Terms and Conditions


The provisions set out herein relate to the services being offered to you and shall be the end-user license agreement between you (“end-user” or you” or “Customer”) and Stawika Capital Limited, a limited liability company duly incorporated under the laws of the Republic of Kenya (“Stawika”, “us” or “we”) for the mobile application software, the data supplied with the software and the associated services (“App”). This Agreement (together with our Privacy Policy) sets out the complete terms and conditions (the “Terms and Conditions”) which shall be applicable to the Account (as hereinafter defined) registered by you with Stawika. By downloading, installing and accessing the Mobile Application and/or our Services, you agree to be bound by these Terms and Conditions.


For purposes of this Agreement, unless the context requires:

1.1    “Agreement” means this Agreement;

1.2    “Account” means your loan account with Stawika;

1.3    “Business Day” means a day other than a Saturday, Sunday, or a gazetted national or public holiday;

1.4    “Collateral” means all real and personal property which is subject or intended to become subject to the security granted to Stawika to secure the Customer’s obligations;

1.5    “Credentials” mean your personal credentials used to access the Stawika App and operate your Loan Account;

1.6    “Credit Reference Bureau” means a 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 the sharing of customer credit information;

1.7    “Customer” means the person in whose name the mobile loan account with Stawika is existing;

1.8    “Data Protection Law” means the Data Protection Act of Kenya, 2019, and such relevant regulations as have been enacted from time to time;

1.9    “E-money” means the electronic monetary value depicted in your Account representing an equal amount of cash;

1.10  “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access mobile network;

1.11  “Event of Default” has the meaning given in Clause 14;

1.12  “Force Majeure” means events, circumstances or causes beyond the reasonable control of Stawika, making Stawika’s performance of its obligations inadvisable, commercially impracticable, illegal or impossible, including but not limited to acts of God, war, strikes or labor disputes, embargoes or government orders, epidemics or pandemics;

1.13  “Guarantor” means a person who undertakes to pay the amount owing in terms of this Agreement in the event of default by the Customer;

1.14  “IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons;

1.15  “License Restrictions” means the actions listed in Clause 3 which constitute a breach of this Agreement;

1.16  “Loan” means the principal amount of the loan granted or to be granted by Stawika to you under this Agreement, from time to time, through the App or (as the context requires) the principal amount outstanding, including any accrued service fees and/or charges for the time being of that any advance and includes all Customer’s obligations.

1.17  “Mobile Money Account” means your mobile money store of value, being the money retained 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;

1.18  “Mobile Money” means the money transfer and payments services operated by the Mobile Money Providers in Kenya;

1.19  “Mobile Network Operator” means a mobile network operator registered with the Communications Authority of Kenya;

1.20  “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 Services in Kenya;

1.21  “Mobile Money Service” means the money transfer and payments service provided by the Mobile Money Providers through the Mobile Money System;

1.22  “Mobile Money System” means the system operated by the Mobile Money Providers for the provision of the Mobile Money Service;

1.23  “Network” means a mobile cellular network operated by a Mobile Network Operator;

1.24  “Obligations” means (i) all loans, advances, debts, liabilities owed by the Customer, including all interest, fees, expenses, principal, premium, (ii) any and all sums advanced or payable in order to effect or preserve the collateral or exercising any right under the collateral; (iii) in the event of any proceeding for the collection or enforcement of the obligations after an event of default shall have occurred, the expenses of realizing the collateral together with the advocate’s cost and court fees;

1.25  “Personal Information” means your phone number, name, date of birth, national identification number or passport number and such other information that will enable us to identify you and comply with the regulatory “Know-Your-Customer” requirements;

1.26  “Privacy Policy” means the Stawika Privacy Policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be stored and processed by us;

1.27  “Relevant Information” means information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you by the Mobile Money Providers and any financial service providers relating to your use of the Mobile Money Service and such other information as we shall require for purposes of providing the Services;

1.28  “Request” means a request or instruction received by Stawika from you, your Equipment, or purportedly from you through the Network, mobile phone and the System and upon which Stawika is authorized to act;

