MOBILE MONEY LENDING BY STAWIKA CAPITAL LIMITED
These Terms and Conditions govern your use of our mobile lending services, it is crucial that you read and understand them. By downloading, installing and accessing the Mobile Application and/or our Services, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access and/or use our Services.
IT IS HEREBY AGREED that the:
Mobile Money Lending services for Micro Loans offered by Stawika Capital Limited are subject to the following Terms and Conditions;
- “Customer” means anyone who has subscribed to the Mobile Money lending application offered by Stawika Capital Limited.
- “Credit Reference Bureau” means the credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended from time to time to collect and facilitate sharing of customer credit information.
- “Loan” means any money advanced to the Customer by Stawika Capital Limited, inclusive of charges applicable such as service charge, interest and/or default interest due to Stawika.
- “Mobile Application” means the software application which is downloaded and/or installed on the Customer’s mobile phones for availing the mobile money lending services contemplated herein.
- “Mobile Phone” means the mobile phone or likewise devise(s) which shall enable the Customer to access the Services.
- “Mpesa Account” means your mobile money wallet, being the record of the amount of funds held by yourself in the Mpesa Service System as maintained by Safaricom.
- “Mpesa Service System” means the system operated by Safaricom that facilitates money transfer and payments among its users.
- “Safaricom” means Safaricom Limited.
- “Services” means the Mobile money lending services offered by Stawika Capital Limited.
- “Service Charge” means the Service Charge accrued and chargeable for processing and availing the money advanced to the Customer at the current rates fixed by Stawika Capital Limited until payment in full.
- “Service Provider” means Stawika Capital Limited and its subsidiaries as registered under the Laws of the Republic of Kenya.
- “SMS” means Short Messaging Services used as an electronic communication method.
- “Stawika Account” means your personal account as maintained by the Service Provider on the Mobile Application.
- ELIGIBILITY CRITERIA
The Mobile lending services are available to any person who;
- Is above the age of eighteen years and is a Kenyan National or a foreign national lawfully residing in Kenya with a valid work permit;
- Has an android enabled mobile phone;
- Has downloaded the Mobile Application on their mobile phones;
- Is not listed with the Credit Reference Bureau;
- Is of sound mind.
- Has not been declared bankrupt by a court of law.
- REGISTRATION AND OPERATIONS
- All registration will be done in the full name of an individual and their corresponding mobile phone numbers and shall be operated solely by the individual and cannot be registered and/or operated in joint names or jointly by two or more individuals.
- Eligible Customers will be registered with the Service Provider upon request in to the web-based system and Mobile application and unique log in credentials will be created for every individual customer.
- The Customer shall maintain an active mobile phone number with a mobile phone that is android enabled.
- The Customer shall not at any one point delete or disable the Mobile Application from their mobile phones as long as an active loan is still subsisting and running.
- The Customer shall ensure that the mobile application is not used for any purpose which is illegal or which is not authorized under this terms and conditions.
- The rate of Service Charge earned and interest accruing on loans shall be decided solely by the Service Provider, Stawika Capital Limited.
- The Customer agrees and undertakes to be responsible for keying in the correct log in credential details, their Mobile phone number and the loan amount requested and the Service Provider shall not in any way be liable for any erroneous transactions incurred.
- The Customer further undertakes to exercise a reasonable duty of care to ensure the Mobile Application is not accessed by unauthorized persons through the customer’s mobile phone.
- Stawika Capital Limited will not be liable and/or under any obligation to refund any monies lost in cases of any security breach occasioned by the negligence of the Customer in protecting their credential details or the collusion of a Customer, solely or jointly with a third party, with the intention to defraud Stawika.
- The Service Provider will not reverse or treat as unauthorized any transaction and/or loan request that contain errors occasioned by the Customer.
- APPLICATION AND GRANT OF LOANS
- All loans will be granted and repaid in Kenya Shillings and not any other currency.
- Loan limits will be calculated based on credit history, credit score and mobile data analysis.
- The loan limit applicable to each Customer shall be qualified by statistical data retrieved from the Mpesa Account maintained by the Customer.
