1.1 This Agreement sets out the complete terms and conditions (“USSD & Mobile APP T&Cs”) which shall
apply when You use the Service (hereinafter defined) and is available at our website
located at www.neuafrik.com (the “Website”).
1.2 Any amendments or variations made to these USSD & APP T&Cs shall take effect on their
date of publication or as otherwise provided and such amendment or variation and
shall be posted on the Website.
In this section, the following words and phrases have the meaning set opposite them unless the context indicates otherwise:
2.1. “Credit Reference Bureau” means a credit reference bureau duly licensed under the
Banking Act Cap 488 pursuant to the Banking (Credit Reference Bureau) Regulations 2020 to inter alia, collect and facilitate sharing of borrower credit information.
2.2. “GSM” stands for Global System for Mobile communication, which is a digital mobile
telephony system.
2.3. “Mobile Phone” means the mobile handset together with requisite accessories, and
equipment attachments.
2.4. “Mobile Number” means the unique mobile telephone number issued by a Mobile
Operator to its subscribers and is used to identify such subscriber on the Network and which a User has indicated as his mobile number.
2.5. “Mobile Operator” means mobile telecommunication network operator that among
Others issues Mobile Numbers and SIMs to its subscribers.
2.6. “Network” means Mobile Operator’s mobile cellular network;
2.7. “Personal Information” refers to the information about the User obtained by NeuAfrik or
a Mobile Operator in connection with the respective services being provided by them including but not limited to the information collected by NeuAfrik for registering the User in the Google playstore System.
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2.8. “Products” means the various loan products and Services offered by NeuAfrik through
the Ussd & NeuAfrik Loans App.
2.9. “Request” means an instruction received by NeuAfrik from User’s Mobile Phone and
Mobile Number and made via the Ussd & NeuAfrik Loans App System and upon which NeuAfrik is
authorized to act.
2.10. “SIM” means subscriber identity (identification) module.
2.11. “NeuAfrik Loans App” means NeuAfrik proprietary digital platform (and any amendments,
upgrades or enhancements thereto from time to time) enabling a User to
Communicate with NeuAfrik, subscribe to various Products on offer, manage and process Requests (as the case may be).
2.12. “Service” means the service we offer by which a User can Request for any of our
Products or services, the processing of the Requests and any other services as we may
decide to provide from time to time.
2.13. “SMS” stands for Short Message Service consisting of a text message transmitted to a
Mobile Phone.
2.14. “System Menu” means the NeuAfrik Loan App & USSD menu accessible through your Mobile
Number for purposes of issuing Requests to a Mobile Operator in order to access the
Service.
2.15. “NeuAfrik Loans App” means NeuAfrik Financial consultants limited with registered office at 80 west Building, 1st floor, Kenyatta street, Thika.
2.16. “NeuAfrik Loans app” is a Mobile App or such other variants designated
by the NeuAfrik by which you may access the Service.
2.17. “Transaction PIN” refers to unique personal identification number, which the User shall
Use to access the Mobile App and authorize Requests.
2.18. “User” means an eligible customer of NeuAfrik or any other person all of whom are
authorized to use the Service.
2.19. “Mobile App” is unique to Mobile Phone Gadget and enables user to access Services offered by NeuAfrik
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2.20. “User Profile” refers to the customer’s or any other authorized person’s profile on the
Mobile App System.
2.21. “We” “our” and “us” or its variants means NeuAfrik and includes the successors and
assigns of NeuAfrik; and
2.22. “You” or ” Your” or its variants means the User;
2.23. In these Mobile App T&Cs save where the context otherwise requires:
2.23.1 references to an individual or individuals shall include his or their respective
personal representatives;
2.23.2 the singular includes the plural and vice versa and any gender includes any
other gender;
2.23.3 references to ‘borrower’ ‘User’ and ‘customer’ shall include both the
masculine and the feminine gender as well as the juristic persons.
2.23.4 In this Agreement, unless something in the subject matter or context is
inconsistent therewith or unless otherwise herein provided, a reference to any
legislation is to that legislation as now enacted or as the same may from time
to time be amended, re-enacted or replaced and includes any regulations
made thereunder headings in these Mobile App T&Cs are for convenience
purposes only and they do not affect the interpretation of this Agreement.
