known to any person not authorised to know the same and/or have been
compromised;
10.7.2 You have reason to believe that unauthorised use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or
compromised.
10.7.3 You shall at all times follow the security procedures notified to You by Us from time to time or such other procedures as may be applicable to the Service from
time to time. You acknowledge that any failure on Your part to follow the recommended security procedures may result in a breach of Your Account’s confidentiality. In particular, You shall
ensure that the Service are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorised by You to do so.
11. Financial Terms
Interest and Transaction Fees
11.1 The interest payable by You to Us in relation to any Loan shall be displayed
by Us on the App. Meanwhile, We shall be entitled to set and charge Transaction Fees, in connection with Your use of the Service and from time to time amend or vary Our Transaction Fees
for the Service. If We decide to start charging Transaction Fees or where already applicable, vary or amend Our Transaction Fees, the Transaction Fees payable on any new application for
Service will be displayed on the App. We will use reasonable endeavors to notify You of any changes in relation to Transaction Fees within a reasonable period before such changes are
implemented including displaying notices of the changes on the App.
11.2 All payments to be made by You under these Terms of Use shall be made in full without any set off or
counter claim and save in so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If You are at any time required to make any
deduction or withholding from any payment to Us, You shall immediately pay to Us such additional amounts as will result in We receiving the full amount it would have received had no such
deduction or withholding been required.
11.3 If You fail to make any payments due to Us at the due date for payment, We will be authorised to apply late fees on such amount loaned
to You at a rate to be displayed on the App in advance.
Taxes
11.4 All payments to be made by You in connection with these Terms of Use and Loan are
calculated without regard to any taxes payable by You. If any taxes are payable in connection with the payment, You must pay Us an additional amount equal to the payment multiplied by the
appropriate rate of tax. You must do so at the same time as making the payment or whenever We make such demand, even after the end or termination of the relationship.
11.5 You
hereby consent and agree that We may withhold amounts in Your Account if any tax authority requires Us to do so, or We are otherwise required by law or pursuant to agreements with any tax
authority to do so, or if We need to comply with internal policies or with any applicable order or sanction of a tax authority.
Payments
11.6 The
principal, interest, Transaction Fees and tax in connection to these Terms of Use and Loan payable by You to Us must be paid by the payment methods before/on the due date offered and
displayed on the App from time to time.
11.7 All payments must be in the local currency in the Territory.
12. Default
12.1 An event of default occurs when You :
12.1.1 fail to pay any sum or installment (including all accrued interest, Transaction
Fees and tax） payable for a Loan granted under these Terms of Use for a period of fifteen(15) cumulative days unless failure to pay is caused solely by an administrative error or technical
problem; or are declared bankrupt.
12.2 At any time after an event of default has occurred which is continuing, We may, without prejudice to any other right or remedy
granted to it under Applicable Law;
12.2.1 terminate these Terms of Use in accordance with Clause 13 herein;
12.2.2 declare that the Loan (including all accrued interest,
Transaction Fees, tax and all other amounts outstanding under these Terms of Use) is immediately due and payable, whereupon they shall become immediately due and payable;
12.2.3
supply information concerning the event of default to Credit Reference Bureaus. A copy of any adverse information concerning You and Your credit information sent to a Credit Reference
Bureau shall be made available to You upon written request;
12.2.4 impose You with late fees at the rate displayed on the App in connection with Your default in payment.
13. Term and Termination
13.1 These Terms of Use shall continue until terminated in accordance with their terms.
13.2 We may
terminate these Terms of Use, and/or suspend or terminate Your use of the System, the Service and Your Account in whole or in part:
13.2.1 at any time for any reason by giving
notice to You ;
13.2.2 immediately , with or without notice, if You are in breach of any term of these Terms of Use, without prejudice to Our other rights and remedies;
13.2.3 if Your account or agreement with a Mobile Network Operator or Mobile Money Provider is terminated for whatever reason;
13.2.4 where such a suspension or termination is
necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Service from time to time; where Your
Account becomes inactive or dormant;
13.2.5 if We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or
other competent authority；
13.2.6 if We decide to suspend or cease the provision of the Service for commercial reasons or for any other reason as We may determine in Our absolute
discretion;
13.3 On termination or expiry of these Terms of Use for any reason, You shall:
13.3.1 promptly (and in any event within three days), pay any
principal, interest, Transaction Fees or tax owed to Us (which shall become immediately due and payable on termination);
13.3.2 immediately delete and fully remove the App from
Your Mobile Device.
