Introduction

These Terms & Conditions (T&C) constitutes an agreement between the client (the “End-user”), any user who accesses this service via USSD or Mobile App Channel and AFRESA SACCO Limited (the “Company”), a company offering Loan Solution to be accessed through USSD and Mobile App Channels or Actual Visit to our Offices. The System Provisioned for Accessing some of the Loan Services is referred to here as AFRESA SACCO.
AFRESA SACCO is a software product provided by the Company which allows the End User to obtain financial services including Credit Facilities, Save or Even Pay Bills. These financial services are provided on AFRESA SACCO platform by AFRESA SACCO Limited. AFRESA SACCO Limited is referred to here as a Lender.
Credit Appraisal for advancement of credit facility is done by the Lender using information retrieved by the system from internal as well as external sources. The internal sources include loan History of the End-user in the AFRESA SACCO System. External Source includes credit rating reference bureaus. It is the lender’s soul discretion to advance a loan to the End-user.
The Loans advanced to the end user attract Interest (and or Charges) determined by the Lender and any request for a loan product means you accept the Interest (and or Charges) levied on that Loan Product.
The End-user is required to pay back the Credit Advanced together with the Interest (and or Charges) levied according to the repayment schedule specified at the time of applying for the Credit Facility. The terms of each Credit Facility, including the amount, repayment schedule, any Interest (and or Charges) will be displayed during the Credit Application Process.

Definitions and Interpretation

In these T&C the following words and expressions shall, except for where the context otherwise requires, have the following meanings:-

• “Account” means the End User’s AFRESA SACCO account;
• “Business Day” means a day other than a Saturday, Sunday or gazetted holiday in Kenya;
• “Credit Facility” means a loan provided by AFRESA SACCO Limited under these T&C
• “Loan” means the total sum of the Service Fee and the principal amount of the Credit Facility made or to be made by AFRESA SACCO Limited to the End User under these T&C and also includes any accumulated penalties or any amount as may be advised by the Lender from time to time;
• “Network” means a mobile cellular network operated by a Mobile Network Provider;
• “Personal Information” means the End User’s information such as phone number, name, date of birth, identification number or passport number and any other such information that will enable the Lender to identify the End User and comply with the required "Know Your Customer" requirements;
• “Request" means instructions received by the Lender from the End User or purportedly from the End User through the Network and the System and upon which the Lender is authorized to act;
• “Services" shall include any form of services or products that the Lender may offer to the End User pursuant to these T&C as the End User may from time to time subscribe to and "Service" shall be construed accordingly;
• “SMS" means a short message service relayed through a mobile network consisting of a text message transmitted to or from the End User’s mobile phone;

• “He" is used to refer to the End-user of whatever gender

Acceptance of T&C

The End User is considered to have accepted these T&C if he proceeds to complete registration into the AFRESA SACCO System or request a loan facility.
These T&C does not override any right the Lender has over AFRESA SACCO as a service provided to the End-user.
These T&C may be amended or varied from time to time and the continued use of the Services constitutes the End User’s acceptance to be bound by the existing terms at the time of use.
By using the Services, the End User consents to:-
- The Lender collecting and using any Confidential Information;
- Transmission, collection, retention, maintenance, processing and use of any data to determine credit scoring services or to improve the Services.
- Allow the Lender to carry out credit checks with or obtain End-user’s credit information from any credit reference bureau or Mobile Network Operator.
- Allow the Lender to forward the End-user’s name, transaction and default details to any credit reference bureau or Network Mobile Operator for listing in the event of a default in a repayment.

End User’s Usage of AFRESA SACCO

The Lender grants to the End User a non-transferable, non-exclusive license to use the AFRESA SACCO USSD and/or the App within the terms of this T&C.
Except as expressly set out in these T&C, the End User agrees:-
- not to make alter or modify the whole or any part of the App or permit the App or any part of it to be combined with, or become incorporated in any other program;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the AFRESA SACCO App;
- not to use AFRESA SACCO App or USSD in any unlawful manner or in any manner inconsistent with these T&C, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any other part of AFRESA SACCO System;
- not to infringe the Lender’s intellectual property rights or those of any third party in relation to the use of any part of AFRESA SACCO System (to the extent that such use is not licensed by these T&C);
- not to transmit any material that is defamatory, offensive, infringes on the right of others, illegal or otherwise objectionable in relation to the use of any part of AFRESA SACCO System;
- not to use any part of the system in a way that could damage, disable, overburden, impair, compromise the functionality or security of AFRESA SACCO system or any other systems associated with AFRESA SACCO, or interfere with other users;
- not to collect or gather any information or data from any part of AFRESA SACCO System or any other system associated with AFRESA SACCO or attempt to decipher any transmissions to or from the servers running any component of AFRESA SACCO;
- not to use any part of AFRESA SACCO System in a manner which is prejudicial to the Company or the Lender.

