M-KOPA APP GENERAL TERMS AND CONDITIONS

[Last Updated on August 2023]

**Does not apply to Registered Users domiciled in South Africa.

These Terms of Use(the “Terms”) constitute a binding legal agreement between M-KOPA customers (“you” or “your”) and M-KOPA (“M-KOPA”, “We”, “Us” or “Our“) governing your access and use of the mobile application consisting of any content, features, design products, or services provided or otherwise made available by M-KOPA (the “M-KOPA App”).

By clicking “Continue” before accessing or using the M-KOPA App, you will be deemed to accept these Terms and the M-KOPA’s Privacy Policy and you confirm that you have read, understood and agreed to abide by the same. If you do not agree to these Terms or to the processing of personal information as envisaged in the Privacy Policy, you may not access or use the M-KOPA App.

Please note that We may revise and update these Terms from time to time at Our sole discretion and your use of the M-KOPA App following such a revision constitutes your acceptance of such revised Terms. If We make material changes to these Terms, We will use reasonable efforts to notify you prior to the effective date of the changes.

Your use of the M-KOPA App may require that you enter into agreements supplemental to these Terms (a signed copy of which shall be provided to you on request) (the “Agreement”) which are hereby incorporated by reference if applicable and shall apply to your use the M-KOPA App. To the extent the applicable M-KOPA Agreement conflict with these Terms or the Privacy Policy, the terms of such M-KOPA Agreement shall prevail.

These Terms use certain capitalised terms that are also used in the Agreement. Any capitalised terms not otherwise defined have the same meaning as in the Agreement. For example, terms such as Credit Payment and Total Payment have the same meaning when they are used in these Terms and in the Agreement. These Terms also have the following additional defined terms:

“Account” means your account with M-KOPA on the M-KOPA App;

“Device” includes your mobile phone handset, including the SIM Card and/or other equipment which when used together enables you access the M-KOPA App;

“Intellectual Property” has the same meaning in the Agreement;

“M-KOPA” means M-KOPA Kenya Limited, M-KOPA Uganda Limited, M-KOPA Solar Nigeria Limited, M-KOPA Tanzania Limited, M-KOPA Ghana Limited, M-KOPA Zambia Limited, M-KOPA South Africa (Pty) Limited or any other M-KOPA affiliate registered in any jurisdiction that the M-KOPA App shall be used;

“Mobile Money Account” means your mobile money store of value, being the record maintained by your mobile money provider of the amount of e-money from time to time held by you;

“Privacy Policy” means the M-KOPA privacy policy which is available at http://www.m-kopa.com/privacy/ (as amended from time to time) that sets out the basis on which any personal data and/or personal information We collect from or that you provide to Us, will be processed by Us;

“Product” shall have the same meaning as defined in the Agreement;

“Request” means a request or instruction received by M-KOPA from you or purportedly from you pursuant to clause 4 upon which M-KOPA is authorised to act;

“SMS” means a short message service consisting of a text message transmitted from your mobile phone to another; and

“System” means M-KOPA’s electronic communications software enabling you to communicate with M-KOPA for purposes of accessing the M-KOPA App. The System and the M-KOPA App will for the purpose of these Terms be accessed through a Mobile Network Operator’s system.

