Terms of Use

Regarding these Terms of Use

Please exercise caution when reviewing these Terms of Use, as they function as both an electronic financial service agreement and an end-user license agreement. You acknowledge that you have read, comprehended, accepted, and consented to these Terms of Use by registering for or utilizing any aspect of the Tash service ("Service"). Your participation in any aspect of the Service indicates your agreement to and adherence to these terms. You are prohibited from accessing or utilizing any aspect of the Service if you do not consent to these Terms of Use. These Terms of Use are a legally binding agreement between the Tash service ("We," "Us," or "Our") and you, an individual user ("You" or "Your"). Upon their publication, these Terms of Use, as well as any subsequent amendments or variations, will be effective.

Your Obligations/Warranties

You confirm to us that:

2.1 You are legally obligated to agree and comply with these Terms of Use.

2.2 You will promptly notify us of any violations and will comply with all Applicable Laws and these Terms of Use.

2.3 The System and Service will be used exclusively for lawful purposes and in accordance with their intended purpose.

2.4 The documents, personal information, and credentials you submit are accurate, current, comprehensive, and not misleading.

2.5 Authorized internet access points and accounts will be employed.

2.6 You will refrain from engaging in any fraudulent activities.

2.7 You will not obstruct the System's operation.

The Requests You Make

4.1 By granting us irrevocable authorization, you give us the authority to act on all Requests that are received from you (or purportedly from you) through the System, and you assume full responsibility for their fulfilment.

4.2 We reserve the right to decline any loan application Request from you, regardless of whether you have previously received a loan from us.

4.3 We retain the right to approve and process any Request, regardless of its incompleteness or ambiguity, if we are of the opinion, at our sole discretion, that we can rectify the incomplete or ambiguous information without requiring your input.

4.4 We are considered to have fulfilled all of our obligations to you in a timely manner, irrespective of whether the Request was initiated, sent, or communicated in error or fraudulently. If we acted in good faith, believing that the instructions were from you, you are obligated to comply with any Request that we act upon.

4.5 We may decline to comply with any aspect of your Request at our sole discretion, pending further investigation or confirmation (whether in writing or otherwise) from you.

4.6 You consent to indemnify and hold us blameless from any claims, losses, damages, costs, and expenses that may result from our execution of any portion of your Requests or our failure to exercise the discretion that has been granted to us.

4.7 You acknowledge that, to the extent permitted by Applicable Law, we shall not be held responsible for any unauthorized transactions, transfers, disclosures, or activities on your account that are the result of the knowledge, use, or manipulation of your account PIN, password, ID, or any other means, regardless of whether such actions were the result of your negligence.

4.8 We are authorized to execute orders pertaining to your Account that are mandated by any court, competent authority, or agency in accordance with Applicable Law.

4.9 In the event of a conflict between the terms of any Request received from you and these Terms of Use, these Terms of Use shall prevail.

Your Utilization of the System

Acknowledged and Reserved Rights

5.1 During the term of these Terms of Use and within the Territory, we and our licensors (if any) grant you a revocable, limited, non-exclusive, non-transferable, royalty-free license to access and utilize the System for personal use in acquiring the Services we offer, provided that you comply with these Terms of Use.

5.2 We and our licensors (if any) reserve all rights that are not expressly granted to you under these Terms of Use. These Terms of Use do not transfer ownership of the System to you, either in its entirety or in part.

Conduct that is strictly prohibited:

5.3 The following are prohibited as a condition of using the System:

5.3.1 License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the System to any third party in anyway.

5.3.2 Access, modify, create derivative works from, or reverse engineer the fundamental software for any purpose.

5.3.3 Employ the System to create a product that is competitive, similar to the System, or to copy System ideas or features, or to initiate an automated program that imposes an excessive burden on the System.