1.29  “Rollover Fee” means the late fees applicable to you if you fail to make payments due to us at the due date of such payment;

1.30  “Security” means any security required by Stawika, offered as a condition for disbursement of the Loan;

1.31  “Services” shall include any form of financial services or products that Stawika may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;

1.32  “Service Fees” means any fees and charges payable for the use of Services as published by Stawika on the App and/or website or by such other means as Stawika shall in its sole discretion determine. Service Fees are subject to change at any time at Stawika’s sole discretion;

1.33  “Service Provider” means Stawika Capital Limited and its subsidiaries as registered under the Laws of the Republic of Kenya;

1.34  “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;

1.35  “SMS” means a short message service consisting of a text message transmitted from your mobile phone to another;

1.36  “System” means Stawika’s electronic communications software enabling you to communicate with Stawika for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Mobile Network Operator’s System.

1.37  In addition to the above definitions, unless the context requires otherwise, (i) the singular shall include the plural and vice versa; (ii) a reference to any one gender, whether masculine, feminine or neuter, includes the other two; (iii) all the headings and sub-headings in this Agreement are for convenience only and are not to be taken into account for the purposes of interpretation of this Agreement, (iv) the recitals and schedules shall be deemed to form part of this Agreement.


    • You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Stawika before using the Services which will govern your use of the Services and the App and operation of your Stawika Account in connection with the Services.
    • You will be deemed to accept the Terms and Conditions upon selecting the “Accept” option on Stawika’s System requesting you to confirm that you have read, understood and agreed to abide by the Terms and Conditions. If you do not agree with these Terms and Conditions, kindly select the “Decline” option on our System. Please note that you will not be able to access the Services if you decline the Terms and Conditions, nor will we license the App to you.
    • By downloading the App and registering an account with Stawika, you agree to comply and be bound by the Terms and Conditions governing the operation of the Account and you affirm that the Terms and Conditions herein without prejudice to any other right that Stawika may have in respect to the Account in law or otherwise.
    • These Terms and Conditions may be amended or varied by Stawika from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. Stawika will take all reasonable measures to notify you of any changes and such changes may be published through our social media platforms and/or website or any method at our discretion.
    • Depending on the updates referenced in Clause 2.4 hereinabove, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted the new terms and conditions.
    • By using the App and any of the Services, you consent us to collecting and using technical information about your Equipment and its related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, 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 Services and/or your experience while using the App.


    • In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your Equipment subject to these Terms and Conditions. We reserve all other rights.
    • Except as expressly set out in this Agreement, you agree;
      • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
      • not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be connected with, or become incorporated in, any other programs;
      • not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
  1. is not unnecessarily disclosed or communicated without prior written consent to any third party;
  2. is not used to create any software that is substantially similar to the App;
  • to include our copyright notice on all entire and partial copies you make of the App on any medium;
    • not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior consent from us;
    • to comply with all technology control or export law and regulations that apply to the technology used or supported by the App or any Services.
  • License Restrictions. You must not:
    • use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into the App, Service, System or Technology;
    • infringe our intellectual property rights or those of any third party in relation to your use of the App or Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);
    • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Service;
    • make unsolicited offers, advertisement and proposals or send junk mail or spam to other customers or the Service Provider;
    • use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other customers;
    • 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;
    • refuse to co-operate in an investigation either with Stawika or any law enforcement agency.

You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with these Terms and Conditions. The visual interfaces, graphics, designs, compilation, information, source code and object code and all other elements provided by Stawika are protected by copyright, designs, patent and trademark laws. You acknowledge that you have no right to have access to the App in source-code form.

