KINJATECH
Terms and Conditions
KINJATECH provides digital credit advancements via an application. The application allows users to obtain credit advance or loan advance. The credit limit of individuals will vary depending on credit officer intervention, borrower's credit score and repayment history. This User Agreement sets out the complete terms and conditions. Any amendments or variations take effect on their date of publication. By accepting the credit advance, you acknowledge that you have read, agreed with and accepted all of the Terms and Conditions.
Part 1: DEFINITIONS AND INTERPRETATION
Terms used in this agreement:

Part 2: TERMS AND CONDITIONS ACCEPTANCE
You must carefully read and understand this Agreement. This agreement is amended from time to time. You will be deemed to sign this Agreement upon clicking the Accept option on Our Application asking you to confirm that you have read, understood and agreed to abide by this Agreement. If you do not agree with this Agreement, please click the "Decline" option in our Application . Please note that you will not be able to access the Services and get license to the Application if you click the Decline option. By downloading the Application and opening an Account, you agree to comply with and be bound by the Terms and Conditions governing providing the Services and you affirm that the Terms and Conditions herein are without prejudice to any other right that We may have with respect to the Services and/ or Account in law or otherwise. This Agreement may be amended or varied from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. We will take all reasonable measures to notify you of any changes. From time to time updates to the Application may be issued through the website. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Application and accepted any new terms and conditions. By using the Application or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the Application.
Part 3: LICENSE SCOPE
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the Application on your Equipment, subject to this Agreement. We reserve all other rights. Except as expressly set out in this Agreement or as permitted by any local law, you agree: not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application ; not to make alterations to, or modifications of, the whole or any part of the Application , or permit the Application or any part of it to be combined with, or become incorporated in, any other programs; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that the information obtained by you during such activities: is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the Application ; to include our copyright notice on all entire and partial copies you make of the Application on any medium; not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application or any Service (Technology), together with the license Restrictions.
Part 4: INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Application to KINJATECH, that rights in the Application are licensed to you, and that you have no rights in, or to, the Application other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the Application in source-code.
Part 5: SERVICES USE
The persons over the age of 18 are authorized to use our Service . We reserve the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Service Provider. Credit advance acceptance will be displayed on the Application. We reserve the right to reject your application for a credit advance without assigning any reason .Credit advance varies depending on our credit assessment of the individual borrower from time to time. All the service fee payable in relation to each credit advance application will be displayed on the Application.
Part 6: PERSONAL INFORMATION
You hereby agree and authorize us to verify information provided by you to us against the information held by the Mobile Money Service Providers in relation to your Mobile Money Service Account pursuant to the agreement between you and the relevant Mobile Money Service Provider for the provision of its products and services. The information that We may verify against the information held by the Mobile Money Service Providers includes your Identification Number,phone number, name, date of birth, and other information that will enable Us to identify you and comply with the regulations that govern credit advancement. You hereby agree and authorize us to obtain your Personal Information from the Credit Bureaus(CRB) and you further agree and consent to the disclosure and provision of such Personal Information by the Credit Bureaus. We reserve the right to request for further information from you pertaining to your application for a credit advance at any time. Failure to comply in providing such information may result in declining to accept your application for a credit advance.
Part 7: BORROWER REQUESTS
You hereby authorize us to act on all Requests received from you through the Application and to hold you liable in respect thereof. We reserve the right to reject or accept any request in relation to a credit advance application from you. We 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 in error or fraudulently, and you shall be bound by any Requests on which We may act if We have in good faith acted in the belief that such instructions have been sent by you. You acknowledge that to the full extent permitted by law we shall not be liable for any unauthorized remittance , transfer, drawing,disclosure, any activity on your account by the fact of the knowledge or manipulation of your Personal Account PIN, password or any means whether or not occasioned by your negligence. We are authorized to effect such orders in respect of your credit advance as may be required by any court order or competent authority or agency under the applicable laws.
Part 8: CREDIT ADVANCE TERMS AND CHARGES
The following is the breakdown shall apply and may from time to time be subject to change without notice within the full extent permitted or demanded by law:
Example of costs breakdown:
LOAN ITEM TOTAL

All the service fees payable by you to us in relation to any credit advance shall be displayed on the Application. We shall be entitled to set and charge Service Fees in connection with your use of our Services, and from time to time we may amend or vary our Service Fees. If we decide to vary or amend our Service Fees, the Service Fees payable on any new application for Services will be displayed on the Application. We will notify you of any changes in relation to Service Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the Application, via SMS, or on Our websites. All payments to be made by you under this Agreement shall be made in full without any setoff or counterclaim and save in so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to Us you shall immediately pay to Us such additional amounts as will result in Us receiving the full amount it would have received had no such deduction or withholding been required. If you fail to make any payments due to Us at the due date for payment, We will be authorized to apply late fees on the amount loaned to you at a rate to be communicated to you.
