This agreement serves as both an agreement for electronic financial services and an agreement for end-user licensing,which is why it is essential that you comprehend these terms of service.Consequently,it is essential that you reread them thoroughly.The registration for or utilization of any component of the ImpiKash service(hereinafter referred to as the"Service")is a confirmation of your understanding,consent,and acceptance of these terms and conditions.By utilizing any facet of the service,you acknowledge that you have read,understood,and consent to be legally bound by these terms.If these Terms of Service are deemed objectionable,you will be prohibited from accessing or using any aspect of the Service.The ImpiKash service and you,the individual user(sometimes referred to as"You"or"Your"),establish a legally binding contract through the use of these Terms of Service.
The implementation of any alterations or modifications will take place on the same day that these Terms of Service become effective.
The following is confirmed by your affirmation:
2.1 You are authorized to approve and adhere to these Terms of Service Terms in accordance with the law.
2.2 You will promptly notify us of any infraction of these Terms of Service or any relevant legislation.
2.3 You will only utilize the System and Service in a manner that is authorized by the system and service.
2.4 You have furnished information, documents, and credentials that are comprehensive, accurate, and transparent in relation to your private information.
2.5 Accounts and locations are required for authorized internet access.
2.6 You hereby agree to abstain from participating in any activity that is considered unlawful.
2.7 You confirm that you will not obstruct the system's operation in any manner.
3.1 It is imperative that you comprehensively review these Terms of Service and have a comprehensive understanding of them prior to downloading,installing,or streaming the application.
3.2 Upon receipt of the program from our system,you will have the option to select"Accept"to validate your acceptance of the terms and conditions of utilization.
3.3 The terms of service are accepted by you upon the completion and registration of the application.
3.4 By continuing to utilize our services in the future,you acknowledge and consent to the terms of this agreement.We retain the right to modify this agreement at any time.
3.5 It is conceivable that the website interface may require the adoption of new terms to implement the modifications.
3.6 By utilizing the application,you authorize us to gather technical information to improve the services we offer.
3.7 In order to confirm the information,we may contact you or the individual you have designated as your emergency contact.
4.1 In order to utilize the System,an account must be created and subsequently maintained.
4.2 You are obligated to participate in all activities that are associated with the account.In greater detail:
4.2.1 It is recommended that you avoid the use of multiple accounts.
4.2.2 Ensure the confidentiality of the account data.
4.2.3 Guarantee that your account is encrypted and that no other individual has access to it.
4.2.4 Kindly inform us immediately of any unauthorized activity that has taken place on your account.
All rights are reserved by the proprietor.
5.1 A non-transferable,restricted,non-exclusive,revocable,and royalty-free license to access and use the System within the Territory for the solitary purpose of acquiring the services we provide will be granted to you if you adhere to these Terms of Use.
5.2 We and our licensors,if any,jointly and severally own all rights that are not expressly granted to you by these Terms of Use.You will not acquire proprietorship of the System,either in its entirety or in part,under the terms of these Terms of Use.
Actions that are prohibited include:
5.3 The System is not to be used for the following activities:
5.3.1 The System may be commercially exploited by any third party that leases,sublets,conveys,assigns,distributes,sells,resells,or uses it in any other capacity in accordance with the provisions of this agreement.
5.3.2 You are permitted to utilize reverse engineering to generate ideas for the underlying program,modify it in any manner,or utilize it in any capacity.
5.3.3 Utilize the System to either create a product that is identical to the System,to create a product that is competitive,to replicate the System's features or concepts,or to initiate an automated application that causes the System to experience superfluous burdens.
5.3.4 Make an attempt to access the system or network beyond the authorized level.
5.3.5 Unauthorized duplication or extraction of system structure or content.
5.3.6 Without prior authorization,it is unlawful to post,share,or reproduce any content that is protected by intellectual property rights or incorporates trademarks.
5.3.7 Employ the system in a manner that is illegal or involves fraudulent activity.
5.3.8 Distribute unsolicited messages or pernicious software.
5.3.9 Disseminate or retain hazardous code.
5.3.10 Develop strategies to improve the system's efficacy or reliability.
5.3.11 It is strictly prohibited to make false claims about one's affiliations or to assume the identity of another individual.