1. Acceptance of Terms and Conditions
  • you acknowledge that you have read, understood, and accept these Terms and the applicable Agreement, terms or policies referred to or incorporated into these Terms including the changes that may be made from time to time;
  • you represent and warrant that you are at least 18 years of age (if in Uganda, 21 years of age) and have the right, authority, and capacity to enter these Terms. If you are under 18 years of age (if in Uganda, 21 years of age), you represent and agree that you possess the legal consent of your parent or legal guardian to access and use the Device;
  • you certify, represent and warrant that (a) all the required registration information provided in connection with the Account registration, or your use of the M-KOPA App is, to the best of your knowledge, current, complete and accurate; and (b) You will maintain the accuracy of such information.
  • you will be responsible for all activity that occurs under your login credentials and agree to not share your login credentials with, or allow access to your Account by, any third parties. You agree to use reasonable care to prevent unauthorized access to or use of the M-KOPA App and to preserve the confidentiality of your login credentials;
  • you consent to receive communications from Us electronically and for Us to collect your Personal Data or Personal Information (as defined in clause 3 below) in accordance with the terms of the Privacy Policy;
  • you acknowledge that all Intellectual Property rights in the M-KOPA App belong to M-KOPA or Our licensors, as applicable. Except for the limited rights granted to your use herein, no other rights are granted or will be deemed granted to you under these Terms, either expressly or by implication, or otherwise; and
  • you shall defend M-KOPA from and against any claims, and reimburse M-KOPA for any liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your use of the M-KOPA App or your violation of these Terms including any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system or any other software packages or programs.

From time to time, updates to the M-KOPA App may be issued through the M-KOPA App or the relevant application store. Depending on the update, you may not be able to use the M-KOPA App until you have downloaded or updated to the latest available version of the M-KOPA App and accepted any new terms and conditions.

2. Scope and License Restrictions

In consideration of you agreeing to abide by the Terms, We grant you a non-transferable, non-exclusive, revocable license to use the M-KOPA App on your Device, subject to these Terms. We reserve all other rights in relation to the M-KOPA App except as expressly set out in these Terms or as permitted by any local law. You agree:

  1. not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the M-KOPA App or M-KOPA App information either directly or through a third party;
  2. not to use the M-KOPA App in any manner that could, in M-KOPA’s sole discretion, disable, overburden, damage, or impair the M-KOPA App or interfere with any other party’s use of the M-KOPA App, including their ability to engage in real time activities through the M-KOPA App;
  3. not to attempt to interfere with the proper working of the M-KOPA App by, among other activities, removing, circumventing, reverse engineering, disabling, damaging, combining with, or becoming incorporated in, any other programs or otherwise interfering with any security-related features of the M-KOPA App, features that prevent or restrict the use or copying of the M-KOPA App information, or features that enforce limitations on the use of the M-KOPA App;
  4. not use the M-KOPA App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the M-KOPA App or any operating system;
  5. not to infringe Our Intellectual Property rights or those of any third party in relation to your use of the M-KOPA App, including the submission of any material (to the extent that such use is not licensed by these Terms);
  6. not to collect or harvest any information or data from the M-KOPA App or Our Systems or attempt to decipher any transmissions to or from the servers running the M-KOPA App or System; and
  7. not to infringe any privacy or data protection laws in relation to your use of the M-KOPA App.
3. Account Registration and Account Security

You will be required to create an Account to use certain features of the M-KOPA App. When you do, We may ask you to provide certain registration details or other information about yourself, such as your full name, national identity number and telephone number and any such other information that will enable M-KOPA to identify You and comply with the regulatory “Know Your Customer” requirements and to provide you with any services (together the “Personal Data and/or Personal Information”). Personal Data and/or Personal Information will be collected and used in accordance with Our privacy practices detailed in Our Privacy Policy.

It is a condition of your use of the M-KOPA App that any Personal Data and/or Personal Information you submit to or provide through the M-KOPA App is correct, current, and complete. You may not impersonate someone else to create an Account, create or use an Account for anyone other than yourself, permit anyone else to use your Account or provide your Personal Data or Personal Information for purposes of Account registration other than your own. You assume all risks associated with your Personal Data and/or Personal Information, including anyone’s reliance on its quality, accuracy, reliability, and appropriateness.

Once you have an Account on the M-KOPA App, you are a “Registered User” of Our M-KOPA App. As a Registered User, you are responsible for all activities that occur in connection with your Account. You agree to immediately notify M-KOPA if you have any reason to believe that your Account credentials have been compromised, or if there is any unauthorized use of your Account or password or any other breach of security.

