Terms of Use

1.About these Terms of Use

Please read carefully these terms of use because they serve as both an agreement for electronic financial services and an end-user licensing agreement. When you register or use any part of the Risine Credit Limted service (now called the "Service"), you confirm that you understand, accept, and agree with these terms and conditions. By making use of any part of the service, you agree to these terms and promise to follow them. If you disagree with these Terms of Use, you are not permitted to use or access any part of the Service. These Terms of Use create a legally applicable agreement between the Risine Credit Limted service and you, an individual user ("You" or "Your").

The date on which these Terms of Use are published, as well as any modifications or updates, are effective.

2.Your warranties and responsibilities

It is confirmed by you that:

  • 2.1 You are fully authorized to adhere legally to these Terms of Use and to accept them.
  • 2.2 You will inform us immediately of any violations of these Terms of Use and all applicable laws.
  • 2.3 You will only use the System and Service for legitimate purposes.
  • 2.4 The documents, credentials, and personal information you submit are accurate, complete, and not deceptive.
  • 2.5 You will utilize accounts and authorized internet access points.
  • 2.6 You promise not to participate in any illegal activity.
  • 2.7 You commit not to interfere with the system's function.

3.Acceptance of these Terms of Service

  • 3.1 Carefully read and understand these Terms of Use before streaming, creating an account for the App, or downloading it.
  • 3.2 By clicking "Accept" on our system following the download of the application, you confirm and accept the terms of use.
  • 3.3 By registering and utilizing the application, you endorse these terms of service.
  • 3.4 Your continued use indicates that you agree to these conditions, and we reserve the right to alter them.
  • 3.5 Accepting new terms via the website may be necessary for modifications.
  • 3.6 You agree that we can collect technical data in order to enhance our offerings by using the application.
  • 3.7 We may contact you or your emergency contact in order to confirm information.

4.Your Account

  • 4.1 To use the System, you must register and maintain an account.
  • 4.2 You are responsible for all actions related to the account. Particularly:
  • 4.2.1 Keep a single account.
  • 4.2.2 Maintain and safeguard the privacy of account data.
  • 4.2.3 Do not allow others to access your account.
  • 4.2.4 Immediately report any unlawful use of your account.

5.Methods of Using the System

All Rights Reserved.

  • 5.1 As a result of your adherence to these Terms of Use, you are granted a royalty-free, revocable, limited, non-exclusive, non-transferable license to access and use the System for the sole purpose of obtaining the services that we offer, within the Territory and for the duration of these Terms of Use.
  • 5.2 We and our licensors (if any) retain all rights that you have not expressly received under these Terms of Use. You do not acquire total or partial ownership of the System by virtue of these Terms of Use.

Conduct that is not allowed:

  • 5.3 During your use of the System, you are not allowed to:
  • 5.3.1 Give any third party a license, sublicense, transfer, assign, distribute, sell, resell, or engage in any other commercial use of the System.
  • 5.3.2 In any way, use the underlying program or make any modifications to or draw inspiration from reverse engineering.
  • 5.3.3 Use the System to develop a product that is competitive, to create a product that is identical to the System, to imitate the System's concepts or functionalities, or to begin an automated application that causes unnecessary stress on the System.
  • 5.3.4 Try to get unauthorized access to the system or network.
  • 5.3.5 Extract or copy system structure or content without permission.
  • 5.3.6 Do not post, distribute, or copy content that is copyrighted or contains trademarks without permission.
  • 5.3.7 Conduct illegal or fraudulent use of the system.
  • 5.3.8 Send unwanted messages, like spam.
  • 5.3.9 Forward or keep evil computer code.
  • 5.3.10 Improve system integrity or functionality.
  • 5.3.11 Falsely assume the person of another or claim affiliations.
  • 5.3.12 Construct a location report.
  • 5.3.13 Provide false personal data.
  • 5.3.14 Destroy our group businesses or our own reputation.
  • 5.3.15 Investigate communications or obtain information from our services or systems.

6.Methods of Use of the Service

  • 6.1 The service that we provide is only for individuals who are eighteen years of age or older. To verify your mobile money account's legitimacy and current status, we reserve the right to contact the relevant mobile money provider.
  • 6.2 When your account has been accepted, the Application will inform you. You acknowledge and agree that our approval of your account application does not establish a legal relationship between you and the Mobile Money Providers, apart from the terms and conditions that are currently in place for your Mobile Money Account.
  • 6.3 We have the right to reject or cancel your loan application at any time, at our sole discretion, and without any explanation or prior notice.
  • 6.4 We reserve the right to approve, refuse, or alter the terms of any loan depending on how we assess your credit profile. The loan terms and the relevant interest rates will be included in the application.