13.4 Termination shall however not affect any accrued rights and liabilities of either party.
13.5 The parties shall have no further
obligations or rights under these Terms of Use after termination of the Terms of Use, without prejudice to any obligations or rights which have accrued to either party at the time they are
terminated, save that the provisions of Clauses 2, 3, 8, 11, 13, 14, 17, and 18, of these Terms of Use and any other clause which expressly or by its nature is intended to survive, shall
continue to have effect after the end of these Terms of Use.
14. Indemnities and Exclusion of Liability
Indemnities
14.1 You shall defend, indemnify and hold harmless Us, Our licensors
and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and
expenses (including attorneys’ fees and costs) arising out of or in connection with:
14.1.1 Your breach of any term of these Terms of Use or any Applicable Law;
14.1.2 Your use of the System and/or the Service, including:
14.1.2.1 any third party claims arising from Your use of the System and/or the Service;
14.1.2.2 any loss or
damage that may arise from Your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software
packages or programs;
14.1.2.3 any unauthorised access to Your Account or any breach of security or any destruction or accessing of Your data or any destruction or theft of or
damage to any of Your Mobile Device;
14.1.2.4 any loss or damage occasioned by the failure by You to adhere to these Terms of Use and/or by supplying of incorrect information or
loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred
by Us as a consequence of any breach by these Terms of Use.
Exclusion of Liability
14.2 We shall not be responsible for any loss suffered by You should
the Service be interfered with or be unavailable by reason of the failure of any of Your Mobile Device, or any other circumstances whatsoever not within Our control including , without
limitation, Force Majeure or error, interruption, delay or non- availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric
conditions, and failure of any public or private telecommunications system.
14.3 You acknowledge that the App has not been developed to meet Your individual requirements, and that
it is therefore Your responsibility to ensure that the facilities and functions of the App as described meet Your requirements.
14.4 We only supply the App for private use. You
agree not to use the App for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of
business opportunity.
14.5 We will not be liable for any losses or damage suffered by You as a result of or in connection with:
• 14.5.1 any defect or fault in
the App or any Service resulting from You having altered or modified the App;
• 14.5.2 any defect or fault in the App resulting from You having used the App in breach of these
Terms of Use;
• 14.5.3 Your breach of Clause 6 herein;
• 14.5.4 unavailability of sufficient funds in Your Mobile Money Account;
• 14.5.5 failure, malfunction,
interruption or unavailability of the System, Your Mobile Device, the network or a Mobile Money System; the money in Your Account being subject to legal process or other encumbrance
restricting payments or transfers thereof; Your failure to give proper or complete instructions for payments or transfers relating to Your Account;
• 14.5.6 any fraudulent or
illegal use of the Service, the System and/or Your Mobile Device;
• 14.5.7 Your failure to comply with these Terms of Use and any document or information provided by Us
concerning the use of the System and the Service.
14.6 Under no circumstances shall We be liable to You for any loss of profit or anticipated savings or for any indirect
or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to Us.
14.7 To maximum extent permitted by Applicable Law, and unless otherwise specified in these Terms of Use, in no event shall Our maximum aggregate liability arising under and in connection
with the App, the System, the Service and/or these Terms of Use, whether in contract, tort, breach of statutory duty or otherwise, exceed the Transaction Fees paid by You to Us in
connection with the first event giving rise to a claim under these Terms of Use.
14.8 Unless otherwise specified in these Terms of Use, any claims You have against Us under or in
connection with the App, the System, the Service or these Terms of Use must be notified to Us within six(6) months after the events giving rise to such claim, failing which (to the maximum
extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.
14.9 We do not accept any responsibility to you for:
14.9.1 malfunctions in communications facilities which cannot reasonably be considered to be under Our control and that may affect the accuracy or timeliness of messages You send or the
material You access via the App;
14.9.2 any losses or delays in transmission of messages or material You access arising out of the use of any Internet access service provider or
mobile network service provider or caused by any browser or other software which is not under our control;
14.9.3 viruses that may infect Your Mobile Device or other property on
account of Your access to or use of the App/Service or Your accessing any materials on the App/Service;
14.9.4 any unauthorised use or interception of any message or information
before it reaches the App or Our servers from the App;
14.9.5 any unauthorised use of or access to data relating to You or Your transactions which is held by Us (unless such use
or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by Applicable Law;
14.9.6 any content
provided by third parties.