These Mobile App T&Cs form the contract between the You as the User and NeuAfrik for the use of the Service by You and shall be in addition to and not in derogation of other separate terms and conditions in respect of Products we offer.
4.1 These Mobile App T&Cs apply and shall take effect once You register for the Service
(“Effective Date”). By using or continuing to use the Service, You are considered to
have read, understood and accepted these Mobile App T&Cs and to be legally bound by these Mobile App T&Cs voluntarily for your own benefit.
4.2 You affirm that these Mobile App T&Cs are without prejudice to any right that we may have
with respect to the Services in law or otherwise.
4.3 We may amend these Mobile App T&Cs from time to time and Your continued use of the
Service constitutes Your agreement to be bound by such amendment or variation.
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5.1 In order for You to use the Services, you must have a registered Mobile Number with a
Mobile Operator’s network.
5.2 Access to the Services shall be through NeuAfrik Loans App.
5.3 All instructions to us for use of the Service shall be made electronically through NeuAfrik Loans App that will be accessible to You through NeuAfrik Loans App.
5.4 To sign up for the Service, you must download the NeuAfrik Loans App from Play store and select the option
made available on the Mobile App’s Menu for purposes of accessing the Services.
5.5 You may be required to create Transaction PIN and username within such
parameters required by the System Menu.
5.6 On the Mobile App Loans System Menu, you will be required to accept these NeuAfrik loans T&Cs.
5.7 Upon successful signing up, You will receive an SMS confirming successful registration.
5.8 We have the absolute discretion to reject Your enrollment without adducing any
reason for same.
By registering for the Service, you authorize us to: –
6.1 obtain and procure your personal information contained in the Integrated Population
Registration Service (“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 us;
6.2 to access any information from any third party;
6.3 in case You are a borrower, to subject the Your information to ascertain Your credit
worthiness;
6.4 maintain logs of Your activity and transactions effected by you via the Service, using
whatever means and to use such logs for the purpose of establishing or verifying that
a particular transaction/activity was effected through your Mobile Number; and
6.5 to assess the Your credit score including but not limited to accessing the User’s credit
history from a Credit Reference Bureau.
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7.1 We shall use our best efforts from time to time to provide the Service. We reserve the
right to determine the type of Service You can access. Our decision in this regard
shall be final and binding on You.
7.2 We may also make additions/deletions to the Service at its sole discretion.
7.3 We are under no obligation to provide the Service to a Mobile Phone that is
incompatible with our specifications.
You hereby agree that: –
8.1 You shall use only Your Mobile Number registered on the NeuAfrik Loan App System and may also
use Your preferred PIN to access the Service;
8.2 You shall not permit any other party to access your Mobile Phone or leave the Mobile
Phone unattended or use Your Mobile Phone to access the Service;
8.3 You shall not permit any other party to access your SIM card or leave the SIM card
unattended or use Your SIM Card to access the Service;
8.4 You unconditionally and irrevocably authorize us to honour transactions
consummated through the Mobile App System. We have no obligation to verify the
authenticity of any Request received from You through the APP System or purporting to have been sent by You. Our own records of transactions maintained on our database shall be accepted as conclusive and binding for all purposes as evidence of your Requests consummated through the App System.
8.5 You shall inform us immediately upon You suspecting that Your Transaction PIN has
been accessed by an unauthorized third party.
8.6 You shall inform us of any unauthorized transaction effected through the App System
immediately You become aware of such transaction.
8.7 You shall take all steps possible to ensure that your Mobile Phone, SIM card with your
Mobile Number and Transaction PIN are not shared with anyone and in case of
misuse/theft/loss take immediate action to de-register your User Profile by communicating to NeuAfrik via email: info@neuafrik.com
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9 LIABILITY
9.1 You shall be liable for any form of unauthorized transactions in the Mobile App System where You have breached these Mobile App T&Cs or contributed or caused the loss by Your negligent actions such as, but not limited to, the following:
9.1.1 not advising us immediately from date of becoming aware of an
unauthorized access to or erroneous transactions performed from your
Mobile Number using the Service.
9.1.2 not informing us about a change in or termination of your Mobile Number
registered with us.
9.1.3 disclosing your Transaction PIN to third parties.
9.2 You shall be solely responsible for a compromise of Your Transaction PIN and its
consequences and we shall not be held responsible in whatsoever manner for any
financial / non-financial losses that occur/is likely to occur because of the leakage of Your Transaction PIN. You are advised to change the Transaction PIN from time to time or whenever you suspect a Transaction PIN compromise.