    • To enable you to access our Services, you must:
      • be a person above the age of Eighteen (18) Years and be a Kenyan National or a Foreign National lawfully residing in Kenya with a valid work permit;
      • have an android enabled mobile phone;
      • be a registered and active mobile subscriber of a registered Mobile Network Operator and have a Mobile Money Account with the relevant Mobile Money Provider;
      • download the Mobile App onto your mobile phone or equipment;
      • not be listed with a Credit Reference Bureau;
      • be of sound mind; and
      • not be declared bankrupt by a court of law.
    • Stawika’s acceptance of your application for an Account will be displayed on the App. You hereby acknowledge and accept that the acceptance by Stawika of your application for an Account does not create a contractual relationship between you and the Mobile Money Provider beyond the terms and conditions that apply to your Mobile Money Account from time to time.
    • Stawika reserves the right to decline your application for a loan or to revoke the same at any stage at its sole and absolute discretion and without assigning any reason or giving any notice thereto.
    • Stawika reserves the right (in its sole and absolute discretion) to issue, decline to issue a loan and/or vary terms of any loan depending of its assessment of the credit profile of each individual customer from time to time. The terms of the loan and the interest payable in relation to each loan application will be displayed on the App.
    • All registration will be done in the full name of the individual and his/her corresponding mobile phone number and shall be operated solely by the individual and cannot be registered and/or operated in the joint names or jointly by two or more individuals.
    • Eligible customers will register an account with Stawika upon request on the web-based System or Mobile App and unique login credentials will be created for every individual customer.
    • You shall maintain an active mobile phone number with a mobile phone that is android enabled.
    • You shall not at any point delete or disable the Mobile App from you mobile phone as long as an active loan is still subsisting and running.
    • You agree and undertake to be responsible for keying in the correct login credentials, your mobile phone number and the loan amount requested. Stawika shall not in any way be liable for any erroneous transactions incurred.
    • You hereby irrevocably authorize Stawika to act on all requests received by Stawika from you (or purportedly from you) through the System and to hold you liable in respect thereof. Stawika may nevertheless refuse to carry out any requests in its sole and absolute discretion.
    • Subject to its discretion, Stawika reserves 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 Stawika.
    • Stawika 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 its absolute discretion, Stawika believes that it can correct the incomplete or ambiguous information in the request without any reference to you being necessary.
    • Stawika 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 requests on which Stawika may act on, if Stawika has in good faith acted in the belief that such instructions have been sent by you.
    • Stawika may in its 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.
    • You agree to and shall release from and indemnify Stawika against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Stawika having acted in accordance with the whole or any part of any of your requests (or failed to exercise) the discretion conferred upon it.
    • You acknowledge that to the full extent permitted by law, Stawika shall not be liable for any unauthorized 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.
    • Stawika is authorized 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 laws.
    • In the event of any conflict between any terms of any request received by Stawika from you and this Agreement, this Agreement shall prevail.
    • You hereby agree and authorize Stawika to verify information provided by you to Stawika against the information held by the Mobile Money Providers in relation to your Mobile Money Account pursuant to the agreement and the relevant Mobile Money Provider for the provision of its products and services and the Mobile Money Service.
    • The information that Stawika may verify against the information held by the Mobile Money Providers includes (without limitation); your phone number, name, date of birth, National Identification Number (“ID”) or Passport Number and such other information that will enable Stawika to identify you and comply with the regulatory “Know-Your-Customer” requirements (together the “Personal Information”).
    • You hereby agree and authorize Stawika 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 agree and authorize Stawika to verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you by the Mobile Money Providers and any financial service providers relating to your use of the Mobile Money Service and such other information as Stawika shall require for purposes of providing you the Services (the “Relevant Information”).
    • You hereby consent to Stawika verifying the Personal Information and the Relevant Information with the Mobile Money Providers and using of the Personal Information and the Relevant Information to the extent necessary in the opinion of Stawika.
    • You hereby agree and authorize Stawika to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider and you further agree and consent to the disclosure and provision of such Personal Information by the Mobile Money Provider and further to indemnify and hold Stawika and the Mobile Money Provider harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