M-KOPA is not liable for any loss or damage arising from your failure to comply with the above requirements.

4. Use of the M-KOPA App

I. Payment Terms

M-KOPA will ensure that your Account is activated on the M-KOPA App once the Initial Payment for your Product is received and, thereafter, whenever your Account has a positive credit balance. You may use the M-KOPA App to pay your Credit Payment in connection with your use of the Product. The Credit Payment payable by you to Us in relation to your Product may be displayed on the M-KOPA App.

**We shall be entitled to set and amend the Credit Payment, in connection with your purchase of Additional Products and/services from time to time.

If your Product has been purchased on credit sale and you fail to pay the applicable payment, We will be authorized to deactivate your Product through the M-KOPA App pending settlement of the applicable payments. While your Product is deactivated, you will have access to an emergency contact and where applicable, your Mobile Money Account in order to facilitate payment of your Credit Payment. In addition, if you fail to pay the Credit Payment, your credit history may be reported to a credit reference bureau and may not be eligible for additional M-KOPA Products and/or services.

M-KOPA shall not accept responsibility if a Product does not receive payment due to third party system or network outages which result in a failure for an Account to receive payments.

II. M-KOPA App Requests

  1. You hereby irrevocably authorize Us to act on all Requests received from you (or purportedly from you) through the M-KOPA App and to hold you liable in respect thereof. We may nevertheless refuse to carry out any Requests in Our sole and absolute discretion.
  2. We shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in Our absolute discretion, We believe that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
  3. We shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which We may act if We have in good faith acted in the belief that such instructions have been sent by You.
  4. You agree to and shall release from and indemnify Us against all claims, losses, damages, costs and expenses, howsoever arising in consequence of, or in any way related to Us having acted (or failed to act) in accordance with the whole or any part of any of your Requests.

III. **Advertisement of Additional M-KOPA Products

You may be eligible to an upgrade or an upsell of other M-KOPA Products and/or service from the M-KOPA App based on your payment history and other relevant factors. For the avoidance of doubt, the Additional M-KOPA Products may include digital financial services, such as cash loans or e-vouchers, which shall be subject to the applicable Agreement.

Should you be eligible to purchase any additional M-KOPA Product and/or service but fail to keep current on Credit Payments or contractual obligations, M-KOPA may deactivate your Product(including exercising a seller’s lien as applicable under the credit sale arrangement) and all of the M-KOPA Products that you have purchased, including any M-KOPA Products for which You have already paid the Total Payment.

IV. Deletion of the M-KOPA App

You acknowledge that your Device has a mobile device management restriction that may prevent the uninstallation of the M-KOPA App as long as you have any outstanding Credit Payment.

Upon settling the Total Payment, You may request M-KOPA to deactivate the mobile device management restriction, otherwise, You understand that the mobile device management restriction shall remain on Your Device for a period of up to 3 years from the date of purchase to be eligible for any Additional Products.

Please contact M-KOPA through the contact address provided in Clause 14 should yourequire further assistance.

5. Customer's Responsibilities

You shall at all times follow the security procedures notified to you by Us from time to time or such other procedures as may be applicable to the M-KOPA App from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account's confidentiality.

6. Intellectual Property

All Intellectual Property subsisting in or relating to the M-KOPA App, company name, logo and all related names, logos, taglines, product and service names, designs, and slogans are the property of M-KOPA or its affiliates or licensors. You may not use such Intellectual Property without the prior written consent of M-KOPA. All other names, brands, and marks that may appear on the M-KOPA App remain the property of their respective owners and appear on the M-KOPA App for identification purposes only.

7. Third-Party Websites and Services

The M-KOPA App may contain hyperlinks to third-party or other websites, applications, products or services (“Third-Party Services”). If there are Third-Party Services or other resources linked to on the M-KOPA App, either by M-KOPA or a third-party, these links are provided only for the convenience of Our Registered Users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to the M-KOPA App, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.

