Term of us

1. About these Terms of Use

Please peruse these Terms of Use meticulously. They constitute both an electronic financial service and an end-user license agreement. By registering for or utilizing any aspect of the Moja Mkopo service ("Service"), you affirm that you have thoroughly read, comprehended, accepted, and agreed to these Terms of Use, and you shall be bound by them. Failure to agree to these Terms of Use prohibits you from accessing or utilizing any portion of the Service. These Terms of Use establish a legally binding agreement between you, as an individual user ("You" or "Your"), and Moja Mkopo ("We," "Us," or "Our").

These Terms of Use, along with any amendments or modifications thereto, become effective respectively upon their date of publication.

2. Definitions and Interpretation

2.1 In these Terms of Use, the following terms hold the specified meanings:

-Group Companies: Includes a person and its Affiliates, construed accordingly.

-Service Fees: Fees and charges payable for using the Service, as published by Us in the App or through other means determined at Our discretion. Service Fees are subject to change at Our sole discretion.

-Specific Terms: Supplementary or alternative terms applicable to specific parts of the System or Service, as notified to You periodically.

-Account: Denotes your individual account for accessing the System and utilizing the Service.

-Mobile Money Account: Your mobile money store of value maintained by Mobile Money Providers in Tanzania, reflecting the amount of E-Money held by You.

-App/Application: Signifies the electronic application provided by Us and/or Our Group Companies for accessing the Service.

-Local Terms: Supplementary or alternative terms applicable to specific countries, cities, municipalities, metropolitan areas, or regions, made available and updated by Us periodically.

-Request: Instruction or request received by Us from You or purportedly from You through the System, upon which We are authorized to act.

-SIM Card: Subscriber identity module enabling access to the network and the Mobile Money Account when used with a compatible mobile phone handset.

-Business Day: Any day except Saturday, Sunday, or national/public holidays in the Federal Republic of Tanzania.

-Affiliate: Refers to any entity controlling, controlled by, or under common control with a party. "Control" denotes direct or indirect ownership of more than 50% of the voting capital or a similar ownership right, or the legal authority to direct the general management and policies of the party, whether through ownership, contract, or otherwise. "Controls" and "controlled" are construed accordingly.

-Website: Any website operated by Us or Our Group Companies from time to time.

-Mobile Device: Encompasses your mobile phone handset, SIM Card, and/or other equipment facilitating access to the network and the App.

-Credit Reference Bureaux: Refers to Tanzanian Credit Reference Bureaux responsible for collecting and facilitating the exchange of customer credit information.

-Personal Information: Refers to data, whether true or not, enabling the identification of an individual, including but not limited to name, date of birth, gender, education background, address, email, financial and credit information, Account ID, and password.

-System: The Moja Mkopo system provided by Us, including the App, related software, websites, platforms, and support services.

-Loan: The principal amount of the loan provided or to be provided by Us to You under these Terms of Use, either through the App or as the outstanding principal amount at any given time.

-SMS: Short message service transmitted from Your Mobile Device to another.

-Applicable Law: Encompasses all relevant laws, regulations, enactments, regulatory policies, ordinances, protocols, industry codes, and other legal requirements imposed by any court, tribunal, or governmental authority during the term of these Terms of Use.

2.2 In these Terms of Use:

(a) A reference to "writing" does not include email unless otherwise specified; and

(b) Any phrase introduced by the terms "including", "include", "in particular", "for example", or any similar expression is illustrative and does not limit the meaning of the words preceding those terms.

These Terms of Use are drafted in the English language. If these Terms of Use are translated into another language, the English language text will prevail. In the event of any inconsistency, the following order of precedence applies: first, (i) the Local Terms (if any); then (ii) the Specific Terms (if any); and finally (iii) the other parts of these Terms of Use.

3. Your Warranties/Responsibilities

You hereby confirm and commit to Us that:

3.1 You have full power and authority to enter into and be legally bound by these Terms of Use and to perform Your obligations under these Terms of Use;

3.2 You shall comply at all times with all Applicable Law and these Terms of Use, and will notify Us if You are in breach of any Applicable Law or these Terms of Use;

3.3 You shall only use the System and the Service for lawful purposes and only for the purposes for which it is intended to be used;

3.4 You shall ensure that any documents, Personal Information, and Credentials provided by You (or on Your behalf) to Us or otherwise via the System are at all times accurate, current, complete, and not misleading;

3.5 You shall only use an internet access point and Account which You are authorized to use;

3.6 You shall not engage in any fraudulent, deceptive, or misleading conduct; and

3.7 You shall not impair or circumvent the proper operation of the network on which the System operates.

4. Acceptance of these Terms of Use

4.1 You must carefully read and understand all the terms set out in these Terms of Use and as amended from time to time by Us before downloading or streaming the App or registering an Account with Us, which will govern the use and operation of the App and the Account.

