MYCREDIT LIMITED USSD TERMS AND CONDITIONS
1. THE AGREEMENT
1.1 This agreement sets out the complete terms and conditions (hereinafter called “Terms and Conditions”) which shall be applicable to the MyCredit Limited (hereinafter referred to as MYCREDIT LIMITED) USSD platform.
1.2 These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
2. DEFINITIONS
2.1 In these Terms and Conditions, the following words and expressions bear the following meanings:
2.1.1 MCL means MyCredit Limited;
2.1.2 Credit Reference Bureau means a credit reference bureau duly
licensed to collect and facilitate the sharing of borrower’s information;
2.1.3 Call Centre means MCL’s call center;
2.1.4 Equipment includes your mobile phone handset and/ or other
equipment which when used together enables you to access the online lending platform;
2.1.5 Products means the various facilities offered by MyCredit Limited;
2.1.6 Request means a request and/or instruction received by MyCredit Limited from you or purportedly from you through the system and upon which request MyCredit Limited is authorized to act;
2.1.7 Services shall include any form of financial services or products that MyCredit Limited may offer you pursuant to this Agreement and as you may from time to time subscribe to and “service” shall be construed accordingly;
2.1.8 SMS means a short message service consisting of a text message transmitted from one mobile to another;
2.1.9 System means MyCredit Limited’s electronic lending platform and communications software enabling the client to communicate with MyCredit Limited for the purposes of these services;
2.1.10 We, our and us means MyCredit Limited and includes the successors and assigns of the MyCredit Limited.
2.1.11 USSD T&C’s means these USSD Terms and Conditions.
2.1.12 The word borrower shall include both the masculine and the feminine gender as well as the juristic persons;
2.1.13 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.1.14 Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1 Before applying to MYCREDIT LIMITED’s products on our system, you should first carefully read and understand these Terms and Conditions which will govern the use and operation of our system and the products and services accessible thereof;
3.2 Thereafter, you will be required to register on our system.
3.3 By proceeding with registration, you are agreeing that you have accepted our Terms and Conditions on our official website.
3.3.1 Furthermore, you will be deemed to have read, understood and accepted these Terms and Conditions by following through all the prompts and completing a request transaction;
3.4 By accessing our system and completing a request, you agree to comply with and be bound by these Terms and Conditions and you affirm that these Terms and Conditions herein are without prejudice to any right that MYCREDIT LIMITED may have with respect to the services or products offered in Law or otherwise.
3.5 The Customer acknowledges that he or she fully understands the provisions of this Agreement and has entered into it voluntarily for his or her own benefit.
3.6 By accepting these Terms and Conditions, you authorize MYCREDIT LIMITED assess your credit score including but not limited to accessing your credit history from a registered Credit Reference Bureau.
3.7 These Terms and Conditions may be amended or varied by MYCREDIT LIMITED from time to time and the completion of requests and continued use of this service constitutes your agreement to be bound by the terms of any such amendment or variation.
4. REGISTRATION
4.1 Our system requires that you register by creating an account with us to be able to access our various products;
4.2 You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all other activities that occur on your equipment.
4.3 By signing up or otherwise using our system, you have read and understood our Terms and Conditions of registration on our official website and agree to be bound by these Terms and Conditions;
4.4 You hereby agree and authorize MYCREDIT LIMITED to obtain and procure your personal information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such personal information by the Government of Kenya to MYCREDIT LIMITED.
4.5 You hereby authorize MYCREDIT LIMITED to access any information available to assess your request, and also gives MYCREDIT LIMITED permission to subject your information to our robust credit scoring engine to ascertain your credit worthiness.
4.6 MYCREDIT LIMITED reserves the right to request for further information from you pertaining to your application for MYCREDIT LIMITED services or products. Failure to provide such information within the time required by MYCREDIT LIMITED may result in MYCREDIT LIMITED declining to your request for a facility.
4.7 If you do not accept all of these Terms and Conditions of Registration, then you should not proceed with the registration;
4.8 Upon successful registration, you are advised to read and familiarize yourself with the terms and conditions of each product as you shall be bound by the said terms and conditions of each product.