    • You hereby undertake and agree, that upon your request or application for a loan from us, you shall direct your recent Six (6) Months’ Mobile Money Account Statement (e.g. M-PESA Statement) to [email protected] for purposes of credit appraisal by Stawika. Upon successful submission of the Mobile Money Account Statement to us, you agree to revert the recipient address of such statements to your preferred email address within a period of Twenty-Four (24) Hours. Stawika shall not be held liable for any failure or negligence by you in reverting the recipient address back to your preferred email address.
    • You hereby agree and authorize Stawika to obtain and procure your Personal Information from the Credit Reference Bureaus and you further agree and consent to the disclosure and provision of such Personal Information by the Credit Reference Bureaus. We reserve the right to verify your credit score as held by the Credit Reference Bureau in determining your loan qualification.
    • Stawika reserves the right to request for further information from you pertaining to your application for a loan at any time. Failure to provide such information within the time required by Stawika may result in Stawika declining to accept your application for a loan.
    • All loans will be granted and repaid in Kenya Shillings and not any other currency.
    • Loan limits will be calculated based on your credit history, credit score and mobile data analysis. The loan limit applicable to you shall be qualified by statistical data retrieved from you Mobile Money Account (e.g. M-PESA) as held by your Mobile Money Provider.
    • As a holder of a Stawika Account and having received a confirmation message bearing your credit limit, you may, subject to these terms and conditions apply for a loan using the “request loan” menu on the Mobile App.
    • Stawika may require you to provide the personal details (including name, national ID, phone number and email address) of Two (2) Guarantors (e.g. next of kin) who shall irrevocably and unconditionally agree to jointly and severally pay for any and all sums outstanding, due or owing by you to us if you default on any payment obligation under these Terms and Conditions. The Guarantors agree to indemnify (on a full and unqualified indemnity basis) us, forthwith on demand being made in writing by us, against the amount of all costs, charges, liabilities, taxes and expenses now or hereafter incurred by us in enforcing or attempting to enforce the payment or discharge of all or any of your obligations.
    • Subject to the approval of your loan application, Stawika shall disburse to you a loan of an amount to be determined by us, in our sole discretion, subject to a minimum of Kenya Shillings One Thousand (Kshs. 1,000/=) and a maximum or amount of Kenya Shillings One Hundred Thousand (Kshs. 100,000/=) or such other minimum or maximum amount as Stawika may from time to time in our sole discretion determine (the “Loan”).
    • The proceeds of your loan shall be credited to your Mobile Money Account subject to any deductions on account of applicable transaction fees, taxes and interest charge.
    • You shall repay the loan within Twelve (12) Months of the date of disbursement of the loan (the “Loan Term”).
    • In consideration of Stawika granting you a loan, you shall pay an interest charge of Twenty-One Percent (21%) on the principal amount (loan).
    • Stawika shall be entitled to set and charge Service Fees, in connection with your use of the Services and from time to time, amend or vary its Service Fees for the Services. If Stawika decided to start charging Service Fees or where already applicable, vary or amend its Service Fees, the Service Fees payable on any new application for Services will be displayed on the App. Stawika will use reasonable endeavors to notify you of any changes in relation to Service Fees within Thirty (30) Days before such changes are implemented including display notices of the changes on the App or Stawka’s website.
    • Calculation of the loan repayment sum shall be subject to principal amount, interest, service fees and commission, details of which shall be communicated to you via the Mobile App, prior to the grant of your loan. By accessing the loan amount, you agree to be bound by these charges accordingly.
  5. FEES
    • You hereby agree to pay all Service Fees and other charges payable in connection with your use of the Services.
    • You shall pay to Stawika and Stawika is entitled to deduct from your Mobile Money Account (without further reference to you):
      • any service fees payable in respect of the Services;
      • any legal charges including advocate and client costs incurred by Stawika in obtaining legal advice in connection with your Stawika Account and your dealings with us or incurred by us in any legal or other alternative dispute resolution proceedings arising out of any dealings in respect of your Stawika account; and
      • all other fees, expenses, taxes, duties and impositions incurred in complying with your requests.
    • You hereby agree to pay costs, charges and expenses incurred by Stawika in obtaining or attempting to obtain payment of any loan owed under your Stawika Account.
    • All payments to be made by you in respect of your loan shall be applied in the following order (i) service fees, costs and expenses payable by you under these Terms and Conditions, (ii) interest chargeable and (iii) the principal amount.
