1.1 Definitions
For the purposes of this Agreement and the preamble above, unless the context requires otherwise:
Acceptable Use Restrictions – the meaning given in clause 5.
Agreement – these Terms and Conditions.
Business Day – any day other than a Saturday, Sunday, or national/public holiday in Kenya.
Credentials – your personal credentials used to access the App and operate your Account.
Credit Reference Bureau (CRB) – a bureau licensed under the Banking Act for collecting and sharing customer credit information.
E‑Money – the electronic monetary value in your Mobile Money Account representing an equal amount of cash.
Equipment – your mobile‑phone handset, SIM Card and/or any other equipment used to access the Network.
Event of Default – the meaning given in clause 11.1.
Force Majeure – events beyond the reasonable control of Salama Loan that render performance inadvisable, impracticable, illegal or impossible.
Encumbrance – any mortgage, charge, lien, security interest, pledge or other restriction securing payment of any obligation.
Licence Restrictions – the meaning given in clause 4.
Loan – the principal amount lent or to be lent by Salama Loan to you under this Agreement.
Mobile Money Account – your mobile‑money store of value maintained by Mobile Money Providers in Kenya.
Mobile Money – the money‑transfer and payments service operated by Mobile Money Providers in Kenya.
Mobile Network Operator – a mobile‑network operator in Kenya registered with the Communications Authority of Kenya.
Mobile Money Provider – a Mobile Network Operator authorised by the Central Bank of Kenya to offer Mobile Money Services.
Mobile Money Service – the money‑transfer and payments service provided by the Mobile Money Providers.
Mobile Money System – the system operated by Mobile Money Providers for providing the Mobile Money Service.
Network – a mobile‑cellular network operated by a Mobile Network Operator.
Privacy Policy – the Salama Loan privacy policy for processing personal data.
Request – a request or instruction received by Salama Loan from you through the Network and System.
Services – any financial services or products offered by Salama Loan under this Agreement.
SIM Card – the subscriber‑identity module enabling access to the Network and use of the Mobile Money Account.
SMS – a short‑message‑service text message transmitted from your mobile phone.
System – Salama Loan electronic‑communications software for the Services.
Technology – the meaning given in clause 3.1.4.
Transaction Fees – the fees and charges payable for using the Services, as varied at the sole discretion of Salama Loan.
Data Protection Act – the Data Protection Act, 2019 (Kenya) regulating personal‑data processing and data‑subject rights.
Customer Support Email – valerinechepkirui@gmail.com.
#### 1.2 Interpretation
1.2.1 Unless the context requires otherwise:
A reference to the singular includes the plural and vice versa;
A reference to any gender includes all genders;
Headings and sub‑headings are for convenience only and do not affect interpretation;
The recitals and schedules form part of this Agreement.
2.1 Read these Terms and Conditions carefully before downloading or streaming the App or opening an Account.
2.2 By clicking “Accept” in the App you agree to be bound by them. If you click “Decline”, you will be unable to access the Services.
2.3 By downloading the App and opening an Account with Salama Loan, you confirm your agreement to comply with these Terms and Conditions.
2.4 Salama Loan may amend these Terms and Conditions at any time. Continued use of the Services after notice of amendments constitutes your acceptance of the revised terms.
2.5 We may issue App updates via our website or app store. Depending on the update, you may be unable to use the Services until you have installed the latest version and accepted any new terms.
2.6 By using the App or any Service you consent to our collection and use of technical information about your Equipment and related software to improve our products and Services.
3.1 In consideration of your agreement to abide by this Agreement, we grant you a non‑exclusive, non‑transferable licence to use the App on your Equipment, subject to these Terms and Conditions. All other rights are reserved. You agree:
Not to rent, lease, sub‑license, loan, translate, merge, adapt, vary or modify the App;
Not to make alterations to, or permit the App to be combined with, any other program;
Not to disassemble, decompile, reverse‑engineer or create derivative works based on the App, save as permitted by law for interoperability, and not to disclose or use any information derived therefrom to create competing software;
Not to provide the App, in whole or in part, to any person without our prior written consent;
To comply with all applicable technology‑control or export laws and regulations.
4.1 You must not:
Use the App or any Service for any unlawful purpose or in any unlawful manner;
Infringe our intellectual‑property rights or those of any third party;
Transmit defamatory, offensive or otherwise objectionable material;
Use the App or any Service in a manner that could damage, disable, overburden, impair or compromise our systems or security;
Collect or harvest any information or data from any Service or our systems.
5.1 Intellectual‑property rights – All intellectual‑property rights in the App and the Technology belong to us or our licensors, and you acquire no rights other than the right to use them under this Agreement.
5.2 Use of the Services
5.2.1 The Services are available only to persons aged 18 or over. We reserve the right to verify the authenticity of your Mobile Money Account.
5.2.2 Acceptance of your Account application will be displayed in the App. Such acceptance does not create any contractual relationship between you and the Mobile Money Providers beyond the terms governing your Mobile Money Account.
5.2.3 Salama Loan may decline or revoke a loan application at any stage without providing reasons.
5.2.4 We may issue loans, decline loans or vary loan terms at our sole discretion based on our assessment of your credit profile.
5.3 Personal Information
5.3.1 You authorise Salama Loan to verify information you provide against information held by Mobile Money Providers.
5.3.2 We may verify your phone number, name, date of birth, ID or passport number and any other information necessary to meet regulatory requirements.
5.3.3 You consent to our obtaining information from your Equipment, SMS and other sources for the purpose of providing the Services.
5.3.4 We may obtain, use and retain your Personal Information and any relevant information as reasonably necessary.
5.3.5 You indemnify Salama Loan and the Mobile Money Providers against any claims arising from disclosure and reliance on your Personal or Relevant Information.