5.3.4 Make an attempt to gain unauthorized access to the System or associated networks.

5.3.5 Without authorization, extract or reproduce the content or structure of the system.

5.3.6 Distribute, reproduce, or post copyrighted material or trademarks without obtaining prior consent.

5.3.7 Utilize the System for fraudulent or unlawful purposes.

5.3.8 Distribute spam or other unsolicited communications.

5.3.9 Distribute or store computer code that is detrimental.

5.3.10 Disrupt the integrity or performance of the system.

5.3.11 Falsify affiliations or impersonate others.

5.3.12 Inaccurately report the location.

5.3.13 Submit inaccurate personal information.

5.3.14 Inflict harm on our reputation or that of our Group Companies.

5.3.15 Intercept transmissions or collect data from our systems or Services.

Your Account

7.1 Registration and maintenance of an Account are prerequisites for accessing the System.

7.2 You are accountable for all activities that occur on your Account. Particularly:

7.2.1 Only one account should be maintained.

7.2.2 Maintain the confidentiality and security of account information.

7.2.3 Do not permit others to access your account.

7.2.4 Report any unauthorized use of the Account promptly.

Your Duties

8.1 You are responsible for the secure and efficient operation of your Mobile Device in order to access the System and the Service, at your own expense.

8.2 It is your responsibility to guarantee that your mobile device functions properly. We are not responsible for any computer viruses or related issues that may arise from your use of the System, the Service, or the Mobile Device, nor for any errors or malfunctions caused by your Mobile Device malfunction. We are not responsible for any losses or delays caused by network service providers that facilitate your connection; you are responsible for the charges.

8.3 The Application is accessible via your mobile device. You are responsible for ensuring that the appropriate application is downloaded to your mobile device. We are not liable if your device is incompatible or does not have the most recent version of the Application.

8.4 You are required to promptly notify us and adhere to our established procedures in the event that your Mobile Device is lost, stolen, broken, or no longer in your possession, resulting in the disclosure of your Account information and Credentials to others or effecting our legal rights and remedies. We are not responsible for any disclosure of your Account information and Credentials to third parties, and you agree to hold us harmless from any resulting losses.

8.5 You are solely responsible for the maintenance of a sufficient internet and mobile plan, as well as for any fees imposed by your Mobile Service Operator, such as telephone, SMS, and internet data charges. You acknowledge that the System may devour a substantial amount of data, and you are solely responsible for the associated costs and usage.

8.6 You are required to comply with all of the instructions, procedures, and terms specified in these Terms of Use and any documents we provide regarding your use of the System and the Service.

8.7 It is your responsibility to implement reasonable measures to identify unauthorized utilization of the Service and the System. Consequently, you are required to promptly review and verify all communications sent by us upon their receipt in order to identify any unauthorized access to the System. You are required to notify us immediately in the event that:

8.7.1 You have reason to believe that your credentials have been compromised or are known to unauthorized individuals; and/or

8.7.2 You have reason to believe that unauthorized use of the Service has occurred, is currently underway, or may occur, potentially involving fraudulent transactions.

8.7.3 You are required to consistently comply with the security procedures that we communicate periodically or any other procedures that are relevant to the Service. You acknowledge that the confidentiality of your Account may be compromised if you do not adhere to the recommended security procedures. In particular, it is your responsibility to prevent unauthorized individuals from utilizing the Service, submitting Requests, or performing pertinent functions.

Termology of Finance

Transaction fees and interest

9.1 The Application will display the interest you are responsible for on any loan. In the interim, we retain the right to impose and collect transaction fees that are associated with your use of the Service, and to modify these fees as necessary. Details will be displayed in the Application if we decide to implement new transaction fees or modify existing ones. A reasonable endeavor will be made to provide you with advance notice of any modifications to transaction fees, which may include posting notices on the Application.

9.2 All payments made under these Terms of Use must be made in full, without any deductions or counterclaims, and, unless otherwise mandated by law, free of any withholding. You are required to promptly provide us with additional funds in the event that you are required to deduct or withhold any payment from us. This will ensure that we receive the full amount we would have received had these actions not been taken.

9.3 In the event that you fail to submit payments by the due date, we reserve the right to charge late fees on the loan amount at a rate that is disclosed on the App in advance.

Taxes

9.4 The calculation of all payments under these Terms of Use and the Loan is exclusive of any taxes that you are responsible for paying. If taxes are due on a payment, you are required to pay us an additional amount that is equivalent to the payment multiplied by the applicable tax rate. This payment must be made in conjunction with your payment or at our discretion, even after the relationship has ended.