8. No Guarantee of Service

M-KOPA will not be liable if all or any part of the M-KOPA App is unavailable at any time or for any period of time. From time to time, We may restrict access to some parts of or the entire M-KOPA App to Registered Users. We cannot and do not make any representations or warranties with respect to the Devices you use to access or use the M-KOPA App, including with respect to device compatibility.

9. Disclaimer of Warranties

M-KOPA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE. THE M-KOPA APPLICATION, APPLICATION INFORMATION AND ANY OTHER PRODUCT OR SERVICES OBTAINED THROUGH THE M-KOPA APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NEITHER M-KOPA NOR ANY PERSON ASSOCIATED WITH M-KOPA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE M-KOPA APPLICATION. M-KOPA DOES NOT REPRESENT OR WARRANT: (I) THAT THE M-KOPA APPLICATION, APPLICATION INFORMATION OR ANY OTHER PRODUCTS OR SERVICES OBTAINED THROUGH THE M-KOPA APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT OUR M-KOPA APPLICATION OR THE SERVER THAT MAKES BOTH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT THE M-KOPA APPLICATION OR ANY OTHER PRODUCT OR SERVICES OBTAINED THROUGH THE M-KOPA APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DESPITE THE SECURITY MEASURES TAKEN BY M-KOPA THERE IS AN INHERENT RISK IN OPERATING M-KOPA APP OVER THE INTERNET WHICH MAY INCLUDE INSECURE, PUBLIC NETWORKS. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND ACCEPT THE RISKS ASSOCIATED WITH PUBLIC ACCESS TO THE INTERNET AND PUBLIC USE OF AN UNSECURED WIRELESS NETWORK. M-KOPA DISCLAIMS ALL RISKS AND LIABILITY ASSOCIATED WITH SOFTWARE OR DATA BEING DAMAGED BY ANY VIRUS, DISABLING CODES, WORMS OR OTHER DEVICES AND DEFECTS WHICH MIGHT BE TRANSMITTED OR ACTIVATED VIA THE NETWORK, OR YOUR ACCESS TO IT OR THE CONNECTIONS TRANSMITTED TO AND FROM THE M-KOPA APP BEING INTERCEPTED AND MODIFIED BY THIRD PARTIES.

To the extent permissible under applicable law, you waive and hold M-KOPA harmless from any claims resulting from any action taken by M-KOPA during or as a result of investigations by either M-KOPA or law enforcement authorities.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL M-KOPA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE M-KOPA APP, WHETHER OR NOT M-KOPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE M-KOPA APP OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE M-KOPA APPLICATION. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

11. Governing Law

These Terms are governed and will be construed in accordance with the applicable laws of the Registered User’s jurisdiction.

12. Termination

We may deactivate yourAccount, suspend your ability to use certain portions of the M-KOPA App or ban you altogether from the M-KOPA App for any or no reason, and without notice or liability of any kind. Any such action could prevent youfrom accessing your Account and any other related information. Please review Our Privacy Policy for information about Our privacy practices with respect to your personal information (including Personal Data and/or Personal Information) when you deactivate your Account.

These Terms will survive any termination pursuant to this Section 12.

13. General Provisions

No waiver of these Terms by M-KOPA will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of M-KOPA to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect M-KOPA’s and your intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms, and any rights or obligations under these Terms are not assignable, transferable, or sublicensable by you, except with M-KOPA’s prior written consent, and any attempted assignment, transfer or sublicensing by you shall violate these Terms and be void. M-KOPA has the right to transfer or assign the Terms or any right or obligation under the Terms at any time. Further, you consent to such transfer or assignment by M-KOPA of any rights or obligations therein, provided that such transfer or assignment does not alter your rights and obligations under the Terms to your detriment.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

14. Contact

Any questions, requests for technical support, complaints, claims or other communications relating to the M-KOPA App should be directed to  contact.app@m-kopa.com.