Terms and Conditions

 

1. INTRODUCTION

269 is a digital platform that brings together willing borrowers and lenders. This digital platform comprises of but not exhaustively; USSD, SMS, Android, IOS and Web platforms. 269 ("269" or "Platform" or "we" or "our" or “system” or “269 system”) a trade name owned and managed by 269 Ventures Ltd. 269 purposes to build a community that shares its resources in an environment of honesty, promoting togetherness and growth. On our platform, lenders can see people who are willing to borrow, details of service providers such as verification agencies, collection agents and other such service providers that would provide services to either lenders or to borrowers. 269 is neither a collective investment scheme nor a "Chama" fund or any other such financial scheme.

 

2. DEFINITIONS

2.1. In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:

2.1.2 “Borrower” means a Customer who has registered as a borrower on the Platform and borrows money under the Terms and Conditions herein.

2.1.2. “Credit Reference Bureau”(CRB) means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information;

2.1.3. “Customer” means the person who has registered on 269 platform as a lender or borrower.

2.1.4. “Customer Care Centre” means the people assigned to assist 269 customers;

2.1.5. “E-Money” means the electronic monetary value;

2.1.6. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the platform;

2.1.7. “IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons and its successors;

2.1.7. “Lender” means a Customer who has registered as a lender on the Platform and has accepted the Terms of Use herein and who lends money under a Loan Contract;

2.1.8. “269 Agent Account” means an account held by an Agent with 269 and which is opened and operated in accordance with the Terms and Conditions herein contained;

2.1.11. “USSD” means the Unstructured Supplementary Services Data, which allows you to browse 269 menus;

2.1.15. “269 PIN” means your Personal Identification Number being the secret code used to access and operate 269 Account;

2.1.17. “Network” means the mobile cellular network or internet connection;

2.1.18. “Request” means a request or instruction received by 269 from you or purportedly from you through the Network and the System and upon which 269 is authorized to act;

2.1.20. “Services” shall include any form of financial services or products that 269 may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;

2.1.22. “SMS” means a Short Message Service consisting of a text message transmitted from one mobile phone to another mobile phone;

2.1.24 “T&C’s” means the terms and conditions of the agreement.

2.1.24. “We,” “our,” and “us,” means 269 and includes the successors and assigns of 269;

2.1.25. “You” or “your” means the Customer and includes the personal representatives of the Customer;

2.1.26. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;

2.1.27. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2.1.28 “User” means individuals interacting with the platform to lend, borrow or seek information regarding the products, services and the system and may include the lender, borrower and parties seeking information regarding the products, services and the system.

2.1.28 "SYSTEM" means the 269 platform owned and managed by 269 Ventures Ltd.

 

 

3. ACCEPTANCE OF TERMS AND CONDITIONS

Before proceeding to use the 269 System you should carefully read and understand these Terms and conditions which will govern the use and operation of the system.

You will be deemed to have read, understood and accepted these Terms and Conditions:

3.1 Upon clicking on the “Accept” option on the 269 Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

3.2 By using and continuing to use this Platform, you agree to the Terms and Conditions that 269 has provided.

3.3 If you do not wish to agree to these Terms and Conditions, please click “Decline” on the 269 Menu.

If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Platform. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Platform in any way.

 

4. Description of Products & Services

In the Platform, 269 provides the capacity to lenders and borrowers, service providers to borrowers, partners who facilitate lending and credit reports for lenders and borrowers.

By agreeing or your acceptance by clicking "yes" in the options menu we shall be entitled to send you regular updates via email/ SMS/ phone call or any other means regarding our Services and Product offerings.

 

 

5. General Agreement

This Agreement sets out the complete terms and Conditions (hereinafter called “these Terms and conditions”) which shall be applicable to the user of this Platform (as hereinafter defined) opened by you (as hereinafter defined) with 269 Ventures Limited (as hereinafter defined).