7.Your Requests You Make

  • 7.1 By giving us your unchangeable consent, you accept full responsibility for the execution of any Requests that we receive from you or that you claim to have received through the System.
  • 7.2 We have the right to reject any loan application from you, even if you have previously received a loan from us.
  • 7.3 We reserve the right to accept and process any request in the event that we believe, at our sole discretion, that we can resolve the missing or unclear information without your participation.
  • 7.4 If the Request was sent, sent, or conveyed in error or fraudulently, we are considered to have fulfilled all of your obligations. You are bound by any request that we fulfill if we act in good faith and assume that the instructions are from you.
  • 7.5 We reserve the right to decline to proceed with any part of your request while awaiting further research or verification (in writing or otherwise) from you, at our discretion.
  • 7.6 By applying any part of your requests or by not using the discretion that has been given to us, you agree to indemnify and keep us free from all claims, losses, expenses, and costs.
  • 7.7 You agree that we will not be held responsible for any unauthorized uses, transfers, disclosures, or activities on your account that result from the use, knowledge, or manipulation of your ID, PIN, or other account information, even if those actions were the result of your carelessness, to the extent permitted by Applicable Law.
  • 7.8 We are able to implement any court orders, competent authority, or agency mandates concerning your account under Kenya Information and Communications Act and Data Protection Act, but not limited to the above two laws.
  • If these terms conflict with these terms, these Terms of Use will take precedence over any requests that we receive from you.

8.You Have Duties

  • 8.1 You must supply and maintain your Mobile Device safely and efficiently at your own cost in order to gain access to the System and the Service.
  • 8.2 You are responsible for ensuring that your mobile device is functioning correctly. We do not accept any liability for any computer viruses or other issues that may result from using the system, the service, or the mobile device, as well as for mistakes or malfunctions caused by your mobile device. Instead of being liable for any delays or losses caused by network service providers, you are responsible for paying any fees they may charge.
  • 8.3 You access the application via your mobile device. Your duty is to verify that the appropriate application has been downloaded to your mobile device. We are not liable if the application is incompatible or outdated on your device.
  • 8.4 If your mobile device is lost, stolen, broken, or no longer in your possession, you must promptly notify us and follow our authorized procedures. This will expose your account information and credentials to third parties and safeguard our legal rights and remedies. You agree to protect us from any harm resulting from us disclosing your account information and credentials to third parties who are not affiliated with us.
  • 8.5 In addition to paying any fees that your mobile service provider may charge, such as text, phone, and internet data rates, you are entirely responsible for updating your internet and mobile plan. You are totally responsible for all expenses associated with the system and for the fact that a great deal of data can be utilized by means of its use.
  • 8.6 When you use the System and the Service, you must follow all rules, policies, and instructions contained in these Terms of Use, as well as any other documentation that we may provide.
  • 8.7 Reasonable safeguards must be used to identify unauthorized use of the System and the Service. After receiving them, you must immediately review and verify all communications that we have sent you in order to prevent any unauthorized access to the System. You must inform us immediately if:
  • 8.7.1 You believe that unauthorized individuals have compromised your credentials or have access to them; and/or
  • 8.7.2 You believe that the illegal use of the service that has occurred, is occurring, or is likely to occur may have been a part of fraudulent transactions.
  • 8.7.3 You must always adhere to any additional guidelines related to the Service or the security protocols that we sometimes announce. You are aware that failure to follow the recommended security protocols could expose your account's confidentiality. In particular, you must ensure that no one who is unable to use the service, make requests, or complete any necessary tasks is making use of it.

9.Money Details

Interest and Transaction Charges

  • 9.1 The interest you owe us on any loans will be shown in the Application. In the meantime, we retain the right to determine and alter transaction fees related to your use of the Service; we can also apply and change them as necessary. The Application will contain information about any modifications we make to the current transaction fees or the introduction of new ones. We will make every effort to inform you as soon as possible if the transaction costs are altered. This encompasses the posting of information on the application.
  • 9.2 All payments made under these Terms of Use must be made in full, without any withholding or deductions, unless otherwise required by law. If you must withhold or deduct any money from us, you must promptly pay us the additional money in order to ensure that we are paid for the full amount that we would have received in a different situation.
  • 9.3 If you are unable to pay us by the due date, we may charge penalty interest on the loan amount at a rate that is outlined in the application.