    • All payments to be made by you under this Agreement 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 Stawika, you shall immediately pay to Stawika such additional amounts as will result in Stawika receiving the full amount it would have received had no such deduction or withholding been required.
    • In the event that you do not repay your loan in full within the Loan Term, Stawika will automatically roll over any outstanding amount in respect of the loan for a further period of Twenty-One (21) Calendar Days (the “Rollover Term”) until the loan is repaid in full. For amounts below Kenya Shillings Five Thousand (Kshs. 5,000/=), a rollover charge of 1% will be charged daily on the outstanding loan amount from the 7th day of default until payment in full. The rollover charge may extend to a maximum of 10% of the outstanding loan amount, should your default period extend beyond the 1st rollover term. For amounts above Kenya Shillings Ten Thousand (Kshs. 10,000/=), a rollover charge of 1% will be charged daily on the outstanding loan amount from the 11th day of default until payment in full. This rollover charge may extend may extend to a maximum of 10% of the outstanding loan amount, should your default period extend beyond the 1st rollover term.
    • Stawika shall be entitled to terminate this Agreement and cancel your loan limit in accordance with provisions of Clause 15, without prejudice to any of its rights accruing hereunder, if you fail to repay the loan and/or service fees due thereon within the Loan Term.
    • Stawika may offer secured loan facilities to its customers as it may determine from time to time.
    • Stawika may accept the following fixed and moveable assets from you as collateral or security for the secured loan facilities; (i) land title(s), (ii) business inventory, (iii) accounts receivable, (iv) payslips and (v) tangible assets including motor vehicles, crops, machinery and livestock.
    • Stawika may, upon approval of the secured loan, accept the security offered by you and/or require other or additional collateral to be effectively provided and perfected as a condition precedent to disbursement.
    • For purposes of the secured loan facility, Stawika may require you to provide Two (2) Guarantors (e.g. next of kin) who shall irrevocably and unconditionally agree to jointly and severally pay for any and all sums outstanding, due or owing by you, to us if you default on any of your payment obligations.
    • In order to secure the repayment of the secured loan and other applicable charges, a Security Agreement and Guarantee shall be registered in the name of the Customer in favor of Stawika over the asset. All Securities taken by Stawika shall be in the form agreed by us and shall be prepared, executed and perfected at your cost.
    • The Customer and his/her Guarantor will do, execute and deliver, or will cause to be done, executed and delivered, all such further acts, documents and things as Stawika may reasonably request for the purpose of giving effect to any of the Securities and ensuring compliance with these Terms and Conditions.
    • Stawika will, at your expense, register, file or record the Securities in all offices/registries where such registration, filing or recording is necessary or of advantage to the creation, perfection and preserving of the security interests arising pursuant thereto.
    • Stawika has the sole discretion to present the securities for registration, provided if such security being unregistered shall remain valid and binding as between you and Stawika.
    • You hereby agree and undertake that any title document relating to your security shall be deposited with us until you perform all the secured obligations under these Terms and Conditions, Security Document(s), Guarantee and any relating documents thereto.
    • The security shall be a continuing security for the payment of the loan notwithstanding any intermediate payments or settlement of accounts, or your being declared a bankrupt borrower, as the case may be, or change in your status or ownership for the payment of all sums including interest, fees, commission, costs, charges and expenses and the satisfaction of all liabilities, present or future, absolute or contingent for which you are now, or at any time hereafter be liable to Stawika and shall be in addition to and without prejudice to any other security which Stawika may now or subsequently hold in respect of such liabilities.
    • In the event that there is a conflict between the provisions of these Terms and Conditions and the Security documents, the provisions in the Security documents will prevail.
    • A statement and activity report in respect of your Account will be made available on Request. Requests shall be made via our email address ([email protected]) or via a contact link availed on the App.
    • Your statement will show all the details of the last Five (5) Transactions (or such other number of transactions as determined by Stawika) in your Account initiated from your Equipment.
    • Your statement will show all amounts added or taken from your Account. You must check your statement carefully and notify Stawika as soon as possible if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.
    • Stawika endeavors to rectify any discrepancies, add and/or alter the entries in your statements upon notification and verification of any omissions or errors presented by you. We shall inform you of any rectification, additions and/or alterations effected on your statements within a reasonable time after the changes are effected.
    • You will be notified of all transactions on your Account by way of SMS and the charges for this service will be debited to your Account.