By using this Platform (other than to read this T&C for the first time), users agrees to comply with all the terms and conditions hereof. The right to use this Platform is personal to the user and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any. User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of 269, and 269 shall not be responsible for any data lost while transmitting information on the internet. While it is 269’s objective to make the Platform accessible 24 hours per day, 7 days per week, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of 269, access to the Platform may be interrupted, suspended or terminated from time to time. 269 shall have the right at any time to change or discontinue any aspect or feature of 269, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, 269 may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

 

6. Modified Terms

269 reserves the right at all times to discontinue or modify any of the Terms and Conditions as may be deemed necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and you continue to use our Platform, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon 269's posting thereof. Any use of 269 by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

 

7. License and Platform Access

269 grants you limited access for personal use of the Platform. This access does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Platform and the framing of any Content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in 269’s sole discretion) an unreasonable or disproportionately large load on 269’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by 269 to prevent or restrict access to the Platform. Any unauthorized use by you shall terminate the permission or license granted to you by 269. By using this Platform and by accepting to agree to these terms and conditions you also agree that you shall not hack or otherwise hire some third party to hack the Platform or use any other unauthorized means without a written consent of 269 and access any third party information. You shall in such an event be liable of a criminal offence and 269 shall institute appropriate legal proceedings to claim damages. 269 also reserve rights to institute proceedings in accordance with the law relating to intellectual property rights violation or infringement available to it in case the misuse of this Platform.

 

8. 269 User Acceptance

8.1 User Eligibility: 269 Service is not available to persons under the age of 18 or of unsound mind or who are declared insolvent or to any Users suspended or removed from the system by 269 for whatsoever reason. If you do not qualify, you may not use 269 or the Platform.

8.2 User Rights: By agreeing to the terms and conditions set out in the agreement, 269 grants the user non-transferable and non-exclusive rights to the 269 platform as expressly constituted in this agreement. The user;

    8.2.1 will not lease, rent or sub-license the digital platform.

    8.2.2 will not modify the digital platform in any way, wholly or partly.

    8.2.3 will not reverse engineer or create derivative works based on a part or the whole digital platform

    8.2.4 will not access or alter the source code of the digital platform in any manner

8.3 User Requests: The user herein irrevocably authorizes 269 to act on all requests received from the platform where such requests will be deemed to have been initiated by the user who is in possession of their 269 platform.

269 in its discretion reserves the right to reject requests deemed as in breach of the terms and conditions contained herein.

269 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 its absolute discretion, 269 believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

269 may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you. 269 shall not be under any obligation to so decline in any case and shall in no event or circumstance be liable for not so declining.

You agree to and shall release from and indemnify 269. against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to 269 having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.

You acknowledge that to the full extent permitted by law 269 shall not be liable for any unauthorized transfer, acceptance, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your 269 platform or any means whether or not occasioned by your negligence.

8.4 User Conduct and Responsibilities: the user has the sole responsibility of maintaining the safety of their phones and accounts for the purposes of accessing the 269 platform.

 

9. Your Account

In consideration of your use of the Platform, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or goods under the laws as applicable in Kenya. Additionally, you are more than 18 years of age. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Platform's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or 269 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 269 has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). As 269 is a Platform that enables borrowers to find lenders and lenders to find borrowers, it considers provisions of wrong information on its Platform willingly an act that would constitute misrepresentation, fraud and cheating. If you use the Platform, you are responsible for maintaining the confidentiality of your account and password (if any), and for restricting access to your equipment. You agree to accept responsibility for all activities that occur under your account. You agree to notify 269 immediately of any unauthorized use of your account or any other breach of security. 269 reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. In the event, 269 finds that the information shared by the User of the Platform is incorrect or that the User is in breach of terms or conditions of the Platform or User is in default of the lenders and borrowers agreement than in such case 269 may add the name and details of such person in the list of persons who are blacklisted from receiving funds or lending.

 

TYPES OF ACCOUNT

 

9.1 269 Agent/Lender Account 

9.1.1 As a holder of a 269 Agent Account, you may pay a subscription fee and lend through our 269 platform. The transaction fees payable is between you and your service provider.

9.1.2 Commissions are paid according to your subscription level every time you lend or on demand through the platform and as stipulated on our website.