15. Third Party Sites
15.1 We may establish on the Service or the App links and pointers to other websites or mobile applications that are operated and
maintained by third parties (“Third Party Sites or Apps”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any
link to Third-Party Sites or Apps is not a recommendation or endorsement by us of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Sites
or Apps.
15.2 We make no warranties, either express or implied, concerning the content of any Third-Party Sites or Apps, including the accuracy, completeness, reliability or
suitability thereof for any particular purpose. We do not warrant that any Third-Party Site or App is free from any claims of copyright, trademark or other infringement.We do not warrant
that any Third-Party Site or App is free from any viruses or other contamination.
15.3 You understand that Third Party Sites and Apps may have a privacy policy that is different
from that ours and that Third-Party Sites and Apps may provide less security than ours. The choice to access a Third-Party Site or App, or to purchase or otherwise use any of the products
or services advertised or provided on a Third Party Site or App is Yours , in your sole discretion.
16 .Consent to Receive Direct Marketing Communications
By using the Services, Y ou agree to receive direct marketing communications from us. If You do
not wish to receive marketing communications from us, You may express your choice where indicated on the applicable communication.
17. Disputes Resolution
17.1 These Terms of Use (and any and all disputes arising out of or in connection with these Terms of Use (including any alleged
breach, or challenge to the validity or enforceability, of these Terms of Use or any provision hereof)) will be subject to the laws of Kenya unless the law in Your Territory requires
otherwise, in which case the governing law of these Terms of Use shall be that of Your Territory.
17.2 Any dispute, difference or question whatsoever and howsoever arising out of
or in connection with these Terms of Use, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the
parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other then, upon application by either party, by the
Chairman of the Kenya Branch of the Chartered Institute of Arbitrators (“Institute ”).
17.3 Such arbitration shall take place in Nairobi, Kenya and shall be conducted in
accordance with the Rules of Kenyan Arbitration and Conciliation Act.
17.4 To the extent permissible by law the determination of the arbitrator shall be final and binding upon the
Parties.
17.5 Nothing in this Clause 15 shall restrict either Party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief
or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.
18. General
18.1 We shall not be liable for delay or failure in performance resulting from causes beyond Our reasonable control.
18.2 You shall
not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Us or any of Our Affiliates.
18.3 You
understand and agreed that we may assign, transfer all or part of the creditor’s rights of the Loan at Our sole discretion from time to time without given notice to You(“Transfer”) . The
above Transfer will not affect the obligation of You under these Terms. You shall make the payment according to the instructions displayed by Us on the App.
18.4 We may amend
these Terms of Use at Our sole discretion from time to time. We will use Our reasonable endeavours to notify You of any material changes to the Terms of Use; however You agree that it is
Your responsibility to review the Terms of Use regularly and Your continued use of the System and the Service will constitute Your acceptance to any of the amendments.
18.5 The
rights of each party under these Terms of Use may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in
writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
18.6 These Terms of Use constitute the entire agreement and
understanding of the parties relating to the subject matter of these Terms of Use and supersedes any previous agreement or understanding between the parties in relation to such subject
matter. The parties also hereby also exclude all implied terms in fact. In entering into these Terms of Use, the parties have not relied on any statement, representation, warranty,
understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use or expressly implied by Applicable Law. Each party irrevocably and
unconditionally waives all claims, rights and remedies which but for this Clause it might otherwise have had in relation to any of the foregoing. Nothing in these Terms of Use excludes
liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.
18.7 You may not assign, sub-license, transfer, subcontract, or otherwise
dispose of any of Your rights or obligations, under these Terms of Use without Our prior written consent. We may at any time assign, sub-license, transfer, subcontract or otherwise dispose
of Our rights or obligations under these Terms of Use without notice or consent (save to the extent required by Applicable Law).
18.8 If any Court or relevant authority determines
that any part of these Terms of Use is illegal, invalid or unenforceable under Applicable Law, the remaining parts of these Terms of Use will remain in full force and effect and the
relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of these
Terms of Use.
18.9 A person who is not a party to these Terms of Use has no right to rely upon or enforce any term of these Terms of Use.
18.10 We may give notice to You
by means of a general notice published on the App or the System or to Your email address set out in Your Account. You must give notice to Us by email to: support@okaypesa.com
18.11 All complaints and suggestions in connection with the System and the Service can be made by sending email to: support@okaypesa.com