5.3.12 Generate a report regarding the location you visited.
5.3.13 Submit false information regarding oneself.
5.3.14 Our reputation will be irreparably damaged.
5.3.15 Conduct any necessary analysis of communications or information gathering from our services or systems.
6.1 Our services are exclusively available to individuals who are at least eighteen years old and meet the eligibility requirements.We will contact the mobile money provider for your account in order to verify the authenticity of your account and to provide information about its current status.We reserve the right to do so.
6.2 The application will notify you of the account's effective approval.The approval of your account application does not establish a legal relationship between you and the Mobile Money Providers,with the exception of the terms and conditions that are currently in effect for your Mobile Money Account.Please be advised of this fact.You acknowledge and assent to this fact.
6.3 We reserve the right to decline or terminate your loan application at any time,without providing any justification or prior notice.
7.1 By granting us your immutable permission,you acknowledge that you are wholly responsible for fulfilling any requests that we receive from you or that you claim to have received through the System.
7.2 We reserve the right to reject any loan application that you submit,regardless of whether or not you have previously been granted a loan from some of our clients.
7.3 We reserve the right to approve and manage any request if we are able to resolve the missing or ambiguous information without your participation,exclusively based on our own opinion.
7.4 If the Request was submitted,delivered,or transmitted in an unlawful or inappropriate manner,we will assume that you have fulfilled all of your obligations.If we are operating in good faith and believe that the instructions are coming from you,we are legally obligated to comply with any request you make.
7.5 We reserve the right to decline to fulfill any aspect of your request while we conduct further investigation or obtain additional confirmation from you,either verbally or in writing.This decision is made at our discretion.
7.6 This understanding is established in the event that you fulfill any portion of your requests.You agree to indemnify us against any and all claims,damages,fees,and expenditures if you refrain from utilizing the authority that has been granted to us or carry out any portion of your requests.
7.7.You agree and acknowledge that we will not be held liable for any unauthorized uses,transfers,disclosures,or activities on your account that are the result of the use,knowledge,or manipulation of your identification number,personal identification number,or any other account information,even if those actions were the result of your carelessness,to the maximum extent permitted by the applicable law.
7.8 We are authorized to fulfill any obligations that have been imposed on your behalf by agencies,competent authorities,or tribunals in accordance with the Data Protection Act and the Kenya Information and Communications Act,among other regulations.
7.9 In the event that these terms and these terms are in conflict,these Terms of Use will take precedence over any requests that we receive from you.
8.1 You are accountable for the expenses associated with the security and maintenance of your mobile device in order to access the Service and the System.
8.2 It is your responsibility to ensure that your mobile device is functioning properly.We are not liable for any computer viruses or other issues that may arise as a result of the use of the system,the service,or the mobile device.We explicitly disclaim all liability for any errors or issues that may be caused by your mobile device,as this may exacerbate the offense.Rather than being held accountable for any delays or losses that may be caused by network service providers,you are responsible for paying any costs that they may impose on you.
8.3 The application may be accessed using a mobile device.It is the user's responsibility to ensure that the appropriate application has been transferred to their mobile device.We are not liable for the app if it is either obsolete or incompatible with the device they are using.
8.4 In the event that your mobile device is lost,stolen,damaged,or no longer in your possession,you are required to promptly notify us using the methods that we have authorized.This method would allow other parties to access the details of your account and your credentials,but the legal rights and remedies that we possess would be protected.You are consenting to indemnify us in the event that we disclose your logon passwords and account information to third parties who are not affiliated with us.
8.5 You are solely responsible for the payment of any costs associated with the system and the fact that it may be used with a significant volume of data,as well as for the adequacy of your internet and mobile plan and for paying any fees that your mobile service provider may impose,such as text,phone,and internet data charges.
8.6 You agree to adhere to all of the rules,regulations,and guidelines outlined in these Terms of Use,as well as any supplementary materials that we may provide,by using the System and the Service.
8.7 It is imperative to establish reasonable procedures in order to identify users who are abusing the system and the service.To prevent any unauthorized access to the System,it is imperative that you promptly review each and every communication that we have sent to you upon their receipt.If...,please do not hesitate to reach out to us at your the earliest convenience.
8.7.1 You have reason to suspect that an unauthorized individual has acquired or used your authentication credentials;and/or
8.7.2 You are of the opinion that fraudulent activities may have been involved in the illicit utilization of the service that has occurred,is occurring,or is anticipated to occur.