 

9.2. 269 Loan/Borrower Account

9.2.1 As a holder of a 269 Loan Account, you may, subject to these Terms and Conditions, apply for a loan from 269 using the platform.

9.2.2 Where you apply for a loan from 269, you acknowledge that you give consent to have your credit score assessed and CRB status verified. Your application shall be appraised according to the applicable loan appraisal processes of 269. 269 reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.

9.2.3. Subject to approval of your application for a loan, 269 shall disburse to you a loan of an amount to be based on the agent’s subscription fee level in its sole discretion subject to a minimum amount of Kenya Shillings Five hundred (KES. 500/=) and a maximum amount of Kenya Shillings Twenty Thousand (KES. 20,000/=) or such other minimum or maximum amount as 269 may from time to time in its sole discretion determine (the “Loan”)

9.2.4 The proceeds of the Loan shall be credited into your platform approved wallet in full; no transactional fee or “hidden fees” will be charged.

9.2.5. You shall repay the Loan according to the schedule provided (4 weekly repayments). In the event that you default in the repayment of the loan in accordance to the stipulated schedule, then the whole balance of the said loan amount and penalties undercharged at the date of such default shall immediately become due and payable by you without demand and you shall bear penalties thereon during the period of default at a rate of 5% per day till full payment. Penalties can be written off at the discretion of your agent and cannot be more than the loan disbursed.

9.2.6. You shall make all payments due from you to 269 in respect of the Loan and Interest Fees using the M-PESA Service, Paybill number 519606 and account number being the account provided by the us when the loan was disbursed.

9.2.7 269 shall be entitled to terminate this Agreement and close your 269 Agent Account without prejudice to any of its rights accruing hereunder if you fail to repay the Loan and/or the Interest Fees due thereon within thirty (30) calendar days of the disbursement of the Loan.

9.2.8 269 shall hold your funds in your 269 Agent Account as collateral and security for any amounts outstanding and due from you to 269 in respect of your 269 Loan Account. You hereby agree and confirm that 269 is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your 269 Account for so long as and to the extent of the amount outstanding in respect of your 269 Loan Account without 269 giving any notice to you and/or without incurring any liability to you whatsoever in that connection.

9.2.9. 269 reserves the right to vary the terms of the Loan including the interest charged thereon from time to time having regard to the prevailing rules and regulations of the policies of 269.

9.3 Inactive Accounts

9.3.1 Your 269 Account will automatically be classified as inactive if you do not initiate any transactions on the account for a continuous period of 1 month

9.3.2 Your 269 Account will be classified as Dormant if it remains inactive for a further period of 1 months, in which case the account balances shall be transferred from your 269 Account to a central account for security reasons.

9.3.2 You will not be allowed to transact on an inactive or dormant account but 269 shall, upon your written (e.g. letter/email) request, inform you of the procedure to be followed to activate your inactive/dormant account

9.4 Half Commission Accounts

9.4.1 269 may decide to award the Lenders/Agents with a 269 Agent Account with a subscription fee amount paid by 269. This account will be classified as a half commission account and will attract half the entitled commissions. The subscription period is one year but may be renewed at the sole discretion of 269.

9.5 Full Commission Accounts

9.5.1 An Agent/Lender shall pay a subscription fee (which is non-refundable) for each account desired and will serve as a basis for operating the account. This account will be classified as a full commission account and will attract full commissions. The subscription period is five years and a renewal fee may apply and its form determined and communicated by 269.

 

10. Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Platform and all charges related thereto. 269 shall not be liable for any damages to the End User's equipment resulting from the use of this Platform.

 

11. End User conduct

This Platform and any individual Platforms or merchant-specific, city-specific, or state-specific Platforms now or hereinafter contained within or otherwise available through external hyperlinks with our Platform (the "MicroPlatforms") are private property. All interactions on this Platform and/or the MicroPlatforms must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Platform, we do insist and require that all End Users restrict any and all activity in connection with the use of this Platform and the MicroPlatforms to that which involves lawful purposes only. End User shall not post or transmit through this Platform any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without 269's express prior, written approval, contains advertising or any solicitation with respect to Products or Services. Any conduct by an End User that in 269's exclusive discretion restricts or inhibits any other End User from using or enjoying this Platform and/or any of the MicroPlatforms is strictly prohibited. End User shall NOT use this Platform or any of the MicroPlatforms to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Platform and/or the MicroPlatforms to become users of other on- or offline services directly or indirectly competitive or potentially competitive with 269.

