Terms and Conditions
1. Acceptance of Chapaa Loan's Terms and Conditions
1.1. Please Read Carefully: Before using our services, you must thoroughly read and understand these Terms and Conditions, which outline the terms of your use of the App and Services, and the operation of your Account. Definitions of terms used in this Agreement are provided in Section 20.
1.2. Agreement to Terms: By downloading the App and opening an Account, you agree to comply with and be bound by these Terms and Conditions. Your acceptance is confirmed when you click the "Accept" button in the App. If you do not agree, please do not click "Accept" as you will not be able to access the Services.
1.3. Changes to Terms: We may update these Terms and Conditions, and will notify you at least 30 days before any changes take effect via the App, our social media platforms, our website, and/or SMS/email. Your continued use of the Services indicates your acceptance of the updated terms.
1.4. Privacy Policies: These Terms and Conditions should be read alongside our Privacy Policy and Privacy Notice. By using the App and Services, you agree to comply with these privacy documents.
1.5. Technical Information: By using the App or Services, you consent to us collecting and using technical information about your device and related software, hardware, and peripherals to improve our products and provide Services.
1.6. Data Usage: Your use of the Services constitutes consent for Chapaa Loan, our affiliates, and licensees to transmit, collect, retain, maintain, process, and use the data you provide during your application process for credit scoring services or to enhance our Services and your user experience, in accordance with our Privacy Policy and Privacy Notice.
1.7. Credit Advances and Charges: Detailed explanations of Credit Advances and Charges are in Section 6, and the consequences of defaulting are outlined in Section 7.
1.8. Contact Information: You can contact Chapaa Loan via the App or email at help.chapaaloan@gmail.com. To opt-out of direct marketing communications, please email help.chapaaloan@gmail.com. More details are in Section 10.
2. License to Use the App
2.1. Scope: This Agreement is a financial services and end-user license agreement between you (the user) and "Chapaa Loan" , which provides the Chapaa Loan App for mobile-based Credit Advances.
2.2. License Grant: In consideration of your agreement to abide by these terms, we grant you a non-transferable, non-exclusive license to use the App on your device. All other rights are reserved.
2.3. License Restrictions: You agree not to:
Rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the App.
Make alterations to, or modifications of, the App or combine it with other programs without prior written consent.
Disassemble, decompile, reverse-engineer, or create derivative works based on the App except as necessary for interoperability, and not disclose any information obtained to third parties.
Provide or make the App available in any form to any person without our prior written consent.
2.4. Compliance: You must comply with all applicable technology control or export laws and regulations.
2.5. Prohibited Actions: You must not:
Use the App or Services unlawfully or maliciously, such as by inserting viruses or harmful data.
Infringe on our or third parties' intellectual property rights.
Transmit defamatory, offensive, or objectionable material via the App or Services.
Use the App in a way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users.
Collect or harvest any data from our systems or attempt to decipher transmissions to or from our servers.
3. Intellectual Property Rights
3.1. Ownership: All intellectual property rights in the App and associated technology belong to Chapaa Loan or our licensors. Your rights to use the App are limited to those granted under this Agreement.
3.2. Security: You must immediately inform us if you suspect that your credentials have been compromised or that unauthorized use of the Services has occurred.
4. Use of the Services
4.1. Eligibility: Our Services are only available to persons over the age of 18. We reserve the right to verify your Mobile Money Account status.
4.2. Credit Advance Applications: Acceptance of your application will be displayed in the App. Acceptance does not create any contractual relationship beyond the Terms and Conditions of your Mobile Money Account.
4.3. Terms of Credit Advances: Terms and charges for each Credit Advance will be displayed in the App before you accept.
4.4. Right to Decline: We may decline your application for a Credit Advance at our discretion, with notification provided via the App.
4.5. Right to Vary Terms: We may issue or decline to issue Credit Advances and vary terms based on our assessment of your credit profile.
5. OUR USE OF YOUR PERSONAL DATA
5.1. At ChapaaLoan, we prioritize the protection of your privacy. We use your Personal Data and Relevant Information in line with our Privacy Policy and the Kenya Data Protection Act, 2019. Please review our Privacy Policy and the App's Privacy Notice to understand how we collect, use, store, and share your information. These documents are available on the ChapaaLoan App and Website (https://ChapaaLoan.com). You can also request copies via email at help.chapaaloan@gmail.com.
5.2. The Privacy Policy and Privacy Notice form part of these Terms and Conditions. By downloading the App and accepting these Terms and Conditions, you confirm that you have read and understood our Privacy Policy and Privacy Notice.
5.3. We collect and process personally identifiable information (Personal Data) as detailed in the Privacy Notice.
5.4. You acknowledge that our verification of your Personal Data and Relevant Information is conducted as specified in our Privacy Notice and Privacy Policy.
