Terms and conditions
Terms and Conditions of APFKash Mobile Application Services
By downloading and clicking on the “Accept” button or continuing to use APFKash Mobile Application, you will be deemed to have read, understood and accepted these terms and conditions. This agreement sets out the partial terms and conditions (hereinafter called “The Terms and Conditions”) which shall be applicable to the APFKash Mobile App.
Definition of Terms
In these terms and Conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:
- “The Company” means APFKash Limited, and includes subsidiaries of the company and its successors and assigns as may be from time to time
- “Mobile Application” or “Application” or “the App” means APFKash software application currently available for free download and installation on a mobile phone from Google Play Store under the name APFKash
- “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, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information;
- “Request” means a request or instruction received by the company from you or purportedly from you through the application and upon which the company is authorized to act
- “Safaricom” means Safaricom Limited
- “M-PESA Service” means the money transfer and payments service provided by Safaricom through the M-PESA System;
- “Services” shall include any form of financial services or products that the company may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;
- We,” “our,” and “us,” means the company and includes the successors and assigns of the company
- “You” or “your” means the Customer and includes the personal representatives of the Customer
- “Customer” shall include the masculine and the feminine gender as well as juristic persons;
- Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
Use of the Mobile Application
You hereby irrevocably authorize the Company to act on all requests received by the company from you (or purportedly from you) through the mobile application and to hold you liable in respect thereof.
In consideration of The Company complying with your instructions or Requests from the application, you undertake to indemnify the company and hold it harmless against any loss, charge, damage, expense, fee or claim which the company suffers or incurs or sustains thereby and you absolve the company from all liability for loss or damage which you may sustain from the company acting on your instructions or requests or in accordance with these Terms and conditions.
Costs and Charges
The Application is provided free of charge. If you are using the application outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the application, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if your use the app while outside of your home territory (i.e. region or country) without turning off data roaming. However, all communications cost associated with accessing the Mobile App are your mobile provider’s data rate charges.
Users use the Mobile Application at their own risk and all responsibility for any liability or loss from the installation or use of the APFKash mobile App rests with the user and the company accepts no liability whatsoever for any loss recovery.
You promise that you will pay your loan on time as per the loan schedule presented within the application at the time of borrowing. In the event of loan default, the company has the right to forward your details for blacklisting to any or all the registered Credit Reference Bureaus (CRB’s) as it may deem fit.
The company may at any time give you notice in writing that if an accrued debt is not paid within a period being not less than 30 days (or such other period specified in the notice) from the date of receipt by you of the notice then the company may, without further notice, use any and all channels available to it to recover the debt including but not limited to filing a suit in court, attaching your property, use of a third party debt collection agency. Any part payment made will be accepted strictly on account and without prejudice to the company rights.
APFKash may set off any due loan amounts against any amount that are due from us to you including Loan Guarantee Funds (LGF).
Credit Assessment Checks
You hereby authorize the company to access information available to assess your loan application, and also give the company authority to register details of the conduct of your account with the Credit Reference Bureau (CRB), and you waive any claim you may have against the company in respect of such disclosure. By accepting this terms and conditions, you authorize the company to access your credit history from a registered Credit Reference Bureau
Further, you hereby agree and authorize Safaricom to share with APFKash personal information held by Safaricom pursuant to the agreement between you and Safaricom for the provision of Safaricom products and services and M-PESA Service including your phone number, name, date of birth, ID or Passport Number and such other information that will enable APFKash to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). You also hereby agree and authorize APFKash to request Safaricom for information relating to your use of the MPESA Service, M-PESA System and Safaricom Services as APFKash shall require for purposes of providing you the Services (“M-PESA Information”). You hereby consent to the disclosure of the Personal Information and the M-PESA Information by Safaricom to APFKash and to the aforesaid use of the Personal Information and the M-PESA Information by the Company.
You hereby also agree and authorize APFKash to obtain and procure your Personal Information contained in the 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 company.
Our products and services rely on technological infrastructure (e.g. mobile networks, software application providers, internet service providers etc). You understand and accept that service outages occur. During a service outage it may not be possible for you to use our products and services,
By agreeing to be bound by the Terms and Conditions, you are consenting to us collecting, storing and sharing including with our third-party service providers certain personal data about you for the sole purposes of risk scoring and loan assessment. The company on a best efforts basis will attempt to guarantee the privacy of confidentiality of information relating to you that is stored in our database but does not guarantee the privacy of your personal information that is transmitted over public telephone networks and the Internet. By installing the application and accepting the terms and conditions of use, you are deemed to accept that mobile communication may not be free from interference by malicious third parties or malware already residing on your mobile phone or other electronic equipment you may use to access. In all circumstances, the use of the Application through your phone is at your sole risk.
Application Software Updates
At some point we may wish to update the application software. The application is currently available on the Android platform only. Should we update the application version, you may need to download updates from time to time if you wish to keep using the app.
Termination of Services
APFKash Limited reserves the right to terminate provision of credit services through the application at any time without giving notice of termination to you. Unless otherwise communicated to you, upon termination,
(a) the rights and licenses granted to you in these terms will end;
(b) you must stop using the app, and (if needed) delete it from your device.
Changes in Terms and Conditions
APFKash reserves the rights to change these terms and conditions at any time. You will be given notice of at least (7) days of the change before it comes in to effect. Such notice may be delivered to you by electronic means such as Short Messaging Services (SMS), email or notifications within the application. If you continue to use a product or service after a change comes into effect, the change will apply to you
The Terms and Conditions are governed by the Laws of Kenya and any dispute regarding this Application shall be subject to the jurisdiction of the Courts of the Republic of Kenya.