 

The foregoing provisions of this Section apply equally to and are for the benefit of 269, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

12. Monitoring

269 shall have the right, but not the obligation, to monitor the content of the Platform at all times, including any chat rooms and forums that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by 269, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, 269 shall have the right to remove any material that 269, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

13. License Grant

By posting communications on or through this Platform, User shall be deemed to have granted to 269 a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees

 

14. Personal Information

In order to avail of the Services from the Platform, you will need to provide your details prior to get enlisted either as a borrower or as a lender. As an account holder you are required to provide 269 with accurate personal information. Provision of another person’s details as your own will not be deemed acceptable.

Any personal information collected by 269 shall not be disclosed to any third party unrelated to 269 business unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the terms and conditions you grant 269 an unconditional right to share your personal information with 269’s partners, affiliates, employees and agents for administrative purpose. Please also see the Privacy Policy in this regard.

 

15. Cancellation by 269

Please note that there may be certain instruction to remit payments or seek rendition of services that 269 is unable to accept shall be cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We may also require additional verifications or information before accepting any instruction or registering you on the Platform as a lender or a borrower. The borrower(s) and lender(s) are required to note that negative third-party verification report(s) are crucial factors considered during the funding process. The funding may get rejected at any stage due to lack of information or verifiable information.

 

16. Fraudulent /Declined Transactions

269 reserves the right to recover the cost of Service(s) and Product(s), collection charges and lawyer’s fees from persons using the Platform fraudulently. 269 reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions.

 

17. Limitation of Liability

269, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or using the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, 269 assumes no liability whatsoever for any monetary or other damage suffered by you because of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform. You expressly understand and agree that 269 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 269 has been advised of the possibility of such damages), resulting from use of the Platform or any related goods and services.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

The User further with immediate effect waive any right which had accrued to him from using the Platform to initiate any legal action against 269. User also acknowledge that the credibility of a lender or a borrower as depicted upon the Platform is based on the information that is provided to 269. In case there is a non-disclosure of information to 269 of the information, and the judgment of 269 is impaired and the ratings or credibility of a lender or a borrower is not found to be correct, 269 shall not be responsible for any claims or liabilities. 269 in any event is not responsible for any default in return of money that is borrowed from the lender and the lender shall have exclusive right under the Security Agreement. 269 do provide the necessary information and support to the lender. However, lender shall not make any claim against 269 and shall conduct an independent due diligence of the borrower before lending it to him.

 

18. Indemnity

You agree to indemnify and hold 269 (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this T&C or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this T&C.

 

19. Severability

If any of the Terms shall be deemed void, invalid or unenforceable for any reason, that condition shall be deemed several and shall not affect the enforceability of any remaining provision.

 

20. Customer Communication

269 will communicate with you through any of the mode using email, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and/or contact telephone and/ or mobile number to 269 for this purpose.

When you use the Platform or send emails to 269, you are communicating with 269 electronically. You consent to receive communications from 269 electronically.

From time to time, 269 will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by contacting at info@269.com

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

21. Platform-Provided Email and Postings

The Platform may provide End Users with the ability to send email messages to other End Users and non-End Users and to post messages on the Platform. 269 is under no obligation to review any messages; information or content ("Postings") posted on the Platform by End Users and assumes no responsibility or liability relating to any such Postings.

You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

(ii) Advertisements or solicitations of any kind.

(iii) Impersonate others or provide any kind of false information.

(iv) Personal information such as messages which state phone numbers, National Identification Numbers, account numbers, addresses, or employer references.

(v) Messages by non-spokesperson employees of 269 purporting to speak on behalf of 269 or containing confidential information or expressing opinions concerning 269.