9.3 You shall be fully liable and responsible for all consequences arising from or in
connection with use of the Service and / or access to any information or report or
any other information as a result of such use by You or any other person whether or not authorized.
9.4 You shall be liable for any unauthorized use of your Mobile Phone and/or SIM card to
access the Service and you hereby absolve us of all and any liability/responsibility in
this regard. You undertake not to make any claim against us for losses, damages or
actions arising out of the unauthorized use of your Mobile Phone and/or SIM card.
10 LIMITATION OF LIABILITY
10.1 Access to the Service may be affected by factors outside our control such as
system downtime or failure. Uninterrupted access may also arise as a result of scheduled or unscheduled periodic testing, repair, upgrade or maintenance and other factors. We will use all reasonable efforts to ensure that Your Requests are processed in a timely manner and in accordance with the requirements of the law. Notwithstanding the foregoing, we do not make any representations or warranties as to continuous, uninterrupted or secure access to the Service.
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10.2 While we will make every commercially reasonable effort to ensure that You
receive proper Service, we will not be responsible to You or to any other person claiming under You for any losses or damage, regardless of the nature in connection with the following unless procured through our own willful default or fraud: –
10.2.1 a failure, malfunction, interruption, or unavailability of the Mobile App System,
Your Mobile Phone, the Operator’s network;
10.2.2 Your failure use or to give proper or complete instructions using the APP
System;
10.2.3 any fraudulent or illegal use of the Service, the APP System, and/or Your
Mobile Phone;
10.2.4 any loss that may arise as a result of any negligence on Your part
including revealing Your Transaction PIN to a third party
10.2.5 Your failure to comply with these Terms and Conditions; or
10.2.6 other circumstances whatsoever not within our control including, without
limitation, force majeure, terrorist or any enemy action, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or Mobile Operator’s network failure, software or hardware error, etc.
10.3 Under no circumstances shall we, our employees, agents or contractors, be liable
for any damages, whatsoever, whether such damages are direct, indirect,
incidental, consequential and irrespective of whether any claim is based on loss of
revenue, investment, production, goodwill, profit, interruption of business or any other
loss of any character or nature whatsoever and whether sustained by You or any
other person.
10.4 We are shall in no way liable for the services provided by a Mobile Operator in
relation to Your Mobile Phone and Mobile Number or charges levied by the Mobile Operator levied on its subscribers in relation to APP transactions.
10.5 You acknowledge that we will take reasonable and practical steps to ensure that
the APP Systems has adequate security designs and controls to manage the risks in operating the APP System taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices that may be applicable to us from time to time.
10.6 We exclude any warranty and obligations that are implied by law and not set out
in this Agreement to the extent that we are permitted by law.
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11.1 You shall indemnify and hold us harmless against any and all liability suffered or
incurred (including but not limited to liabilities, judgments, damages, losses, claims,
costs and expenses, including attorney’s fees and expenses) by us, our customers or
a third party, directors, nominees or any claim or action brought by a third party
which is in any way the result of transactions done by You on the APP System.
11.2 You further indemnify is for all losses, damages, actions and liability arising as a
result of your failure to comply with these APP T&Cs. You understand and acknowledge that in the event of loss or misplacement of Your Mobile Phone and/or SIM card, it can be misused to access the APP System. You shall indemnify us for any such misuse arising out of the same. You shall not hold us responsible for any loss that You may suffer in these circumstances.
12.1 By registering for the Service, you authorize us to reveal, receive, record or utilize
Your information or data relating to Your use of the Service:
12.1.1 to any local or international law enforcement or competent regulatory or
governmental agencies for purposes of aiding in the prevention, detection, investigation or prosecution of criminal activities or fraud;
12.1.2 to a Credit Reference Bureau;
12.1.3 to a third party involved in the provision of the Services;
12.1.4 to our lawyers, auditors, debt collectors, loan recovery agencies or other
professional advisors or to any court or arbitration tribunal for the purposes of any proceedings;
12.1.5 for reasonable commercial purposes connected to Your use of the Services,
such as marketing and research related activities;
12.1.6 for any business practices including but not limited to quality control, training
and ensuring effective systems operation; and
12.1.7 for statistical analysis.