Intellectual Property Rights

All intellectual property rights in AFRESA SACCO belongs to the Company anywhere in the world

Use of the Services

The Services can only be utilized by persons who are of a majority age.
The Company and Lender reserves the right to verify the authenticity and status of the Mobile Money Account with the relevant Mobile Money Provider.
The Lender and the Company reserves the right to decline or revoke applications for a loan facility at any stage at its sole and absolute discretion and without assigning any reason or giving any notice thereto.

Personal Information

The End User hereby agrees and authorizes the Lender and the Company to verify information provided by the End-user against information held by third parties

Requests made by the End-user

The End User hereby irrevocably authorizes the Lender and Company to act on all Requests received from them (or purportedly from them) through the System and to hold the End User liable in respect thereof. The Lender and Company may, nevertheless, refuse to carry out any Requests in their sole and absolute discretion.
The Lender or the Company 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 the Lender’s or Company’s absolute discretion, it believes that it can correct the incomplete or ambiguous information in the Request without any reference to the End User being necessary.
The Lender or the Company shall be deemed to have acted properly and to have fully performed all the obligations owed to the End User notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and the End User shall be bound by any Requests on which the Lender may act.
The End User agrees to and shall fully release and indemnify the Lender or the Company against all claims, losses, damages, costs and expenses, howsoever arising in consequence of, or in any way related to the Lender having acted (or failed to act) in accordance with the whole or any part of any of the End User’s Requests.
The End User acknowledges that the Lender shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on End User’s account by the fact of the knowledge and/or use or manipulation of Account PIN, password, ID or any means whether or not occasioned by the End User’s negligence.
In the event of any conflict between any terms of any Request received by the Lender from the End User and these T&C, the latter shall prevail.

Default on a Credit Facility

At any time after Loan Default has occurred, the Lender may, without prejudice to any other right or remedy granted to it under any law:
- engage an external collections agency to seek repayment; or
- get indemnification upon demand against any reasonable loss or expense, which it may incur as a consequence of a Credit Facility Default.

Account Termination

The Lender may at any time and without any notice, terminate or vary these T&C or the business relationship with the End User or/ and close the End User’s Account.
The Lender may without any loss of any Charges recall a Credit Facility which it has granted and require the repayment of outstanding debts resulting from such Credit Facility.
Without prejudice to any other rights under this clause, the Lender may, at its sole discretion, suspend or close an Account:-

• if it is used by unauthorized persons for unauthorized purposes or where the Lender detects or reasonably suspects any abuse/misuse, breach of content, fraud or attempted fraud relating to the use of AFRESA SACCO Services;
• if it is required or requested to comply with an order or instruction of or a recommendation from the Government, court, regulator or other competent authority;
• if it reasonably suspects or believes that the End User is in breach of these T&C (including non-payment of any Credit Facility amount due);
• where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety to facilitate, update or upgrade the contents or functionality of the Services from time to time;
• where the End-user’s Account becomes inactive or dormant;
• if it (The Lender) decides 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 the Lender receives notice of the death of an End User, the Company or the Lender will not be obliged to allow any operation or withdrawal from the End User’s Account by any person except upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by the End User’s legal representatives duly appointed by a court of competent jurisdiction.

Indemnity and Limitation of Liability

The End User hereby fully indemnifies the Lender and the Company for any loss or liability that it may face or suffer as a result of breach of any provisions (implied or express) of these T&C by the End User.
The Company shall not be liable whosoever for any loss or liability (howsoever occurring) faced or suffered by the End User or any other person in the course of provision of the Services by the Lender or the Company.
The Company shall not be liable for any loss of profits or anticipated revenue or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the provision of the Services.

Communication to the Company

All notices to the Company shall be send to info@pesatechsolutions.com or to such e-mail address that may be communicated to the End User from time to time.
All notices to the End User from the Company shall be send to the End User’s email or by SMS to the mobile phone number that the End User has provided the Company at the time of the application.

Additional Details

Should any dispute arise between the Parties with regard to any one or more of the provisions of these T&C, the dispute shall be resolved under provisions of the Kenyan Arbitration Act, 1995 (as amended from time to time or replaced by a subsequent enactment);
the arbitration tribunal shall consist of One (1) arbitrator to be appointed by the Company within Ten (15) Business Days of the first date when any Party gives notice of the identity of the proposed arbitrator;
the place and seat of arbitration shall be Nairobi and the language of arbitration shall be English;
the award of the arbitration tribunal shall be binding upon the Parties to the extent permitted by law and any Party may apply to a court of competent jurisdiction for enforcement of such award. The award of the arbitration tribunal may take the form of an order to pay an amount or to perform or to prohibit certain activities; and
notwithstanding the above provisions of this clause, a Party shall be entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrator.
The arbitrator will advise on the costs.
While the Company shall take reasonable care to ensure that the Confidential Information is not divulged to unauthorized parties, it shall not be liable if this is not achieved.