(vi) Messages that offer unauthorized downloads of any copyrighted or private information.

(viii) Chain letters of any kind.

(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.

This prohibition includes but is not limited to:

a) Using 269 invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;

b) Using 269 to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and

c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

 

22. Links

The Platform or third parties may provide links to other World Wide Web Platforms or resources. Because 269 has no control over such Platforms and resources, you acknowledge and agree that 269 is not responsible for the availability of such external Platforms or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Platforms or resources. You further acknowledge and agree that 269 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Platform or resource.

 

23. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution.

 

24. Acknowledgments

 

I. You acknowledge that 269 is not at all responsible for any claim or damage in case either the person who has agreed to grant loan has not granted loan or the person who has agreed to repay the loan do not repay the loan.

II. You acknowledge that 269 in no manner warrants or guarantees the performance of a service provider that is providing services through the Platform of 269.

III. You acknowledge that 269 in no manner warrants and guarantees that the grantor of loan or the recipient of loan has provided all the information on this Platform which is true and correct including his address, phone numbers etc.

IV. You acknowledge that it is your responsibility to verify the information about the person on the Platform and 269 is in no manner liable if the information provided on this Platform is untrue or incorrect.

V. You acknowledge that 269 is in no manner responsible for any claim of money or damages in the event one person fails to either grant loan or a person fails to repay the loan or misrepresents about his financial status or commits a fraud or a cheating or any other such illegal act.

VI. You acknowledge that you have taken expert advice from a legal consultant or any other expert so required about your status to lend or borrow on the Platform.

VII. You acknowledge that you are aware of all your rights, duties and applicability of various laws including not limited to Movable Property Security Rights Act 2017 or any other statute, or law, which may govern issuance of security, lending and borrowing of monies.

 

25.Disclaimer of Warranties

 

 

ALL DETAILS OF THE MEMBERS OF THIS 269 Platform AND THEIR FINANCIAL STATUS, INCLUDED IN OR AVAILABLE THROUGH THIS Platform ARE PROVIDED FOR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, 269, ITS SHAREHOLDERS, ITS HOLDING COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION OR OTHER MATERIAL WHICH IS PLACED ON THE Platform BY ANY PERSON IS CORRECT INCLUDING HIS FINANCIAL STATUS OR CAPABILITY OR HAS NOT APPROACHED THE OTHER USER OF THIS Platform WITH A CRIMINAL INTENT TO EITHER CHEAT OR MISAPPROPRIATE OR DENY ANY OTHER USER OF ITS LEGITIMATE CLAIMS. BY UPLOADING ANY CONTENT, REPRESENTATION OR STATEMENT OF YOUR FINANCIAL STATUS OR YOUR PROOF OF RESIDENCE YOU REPRESENT AND WARRANT THAT YOU HAVE THE LAWFUL RIGHT TO REPRODUCE AND DISTRIBUTE SUCH CONTENT AND THAT THE CONTENT COMPLIES WITH ALL LAWS AND IS TRUE AND AUTHENTIC AND IS NOT IN ANY EVENT PLACED ON THE Platform TO DEFRAUD OTHER USERS OR CREATE A FALSE IMPRESSION IN THEIR MINDS THAT YOU HAVE A SOUND FINANCIAL STATUS OR ARE REASONABLY COMMITTED TO DELIVER THE REPAYMENTS ON TIME. YOU ALSO REPRESENT THAT YOU HAVE NOT EVER BEEN ACCUSED TO ANY FRAUD, MISREPRESENTATION OR DEFAULT IN REPAYMENT OF ANY CLAIMS OR MONIES TO ANY THIRD PARTY WHETHER A 269 OR NOT. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH YOUR MORAL TURPITUDE OR FINANCIAL STATUS. YOU HEREBY REPRESENT AND WARRANT TO 269 THAT YOU ARE LEGALLY COMPETENT TO EXECUTE, BE BOUND BY AND ADHERE TO TERMS AND CONDITIONS OF TERMS AND CONDITIONS OF 269. YOUR USE OF THIS Platform IS SOLELY AT YOUR RISK. YOU AGREE THAT 269 SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THIS Platform OR ANY CONTENT CONTAINED THEREIN OR ANY DAMAGE SUFFERED IN THE EVENT OF DEFAULT OR MISREPRESENTATION BY ANY OTHER USER OF THS Platform.