- Each customer shall direct their updated M-Pesa statement to email@example.com on application for a loan, for purposes of qualification by the Service Provider, whereupon they shall be required to revert the recipient of the statements aforementioned to their preferred address within a period of 24 hours.
- Calculation of the loan repayment sum shall be subject to service charge, commission and interest rates, details of which shall be communicated to you via the Mobile Application prior to the grant of your loan. By accessing the loan amount, you agree to be bound by these charges accordingly.
- The Service Provider reserves the right to verify the Customer’s credit score as held by the Credit Reference Bureau in determining the loan qualification of the Customer.
- REPAYMENT OF LOANS AND DEFAULT
- The Customer hereby agrees and acknowledges that all loans advanced by the Service Provider should be repaid within a period of ten (10) days from the date of advance.
- In case of default in repayment of any loan amount, the Service Provider will notify the Customer through SMS of the said Default requiring them to repay the loan, failure to which default penalties will apply.
- Default in repayment of any loan amount will attract a Roll over fees penalty equivalent to ten per cent (10%) of the outstanding principle amount at the time of the roll-over.
- The Customer agrees and acknowledges that they risk being listed with the Credit Reference Bureau (CRB) in Kenya for failure to repay any loan amount together with accrued interest and/or penalties.
- The Service Provider reserves the right to pursue any legal means in recovering any unpaid loan amount as against any Customer.
- PROHIBITED ACTIONS
The Customer shall not:
- Use the Mobile application for other purposes other than request for, receive and repay loans advanced to them by Stawika Capital Limited.
- Impersonate any person or entity, access other Customer’s Mobile Applications without their permission or perform any other fraudulent activity against any other Customer(s).
- Use the Mobile Application and its services or request for a loan for any illegal purpose or in violation of any local legislation or international law including but not limited to any laws governing intellectual property, data protection money laundering, illegal gambling activities, terrorism and tax laws.
- Use any automatic device or manual process to monitor or copy the Mobile
Application Services and information without the prior consent and permission from the Service Provider.
- Make unsolicited offers, advertisement and proposals or send junk mail or spam to other Customers or the Service Provider.
- Refuse to co-operate in an investigation either with the Service Provider or any other competent authority.
- Remove, circumvent, disable, damage or otherwise interfere with security related features of the Mobile Application.
The Customer hereby irrevocably authorizes Stawika Capital Limited to disclose, as and when required in accordance with the applicable law (including but not limited to disclosures for purposes of credit review of any Customer’s account) any information relating to the Customer to;
- The Head Office, its subsidiaries, branches and/or affiliates.
- Its auditors, professional advisers and any other person(s) under a duty of confidentiality to Stawika Capital Limited.
- Maintainers or servicers of Stawika Capital Limited.
- Any regulatory body having jurisdiction over Stawika Capital Limited.
- Any other person with whom Stawika Capital Limited contracts or proposes to contract with regard to offering services.
- Any person employed with, or engaged as an agent by Stawika Capital Limited.
- GENERAL SERVICES
By downloading, installing and accessing the Mobile Application, you acknowledge that:
- The Service Provider is maintained on the Safaricom network platform whose operation and maintenance will be linked to your Mpesa Account.
- You may make deposits or withdraw funds, in reference to your loan portfolio with the Service Provider, using your Mpesa Account.
- Transaction fees and applicable Service Provider fees, commissions and other accounts will be charged on all transactions between the Mobile Application and your Mpesa Account.
- DATA COLLETION AND USE OF YOUR PERSONAL INFORMATION
- You hereby agree and authorize the Service Provider to obtain and procure your Personal Information contained in the Integrated Population Registration System (IPRS) from the Government of Kenya and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to the Service Provider.
- You hereby acknowledge and agree that the Service Provider may obtain your credit information from a duly authorized Credit Reference Bureau as well as share your credit information with any such duly authorized Credit Reference Bureau as stipulated in the Credit Reference Bureau Regulations, 2013 as amended from time to time.
- The Service Provider, its services, the information on the Mobile Application and use of all related facilities are provided on an “as is, as available” basis without any implied warranties except as expressly stated herein.