    • Save for manifest error, a statement issue to you in respect of your Stawika Account shall be conclusive evidence of the transactions carried out on your Stawika Account for the period covered in the statement.
  8. TAXES
    • All payments to be made by you in connection with these Terms and Conditions are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay Stawika an additional amount equal to the payment multiplied by the appropriate of tax. You must do so at the same time as making the payment.
    • You hereby consent and agree that Stawika may withhold amounts in your Account if any tax authority requires Stawika to do so, or Stawika is otherwise required by law or pursuant to agreements with any tax authority to do so, or if Stawika needs to comply with internal policies or with any applicable order or sanction of a tax authority.
    • You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
    • You shall be responsible for ensuring the proper performance of your Equipment. Stawika shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, nor shall we be responsible for any computer virus or related problem that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any mobile network operator providing you with connection to the Network and Stawika shall not be responsible for losses or delays caused by any such mobile network operator.
    • You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by Stawika concerning the use of the System and the Services.
    • You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials (including your Stawika Account PIN) do not become known or come into possession of any unauthorized person. Stawika shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold Stawika harmless from any losses resulting from disclosure of your Credentials.
    • You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from Stawika are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected. You shall immediately inform us in the event that:
      • You have reason to believe that your Credentials are or may be known to any person not authorized to know the same and/or have been compromised;
      • You have reason to believe that unauthorized use of the Services has any or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
    • You shall at all times follow the security procedures notified to you by Stawika 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 Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.
    • You shall not at any time operate or use the Services in any manner that may be prejudicial to Stawika.
    • An Event of Default occurs when you fail to pay any sum payable for a loan granted to you under these Terms and Conditions by the relevant due date, unless failure to pay is caused solely by an administrative error or technical problem not within your control.
    • In the event of default, Stawika will notify you through SMS of the said default and require you to settle the outstanding amount, failure to which rollover fees will apply.
    • Failure to reach you on your personal contact will warrant us to contact your declared guarantors (and employers in the case of employees who have provided their payslips as collateral for secured loans) in effort of collecting the outstanding loan amount. Stawika will rely on data collected from you in the recovery process of any defaulted amounts.
    • At any time after an Event of Default has occurred which is continuing, Stawika may, without prejudice to any other right or remedy granted to it under any law:
      • terminate this Agreement in accordance with Section 15 below;
      • declare that loan (and all accrued interest and all other amounts outstanding under this Agreement) is immediately due and payable, whereupon they shall become immediately due and payable;
      • engage an external collections agency to seek repayment and private investigators to trace assets; or
      • get indemnification upon demand against any reasonable loss or expense, which we may incur as a consequence of an event of default.
    • Stawika may at any time, upon notice to you, terminate or vary our business relationship with you and close your Stawika Account, and in particular but without prejudice to the generality of the foregoing, Stawika may cancel credits which it has granted and require the repayment of outstanding amounts resulting from such credits within such term as Stawika may determine.
    • Without prejudice to Stawika’s rights under this section, we may, at our sole discretion, suspend or close your Stawika Account:
      • if you use the Account for unauthorized purposes of where Stawika detects any abuse/misuse , breach of content, fraud or attempted fraud relating to your use of the Services;
      • if Stawika is required or requested to comply with an order or an instruction of or a recommendation from the government, court or regulator or other competent authority;
      • if Stawika reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any loan amount due from you where applicable) which you fail to remedy within Seven (7) Calendar Days after the service of notice by email, SMS or other electronic means requiring you to do so;
      • where such suspension or variation is necessary as a consequence of technical problems or for reasons of safety, to facilitate an update or upgrade the contents or functionality of the Services from time to time;
      • where your Stawika Account becomes inactive or dormant;
      • if your Mobile Money Account or agreement with the Mobile Money Provider and/or Mobile Network Operator is terminated for whatever reason;
      • if Stawika decided to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion; or