9.5 You acknowledge that we may withhold amounts from your Account in order to comply with internal policies or mandates from taxing authorities, or as required by a taxing authority, pursuant to law or agreements with such authority.

Disbursements

9.6 You are obligated to pay the principal, interest, transaction fees, and taxes associated with the Loan and these Terms of Use by the methods and due dates specified in the Application.

9.7 The local currency of the Territory must be used to make all payments.

By default

10.1 A default is established when:

10.1.1 fail to make any payment or installment (including all accrued interest, transaction fees, and taxes) due under a loan granted pursuant to these Terms of Use for a cumulative period of fifteen (15) days, unless such failure is solely due to an administrative error or technical issue; or are declared bankrupt.

10.2. In the event of an ongoing default, we may, without prejudice to any other rights or remedies that we may have under applicable law:

10.2.1 These Terms of Use shall be terminated in accordance with Clause 11 of this document.

10.2.2 Declare the Loan (including all accrued interest, transaction fees, taxes, and any other outstanding amounts under these Terms of Use) promptly due and payable.

10.2.3 Notify related authorities of the default event. You are entitled to a copy of any adverse information regarding you and your credit information that has been submitted to related authorities upon submission of a written request.

10.2.4 You will be subject to late fees at the rate specified in the Application in the event of a payment default.

Termination and Term

11.1 These Terms of Use shall be in force until they are terminated in accordance with their terms.

11.2 We reserve the right to terminate these Terms of Use and/or suspend or terminate your use of the System, the Service, and your Account, either in full or in part:

11.2.1 at any time, for any reason, upon your notification;

11.2.2 Without prejudice to our other rights and remedies, we may terminate your account immediately, with or without notice, if you violate any provision of these Terms of Use.

11.2.3 In the event that your account or agreement with a Mobile Network Operator or Mobile Money Provider is terminated for any reason;

11.2.4 in the event of technical issues or security concerns, to facilitate periodic updates or enhancements to the Service's content or functionality, or if your Account becomes inactive or dormant;

11.2.5 If required to comply with an order, directive, or recommendation from a governmental, judicial, regulatory, or other competent authority; or

11.2.6 We reserve the right to suspend or terminate the Service for commercial or any other reason at our sole discretion.

11.3 If these Terms of Use are terminated or expire for any reason, you are required to:

11.3.1 We shall promptly settle any principal, interest, transaction fees, or taxes that are owed to us (which shall become immediately due and payable upon termination) within a maximum of three days.

11.3.2 Immediately uninstall and completely remove the application from your mobile device.

11.4 Neither party's accrued rights or obligations shall be impacted by the termination.

11.5 The provisions of certain clauses, along with any other clauses that explicitly state or inherently imply their continuation, will remain in effect even after the termination of these Terms of Use, unless explicitly stated otherwise or if their nature suggests they should persist.

Liability Exclusion and Indemnification

Liabilities

12.1 You hereby consent to the defense, indemnification, and holding harmless of us, our licensors, each party's respective Affiliates, and their directors, members, employees, and agents from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) that arise out of or related to:

12.1.1 Your violation of any provision of these Terms of Use or any applicable law; and

12.1.2 Your utilization of the Service and/or the System, which encompasses:

12.1.2.1 Claims by third parties that result from your use of the Service and/or the System;

12.1.2.2 Losses or damages that result from your use, misuse, abuse, or possession of any third-party software, such as operating systems, browser software, or other software packages or programs;

12.1.2.3 Unauthorized access to your Account, violations of security, or any unauthorized destruction or access to your data, or any loss, theft, or damage to your Mobile Device; and

12.1.2.4 Losses or damages that arise from your failure to comply with these Terms of Use and/or from the provision of inaccurate information, or losses that result from the failure or unavailability of third-party facilities or systems, or from the inability of a third party to process a transaction, or any loss incurred by us as a result of any breach of these Terms of Use.

