Pesa Square APP Terms and Conditions
1. These Terms constitute a contract. You are required to accept our terms and conditions every time before availing a loan.
2. You must keep your account secure. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur through the use of your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
3. You expressly agree that, as part of the Service, you may, from time to time, receive communications from us via text message (SMS) or email, including our promotional newsletters or other information about the Service. You may stop receiving promotional messages by following the opt-out instructions in the message. Even if you choose to opt out of receiving promotional messages, you may not opt out of receiving service-related messages.
4. You must respect our rights in the Service. We grant you a limited, non-transferable, personal right and license to use the Service and any associated software application through which it may be provided. You must not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software (except as, and only to the extent that, any of the foregoing restrictions are prohibited by applicable law or to the limited extent permitted by the licensing terms governing use of any open sourced components included within the software).
5. We may discontinue the Service. We may in our sole discretion and at any time terminate your access to the Service or discontinue providing the Service or any part of the Service, with or without notice. You agree that we will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.
6. We are not liable for any damages you may incur. IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY LOAN OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
7. This contract is based on Kenyan law. These Terms are subject to, and shall be governed by, and construed in accordance with the laws of the Republic of Kenya, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of these Terms shall be submitted to arbitration in the English language before a sole arbitrator to take place in Nairobi, Kenya as the seat of the arbitration. The arbitration shall be conducted pursuant to the Rules of Arbitration of the Chartered Institute of Arbitration (Kenya Chapter). The arbitrator shall be appointed by agreement between the parties or in default of such agreement within sixty (60) days of the notification of a dispute, by the Chairman of the aforementioned arbitral body. To the extent permitted by applicable law, the arbitral decision shall be final and binding on the parties
8. We may modify these Terms. These Terms may be modified without notice at any time in the future.
9. You hereby agree and authorise the company to obtain and procure your personal information obtained in the IPRS from the Govt. of Kenya and you further agree and consent to the disclosure and provision of such personal information by the Govt. of Kenya to the company.
10. You warrant that the information given in this application form is true and complete and you further agree and authorise the company to obtain, procure and share your personal information/data to/from Metropol Data Services (MDS) Ltd, or any other external database.
11. Acceptance by the company of your application for a loan shall be done via SMS sent to the Safaricom mobile no. registered by you with the company.
12. The company reserves the right to decline your application for a loan or to revoke the same at any stage at the company’s sole discretion and without assigning any reason or giving any notice thereto.
13. You hereby irrevocably authorise the company to act on all requests received by the company from you (or purportedly from you) through the system and to hold you liable in respect thereof.
14. Subject to approval of your application for a loan, the company shall disburse you a loan of an amount to be determined by the company in its sole discretion subject to a maximum amount of Kenya Shilling one hundred thousand (Ksh 100,000) or such other maximum amount as the company may from time to time in its sole discretion determine.
15. The company will directly credit the loan proceeds to your MPESA account.
16. You agree to and shall release from and indemnify the company against all claims, losses, damages, costs and expenses howsoever arising in consequence of or in any way related to the company having acted in accordance with the whole or any part of any of your requests.
17. In consideration of the company granting you a loan, the company shall deduct interest and transaction cost of Ksh 60 per disbursement upfront from the loan amount. The interest shall be as under: —
i) 7 days Loan at 5% flat
ii) 15 days Loan at 6% flat
iii) 30 days Loan at 8% flat
18. In case, the loan is not paid off fully, the company shall automatically roll over any outstanding amount at applicable interest rate for a period of 7/15/30 days plus a penalty interest of 2%. In case, the loan is not paid off within the rolled over period, the loan shall be treated as a Default and shall attract interest rate of 10%, 12% and 15% for every 7days, 15 days and 30 days loan periods respectively and the company may list you as a defaulter with the CRBs after giving you a notice of 30 days to this effect.
19. You further release the CRB, MDS and Al Qasr Investments Ltd and its officers, employees and agents from all claims, actions or proceedings of whatsoever nature and howsoever arising, suffered or incurred in connection with this sharing and access for the purpose afore stated.
20. You hereby authorise the company to avail any funds available to you from your employer in order to pay off the loan outstandings in case of loan default or under circumstances which the company feels that the loan is likely to default. Further, in case of death, the outstandings devolve on the heirs and can be recovered from them.
21. The company shall be at liberty to engage the services of any debt collector whose charges shall be payable by you.
22. You confirm that you have read and understood the standard trading terms and conditions (as amended time to time) and agree to be bound by them. You agree that you are liable for amount outstanding at any time in the account.