 

26. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL 269, ITS SUBSIDIARIES, EMPLOYEES, OFFICERS, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, SHAREHOLDERS, NON EXECUTIVE DIRECTORS OR ITS LICENSORS INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING PRODUCTS OR SERVICES ON THIS Platform, GRANTING OR RECEIVING LOAN FROM A MEMBER ASSOCIATED WITH 269 Platform BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM EITHER MISREPRESENTATION, FRAUD, COERCION, BREACH OF TRUST, MISAPPROPRIATION, CHEATING OR FOR ANY OTHER SUCH REASON OF ITS END USERS OR OF THIRD PARTIES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND LOSS OF GOODWILL OR LOSS OF INTEREST.

 

27. Monitoring:

 

In case it comes to your knowledge that any member of this Platform has committed default or fraud or misrepresents his financial status than you may inform 269 in writing and upon receipt of such information 269 shall call upon such third party to explain the allegations made in your Notice and upon receipt of an explanation from such third party 269 shall in its own discretion decide as to whether such a person should be prohibited from using the Platform.

 

28. Applicable Laws:

Your use of this Platform and any Term and Conditions stated in this policy is subject to laws of Kenya.

 

29. Jurisdiction

Courts of Nairobi will have exclusive jurisdiction of dealing with all disputes arising from use of this Platform.

 

30. Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Platform are the property of 269 and other respective persons. End Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or Platforms on the World Wide Web without the written permission of 269 or such third party which may own the Marks. All information and content including any software programs available on or through the Platform ("Content") is protected by copyright. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Platform for commercial or public purposes.

 

31. Changes to Terms and Conditions

269 reserves the right to change these Terms and Conditions of its Service without informing you. You should check our Platform for any updated Terms and Conditions.

 

32. Miscellaneous

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time 269 may offer special promotional offers which may or may not apply to your 269 account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by 269. This T&C and the relationship between you and 269 will be governed by the laws as applicable in Kenya. Any dispute(s) arising out of this T&C will be handled in the competent courts of Nairobi, Kenya. The failure of 269 to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. 269 does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and 269 and governs your use of the Platform, superseding any prior agreements between you and 269 with respect to the Platform.

 

33. Payment Methods

You can pay 269 using –payments services deployed by 269 from time to time. 269 has also deployed a system of electronic payment of fees, the details of which are available at www.269.com

All transactions are processed in KES.

34. 269 holds the complete right to de-activate

Any lender/borrower on its own accord if the lender/borrower is suspected or found to be from competition engaging or trying to engage in any malicious activity

Privacy Policy

 

Please read this privacy policy (this “Privacy Policy”) carefully. By accessing or using our PesaPata Platform (the “Platform” or “PesaPata”), you confirm that you have read, understood, and agree to the Terms and Conditions for the Platform (the “Terms”) and this Privacy Policy. This Privacy Policy and the Terms constitute a binding legal agreement between you, Pesa Pata Ventures Ltd. and its subsidiaries and affiliated companies.

 

Statement of Principle

PesaPata is a peer-to-peer lending platform that connects verified lenders (each a “Lender”) and verified borrowers (each a “Borrower”). This Privacy Policy outlines how PesaPata collects, uses, discloses, manages and safeguards your information, including your personal information. PesaPata takes your privacy seriously and is committed to protecting your personal information. If you have any questions about this Privacy Policy or PesaPata’s privacy practices, please contact PesaPata with your questions by telephone at 0707 000 222 or by e-mail at info@pesapata.com

 

PesaPata will not sell or rent your personal information to any third party without your prior consent. You may contact PesaPata at any time to withdraw your consent to any such use or disclosure of your personal information. If PesaPata decides to make material changes to the Privacy Policy, PesaPata will notify you of these changes by placing a notice on the Platform for 30 days. If you do not accept the terms in this Privacy Policy or any changes made thereto, please stop accessing or using our platform.