Taxes

  • 9.4 Excluding any taxes you may be required to pay, all amounts due under the Loan and these Terms of Use are calculated. If taxes are owed on a payment, you must pay us an additional amount equal to the payment multiplied by the applicable tax rate. This payment must be made simultaneously with your payment whenever we ask, even if our relationship is ended.
  • 9.5 You acknowledge and agree that, in order to adhere to internal regulations, tax authorities' orders, or other requirements imposed by taxing authorities, as well as agreements with these authorities, we may deduct funds from your account.

Cash

  • 9.6 The methods and deadlines for paying the principle, interest, transaction fees, and taxes related to these Terms of Use and the Loan are outlined in the Application.
  • 9. 7 All payments must be made in the Territory's local currency.

10.Por Default

  • 10. 1 A default occurs when you
  • 10.1.1 unless such failure is solely due to a technical issue or an administrative error; or are declared bankrupt; or fail to make any payment or installment (including all accrued interest, transaction fees, and taxes) under a loan given under these Terms of Use for a total of fifteen days.
  • 10.2 In addition to any other rights or remedies we may have under the applicable law, in he event of a continued default, we may:
  • 10.2.1 Complete these Terms of Use according to this clause 11;
  • 10.2.2 declare the Loan to be paid immediately, as well as any interest, transaction fees, taxes, and any other sums owed under these Terms of Use;
  • 10.2.3 Based on the amount you failed to pay, as stated on the application, you will be charged penalty interest.

11.Duration and conclusion

  • 11.1 These terms of use will remain in effect until they are completed in accordance with their terms.
  • 11.2 In addition to these Terms of Use, we may suspend or terminate your use of the System, the Service, and your Account in full or in part:
  • 11.2.1 whenever, for any reason, and following notification;
  • 11.2.2 If you violate any of these terms of use, immediately, with or without notice, without affecting our other rights and remedies;
  • 11.2.3 in the event that for any reason your mobile money provider or mobile network operator cancels your account or agreement;
  • 11.2.4 in the event that your Account becomes dormant or inactive, as required by security issues or technical issues, in order to allow continued updates or improvements to the Service's functionality or content;
  • 11.2.5 if a judicial, regulatory, governmental, or other competent authority's order, recommendation, or order requires it; or
  • 11.2.6 for any other reason that we determine, at our sole discretion, to interrupt or end the service of the Service.
  • 11.3 If these Terms of Use expire or are terminated for any reason, you will:
  • 11.3.1 Immediately, within three days, pay us any outstanding principal, interest, transaction fees, or taxes (which will be due upon termination and will be paid immediately); and
  • 11.3.2 Delete the application from your mobile device immediately and completely.
  • 11.4 The termination will not have an effect on either party's accumulated rights or obligations.
  • 11.5 Unless expressly stated otherwise or if their nature indicates that they should continue, the provisions of particular clauses, along with any other clauses that clearly state or inherently imply their continuation, will continue to be in effect even after these Terms of Use are terminated.

12.Exclusion of liability and indemnification

Compensation

  • 12.1 You guarantee that we, our licensors, the affiliates, their respective directors, employees, and agents will be protected, defended, and held harmless against any and all claims, costs, losses, liabilities, and expenses (including legal fees and costs) arising from or related to:
  • 12.1.1 Your breach of any relevant clause or law in these terms of use; and
  • 12.1.2 How you use the System and/or the Service, for example:
  • 12.1.2.1 Claims from third parties arising from your use of the System or the Service;
  • 12.1.2.2 Any damages or losses arising from the use, misuse, exploiting, or acquiring any third-party software, such as browser software, operating systems, or other software applications;
  • 12.1.2.3 Unauthorized access to your account, security lapses, or unauthorized deletion, alteration, or damage to your data, as well as loss, theft, or damage to your mobile device; and
  • 12.1.2.4 Any losses or damages that arise as a result of your violation of these Terms of Use; your provision of false information; the failure or unavailability of third-party systems or facilities; or the incapacity of a third party to process a transaction.