5.5. We use automated processing to assess your eligibility for our Services based on the Personal Data and Relevant Information we collect. You can object to this automated processing, but this may prevent us from providing you with our Services. For reconsideration of an automated decision, contact us at help.chapaaloan@gmail.com.
5.6. Your Personal Data may be stored and processed in the United States or other countries where ChapaaLoan or its agents have facilities. By using our Service, you consent to this transfer of information outside of Kenya.
5.7. By using our Services, you agree that some of your Personal Data will be shared with Mobile Money Providers and our technology providers. You authorize us to share your Personal Data, including any Customer Information, with these third parties, provided you can withdraw this consent at any time.
5.8. We may verify your identity information through publicly available and/or restricted government databases to comply with regulatory requirements.
5.9. We may disclose your Personal Data to local law enforcement, investigative agencies, or regulatory bodies to assist in preventing, detecting, or prosecuting money laundering, fraud, or other criminal activities.
5.10. Our personnel are obligated to handle Personal Data securely and confidentially and may not disclose it to unauthorized third parties. Violations of our privacy policies by personnel are subject to disciplinary actions.
5.11. You have the right to access information you submit through the App in accordance with our Privacy Policy. Inform us promptly, within 30 days, of any changes to your Credentials and respond promptly to our requests.
5.12. If you fail to provide requested Customer Information, withhold or withdraw consents needed to process your information, or if we suspect money laundering, fraud, or other criminal activities, we may:
Be unable to provide or continue providing our Services to you.
Take necessary actions to meet compliance obligations.
Block, transfer, or close your account(s).
5.13. If you fail to provide requested tax information and consents, we may determine your status independently, which could result in withholding amounts required by any Tax Authority and paying those amounts to the appropriate authority.
6. CREDIT ADVANCES AND CHARGES
6.1. The App allows you to apply for Credit Advances. The maximum credit limit varies depending on your credit score and repayment history.
6.2. We charge Interest on each Credit Advance, typically between 4%-34%, along with any associated Telecom Charges, which are beyond our control.
6.3. Interest rates are determined based on your credit score but are within legal thresholds.
6.4. If you fail to pay the Credit Advance and Interest on the due date, we may apply Late Payment Interest.
6.5. We will communicate the applicable Credit Advance, Interest, and Late Payment Interest before issuing each Credit Advance.
6.6. You must repay the Credit Advance plus Interest according to the repayment schedule displayed in the App at the time of the offer.
6.7. You agree to pay all amounts due in connection with your use of the Services without any deductions. If deductions are legally required, you will pay us additional amounts to ensure we receive the full amount due.
6.8. You agree to pay all other fees, expenses, taxes, and costs incurred in complying with your Requests.
6.9. You agree to cover costs incurred by us in collecting any owed Credit Advances.
7. IF YOU DEFAULT ON A CREDIT ADVANCE
7.1. An Event of Default occurs if you fail to pay any amount due under the Credit Advance within the specified period, except in cases of administrative errors or technical problems beyond your control.
7.2. If an Event of Default occurs, we may:
Declare the Credit Advance and all accrued interest immediately due and payable.
Report the default to Credit Reference Bureaus after seven (7) days' notice to you.
Engage external collections agencies for repayment.
Seek indemnification for any losses incurred due to the default.
Terminate this Agreement.
7.3. If we submit a negative report to Credit Reference Bureaus, we will notify you within 30 days. You can request a copy of any adverse information sent to a Credit Reference Bureau by writing to us at help.chapaaloan@gmail.com.
7.4. You understand that if we supply information about you to Credit Bureaus, it may affect your credit profile and scores.
8. TAXES
8.1. All payments you make in connection with this Agreement are calculated without considering any taxes you may owe. If any taxes are applicable, you must pay an additional amount equal to the payment multiplied by the appropriate tax rate at the same time as making the payment.
8.2. You consent and agree that we may withhold amounts from your account if required by a tax authority, by law, or according to agreements with any tax authority. We may also withhold amounts to comply with internal policies or applicable orders or sanctions from a tax authority.
9. CUSTOMER ACCOUNT STATEMENTS
9.1. You can request a statement and activity report for your Credit Advance. Contact us via the App or email us athelp.chapaaloan@gmail.com
9.2. Your statement will detail the last Credit Advance transaction or other transactions as determined by us. Check your statement carefully and notify us promptly if you notice any discrepancies or transactions not made according to your instructions.
9.3. We reserve the right to correct discrepancies and make changes to your statements without prior notice. We will inform you of any corrections or changes within a reasonable time after they are made.