Part 9: CREDIT ADVANCE STATEMENTS
A consolidated statement of your credit advance will be made available on Request. Requests shall be made via the Application statement request section, the default statement on the Application shall be determined by Us. You must check your statement carefully and notify us as soon as possible if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions. We reserve the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to you. We will, however, inform you of any rectification, additions and or alterations effected on your statements within a reasonable time after the changes are affected.
Part 10: TAXES
All payments to be made by you in connection with this Agreement are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay us an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment. You hereby consent and agree that We may withhold amounts in your Account if any tax authority requires Us to do so, or We are otherwise required by law or pursuant to agreements with any tax authority to do so, or if We need to comply with internal policies or with any applicable order or sanction of a tax authority.
Part 11: BORROWER'S RESPONSIBILITIES
You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the Application and the Services. You shall be responsible for ensuring the proper performance of your Equipment. We shall neither be responsible for any errors or failures caused by any malfunction of your Equipment and nor shall we be responsible for any computer virus or related problems that may be associated with the use of the Application, the Services and the Equipment. We shall not be responsible for losses or delays caused by any third party service provider. You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorized person. We shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold us harmless from any losses resulting from any disclosure of your Credentials. You shall immediately inform Us in the event that: You have reason to believe that your Credentials are or may be known to any person not authorized to know the same and/or have been compromised; and/or You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
Part 12: DEFAULT ON A CREDIT ADVANCE
Credit default occurs when you fail to pay any sum payable for a credit advance granted under this Agreement after the end of the grace period provided for repayment unless failure to pay is caused solely by an administrative error, technical problem, or bankruptcy.
Part 13: VARIATION AND TERMINATION
We may at any time, upon notice to you, terminate or vary our business relationship with you and close your Account and in particular but without prejudice to the generality of the foregoing We may cancel credit advances which we have granted and require the repayment of outstanding debts resulting from such credit advances within such time as We may determine. We may at our sole discretion suspend or close your Account: if you use the Account for unauthorized purposes or where We detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services; if We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority; if We reasonably suspect or believe that you are in breach of this Agreement (including non-payment of any a credit advance amount due from you where applicable) which you fail to remedy (if remediable) within 14 days after the service of notice by email, SMS or other electronic means requiring you to do so; where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; where your Account becomes inactive or dormant; if We decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion; or if you breach any of the license Restrictions or the Acceptable Use Restrictions. If your Account has a credit balance at any time as a result of overpayment of your credit advance, you may issue a Request to Us for payment of such credit balance and We will return any such balance to you, less any applicable fees, provided that such amount falls above the minimum transfer amounts specified by the relevant Mobile Money Provider. Termination shall however not affect any accrued rights and liabilities of either party. If we receive notice of your demise, we will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by a court of competent jurisdiction.
Part 14: EXCLUSION OF LIABILITY
We will not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within Us control including error, interruption, delay or non-availability of the System, terrorist or any enemy action equipment failure and failure of any public or private telecommunications system. We will not be liable for any losses or damage suffered by you as a result of or in connection with fault in the Application or any Service results from you having altered or modified the Application. We shall not be liable to you for any interference with or unavailability of the Services. Under no circumstances shall We be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to Us. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
Part 15: INDEMNITY
In consideration of Us complying with your instructions or Requests in relation to your Account, you undertake to indemnify Us and hold it harmless against any loss, charge, damage, expense, fee or claim which We suffer or incur or sustain thereby and you absolve Us from all liability for loss or damage which you may sustain from Us acting on your instructions or requests or in accordance with this Agreement. The indemnity shall also cover the following: All demands, claims, actions, losses and damages of whatever nature which may be brought against Us or which We may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond Our control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by us. Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs. Any unauthorized access to your Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment. Any loss or damage occasioned by the failure by you to adhere to this Agreement and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by Us as a consequence of any breach by this Agreement. Any damages and costs payable to us in respect of any claims against Us for recompense for loss where the particular circumstance is within your control.
Part 16: COMMUNICATION
If you need any assistance or enquiry you can contact us by sending an email to kinjatech21@gmail.com . We will confirm receipt of this by contacting you in writing by email.
Part 17: PARTIES DISPUTE RESOLUTION
The Parties shall use their good faith to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this Agreement. The Parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) days of the parties' representatives meeting as aforesaid, the following provisions of clause 18 shall apply.
Part 18: DISPUTE GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the international arbitration laws and the laws of Kenya