Exclusion of liability

  • 12.2 If your mobile device malfunctions or the Service is unavailable for any reason, including but not limited to force majeure, errors, delays, or unavailability of the System, terrorist acts, equipment failures, power outages, unfavorable weather conditions, or any public or private telecommunications system failure, we will not be responsible for any losses you incur.
  • 12.3 You know that the application has not been made to meet your particular requirements; therefore, it is your responsibility to make sure that its features and functionalities, as it is stated, meet your needs.
  • 12.4 The application is designed for individual use only. You acknowledge that we will not be held liable for profit loss, business interruption, loss of profit, or missed business opportunity. Additionally, you agree not to use the Application for any commercial, business, or reselling purposes.
  • 12.5 We will not be held liable for any harm or losses you suffer as a result of or connected to:
  • 12.5.1 Any malfunction or flaw in the application or any service that results from your modification or customization;
  • 12.5.2 Any error or malfunction in the application that you cause by using it in violation of these terms of use;
  • 12.5.3 Your breach of this section 6;
  • 12.5.4 Your Mobile Money Account lacks funding;
  • 12.5.5 The system, your mobile device, the network, or a Mobile Money System not working properly, stopping, or being unavailable; your inability to provide adequate or exhaustive instructions for payments or transfers related to your account; legal proceedings or other restrictions on payments or transfers from your account;
  • 12.5.6 Any unlawful or fraudulent use of the Service, the System, or your mobile device; or
  • 12.5.7 Your disregard for any of the information or documents we provide you concerning your use of the System and the Service, in addition to these Terms of Use.
  • 12.6 Despite the fact that we have been apprised of the possibility of such loss or damage, we will not be liable to you for any expected loss of savings or profits, or for any indirect or consequential loss or damage of any kind that arises out of or is related to the Service.
  • 12.7 Unless otherwise indicated in these Terms of Use, our maximum liability will never exceed the Transaction Fees you paid to us in connection with the first event that led to a claim under these Terms of Use, regardless of whether it is in connection with a contract, tort, breach of statutory duty, or otherwise related to the Application, the System, the Service, or these Terms of Use.
  • 12.8 If you do not notify us of them within six (6) months of the events giving rise to them—to the extent allowed by applicable law—you will forfeit any rights and remedies you may have with regard to any claims you may have against us regarding the App, the System, the Service, or these Terms of Use, unless otherwise stated in these Terms of Use.

13.Receive Direct Marketing Communications Agreement

Using our services, you agree to receive direct marketing emails from us. You can inform them where that preference is indicated in the particular communication if you would prefer not to receive these kinds of communications.

14.Dispute Resolution

  • 14.1 If otherwise required by the law of your Territory, the prevailing law of these Terms of Use shall be that of your Territory. Otherwise, the laws of the Republic of Kenya will govern these Terms of Use and any disputes that arise from or are related to them, including any alleged breach or challenge to their enforceability or validity.
  • 14.2 In accordance with the legal framework of the Republic of Kenya, arbitration will take place.
  • 14.3 To the extent permissible by law, the arbitrator's decision is final and enforceable against the parties.
  • 14.4 The ability of any party to file a lawsuit of any kind and request conservatory or interim relief from any court of competent jurisdiction shall not be restricted by this Section 14 until the final judgment or award of any arbitrator is made.

15.Over all

  • 15.1 We will not be held responsible for delays or performance failures for events outside of our reasonable control.
  • You commit that you will never, in any circumstance, disclose any confidential information concerning our operations, suppliers, or clients to third parties.
  • 15.3 You agree that, at our discretion and without giving you prior notice, we may occasionally assign, transfer, or partially transfer the rights of the loan lender. You will still have to make the payments we specify because the transfer will not absolve you from your obligations under these Terms of Use.
  • 15.4 You are not permitted to assign, sublicense, transfer, sublet, or otherwise dispose of any rights or obligations under these Terms of Use without our prior written agreement. Unless otherwise authorized by applicable law, all of our rights and duties under these Terms of Use can be transferred, sublicensed, subcontracted, and assigned at any time without prior notice.
  • 15.5 If a court or other competent authority decides that any part of these Terms of Use is unlawful, invalid, or unenforceable, the other elements of them will continue to be in full force and effect. A valid, enforceable clause that, to the greatest extent feasible, accomplishes the same purpose as the invalid portion will take its place.
  • 15.6 Outside of the parties to these Terms of Use, no provision of them may be applied.
  • 15.7 In order to inform you of any changes, we may contact the address you have provided in your account or send a general notice on the system or application. To inform us, you must send us an email at the corresponding address:support@risine-credit-limited.com.
  • 15.8 For any feedback or complaints concerning the System and Service, the appropriate email address should be utilized: support@risine-credit-limited.com.