Liability Exclusion

12.2 We shall not be held responsible for any loss you incur as a result of the Service being interrupted or rendered unavailable due to the failure of your Mobile Devices or other circumstances beyond our control, such as but not limited to terrorism, acts of God or force majeure, errors, interruptions, delays, or unavailability of the System, equipment failures, power outages, adverse weather conditions, or the failure of any public or private telecommunications system.

12.3 You acknowledge that the Application has not been developed to satisfy your specific requirements, and it is your responsibility to ensure that the features and functionalities of the Application as described meet your requirements.

12.4 The Application is intended for personal use only. You consent to refrain from utilizing the Application for any commercial, business, or resale purposes, and we expressly disclaim any liability for any loss of profit, business, interruption, or business opportunity.

12.5 We shall not be held responsible for any loss or damage that you may incur as a consequence of or in connection with:

12.5.1 Any defect or failure in the Application or any Service that is the result of your modification or alteration of the Application;

12.5.2 Any defect or malfunction in the Application that is the result of your use of the Application in violation of these Terms of Use;

12.5.3 Your violation of Clause 6 herein;

12.5.4 Insufficient funds in your Mobile Money Account;

12.5.5 Failures, malfunctions, interruptions, or unavailability of the System, your Mobile Device, the network, or a Mobile Money System; legal processes or other restrictions on payments or transfers from your Account; your failure to provide adequate or complete instructions for payments or transfers related to your Account;

12.5.6 Any fraudulent or unlawful use of the Service, the System, and/or your Mobile Device; or

12.5.7 Your failure to adhere to these Terms of Use or any document or information that we have provided regarding your use of the Service and the System.

12.6 We shall not be held liable to you for any anticipated loss of profit or savings, or for any indirect or consequential loss or damage of any kind, regardless of the cause, that arises from or in connection with the Service, even if we have been informed of the possibility of such loss or damage.

12.7 Our maximum aggregate liability in connection with the Application, the System, the Service, and/or these Terms of Use, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed the Transaction Fees paid by you to us in connection with the first event giving rise to a claim under these Terms of Use, to the fullest extent permitted by Applicable Law and except as otherwise provided in these Terms of Use.

12.8 Unless otherwise specified in these Terms of Use, you must notify us of any claim you may have against us regarding the App, the System, the Service, or these Terms of Use within six (6) months of the events that gave rise to the claim. Failure to do so will result in the waiver of any rights and remedies you may have in relation to the claim, to the fullest extent permitted by Applicable Law.

I consent to the receipt of direct marketing communications.

You agree to receive direct marketing communications from us by using our Services. If you would prefer not to receive these communications, you may specify your preference in the appropriate communication.

Disputation Resolution

14.1 The Republic of Kenya's laws shall govern these Terms of Use (and any disputes that may arise from or relate to them, including any alleged breach or challenge to their validity or enforceability), unless the law of your Territory mandates otherwise. In such cases, the prevailing law of these Terms of Use shall be the law of your Territory.

14.2 The arbitration shall be conducted in the Republic of Kenya in accordance with the statutes of the Republic of Kenya.

14.3 The arbitrator's decision shall be final and binding on the Parties to the fullest extent permitted by law.

14.4 This Section 14 shall not restrict any Party's ability to initiate legal proceedings of any kind to seek interim or conservatory relief from any court of competent jurisdiction pending the final decision or award of any arbitrator.

In general

15.1 We shall not be held responsible for any delays or failures in performance that are the result of circumstances that are beyond our reasonable control.

15.2 You consent to the non-disclosure of any confidential information regarding our business, affairs, consumers, or suppliers to any individual at any time.

15.3 You acknowledge that we may, at our sole discretion and without prior notice to you, assign, transfer, or partially transfer the rights of the loan lender from time to time ("Transfer"). Your obligations under these Terms of Use shall not be affected by such a transfer, and you are obligated to make payments in accordance with the instructions provided by us through the Application.

15.4 Without our prior written consent, you are prohibited from assigning, sublicensing, transferring, subcontracting, or disposing of any rights or obligations under these Terms of Use. Except where prohibited by Applicable Law, we reserve the right to assign, sublicense, transfer, subcontract, or dispose of our rights or obligations under these Terms of Use at any time without prior notice.