9.4. Except for manifest errors, statements issued to you are conclusive evidence of the transactions carried out and requested by you during the period covered by the statement.
10. COMMUNICATION METHODS (INCLUDING MARKETING)
10.1. You consent to receive notifications about our Services, transaction-related matters, and marketing messages through the App, SMS, and email to the contact details you provided during registration.
10.2. You can opt out of direct marketing communications by writing to us at help.chapaaloan@gmail.com or using the unsubscribe instructions in any email or SMS communication. You can also turn off App notifications through your device settings or the App settings.
11. WITHDRAWING YOUR CONSENT FOR ChapaaLoan ACCESSING YOUR CUSTOMER INFORMATION
By uninstalling the App, you withdraw your consent for ChapaaLoan to access your Customer Information in the future. However, you consent that we may retain and use the Customer Information provided up until the point of uninstalling for the purposes it was obtained, for legal claims, legitimate business purposes, or as permitted by law.
12. YOUR LIABILITY FOR REQUESTS MADE WITHIN THE APP
12.1. You authorize us to act on all Requests received from you (or purportedly from you) through the System and hold you liable for them, even if incomplete or ambiguous, if we believe we can correct the information without needing to reference you.
12.2. We are deemed to have acted properly and fully performed our obligations to you, even if the Request was initiated, sent, or communicated in error or fraudulently, if we acted in good faith believing it was from you.
12.3. We may refuse to carry out any Requests at our sole discretion, including rejecting Credit Advance applications even if you previously received a Credit Advance from us.
12.4. You release and indemnify us against all claims, losses, damages, costs, and expenses arising from our actions (or failure to act) based on your Requests.
12.5. To the extent permitted by law, we are not liable for unauthorized activities on your account due to knowledge or use of your Account PIN, password, ID, or any means, whether or not caused by your negligence.
12.6. We are authorized to act on orders concerning your Credit Advance and/or Account as required by any court order or competent authority under applicable laws.
12.7. If there is any conflict between the terms of any Request received from you and this Agreement, this Agreement shall prevail.
13. YOUR RESPONSIBILITY TO KEEP YOUR LOG-IN DETAILS & EQUIPMENT SAFE
13.1. You agree to:
13.1.1. Provide and maintain, at your own expense, your Equipment necessary for accessing the System and Services in safe and efficient operating order.
13.1.2. Ensure the proper performance of your Equipment. We are not responsible for errors or failures caused by Equipment malfunctions, computer viruses, or related problems.
13.1.3. Cover charges due to any service provider for Network connections. We are not responsible for losses or delays caused by such service providers.
13.1.4. Follow all instructions, procedures, and terms in this Agreement and any document provided by us concerning the use of the System and Services.
13.1.5. Safeguard and properly use your Equipment and keep your Credentials secret and secure. You are responsible for preventing unauthorized access to your Credentials and indemnify us against losses from their disclosure.
13.1.6. Take reasonable precautions to detect unauthorized use of the System and Services and check all communications from us promptly.
13.1.7. Not use the Services in any manner that may be prejudicial to us.
13.1.8. Follow security procedures notified by us. Failure to do so may breach your Account's confidentiality. Ensure Services are used and Requests issued only by authorized persons.
14. TERMINATION OF THIS AGREEMENT
14.1. We may terminate our business relationship with you and close your account at any time, upon notice. This includes canceling any granted Credit Advances and requiring the repayment of outstanding debts within a specified period.
14.2. We may also suspend or close your account at our discretion if:
14.2.1. We detect or suspect any abuse, misuse, fraud, or attempted fraud related to your use of the Services; 14.2.2. We are required to comply with an order or recommendation from the government, court, regulator, or other competent authority; 14.2.3. We believe you are in breach of this Agreement, including non-payment of any Credit Advance, and you fail to remedy the breach within 5 days after notice is served via email, SMS, or other electronic means; 14.2.4. It is necessary due to technical issues or for safety reasons, or to update or upgrade the Services; 14.2.5. Your account becomes inactive or dormant; 14.2.6. You breach any License Restrictions; 14.2.7. Your account with the Mobile Money Provider or Mobile Network Provider is terminated; 14.2.8. We decide to suspend or cease the Services for commercial or other reasons.
14.3. Termination does not affect any accrued rights, remedies, or liabilities of either party.
14.4. Upon receiving notice of your death, we will only allow account operations or withdrawals by your legal representatives upon production of administration letters or a confirmed grant of probate.
14.5. If your account has a credit balance due to overpayment, you may request payment of this balance. We will return the balance, less any applicable charges, provided it exceeds the minimum transfer amounts specified by the Mobile Money Provider.