Discipline in Loan Collection Communication with Clients: Process

All employees must interact with clients in an ethical and professional manner, regardless of the circumstances. Loan collectors, recovery agents, and customer service representatives must not disrespect, abuse, threaten, or defame customers or their contacts in any way when resolving issues or recovering loans. Any worker who behaves in this manner does so on their own initiative and will be treated appropriately.

Code of Conduct for Customers

A service guide, which includes a verifiable receipt number and the terms and conditions of the subscriber agreement, will be sent to customers who search for a loan on the Risine Credit Limted platform. These terms and conditions conform to our license obligations and to international best practices. Along with other records listed in this Customer Code of Practice, customers receive a receipt as proof of acceptance. Because they may be needed to address issues in the future, clients should safely store all relevant records. We are dedicated to assisting Kenyans in achieving their aspirations in a responsible manner as a duly licensed financial technology company (FinTech).

Information to Customers Providing

By following best practices, we guarantee that all agents and clients receive accurate, exhaustive, and current information in an easily comprehensible language. We strive to promptly and freely provide information on our services to all customers who request it. This consists of:

  • The current service terms, which can be found on our website and include the costs.
  • Services that are governed by fixed prices or tariffs; information on them can be found on publicized charge pages at particular offices and on our website.
  • The terms of service that are available at every customer access point and on our website.
  • Informing affected customers of any changes to service charges, giving them the choice to cancel current plans in accordance with the relevant terms and conditions or to accept the new terms.

On-Demand Telemarketing Calls

We can't do without unsolicited telemarketing:

  • Demonstrating our identity and the reason for the correspondence.
  • Providing detailed information concerning any good or service that was discussed during the discussion.
  • Informing customers that they have the full right to cancel the service within seven days by calling a designated customer support number, unless the product or service has already been delivered and used.

We also conduct telemarketing in accordance with customer "call" or "non-call" choices, which are recorded either during or after the signing of a service contract. We also follow relevant authorities' regulations or suggestions. Moreover, we promise that:

  • Without the customer's consent, no unsolicited service calls or SMS messages are sent.
  • Customers have the option to decline receiving unsolicited service messages via phone or text message.
  • The arrangement of unsolicited service communications sent via SMS or voice calls allows recipients to select to only receive certain kinds of messages or not to receive any of them at all.

Consumer Credit, Collection, and Billing Procedures for Consumers

We will always guarantee that:

  • billing is accurate and prompt;
  • it is possible to accurately verify charges;

For the purpose of interpretation, references to "billing" in this section refer to the registration and processing systems of the Licensee.

Resolving Disputes

I. We will make information about our complaint resolution procedures accessible in a variety of formats, including online and paper copy, if necessary.

II. This data, which includes all relevant information concerning our complaint handling procedures, will be delivered in a manner that is comprehensible and straightforward.

III. To facilitate effective access to Alternative Dispute Resolution (ADR), our grievance procedure policy will be accessible and open.

IV. Customers will be given clear instructions on how to file a complaint, either personally at our facility or via specific communication channels.

V. The following information will be provided concerning our procedures for handling complaints:

  • concerning the capability of consumers to file complaints;
  • the procedure for contacting us in order to file a complaint;
  • on the documentation and any pertinent supporting information required for the resolution of complaints;
  • All complaints will be documented and handled according to standard operations protocols.

Process of Complaints

Our procedures for receiving and handling complaints will ensure that customers don't unintentionally avoid raising them. The following will be included in the complaints procedure:

  • an electronic mail address: support@risine-credit-limited.com
  • Customers can access our website through a link: risine-credit-limited.com.

Responsibilities of the customer

When they execute a service agreement or explicitly accept our terms of service in any form, customers agree to be bound by our terms of service. Once they receive a concise explanation of these terms from us before they start using the service, they are considered to have accepted our terms of service. Clients agree to refrain from suing us for any actions that the company takes in order to recover delinquent loans.

Risine Credit Limited, Licensed Financial Services Provider, Nairobi, Kenya.