8.7.3 You are accountable for complying with any supplementary regulations that we may establish in connection with the Service or the security protocols.You acknowledge that the confidentiality of your account may be compromised if you fail to comply with the security protocols that have been recommended to you.To be more precise,the service must not be utilized,requests must not be submitted,and the necessary activities of each individual must not be completed.
Interest and transaction expenses
9.1 The application will disclose the interest that you have accrued on any loans that you have obtained.We retain the authority to establish and modify transaction fees that are associated with your use of the Customer Service during this interim period.Additionally,we may implement and modify them as necessary.The application will provide details regarding the implementation of new transaction fees and any modifications to the current ones.We guarantee that we will promptly inform you of any changes to the transaction fees,including the dissemination of information concerning the application.
9.2 Unless otherwise specified by law,all payments made in accordance with these Terms of Use must be made in full,without any withholdings or deductions.If you are obligated to withhold or deduct any money from us,you will be responsible for ensuring that we receive the full amount that we would have received in a different circumstance.Please approach this obligation with the utmost seriousness.
9.3 In the event that we are unable to collect payment from you prior to the due date,we reserve the right to impose penalty interest on the total amount of the loan.
The act of paying taxes
9.4 The amounts that are owed to you in accordance with the Loan and these Terms of Use do not include any taxes that you may be obligated to pay.If taxes are due on the payment,you are required to pay an additional sum that is equivalent to the quantity of the payment multiplied by the applicable tax rate.This payment must be made in conjunction with yours when we submit a request,regardless of the termination of our relationship.
9.5 You acknowledge and consent to the possibility that we may withdraw funds from your account to comply with internal regulations,mandates issued by tax authorities,or other limitations imposed by taxing authorities,as well as agreements with these organizations.
The entire sum of money
9.6 The application contains information regarding the terms of use,as well as the methods and deadlines for the payment of the principal,interest,transaction fees,and taxes associated with the loan.
9.7 The native currency of the Territory must be utilized for all transactions and expenditures.
10.1 The default result is as follows:
10.1.1 The loan will be terminated unless you have been declared bankrupt,the failure was the result of a technical or administrative error,or you have failed to make payments or installments(including all accumulated interest,transaction fees,and taxes)under a loan that was issued to you in accordance with these Terms of Use for a period of more than fifteen days.
10.2 In the event of a chronic default,we are entitled to the following in addition to any other rights or remedies that we may have under the applicable law:
10.2.1 Ensure that you adhere to the eleventh clause of the Terms of Use.
10.2.2 Declare that all monies owed in accordance with these Terms of Use must be paid in a punctual manner.This includes all incidental expenses,such as interest,taxes,and transaction fees,in addition to the loan.
10.2.3 Penalty interest will be assessed on the amount that was due but not paid,as specified in the application.This interest will be evaluated.
11.1 The provisions of these terms of use will remain in effect until they are fulfilled,as indicated in the preceding sentence.
11.2 In addition to the aforementioned provisions,we reserve the right to suspend or terminate your use of the System,the Service,and your Account in addition to these Terms of Service:
11.2.1 immediately upon notification receipt,irrespective of the time or cause;
11.2.2 You are obligated to immediately cease violating these terms of service,regardless of whether you have received a warning,without influencing our other rights and remedies.
11.2.3 In the event that your mobile money provider or cell network operator chooses to terminate your account or contract for any reason,you are entitled to the following:
11.2.4 In the event that your Account is required to be latent or inactive due to technical or security difficulties in order to accommodate ongoing modifications or enhancements to the Service's operation or the characteristics of its content;
11.2.5 If it is required by an order,suggestion,or order issued by a governmental body,regulatory agency,court,or other authorized entity;or
11.2.6 for any other reason that we deem necessary to suspend or terminate the Service's delivery,at our sole discretion.
11.3 In the event that these Terms of Service are rendered invalid or terminated for any reason,you will be responsible for the following:
11.3.1 You are required to promptly pay us any taxes,transaction fees,principal,or interest that you have not yet paid within three days of the agreement's termination.
11.3 It is imperative that you promptly and comprehensively eliminate the application from your mobile device.
11.4 The collective rights or responsibilities that either party has accrued will not be impacted by the termination.
11.5 The conditions of any specific clauses and any other clauses that expressly or tacitly stipulate their continuation will remain in effect even after these conditions of Use are terminated,unless their nature indicates that they should continue.