15.5 The remaining provisions of these Terms of Use shall remain in full force and effect if any part of them is declared illegal, invalid, or unenforceable by a court or competent authority. The invalid portion shall be replaced with a legal, valid, and enforceable provision that, to the greatest extent feasible, obtains the same result as the invalid portion.

15.6 The rights to enforce any of the terms of these Terms of Use are reserved exclusively for the parties involved.

15.7 We may inform you of changes by sending an email to the address specified in your Account or by posting a general notice on the App or System. Please notify us by sending an email to help.kenya@wakanda-credit-limited.com.

15.8 The c help.kenya@wakanda-credit-limited.com should be the recipient of all complaints and suggestions regarding the System and Service.

Disciplinary Procedure for Loan Collection Communication with Customers

Regardless of the circumstances, all staff members are obligated to exhibit ethical conduct and professionalism when communicating with clients. While recovering loans or addressing issues, Loan Collectors/Recovery Agents/Customer Service Agents must refrain from insulting, abusing, disrespecting, defaming, or menacing customers or their contacts in any manner. Any employee who engages in such behavior acts independently and will be subject to the corresponding repercussions.

Customer Information Provision

We guarantee that all agents and customers receive comprehensive, precise, and current information in a manner that is both comprehensible and logical, in accordance with current best practices. We make every effort to provide consumers with information about our services in a timely manner, and we do so at no cost. This encompasses:

(a) Our website provides access to the most recent service terms, which include fees.

(b) Services are subject to regulated pricing or tariffs, with specifics available on published fee pages at designated offices and our website.

(d) Notification of any modifications to service rates to affected customers, who are then given the option to either accept the new terms or terminate their existing arrangements in accordance with the relevant terms and conditions.

Telemarketing upon request

We refrain from participating in unsolicited telemarketing without the following:

(a) Initially disclosing our identity and the purpose of the communication.

(b) Providing a comprehensive description of any product or service that is discussed during the communication.

(c) Unless the product or service has already been provided and utilized, recipients are informed of their absolute right to terminate the service within seven (7) days by calling a specified customer service number.

We also adhere to the regulations and guidelines established by competent authorities and conduct telemarketing in accordance with consumer "call" or "non-call" preferences that are recorded during or after the signing of the service contract. Furthermore, we guarantee that:

(a) Without customer consent, no unsolicited service messages are transmitted via SMS or voice calls.

(b) Customers are permitted to decline the receipt of any unsolicited service messages via SMS or voice calls.

(c) All unsolicited service messages, whether via SMS or voice calls, are structured to enable customers to either opt-out entirely or specify the categories they desire to receive, as per their preference.

Handling Complaints

i. As necessary, we will furnish information regarding our complaint resolution procedures in a variety of formats, such as hard copy and web-based formats, that are readily accessible.

ii. This information will be presented in a manner that is both clear and comprehensible, and it will include all pertinent details regarding our complaint management procedures.

III. Our policy on complaint handling will include grievance procedures that are transparent and easily accessible, thereby enabling effective access to Alternative Dispute Resolution (ADR).

IV. The process for filing a complaint will be explicitly communicated to consumers, either in person at our location or through the use of designated communication methods.

v. Details regarding our complaint-handling procedures will be provided:

(a) regarding the right of consumers to file complaints;

(b) information on how to submit a complaint to us;

(d) All complaints will be recorded and handled in accordance with the established policies and procedures.

Process for Filing Complaints

We will guarantee that our procedures for receiving and addressing complaints do not serve as an unnecessary deterrent to consumers from submitting complaints. Complaints will encompass the following:

a. An email address;

b. For consumer access, we have included a web link on our website.

Consumer Obligations

Customers are subject to our terms of service upon the execution of a service agreement or the explicit acceptance of our terms of service in any form. Upon commencing service use, customers are considered to have accepted our terms of service, provided that they have received a clear explanation of these terms from us. Customers consent to refrain from commencing legal proceedings against us in response to the company's efforts to recoup delinquent loans.