      • if you breach any of the License Restrictions.
    • If your Stawika Account has a credit balance at any time as a result of overpayment of your loan repayment sum, you may issue a Request of such credit balance and Stawika will return any such balance to you, less any applicable fees, provided that such amount falls above the minimum transfer amounts by the relevant Mobile Money Provider.
    • Termination shall however not affect any accrued rights, remedies and liabilities of either party.
    • If Stawika receives notice of your demise, Stawika will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of administration letters from a competent authority or confirmed grant of probate by your legal representative duly appointed by a court of competent jurisdiction.
    • Stawika shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within Stawika’s control including, without limitation, force majeure, 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 public or private telecommunications system.
    • 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.
    • Stawika supplies the App and Services for domestic and private use only. You agree not to use the App and documents 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.
    • Stawika will not be liable for any losses or damage suffered by you as a result of or in connection with:
      • any defect or fault in the App or any Service resulting from you having altered or modified the App;
      • any defect or fault in the App resulting from you having used the App in breach of the terms of these Terms and Conditions;
      • your breach of the License Restrictions;
      • unavailability of sufficient funds in your Mobile Money Account;
      • failure, malfunction, interruption or unavailability of the System, your Equipment, 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;
      • any fraudulent or illegal use of the Services, the System and/or your Equipment; or
      • your failure to comply with these Terms and Conditions and any document or information provided by Stawika concerning the use of the System and the Services.
    • If for any reason other than reasons mentioned hereinabove, the Services are interfered with or unavailable, Stawika’s sole liability under these Terms and Conditions in respect thereof shall be to re-establish the Services as soon as reasonable practicable.
    • Save as provided in Clause 16.5 above, Stawika shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
    • Under no circumstances shall Stawika 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 Services even where the possibility of such loss or damage is notified to Stawika.
    • All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
    • You hereby expressly consent and authorize Stawika to disclose, receive, record, store or utilize your personal information or data relating to your use of the Services and the operation of your Account and any details of your use of the Services to and from:
      • Stawika’s Head Office, its subsidiaries, branches and/or affiliates;
      • Stawika’s service providers, dealers, agents and employees;
      • any regulatory body having jurisdiction over Stawika;
      • Stawika’s lawyers, auditors or other professional advisors or to any court or tribunal in connection with any legal or audit proceedings;
      • Mobile Money Providers and of Mobile Network Operators in connection with the Services;
      • for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
      • in business practices including but not limited to quality control, training and ensuring effective systems operation.
    • In consideration of Stawika complying with your instructions or requests in relation to your Account, you undertake to indemnify Stawika and hold it harmless against any loss, charge, damage, expense, fee or claim which it may suffer or incur or sustain from acting on your instructions or requests in accordance with these Terms and Conditions.
    • The indemnity shall cover the following:
      • all demands, claims, actions, losses and damages of whatever nature which may be brought against Stawika or which we may suffer or incur arising from its acting or not acting on any request or arising from the malfunction or failure or unavailability or any hardware, software, equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond our control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any request received by us;
      • any loss or damage that may arise from your use, misuse, abuse or possession of any third party software or any other software packages or programs;
      • any unauthorized access to your Account or any breach of security or any destruction or theft of or damage to any of your Equipment;
      • any loss or damage occasioned by failure by you to adhere to these Terms and Conditions and/or 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 Stawika as a consequence of any breach by these Terms and Conditions.
      • any damages and costs payable to Stawika in respect of any claims against us for recompense for loss where the particular circumstance is within your control.
    • If you wish to contact us in writing, or if any condition in these Terms and Conditions requires you to give us notice, you can send such notice to us by email at ([email protected]) or to such email address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by email.
    • If we have to contact you or give you notice in writing, we will do so by email or by SMS to the mobile phone number or email address you provide to us in your request for the App.