12.2 You acknowledge that we may retain Your transaction data for a period by
required by law or regulation.
12.3 We always respect Your privacy and we will endeavor to ensure that that
information shared with any third party in accordance with clause 6.1 is shared on
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confidential basis and strictly to the extent necessary for purposes provision of the
Services or for any purpose set out under these APP T&Cs.
13.1 We may at any time, upon notice to You, suspend, terminate or vary our business
relationship with You.
13.2 We may suspend the Services: –
13.2.1 if you breach these APP T&Cs;
13.2.2 if we notice abuse/misuse, breach of content, errors / omissions / fraudulent
(including attempted) transactions related to Your use of the Service.
13.2.3 if we are required or requested to do so in order to comply with an order or
instruction of or a recommendation from the government, court, regulator or other competent authority;
13.2.4 if we reasonably suspect or believe that You are in breach of these APP
T&Cs;
13.2.5 if required to do so to address technical problems or for reasons of ensuring
safety;
13.2.6 to facilitate update or upgrade the contents or functionality of the Service
from time to time;
13.2.7 if we decide to suspend or cease the provision of the Service for commercial
reasons or for any other reason as we may reasonably determine.
13.2.8
The User acknowledges that the intellectual property rights in the APP System, the Service and all associated documentation that we provide to you through the APP System or otherwise are vested in us. You undertake that You shall not infringe any such intellectual property rights. You further undertake that you shall not duplicate, reproduce or in any way tamper with the APP System or the Service and associated documentation without our prior written consent.
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15.1 We may give You notices under these APP T&Cs, by SMS to the User’s Mobile
Number. In addition, we may also publish notices of general nature, which are applicable to all Users of the Service on the Website. Such notices will have the same effect as a notice served individually to You.
15.2 Any notice or communication given in the aforesaid manner shall be deemed
received by the User within twenty-four (24) hours of transmission by SMS or publication on our Website (as the case may be).
You shall be responsible for all Mobile Operator charges relating to transactions made
through the Service and other costs inclusive of statutory charges, if any, relating to the
use of the Service at prevailing rates or at future rates as determined by us and posted
on the Website.
We shall at any time be entitled to amend, supplement or vary any of these APP T&Cs as we introduce new functionalities to the Service or as may be required by law. Such amendment, supplement or variation shall be binding on You. An updated version of the APP T&Cs shall be made available on the Website or any other medium that we may adopt from time to time. On publication of an updated version of these APP T&Cs on our Website or any other medium, the You are deemed to have read same and consent to such modification. We shall determine the privileges attached to the use of the Service and shall have absolute discretion to change, vary add or amend these privileges and conditions attached thereto from time to time as we deems fit.
18.1 The Service and these APP T&Cs shall be governed by and construed in
Accordance with the laws of the Republic of Kenya.
18.2 We shall submit to the exclusive jurisdiction of the courts of the Republic of Kenya.
19.1 In the event You have any complaint regarding any transaction, the same should
be brought to our attention immediately at via email info@neuafrik.com
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19.2 You shall bring to our notice any error, discrepancy or omission in transactions
noted by You immediately upon receiving alerts from the Mobile APP System.
19.3 Without any prejudice to either Party’s right under these APP T&Cs, we shall
attempt to resolve any dispute within [thirty (30) days] in accordance with our
dispute resolution policy published by us from time to time. We shall upon
consideration of the dispute confirm in writing whether the dispute is resolved or not.
In order to deactivate the Service, the User shall visit a branch or call 0112811072 or email info@neuafrik.com
21.1 If any clause or part of these MOBILE APP T&Cs is found to be in conflict with any
applicable law such clause will be severed and subject to amendment,
modification or deletion by us without affecting the validity or enforceability of the remaining terms and conditions.
21.2 These MOBILE APP T&Cs constitute the entire agreement between us with respect to the
Service.
21.3 You may not assign any right or obligation that may arise under these terms and
conditions without our consent.
21.4 You agree that our rights will not be lessened or restricted or denied because of
any leniency or restraint extended by us to You by any delay in exercising or failure to
exercise any of our rights unless provided to You in writing and signed by our duly
authorised representative. No waiver by us of any breach of these termsand
conditions by Yourself shall operate as a waiver of any subsequent breach.
21.5 Nothing in these Terms and Conditions shall be read as preventing any party from
pursuing any other remedy available to it under law.