4.2 After downloading the App, You will be deemed to accept these Terms of Use upon clicking the "Accept" option on Our System, confirming that You have read, understood, and agreed to abide by these Terms of Use.

4.3 By downloading the App and registering an Account, You agree to comply with and be bound by these Terms of Use governing the operation of the Account, affirming that the terms herein are without prejudice to any other right that We may have with respect to the Account in law or otherwise.

4.4 These terms may be amended or varied by Us from time to time, and the continued use of the Service constitutes Your agreement to be bound by the terms of any such amendment or variation. We will take all reasonable measures to notify You of any changes.

4.5 From time-to-time updates to the App may be issued through the Website. Depending on the update, You may not be able to use the Service until You have downloaded or streamed the latest version of the App and accepted any new terms and conditions of these Terms of Use.

4.6 By using the App or any of the Service, You consent to us collecting and using technical information about the Mobile Device and related software, hardware, and peripherals for Service that are internet-based or wireless to improve our products and to provide any Service to You. If You use these Service, You consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing, and use of Your data to determine our credit scoring services or to improve our Service and/or Your experience while using the App.

4.7 By using the App and Service, You allow Us to share Your credit information, both positive and negative, with Credit Reference Bureaux, and also to check Your credit report for credit scoring/appraisal purposes.

4.8 You also expressly authorize Us to contact You and Your emergency contact who has expressly agreed upon it, to verify Your information or when We are unable to contact you via other methods or when We have not received your payment in connection with Loan set out in Clause 11 herein.

4.9 You authorize the Moja Mkopo to use payment method for auto-deduction if you fail to repay the loan on the agreed repayment date by submit this bank card verification.

5. Your Use of the Service

5.1 Eligibility: The Service provided by Us is exclusively available to individuals aged 18 and above.

5.2 Account Application: Our acceptance of Your Account application will be communicated via the App. You acknowledge that such acceptance does not establish a contractual relationship between You and any third party.

5.3 Loan Approval: We reserve the right to reject or revoke Your Loan application at any stage at Our sole discretion and without prior notice or explanation.

5.4 Loan Terms: We may, at Our sole discretion, approve, decline, or modify the terms of any Loan based on Our assessment of Your credit profile. Loan terms and applicable interest rates will be displayed on the App for each Loan application.

6. Your Use of the System

Rights Granted and Reserved

6.1 License: Subject to Your compliance with these Terms of Use, We and Our licensors (if any) grant You a revocable, limited, non-exclusive, non-transferable, royalty-free license during the term of these Terms of Use and within the Territory to access and utilize the System solely for personal use in acquiring the Service provided by Us.

6.2 Ownership: All rights not expressly granted to You under these Terms of Use are reserved by Us and Our licensors (if any). Ownership of the System, whether in whole or in part, remains with Us.

Prohibited Conduct

6.3 Unauthorized Actions: While using the System, You shall not:

6.3.1 Engage in any commercial exploitation of the System or make it available to any third party in any manner;

6.3.2 Modify, create derivative works of, or attempt to reverse engineer the System;

6.3.3 Use the System for competitive purposes, copy its features, or launch automated programs that may disrupt its operation;

6.3.4 Attempt unauthorized access to the System or related networks;

6.3.5 Violate copyright, trademark, or other proprietary rights within the System;

6.3.6 Use the System for unlawful activities or to send spam or fraudulent messages;

6.3.7 Store or send infringing, obscene, or threatening material;

6.3.8 Introduce harmful computer code or viruses into the System;

6.3.9 Interfere with the integrity or performance of the System;

6.3.10 Misrepresent Your identity or location;

6.3.11 Provide false information;

6.3.12 Damage Our or Our Group Companies' reputation;

6.3.13 Collect information from the Service without authorization.

7. Your Account

7.1 Registration: To access the System, You must register for and maintain an Account through the App.

7.2 Account Responsibility: You are accountable for all activities carried out on Your Account. You:

7.2.1 Must maintain only one Account;

7.2.2 Must keep Your Account information confidential and secure;

7.2.3 Must not grant access to Your Account to any other individual or transfer Account information to others;

7.2.4 Must promptly inform Us if You suspect any unauthorized access to or use of Your Account.

7.3 Account Access: We reserve the right to block or deny access to Your Account, and/or App features, without prejudice to Our rights and remedies:

7.3.1 If, in Our sole discretion, You breach any term of these Terms of Use;

7.3.2 During an investigation;

7.3.3 If You owe any dues to Us or any of Our Group Companies;

7.3.4 Upon termination of these Terms of Use for any reason;

7.3.5 At any other time at Our reasonable discretion.

8. Your Personal Information

By agreeing to these Terms of Use, You consent to Us using and processing Your Personal Information as outlined in the Privacy Policy, subject to amendments made by Us from time to time.