15. LIMITATION OF ChapaaLoan'S LIABILITY
15.1. We are not responsible for any loss you suffer if the Services are unavailable due to your Equipment failure or circumstances beyond our control, including Force Majeure, System failures, terrorist actions, power loss, adverse weather, legal operations, or telecommunications failures.
15.2. The App has not been developed to meet your individual requirements, and it is your responsibility to ensure that its facilities and functions meet your needs.
15.3. The App is supplied for domestic and private use. You agree not to use it for commercial purposes, and we are not liable for any loss of profit, business, or business opportunity.
15.4. We are not liable for any losses or damages resulting from:
15.4.1. Defects or faults in the App caused by alterations or modifications by you; 15.4.2. Use of the App in breach of this Agreement; 15.4.3. Breaches of any License Restrictions; 15.4.4. Insufficient funds in your Mobile Money Account; 15.4.5. System, Equipment, Network, or Mobile Money System failures; 15.4.6. Legal restrictions on your account funds; 15.4.7. Failure to provide proper or complete payment instructions; 15.4.8. Fraudulent or illegal use of the Services or Equipment; 15.4.9. Your failure to comply with this Agreement and any related documents or instructions.
15.5. We are not liable for any Service interference or unavailability. We are not liable for any indirect or consequential loss or damage, including loss of profit or anticipated savings.
15.6. Our sole liability for Service interference or unavailability is limited to re-establishing the Services as soon as reasonably practicable, except when not commercially viable or beyond our control, including Force Majeure.
15.7. Except as provided in Section 15.6, we are not liable for any interference with or unavailability of the Services.
15.8. All implied warranties and obligations are excluded to the fullest extent permitted by law.
16. INDEMNITY AND EXCLUSION OF LIABILITY
16.1. You agree to indemnify and hold us harmless against any loss, charge, damage, expense, fee, or claim arising from our compliance with your instructions or requests.
16.2. This indemnity covers:
16.2.1. All demands, claims, actions, losses, and damages arising from our actions or inactions based on your requests or from System failures, data loss, power failures, natural disasters, sabotage, terrorism, or communication issues. 16.2.2. Losses or damages from your use, misuse, or possession of third-party software, including operating systems and browsers. 16.2.3. Unauthorized access to your account, security breaches, or damage to your Equipment. 16.2.4. Losses or damages from your failure to adhere to this Agreement or from third-party system failures. 16.2.5. Damages and costs payable to us due to claims against us for losses within your control.
17. COMMUNICATION BETWEEN US
17.1. To contact us in writing, send an email tohelp.chapaaloan@gmail.com We will confirm receipt by contacting you via email.
17.2. If we need to contact you, we will do so by email or SMS to the contact details you provided during registration.
18. GENERAL PROVISIONS
18.1. Any failure or delay by either party to exercise any right, power, or remedy under this Agreement or by law does not constitute a waiver. Nor does any single or partial exercise of any right, power, or remedy preclude further exercise of that or any other right, power, or remedy.
18.2. Our failure or delay in exercising any right or remedy under any provision of this Agreement does not operate as a waiver of such right or remedy.
18.3. If any provision or part of a provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions or parts of such provisions will continue to be in full force and effect.
18.4. We may vary or amend these Terms and Conditions at any time without notice. Such variations or amendments will be published on the App, in daily newspapers, through social media, on our website, or by any other means we determine. These variations and amendments will take effect immediately upon publication and will be binding upon you as if contained in this Agreement.
18.5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by an arbitrator, court, or administrative body of competent jurisdiction, the remaining provisions will remain in full force and effect.
18.6. You agree not to assign any of your rights, transfer any of your obligations, sub-contract or delegate any of your obligations under this Agreement, nor charge or deal in any other manner with this Agreement or any of your rights or obligations.
18.7. We may assign and transfer any of our rights and obligations under this Agreement, either absolutely or as collateral security, to any third party at our discretion.
18.8. These Terms and Conditions constitute the entire agreement between you and us, superseding all previous agreements, promises, assurances, warranties, representations, and understandings, whether written or oral, relating to its subject matter.
18.9. You acknowledge that in entering into this Agreement, you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this Agreement.
18.10. Neither you nor we will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
19. GOVERNING LAW & DISPUTE RESOLUTION
19.1. ChapaaLoan encourages you to report any disputes, claims, or discrepancies via email athelp.chapaaloan@gmail.com
19.2. You agree to resolve any dispute, controversy, or claim arising out of or related to this Agreement in good faith.
19.3. This Agreement will be governed by and construed in accordance with international arbitration laws and the laws of the Republic of Kenya, except for questions affecting the construction and effect of any Intellectual Property Rights, which will be determined by the law of the country where the Intellectual Property Rights were granted.