5. EXCLUSION OF LIABILITY
5.1 MYCREDIT LIMITED shall not be responsible for any loss suffered by you should the system be interfered with or be unavailable by reason of the failure of your equipment or any other circumstance not within MYCREDIT LIMITED’s control including, without limitation, force majeure or error, interruption, delay or non-availability of our system, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
5.2 MYCREDIT LIMITED will not be liable for any losses or damages suffered by you as a result of or in connection with:
5.2.1 Failure, malfunction, interruption or unavailability of your equipment;
5.2.2 Any fraudulent or illegal use of the online platform or equipment;
5.2.3 Your failure to comply with these Terms and Conditions and any documentation or information provided by MYCREDIT LIMITED in regards to use of our system.
5.3 All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by the law.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that the intellectual property rights on our system (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that MYCREDIT LIMITED provides to you through the system or otherwise are vested in MYCREDIT LIMITED. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the system and associated documentation without the prior written consent of MYCREDIT LIMITED.
7. YOUR REQUESTS
7.1 All requests received from your equipment will be presumed to be executed by you.
7.2 You hereby irrevocably authorize MYCREDIT LIMITED to act on all requests received by MYCREDIT LIMITED from you through the system and to hold you liable in respect thereof.
7.3 MYCREDIT LIMITED reserves the right and is 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, MYCREDIT LIMITED believes that it can correct the incomplete or ambiguous information in the request without any reference to you being necessary;
7.4 MYCREDIT LIMITED shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any requests on which MYCREDIT LIMITED may act if MYCREDIT LIMITED has in good faith acted in the belief that such instructions have been sent by you.
7.5 MYCREDIT LIMITED may, in its absolute discretion, decline to act on your request in accordance with the whole or any part of your request pending further inquiry or further confirmation (whether written or otherwise) from you.
7.6 You agree to and shall release from and indemnify MYCREDIT LIMITED against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to MYCREDIT LIMITED having acted in accordance with the whole or any part of any of your requests (or failed to exercise) the discretion conferred upon it.
7.7 You acknowledge that MYCREDIT LIMITED shall not be liable for any transaction, any activity or any incident on your equipment whether or not occasioned by your negligence.
7.8 MYCREDIT LIMITED is authorized to effect such orders in respect of your facility as may be required by any court order or competent authority or agency under the applicable laws.
7.9 In the event of any conflict between any terms of any request received by MYCREDIT LIMITED from you and these Terms and Conditions, these Terms and Conditions shall prevail.
8. MYCREDIT LIMITED’S DATA PROTECTION POLICY
8.1 It is hereby understood and agreed that the data herein has been directly obtained from the client who has provided this data to MYCREDIT LIMITED to facilitate the processing of the facility sought by the dial in client.
8.2 It is hereby understood and agreed that by agreeing to this terms the client:
8.2.1 Must provide personal data which is required for facilitating the processing of a facility, the establishing and maintenance of business and for the fulfillment of MYCREDIT LIMITED’s contractual and legal obligation;
8.2.2 consents to MYCREDIT LIMITED processing the data as per its internal company policy;
8.2.3 has given consent to MYCREDIT LIMITED to continue holding and processing the data provided even after all obligations under the facility has been settled for a variety of purposes including but not limited to research, product development, analysis of market trends, operation of MYCREDIT LIMITED’s regulations and procedures;
8.2.4 is at liberty to exercise its rights as a data subject and as is provided by the Data Protection Act of 2019, Laws of Kenya;
8.3 MYCREDIT LIMITED undertakes to ensuring the personal data provided by the client is processed in accordance with the Data Protection Act, Laws of Kenya.
8.4 For queries and more information on our Data Protection Policy, the client may contact our Data Protection personnel at talktous@mycredit.co.ke
8.5 Kindly access our website on mycredit.co.ke to view our Data Privacy Statement.
9. DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION
9.1 You may contact the Call Centre through 0111 054490 to report any disputes, claims or complaints;
9.2 Any dispute arising out of or in connection with this agreement that is not resolved by Call Centre should be reported in writing through our emails on talktous@mycredit.co.ke and/or info@mycredit.co.ke.
9.3 Any dispute arising out of or in connection with this agreement that is not resolved by MYCREDIT LIMITED shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in
default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the provisions of the Arbitration Act.
9.4 The parties hereby agree that the Arbitrator shall have power, inter alia, to:
9.4.1 consolidate proceedings and have concurrent headings;
9.4.2 award security for costs and order the preservation of evidence;
9.4.3 make provisional awards;
9.4.4 act in default of the parties;
9.4.5 apply the law determined by the conflict of laws rules which it considers applicable
9.5 To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding on upon the parties hereto.
9.6 This agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.