 

Definition of "personal information"

For the purposes of this Privacy Policy, “personal information”, means any information that concerns an identifiable individual, including such person’s name, mailing address, telephone number, e-mail address, date of birth, sex, ID. number, information with respect to such person’s deposit account at a financial institution and any other information which may be disclosed in any report or document, including but not limited to any credit report, provided by Credit Reference Bureau as mandated by Central Bank of Kenya, to which PesaPata may refer from time to time for verification purposes, upon your authorization (“CRB”).

 

Collection of Information

PesaPata will collect information from you, including your personal information, when you register or apply for a PesaPata account or access or use our platform. Please note that all information entered in any application form, which is saved to be completed later, is also collected by PesaPata and subject to this Privacy Policy.

 

Agent Account or Client Account

When you apply for a Lender/Agent account (“Agent Account”) or Borrower/Client account (“Client Account”) on the Platform, PesaPata will collect certain information from you, including, but not limited to:

 

contact information (title, full name, e-mail address, mailing address and telephone number)

date of birth;

national identification number (ID);

income, assets, debt and other financial information; and/or

bank and/or electronic wallet account information.

If you apply for an Agent Account or Client Account on behalf of an entity, PesaPata will collect certain information about the entity, including, but not limited to:

 

the entity’s business, affairs and industry;

the entity’s income, assets, debt, and other financial information;

the ownership and control of the entity, which may include, at PesaPata’s discretion, information about its shareholders, directors, officers, partners, and/or trustees; and/or

the entity’s bank and/or electronic wallet account information (including but not limited to financial institution number, branch transit number and account number)

For the purposes of this Privacy Policy, applicants operating sole proprietorships are deemed to be acting for and on behalf of an entity.

 

Credit Information

When you apply for an Agent Account or Client Account on the Platform, PesaPata may collect information from a CRB that you authorize us to collect. This includes credit history, financial and identification information and any other information disclosed in a credit report or any document provided by the CRB to PesaPata. PesaPata may request and use ID numbers, as required, to facilitate CRB searches.

 

Log and Platform Information

When you access or use the Platform, PesaPata may automatically collect certain technical information about your visit, including the date, time, browser type, your internet service provider, your IP address, device information (including device identifiers), geo-location information, computer and network performance data, the URL that you are coming from and your navigation history in order to customize and personalize your experience on the Platform, diagnose and detect potential problems with the Platform, manage and improve the Platform and for statistical research purposes.

 

Correspondence and Q & A

PesaPata will collect records of all correspondence with PesaPata. This includes questions, answers and other user-generated comments submitted to the Platform.

 

Third-Party Information

PesaPata may collect the personal information about third-parties that you provide to PesaPata or authorize PesaPata to collect. You are responsible for obtaining the necessary consent for the collection and use of this information and for the disclosure of this information to PesaPata.

 

Use and Disclosure of Information

Opening an Account

PesaPata will use the personal information that PesaPata collects from you to open and maintain your PesaPata account, including verifying your identity and the information that you provide to PesaPata and determining your eligibility to become a Lender or a Borrower on the Platform.

 

Account Administration

PesaPata may use your personal information to communicate with you about your PesaPata account and to provide you with technical support.

 

Processing and Transferring Loans

PesaPata may use the information that it collects to process and transfer loans funded on Lending PesaPata. PesaPata may also share this information with its third-party agents that help PesaPata to process and transfer loans.

 

Collections and Loan Repayments

PesaPata may use a Borrower’s information to collect loan repayments or to enforce a loan agreement, a security interest or a guarantee. PesaPata may also disclose a Borrower’s information to a third-party service provider performing loan collection and enforcement services on PesaPata’s behalf, including, but not limited to any collections agency, legal counsel or receiver.