5.3.6 By entering this Agreement, you authorise us to access and query your credit information from licensed CRBs and to receive credit reports or scores.
5.3.7 We may request further information from you at any time.
5.3.8 This consent may not be withdrawn while your application is pending or any balance is outstanding.
5.3.9 Consent terminates once all loans with Salama Loan are fully repaid.
5.3.10 CRBs will supply credit profiles and possibly credit scores on your creditworthiness.
6.1 You authorise us to act on all Requests received through the System and you will be liable for them. We may, at our discretion, refuse to carry out any Request.
6.2 We may reject any loan application even if you have previously been granted a loan.
6.3 We may accept and act on incomplete or ambiguous Requests if we can reasonably correct them.
6.4 We will be deemed to have acted properly and discharged all obligations to you even if a Request was initiated in error or fraudulently, and you will be bound by such Request.
6.5 We may decline to act on a Request pending further enquiry or confirmation.
6.6 You release and indemnify Salama Loan from all losses or expenses arising from our acting on your Requests.
6.7 We are not liable for unauthorised transactions on your Account resulting from knowledge or manipulation of your Credentials.
6.8 We are authorised to effect orders in respect of your Account as required by any court order or competent authority.
6.9 If any Request conflicts with this Agreement, this Agreement prevails.
7.1 Interest rates applicable to any Loan and all Transaction Fees will be displayed in the App and may be varied by Salama Loan at its discretion.
7.2 All sums payable must be made in full, without set‑off or counterclaim and without deduction or withholding unless required by law.
7.3 Failure to pay on the due date may result in late‑payment fees.
7.4 If you cannot repay within the scheduled period, we may approve an extension subject to payment of accrued interest. The interest rate for any extension will be displayed in your Account.
8.1 A statement and activity report for your Account is available upon request via email to valerinechepkirui@gmail.com.
8.2 Recent transactions are viewable in the App.
8.3 You must review all statements promptly and notify us of any errors.
8.4 We reserve the right to correct discrepancies without prior notice.
8.5 You will be notified of all Account transactions by SMS; any SMS service fee may be debited to your Account.
8.6 Save for manifest error, any statement we issue shall be conclusive evidence of the transactions shown.
9.1 All payments under these Terms are calculated exclusive of any taxes payable by you. Where taxes apply, you must pay an additional amount equal to the tax due.
9.2 We may withhold amounts in your Account if required by law or agreement with a tax authority.
10.1 You are responsible for procuring and maintaining your Equipment and internet or network connections.
10.2 We are not liable for errors or failures caused by malfunctioning Equipment or related issues.
10.3 You must follow all instructions in this Agreement and any documents we supply.
10.4 You must keep your Credentials secret and secure. We are not liable for any unauthorised disclosure.
10.5 You must take reasonable precautions to detect unauthorised use and inform us immediately of any breach.
10.6 You must follow all security procedures we notify to you.
10.7 You must not use the Services in any way prejudicial to Salama Loan.
11.1 An Event of Default occurs if:
You fail to repay any Loan sum within 90 consecutive days; or
You are declared bankrupt.
11.2 Upon an Event of Default, we may:
Terminate this Agreement;
Declare the Loan immediately due and payable;
Supply information regarding the default to CRBs.
12.1 We may terminate or vary our relationship with you and close your Account upon notice.
12.2 We may suspend or close your Account if you misuse it, breach these Terms, or if required by a competent authority.
12.3 If your Account shows a credit balance due to overpayment, you may request the balance (less applicable fees).
12.4 Termination does not affect accrued rights or liabilities.
12.5 Upon your death, withdrawals will only be allowed on production of appropriate legal documents.
13.1 We are not responsible for loss caused by Equipment failure or any circumstance beyond our control.
13.2 You acknowledge the App may not meet your specific requirements; you bear responsibility for ensuring its suitability.
13.3 The App is supplied for domestic and private use only; we accept no liability for commercial use.
13.4 We are not liable for losses arising from your misuse, unauthorised use, or failure to follow security procedures.
13.5 Our sole liability for service interruption is to re‑establish the Services as soon as reasonably practicable.
13.6 We shall not be liable for loss of profit, business or any indirect or consequential losses.
13.7 All implied warranties are excluded to the fullest extent permitted by law.
14.1 You indemnify Salama Loan against any loss, charge, damage, expense, fee or claim arising from our acting on your instructions or Requests.
14.2 This indemnity covers:
Claims arising from acting on your Requests or system failure;
Loss from use of third‑party software;
Unauthorised Account access or data breaches;
Loss arising from your failure to comply with these Terms;
Damages and costs payable by Salama Loan where circumstances are within your control.
15.1 We will contact you by email, including valerinechepkirui@gmail.com, or SMS using the contact details you provide.
16.1 Our remedies are cumulative and not exclusive.
16.2 No delay or failure by us to exercise any right or remedy constitutes a waiver.
16.3 If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
17.1 These Terms and our Privacy Policy constitute the entire agreement between you and Salama Loan.
17.2 You acknowledge that you have not relied on any statement not set out herein or in the Privacy Policy.
17.3 Neither party may claim innocent or negligent misrepresentation based on any statement in this Agreement.
18.1 The parties shall attempt in good faith to resolve any dispute through their appointed representatives.
18.2 If unresolved within 30 days, the dispute shall be referred to a single arbitrator appointed by agreement or, failing that, by the Chair of the Kenya Branch of the Chartered Institute of Arbitrators.
18.3 Nothing in this clause restricts either party’s right to seek injunctive or interim relief from a competent court.
19.1 This Agreement shall be governed by and construed in accordance with the laws of Kenya.