12.1 You are accountable for all claims,costs,damages,obligations,and expenditures(including legal fees and costs)that arise from or result from the following.You are required to indemnify us,our licensors,the affiliates,and each of their directors,employees,and agents against them.
12.1.1 Any law or condition in these terms of service that you have violated,as well as any other pertinent circumstances
12.1.2 The following is an illustration of how you employ the Service and/or the System:
(1)Claims initiated by third parties as a direct result of your use of the Service or the Application;
(2)Subsequently,any damages or compensation that may be sustained as a consequence of the utilization,misuse,exploitation,or acquisition of any third-party software,including operating systems,browser software,or other software programs;
(3)Unauthorized access to your account;loss,theft,or damage to your mobile device;deletion,alteration,or damage to your data;and
(4)Any losses or damages that may arise from your failure to comply with these terms of use,your provision of inaccurate information,the failure or unavailability of systems or facilities owned by a third party,or the inability of a third party to conduct a transaction.
Exclusion of Liability
12.2.We shall not be held liable for any losses you incur in the event that the Service is unavailable or if your mobile device malfunctions.Examples of disasters that fall under this category include terrorist attacks,equipment breakdowns,power outages,poor weather,and any failing of a public or private telecommunications system.This list is not,however,exhaustive.
12.3 You are aware that the application may not have been designed with your specific requirements in mind.Consequently,it is your responsibility to ensure that the software's features and functionalities adhere to the standards you have established.
12.4 The software is exclusively designed for personal use.You have come to the realization that we are not responsible for any business interruptions,lost opportunities,or profits that may occur.The Application is not to be used for any commercial,reselling,or business purposes,as this is an additional offense.
12.5 We expressly disclaim any and all liability for any damages or losses that you may suffer as a result of or in connection with:
12.5.1 Any malfunction or issue in the application or service that is the result of the modifications or alterations that you have implemented;
12.5.2 In the event that you violate these conditions of use by using the software in a manner that results in a problem or defect,
12.5.3 You have contravened Section 6.
12.5.4 Your mobile money account is inadequately funded.
12.5.5 The network,your mobile device,the system,or a Mobile Money System that is not functioning properly,stopping,or being inaccessible;legal actions or other restrictions on the transfer of funds or payments from your account;your inability to provide specific,unambiguous instructions for the transfer of funds or payments related to your credit card account.
12.5.6 Engaging in any activity that is illicit or dishonest with respect to your mobile device,the System,or the Service;or
12.5.7 You are knowingly and intentionally disregarding these Terms of Use,as well as any other information or material that we may have provided to you,by utilizing the System and the Service.
12.6 We shall not be held liable for any anticipated loss of profits or savings,or for any other indirect or consequential loss or damage associated with or resulting from the Service,even if we are aware of the possibility of such loss or damage.This is the case regardless of our awareness of the potential for such loss or impairment.
12.7 Our maximum liability will never exceed the Transaction Fees that you paid us in connection with the first event that gave rise to a claim under these Terms of Use.This is the case regardless of whether the claim pertains to a contract,tort,breach of statutory duty,or any other matter that is connected to the Application,the System,the Service,or these Terms of Use.
12.8 Failure to inform us of any claims you may have against us with respect to the App,the System,the Service,or these Terms of Use within six(6)months of the events that gave rise to those claims will result in the forfeiture of any rights and remedies you may have with respect to those claims.This is the case unless otherwise specified in these Terms of Use,and only to the extent that applicable law permits it.
By utilizing our services,you consent to receiving promotional communications from us.To request that you not receive such messages,please notify the sender of the specific communication that specifies your preference.
14.1 The Republic of Kenya's laws shall govern these Terms of Service and any issues that arise from or are linked to them,unless the law of your Territory explicitly specifies otherwise.This includes any allegation of violation or challenge to the legality or enforcement of these Terms of Service.
14.2 The arbitration shall be conducted in accordance with the current legislative framework in effect in the Republic of Kenya.
14.3 The arbitrator's decision is legally binding and enforceable against the parties to the greatest extent feasible.
14.4 This Section 14 shall not prohibit any party from initiating litigation of any kind or obtaining conservatory or interim relief from a court of competent jurisdiction until the arbitrator has issued a final decision or awarded a remedy.
