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:
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2.1 You are fully authorized to adhere legally to these Terms of Use
and to accept them.
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2.2 You will inform us immediately of any violations of these Terms
of Use and all applicable laws.
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2.3 You will only use the System and Service for legitimate
purposes.
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2.4 The documents, credentials, and personal information you submit
are accurate, complete, and not deceptive.
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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
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3.1 Carefully read and understand these Terms of Use before
streaming, creating an account for the App, or downloading it.
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3.2 By clicking "Accept" on our system following the download of the
application, you confirm and accept the terms of use.
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3.3 By registering and utilizing the application, you endorse these
terms of service.
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3.4 Your continued use indicates that you agree to these conditions,
and we reserve the right to alter them.
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3.5 Accepting new terms via the website may be necessary for
modifications.
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3.6 You agree that we can collect technical data in order to enhance
our offerings by using the application.
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3.7 We may contact you or your emergency contact in order to confirm
information.
4.Your Account
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4.1 To use the System, you must register and maintain an account.
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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.
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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.
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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:
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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.
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5.3.2 In any way, use the underlying program or make any
modifications to or draw inspiration from reverse engineering.
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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.
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5.3.4 Try to get unauthorized access to the system or network.
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5.3.5 Extract or copy system structure or content without
permission.
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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.
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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.
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5.3.15 Investigate communications or obtain information from our
services or systems.
6.Methods of Use of the Service
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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.
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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.
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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.
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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
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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.
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7.2 We have the right to reject any loan application from you, even
if you have previously received a loan from us.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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8.7.1 You believe that unauthorized individuals have compromised
your credentials or have access to them; and/or
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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9. 7 All payments must be made in the Territory's local currency.
10.Por Default
- 10. 1 A default occurs when you
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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.
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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:
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10.2.1 Complete these Terms of Use according to this clause 11;
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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;
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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
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11.1 These terms of use will remain in effect until they are
completed in accordance with their terms.
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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;
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11.2.2 If you violate any of these terms of use, immediately, with
or without notice, without affecting our other rights and remedies;
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11.2.3 in the event that for any reason your mobile money provider
or mobile network operator cancels your account or agreement;
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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;
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11.2.5 if a judicial, regulatory, governmental, or other competent
authority's order, recommendation, or order requires it; or
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11.2.6 for any other reason that we determine, at our sole
discretion, to interrupt or end the service of the Service.
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11.3 If these Terms of Use expire or are terminated for any reason,
you will:
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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
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11.3.2 Delete the application from your mobile device immediately
and completely.
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11.4 The termination will not have an effect on either party's
accumulated rights or obligations.
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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
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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:
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12.1.1 Your breach of any relevant clause or law in these terms of
use; and
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12.1.2 How you use the System and/or the Service, for example:
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12.1.2.1 Claims from third parties arising from your use of the
System or the Service;
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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;
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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
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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
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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.
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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.
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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.
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12.5 We will not be held liable for any harm or losses you suffer as
a result of or connected to:
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12.5.1 Any malfunction or flaw in the application or any service
that results from your modification or customization;
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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;
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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;
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12.5.6 Any unlawful or fraudulent use of the Service, the System, or
your mobile device; or
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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.
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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.
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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.
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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
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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.
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14.2 In accordance with the legal framework of the Republic of
Kenya, arbitration will take place.
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14.3 To the extent permissible by law, the arbitrator's decision is
final and enforceable against the parties.
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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
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15.1 We will not be held responsible for delays or performance
failures for events outside of our reasonable control.
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You commit that you will never, in any circumstance, disclose any
confidential information concerning our operations, suppliers, or
clients to third parties.
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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.
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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.
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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.
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15.6 Outside of the parties to these Terms of Use, no provision of
them may be applied.
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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.
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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:
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The current service terms, which can be found on our website and
include the costs.
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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.
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The terms of service that are available at every customer access
point and on our website.
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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:
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Demonstrating our identity and the reason for the correspondence.
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Providing detailed information concerning any good or service that
was discussed during the discussion.
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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:
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Without the customer's consent, no unsolicited service calls or SMS
messages are sent.
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Customers have the option to decline receiving unsolicited service
messages via phone or text message.
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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;
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on the documentation and any pertinent supporting information
required for the resolution of complaints;
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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
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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.