    • Remedies Cumulative. No failure on the part of any party to exercise, or delay on its part in exercising any right, power or remedy provided in these Terms and Conditions or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further or other exercise of that, or any other right, power or remedy.
    • No Waiver. No failure by Stawika to exercise, and no delay in exercising any right or remedy in respect of any provision of these Terms and Conditions shall operate as a waiver of such remedy.
    • Effect of Invalidity. If any provision or part of provision of these Terms and Conditions shall be, or found by any court of competent jurisdiction to be, invalid of unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms and Conditions, all of which shall remain in full force and effect.
    • Variations and Amendments.
      • We may vary or amend, at any time and upon reasonable notification to you, these Terms and Conditions and the Service Fees. Any such variations or amendments may be published by us on the App, on our website and/or by any other means as determined by Stawika and any such variation and amendments shall take effect on the date specified in the publication.
      • If any provision of these Terms and Conditions shall be found by any court, adjudicator or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions herein.
      • Any addition or alteration to these Terms and Conditions may be made from time to time by us and of which notice has been given to you by way of publication as provided for in Clause 20.4.1 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.
    • Assignments.
      • You agree that you shall not assign any of your rights under these Terms and Conditions, transfer, sub-contract or delegate any of your obligations herein or deal in any other manner inconsistent with these Terms and Conditions.
      • You acknowledge that Stawika may assign and transfer any of its rights and obligations under these Terms and Conditions either absolutely or as collateral security to any third party at its sole discretion.
    • These Terms and Conditions constitute the entire agreement between you and Stawika and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understanding between you and Stawika, whether written or oral, relating to its subject matter.
    • You acknowledge that in entering into this Agreement, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
    • Both Parties agree that neither party shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any provisions of these Terms and Conditions.
    • Stawika shall not incur any liability to the you if its performance of any obligation under these Terms and Conditions is prevented or delayed by causes beyond its control and without fault or negligence on its part; or where the cause or event is attributable to an act of God, accident, any war or hostilities, any act of terror; any sabotages, riots, civil commotion, public invasions and lock outs; any storms, floods or other inclement weather; epidemic, pandemic or quarantine restrictions, ordinances, rules, laws and regulations that render its performance of this Agreement impossible.
    • In such case, Stawika’s obligations to you shall be suspended for as long as the Force Majeure event continues and shall resume at such a time when the Force Majeure event subsides.
    • You understand and agree that Stawika may access, preserve and disclose your personal information and the contents of your Stawika Account if required to do so by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to comply with the legal process to protect the rights, property and/or safety of Stawika, its affiliates or the public.
    • Your personal information shall generally be stored in Stawika databases and maintained by our trusted service providers. Many of these databases are stored on servers located in Kenya. Stawika takes appropriate measures, by contract or otherwise, to provide adequate protection for personal information that is disclosed to a third party or transferred to another country, including transfers within Stawika.
    • We only use your Personal Information in accordance with our Privacy Policy. Please take time to read our Privacy Policy, as it includes important terms which apply to you.
    • Upon downloading the App and clicking the “Accept” option with respect to these Terms and Conditions, you will be deemed to have accepted our Privacy Policy, a copy of which will be available on the Stawika System, App and Website.
    • These Terms and Conditions shall be governed by the Laws of Kenya.
    • You may contact Stawika’s Customer Care Centre to report any disputes, claims or account discrepancies in relation to the usage of the Service. Both Parties (you and Stawika) shall make every effort to resolve amicably any dispute in relation to claims made against us or in connection with our Services through good faith discussions and negotiations.
    • If such negotiations fail and an agreement is not reached within One (1) Month of when the negotiation was first initiated, the dispute will be referred to a Mediator in accordance with any Mediation Rules formulated by the Kenyan Judiciary.
    • Should the parties be unable to resolve any difference or dispute amicably through mediation within Thirty (30) Days of having been referred to mediation, such dispute shall be brought before a court of competent jurisdiction or tribunal in Nairobi, Kenya.
    • The Parties herein (you and Stawika) irrevocably submit to the exclusive jurisdiction of the relevant Kenyan Courts and Tribunals.

*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 and Conditions, please contact us at [email protected]. We hope you do enjoy our Services.