15.1 We shall not be held responsible for any performance issues or delays that are the result of factors that are beyond our reasonable control.
15.2 In strict adherence to the conditions of this agreement,you warrant that you will never,ever provide any third party with access to any confidential information pertaining to our business,our suppliers,or our customers.
15.3 You acknowledge and agree that we may periodically assign,transfer,or partially transfer the rights of the loan lender in our sole discretion and without prior notification to you.You will remain responsible for the payments that we have designated,and your obligations under these Terms of Use will persist even after the transfer has been completed.
15.4 You are prohibited from transferring,assigning,sublicensing,subletting,or otherwise disposing of any rights or obligations that are outlined in these Terms of Use without our explicit written consent.We reserve the right to exercise this right at any time and without prior notice,and to assign,sublicense,transfer,or subcontract any and all of our rights and responsibilities in accordance with these Terms of Use.
15.5 In the event that a court or other relevant authority determines that any element of these Terms of Service is unlawful,invalid,or unenforceable,the remaining portions of these Terms of Service will continue to be in full force and effect.In its place,a clause that is both valid and enforceable and,to the greatest extent possible,achieves the same objective as the invalid section will be inserted.This clause will be valid and enforceable.
15.6 It is impossible for any individual who is not a party to these Terms of Use to enforce any of the requirements that are enumerated in them.
15.7 We may either publish a general notice on the system or application or contact the address you have specified in your account to notify you of any substantive modifications.To notify us,please send an email to customer_service@impikash.com.
15.8 Please do not hesitate to contact us at customer_service@impikash.com if you have any questions or comments regarding the System and Service.
It is the duty of each and every employee to engage in professional and ethical communication with consumers,irrespective of the circumstances.It is unlawful for customer service personnel,recovery agents,and loan collectors to subject customers or their contacts to disrespect,abuse,threats,or slander while attempting to resolve disputes or recover loans. Employees who engage in this behavior do so voluntarily, and they will be subject to the appropriate disciplinary action.
We are committed to helping Kenyans achieve their objectives in an ethical manner as a financial technology business(FinTech)that has been appropriately licensed.
We guarantee that all consumers who submit inquiries regarding our services receive a transparent and timely response by adhering to industry standards.This includes the following items:We ensure that all of our agents and customers receive information that is current,accurate,and comprehensive,and that it is presented in a clear and comprehensible manner.
(a)The most recent version of our service terms is available on our website at no cost.
(b)Services that are subject to predetermined tariffs or fees;information regarding these services is accessible on our website and on charge pages that are publicly posted in designated areas.
(c)The terms of service that are published on our website and accessible to all clients at the various access points.
(d)Providing customers who are affected by price adjustments with the option to either accept the revised terms or terminate their current agreements in accordance with the legally binding terms and conditions.
We comply with the regulations established by the relevant authorities in the context of telemarketing and honor the customer's preference for whether they wish to be contacted("call"or"non-call").Prior to sending unsolicited calls or texts,we obtain the customer's consent and provide them with the opportunity to decline receiving such communications.We guarantee that all information is communicated in a clear and concise manner,including our identity,the specifications of our product or service,and the customer's right to rescind within seven days.
We guarantee that the costs can be precisely verified.The term"billing"in this context pertains to the registration and processing procedures of the Licensee.
21.1 If necessary,we will provide information on the procedures we employ to resolve complaints in a variety of formats,including digital and printed documents.
21.2 This data will be presented in a manner that is easily comprehensible and will contain all relevant information regarding our complaint management procedures.
21.3 In order to ensure that alternative dispute resolution(ADR)is promptly accessible,our policy regarding the grievance procedure will be publicly available and openly accessible.
21.4 Customer service representatives will furnish comprehensive instructions on how to submit a complaint through the designated channels.
Our complaint filing process is designed to ensure that customers can promptly contact us to voice their grievances and that they do not inadvertently choose not to register a complaint.The following topics will be addressed during the complaint filing process: customer_service@impikash.com.
A customer consents to be legally bound by our terms of service by signing a service agreement or otherwise publicly acknowledging them.It is presumed that they have acknowledged our terms of service if they are provided with a concise explanation prior to utilizing the service.Clients grant us permission to refrain from pursuing legal action against us in response to any actions taken by the company to collect overdue loans.