 

Borrower Information Accessible to Lenders

Certain information about each Borrower will be displayed on the Platform and accessible to General Account holders and Lenders to allow them to evaluate a Borrower’s loan request. This includes information regarding a Borrower’s location, business and operations and the loan terms (such as the loan principal amount, the interest rate and the term of the loan). Lenders will have access to additional detailed information about a Borrower, such as a Borrower’s full legal name, financial data and information with respect to the security securing the loan.

 

Legal Issues

PesaPata may use and disclose your personal information to detect, investigate, address and prevent fraudulent or illegal activities. PesaPata reserves the right to disclose your personal information as required by law, when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process served on us and to defend against legal claims. PesaPata may be required to disclose your personal information to law enforcement, securities regulators and regulatory authorities in the context of an investigation or audit. PesaPata also reserves the right to disclose your personal information to another organization to investigate the breach of an agreement, including the Terms, and for the purposes of detecting, supressing or preventing fraudulent activities.

 

Regulatory Filings

PesaPata may disclose your personal information to Kenyan regulators and regulatory authorities to meet applicable filing requirements. By engaging in borrowing and/or lending activities on PesaPata, you consent to the filing of your personal information and copies or originals of any documents provided to PesaPata with any Kenyan regulator. Should you have any concern in this regard, please consult your legal advisor.

 

Referral Disclosure

PesaPata may from time to time offer to compensate you, subject to certain terms and conditions, for referring prospective Lenders to PesaPata. In the event you refer a prospective Lender to PesaPata, your name will be disclosed to that prospective Lender where required by law.

 

Corporate Matters

PesaPata may disclose and share your personal information to explore and/or undertake a corporate transaction, including a merger, acquisition, amalgamation, IPO, reorganization or sale of PesaPata. Your personal information will be used and disclosed solely for the purposes related to the transaction and will be protected by security safeguards appropriate to the sensitivity of the information.

 

Analysis and Research

PesaPata may use the information that it collects for statistical analysis and market research purposes.

 

Retaining Your Information

PesaPata will retain all personal information that PesaPata is required to retain under any applicable laws for the full duration of time required under those laws. PesaPata may also retain all personal information obtained from any PesaPata account holder for the full duration of time required under applicable laws.

 

Third-Party Service Providers

PesaPata may transfer your personal information to a third-party service provider for processing and storage. Whenever PesaPata engages a third-party service provider, PesaPata ensures that the information is properly safeguarded at all times at a comparable level of protection the information would have received if it had not been transferred. PesaPata may transfer your personal information to a third-party service provider outside of Kenya. In the event that your personal information is transferred outside of Kenya, the government, courts or law enforcement or regulatory agencies of that jurisdiction may be able to obtain disclosure of your personal information through the laws of that jurisdiction.

 

Security Measures

PesaPata pays special attention to the protection of personal information and has therefore instituted industry standard security measures (firewalls, passwords, physical security, etc.) to protect users against any unauthorized access or disclosure. Although PesaPata strives to protect users' personal information, it cannot guarantee the absolute security of such information as no system is immune from fraud or hacking. In the event of a data breach, PesaPata will notify users at the first reasonable opportunity of the breach and immediately apply remedial measures. Neither PesaPata nor any of its officers, directors, employees, consultants, representatives, agents, successors and assigns may be held liable in case of theft, illegal use, unauthorized disclosure, loss or the alteration or destruction of information by a third party.

 

Your Rights

If you do not agree with the collection, use and disclosure of your personal information as outlined in this Privacy Policy, please do not access or use this Platform or save or send any application.

 

You may correct any inaccurate or out-of-date personal information by contacting PesaPata by telephone at 0707 000 222 or by e-mail at info@pesapata.com

 

Other Questions

If you have any questions, concerns or complaints regarding this Privacy Policy, you may contact PesaPata by telephone at 0707 000 222 or by e-mail at info@pesapata.com PesaPata will explain, if applicable, how it handles complaints and will help you resolve the issue. If a complaint is well-founded, PesaPata will take appropriate measures, including, if necessary, modification of the practices and methods hereunder. For more information on how to file a complaint, please visit the answer to the question “Who Can I Contact If I Have A Complaint?” in PesaPata’s FAQ.

 

This Privacy Policy was last updated on May 10, 2017.