9. Requests Made By You

9.1 Authorization: You irrevocably authorize Us to act on all Requests received from You (or purportedly from You) through the System and hold You accountable for them.

9.2 Discretion: We reserve the right to reject any Loan application Request from You, even if You have previously been granted a Loan by Us.

9.3 Acceptance: We may accept and act upon any Request, even if incomplete or ambiguous, if We believe We can correct the information without needing further confirmation from You.

9.4 Proper Action: We are deemed to have acted properly and fulfilled obligations to You, even if a Request is initiated in error or fraudulently, provided We acted in good faith.

9.5 Further Enquiry: We may decline to act on Your Request pending further enquiry or confirmation from You.

9.6 Indemnification: You agree to release and indemnify Us against any claims arising from Our action or inaction based on Your Request.

9.7 Unauthorized Activity: You acknowledge that We are not liable for any unauthorized activity on Your Account due to the use or manipulation of Your Account credentials.

9.8 Compliance: We are authorized to comply with any court order or competent authority's requirements regarding Your Account under Applicable Law.

9.9 Conflict Resolution: In case of conflict between any Request terms and these Terms of Use, these Terms of Use prevail.

10. Your Responsibilities

10.1 Maintenance of Mobile Device: You are required to provide and upkeep, at your expense, a Mobile Device in good operational condition to access the System and the Service.

10.2 Mobile Device Performance: You are responsible for ensuring the proper functioning of Your Mobile Device. We are not liable for errors or failures due to Mobile Device malfunctions or computer viruses associated with the System, the Service, and Your Mobile Device. You are responsible for charges by any service provider for network connections, and We are not liable for losses or delays caused by such providers.

10.3 App Access: Your access to the App is via Your Mobile Device. It is Your responsibility to ensure the correct App is downloaded for Your Mobile Device. We are not liable if You lack a compatible device or the latest App version.

10.4 Lost or Stolen Devices: If Your Mobile Device is lost, stolen, broken, or no longer in Your possession, and this exposes Your Account information and Credentials, You must immediately notify Us and follow Our procedures. We are not liable for disclosure of Your Account information and Credentials to third parties.

10.5 Internet and Mobile Plan: You are solely responsible for having an appropriate internet and mobile plan and for any fees charged by Your Mobile Service Operator, such as telephone, SMS, and internet data fees. You acknowledge that Your use of the System may consume large amounts of data, and You will be solely responsible for such usage and associated fees.

10.6 Compliance: You must adhere to all instructions, procedures, and terms outlined in these Terms of Use and any documents provided by Us regarding the System and the Service.

10.7 Security Precautions: You must take reasonable precautions to detect any unauthorized use of the System and the Service. You must immediately inform Us if:

10.7.1 You suspect unauthorized access to Your Credentials;

10.7.2 Unauthorized use of the Service occurs or could occur;

10.7.3 You fail to follow recommended security procedures, risking a breach of Your Account’s confidentiality.

11. Financial Terms

Interest and Service Fees

11.1 Interest rates and Service Fees applicable to Your Loan will be displayed on the App. We may amend or vary Service Fees, with reasonable notification provided through the App.

11.2 Payments made under these Terms of Use must be without any set off or counterclaim. If deductions or withholding taxes apply, You must pay additional amounts to ensure We receive the full payment.

11.3 Late fees will apply if You fail to make payments by the due date.

Taxes

11.4 Taxes are not included in payments under these Terms of Use. If taxes apply, You must pay Us an additional amount equal to the payment multiplied by the appropriate tax rate.

11.5 We may withhold amounts in Your Account as required by tax authorities or pursuant to agreements with tax authorities.

Payments

11.6 Payments related to these Terms of Use and Loan must be made before/on the due date using payment methods offered and displayed on the App.

11.7 All payments must be in the local currency of the Territory.

12. Default

12.1 Event of Default: An event of default occurs when You:

12.1.1 Fail to pay any sum or installment (including accrued interest, Service Fees, and tax) for a Loan under these Terms of Use for fifteen (15) cumulative days, unless due to an administrative error or technical problem; or are declared bankrupt.