- The Service Provider warrants that it will deliver its Mobile Lending Services in accordance with the standards set forth in this Agreement. The Service Provider warrants that it has the requisite skills, expertise and resources to perform its obligations under this Agreement.
- The Service Provider will use reasonable endeavors to correct any errors or omission with regards to the operation of the Mobile Application as soon as practicable after such has been brought to its attention. Nonetheless, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In case of any such error, fault or omission, you should report it to the Customer Care Centre.
- The Service Provider reserves the right to change, modify or substitute, suspend or remove any information or services on the Mobile Application form time to time. You access to the Mobile Application may be occasionally restricted for purposes of maintenance and/or introduction of new facilities or services.
- The Service Provider will report any suspicious activity to its Complaints Reporting Officer. The Reporting Officer may escalate the suspicious activity to the relevant law enforcement authority.
- The Service Provider warrants that it has obtained all the requisite approvals (whether internal or regulatory) to use the Mobile Application.
- The Customer hereby agrees that they shall, at their own expense, indemnify, defend and hold harmless, Stawika Capital Limited from and against any liability or loss that may occur, arising from or relating to the operation or use of the Mobile Application Services or any breach, non-performance, misconduct or negligence of the Customer in performance of its obligations.
- Stawika Capital Limited shall not be liable for any failure to perform any obligation contained in these Terms and Conditions or for any loss or damage whatsoever suffered or incurred by the Customer howsoever caused and whether such loss or damage is attributable (directly or indirectly) to any dispute or any other matter or circumstances whatsoever.
- The aforesaid indemnities shall continue notwithstanding the termination of the Mobile Application and/or the contract between the Customer and Stawika Capital Limited.
- Stawika Capital Limited reserves the right to amend these Terms and Conditions at any time by posting the amended terms on their website and/or notifying its Customers via SMS.
- All amended terms shall be effective immediately after they are posted to the website and/or sent to the Customer via SMS.
- OWNERSHIP AND PROPRIETARY RIGHTS
- The Customer acknowledges that the Mobile Application software underlying the Mobile Money lending services as well as other softwares which are required for operating and accessing the mobile money loans are the legal property of Stawika Capital Limited.
- The visual interfaces, graphics, designs, compilation, information, computer codes, software services and all other elements provided by Stawika Capital Limited are protected by copyright, designs, patent and trade mark laws.
- Any permission given by Stawika Capital Limited to access its Mobile Application in any way whatsoever will not convey any proprietary or ownership rights in such software to the Customer.
- The Customer shall be at liberty to withdraw from receiving and enjoying the Services of Stawika Capital Limited anytime but subject to paying up all existing loans and interest accrued to Stawika Capital Limited.
- The Customer shall, after withdrawal in (a) above, un-install all copies of the Mobile Application in his/her mobile phone and discontinue use of any and all parts of the Mobile Application Services.
- The Service Provider may, without prior notice to the Customer, suspend the Services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons.
- The Service Provider may, at its discretion, withdraw temporarily or terminate the services wholly or in part, at any time without giving prior notice to the Customer.
- The Service Provider shall however endeavor to give reasonable notice for suspension and/or termination of the services.
- FORCE MAJEURE
The Service Provider shall not be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for as long as the Force Majeure event continues.
- GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by the Laws of Kenya.
- You may contact the Service Provider’s Customer Care Centre to report any disputes, claims or account discrepancies in relation to the usage of the Service. Both Parties (you and the Service Provider) shall make every effort to resolve amicably any dispute in relation to claims made against the Service Provider under of in connection with our services by direct informal negotiations.
- The Parties hereby agree that any legal action or proceedings arising out of these Terms and Conditions shall be brought only when negotiations have failed, in the relevant courts or tribunals in Nairobi, Kenya.
- The Parties herein irrevocably submit themselves to the exclusive and jurisdiction of the relevant Kenyan Courts and Tribu
Thank you for reviewing these Terms and Conditions – If you have any questions about, or if you wish to send us any notices in relation to these Terms, please contact us at firstname.lastname@example.org. We hope you do enjoy our Services.