12.2 Actions on Default: After an event of default, We may, without prejudice to other rights or remedies under Applicable Law:

12.2.1 Terminate these Terms of Use as per Clause 13 herein;

12.2.2 Declare the Loan immediately due and payable, including all outstanding amounts;

12.2.3 Provide information about the default to Credit Reference Bureaux and impose late fees as displayed on the App for payment default.

13. Term and Termination

13.1 Duration of Terms: These Terms of Use continue until terminated as per their terms.

13.2 Grounds for Termination: We may terminate these Terms of Use, suspend, or terminate Your use of the System, Service, and Account:

13.2.1 At any time for any reason with notice to You;

13.2.2 Immediately, with or without notice, for breach of these Terms of Use;

13.2.3 If Your account with a Mobile Network Operator or Mobile Money Provider is terminated;

13.2.4 For technical issues, safety reasons, updates, or if Your Account becomes inactive or dormant;

13.2.5 To comply with orders, regulations, or commercial decisions;

13.2.6 If We decide to suspend or cease the Service.

13.3 After termination, You must:

13.3.1 Pay any outstanding amounts owed to Us promptly;

13.3.2 Delete the App from Your Mobile Device.

13.4 Termination does not affect accrued rights and liabilities.

13.5 Certain clauses, including 2, 3, 8, 11, 13, 14, 17, and 18, continue post-termination.

14. Indemnities and Exclusion of Liability

Indemnities

14.1 You must defend, indemnify, and hold Us and Our licensors harmless from any claims, costs, damages, losses, or liabilities arising from:

14.1.1 Breach of these Terms of Use or Applicable Law;

14.1.2 Your use of the System or Service.

Exclusion of Liability

14.2 We are not liable for losses due to Mobile Device failure, Force Majeure, or System errors.

14.3 The App is not tailored to Your needs; You're responsible for ensuring it meets Your requirements.

14.4 We're not liable for losses arising from commercial use of the App.

14.5 We're not liable for losses due to App defects caused by You, misuse, or non-compliance with these Terms of Use.

14.6 We're not liable for indirect or consequential losses.

14.7 Our maximum aggregate liability is limited to the Service Fees paid by You.

14.8 Claims must be notified within six (6) months.

14.9 We're not responsible for:

-Malfunctions in communication facilities.

-Delays in message transmission.

-Viruses affecting Your device.

-Unauthorized access to Your data.

-Third-party content.

15. Third Party Sites

15.1 Links to Third Party Sites: We may provide links to other websites or mobile applications operated by third parties ("Third Party Sites or Apps"). These links are for informational purposes only and do not imply endorsement by us of any products, services, or opinions on Third Party Sites or Apps.

15.2 Disclaimer: We make no warranties regarding the content of Third Party Sites or Apps, including accuracy, completeness, or suitability for any purpose. We do not guarantee that Third Party Sites or Apps are free from copyright infringement or viruses.

15.3 Privacy and Security: Third Party Sites or Apps may have different privacy policies and security measures than ours. Accessing Third Party Sites or Apps is at your discretion, and you assume any associated risks.

16. Consent to Receive Direct Marketing Communications

By using the Services, you agree to receive direct marketing communications from us. You can opt out at any time by using the "unsubscribe" feature in the message or indicating your choice on the communication.

17. Dispute Resolution

17.1 Applicable Law: Disputes arising from these Terms of Use will be subject to Tanzanian law unless your Territory's law dictates otherwise.

17.2 Arbitration: Disputes will be referred to arbitration in accordance with Tanzanian Arbitration (Rules of Procedure) Regulations.

17.3 Arbitration Venue: Arbitration will take place in Dodoma.

17.4 Finality of Arbitration: Arbitration decisions are final and binding.

17.5 Legal Proceedings: Legal proceedings for preliminary relief may be initiated pending arbitration.

18. General

18.1 Force Majeure: We are not liable for delays due to circumstances beyond our control.

18.2 Confidentiality: You must not disclose confidential information about our business.

18.3 Creditor's Rights: We may transfer creditor's rights without notice.

18.4 Amendments: We may amend these Terms of Use; your continued use implies acceptance.

18.5 Cumulative Rights: Each party's rights are cumulative and may be waived only in writing.

18.6 Entire Agreement: These Terms of Use constitute the entire agreement between the parties and supersede previous agreements.

18.7 Assignment: You may not assign rights or obligations without consent; we may do so freely.

18.8 Severability: If any part of these Terms of Use is found invalid, the remainder remains in effect.

18.9 Third-Party Rights: Only parties to these Terms of Use can enforce them.

18.10 Notices: Notices may be given through the App or email.

18.11 Complaints: Send complaints or suggestions to contact-tz@mojamkopo.com.