M-KOPA General Terms and Conditions

The following Terms and Conditions are applicable to all M-KOPA Products. These Terms and Conditions are explicitly incorporated into your Customer Application & Agreement Form. You should therefore read the below Terms and Conditions together with your Customer Application & Agreement and contact M-KOPA Customer Services if you have any questions about their interpretation or meaning.

1. Definitions:

1.1. These Terms and Conditions use certain capitalised terms that are also used in your Customer Application & Agreement form. Any capitalised terms that are used in these Terms and Conditions and not otherwise defined have the same meaning as in the Customer Application & Agreement. For example, terms such as Product, Deposit Fee and Daily Credit Fee have the same meaning when they are used in these Terms and Conditions and in your Customer Application & Agreement form.

These Terms and Conditions also have the following additional defined terms:

1.1.1.    “Account” means the M-KOPA customer account used for purposes of receiving payment of the Customer’s Deposit and Daily Credit Fees.
1.1.2. “Additional Product” means any follow-on or upgrade product that is purchased by a Customer and which product relies on the Customer’s Gateway Product in order to operate. For the avoidance of doubt not all follow-on or upgrade products will be considered Additional Products, only those that rely on a Gateway Product in order to operate will be considered an Additional Product.
1.1.3. “Agreement” means the Customer Application & Agreement as signed by the Customer when paying the Deposit Fee and agreeing to the terms and conditions of purchase of an M-KOPA Product and to these Terms and Conditions.
1.1.4. “Credit” means the units purchased by the Customer upon payment to M-KOPA of one or more Daily Credit Fees and which allows for the use of the Product for the number of days paid for.
1.1.5. “Gateway Product” means the Product initially purchased by the Customer which may control one or more Additional Products.

2. Continuous Payment

The Customer agrees to pay the Daily Credit Fee payments each day (or in advance at their choosing) until they have paid the Total Purchase Price within the Maximum Payment Period.

3. Mode of Payment

The Deposit and all Daily Credit Fee payments (whether made daily, weekly, monthly or in total upfront) towards purchase of the Product and/or any Additional Product shall be made through M-PESA Pay Bill Number 333222. No payments by cash will be accepted by M-KOPA nor should they be made under any circumstances for the purchase of any Product.

4. Deactivation

IF THE CUSTOMER FAILS TO KEEP CURRENT ON THEIR DAILY CREDIT FEE PAYMENTS, M-KOPA MAY DEACTIVATE THE CUSTOMER’S PRODUCT UNTIL THE CUSTOMER BECOMES CURRENT AGAIN IN THEIR DAILY CREDIT FEE PAYMENTS.

IF THE CUSTOMER PURCHASES AN ADDITIONAL PRODUCT AND FAILS TO KEEP CURRENT ON THEIR DAILY CREDIT FEE PAYMENTS FOR SUCH ADDITIONAL PRODUCT, M-KOPA MAY DEACTIVATE BOTH THE CUSTOMER’S ADDITIONAL PRODUCT AND THE CUSTOMER’S GATEWAY PRODUCT (EVEN IF THE CUSTOMER HAS PAID THE TOTAL PURCHASE PRICE FOR THE GATEWAY PRODUCT) UNTIL THE CUSTOMER BECOMES CURRENT AGAIN IN THEIR DAILY CREDIT FEE PAYMENTS.

5. Intended Use Only

All Products shall be used solely in accordance with the instructions provided in the Product instruction manuals and must be maintained in proper repair and working condition.

6. Product Alteration

The Customer MUST not tamper (including but not limited to altering or removing the Product serial number or other Product identification marks), open or modify and/or use the Product(s) in any other way not authorised by M-KOPA or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Warranty, void any right to a refund and result in a fundamental breach of the Agreement between M-KOPA and the Customer. For avoidance of doubt any tampering and/or modification of the GSM communication module in the Product(s) shall constitute willful destruction of M-KOPA’s property and may result in criminal charges being brought against any person, whether the Customer or a third party, found to have tampered and/or modified the Product(s) in the manner described herein. M-KOPA also reserves the right to pursue any other civil remedies available to it against such person.

7. Contact information

The Customer must ensure that all contact information provided to M-KOPA is complete and accurate in order to allow M-KOPA to contact the Customer or the Alternative Contact Person during reasonable hours regarding the Customer’s M-KOPA account. The Customer agrees to inform M-KOPA of any changes to the contact information during the term of the Agreement.

8. Consent to for M-KOPA to disclose information

By accepting these Terms and Conditions the Customer hereby consents to and authorises M-KOPA to report and verify the Customer’s credit history, credentials and/or phone records (including mobile money history) with any registered credit reference bureau, mobile service provider and/or such other data base. The Customer also agrees to bring to M-KOPA’s attention any inaccuracies in the credit information reported to a credit reference bureau for review before taking any action against M-KOPA for inaccurate reporting.

By accepting these Terms and Conditions the Customer further consents and agrees that M-KOPA may share your information with any person who invests in or finances (or may potentially invests in or finances), directly or indirectly, M-KOPA, and any of such person’s affiliates, officers, directors, employees professional advisers, auditors, insurers or insurance brokers, services providers, partners and any delegate, agent, manager, administrator, nominee, attorney, trustee or custodian of any such person.

9. Title of goods

Ownership and title in the Product(s) shall at all times remain with M-KOPA until M-KOPA has received payment in full of the Total Purchase Price for each and every Device at which time legal ownership of and title to the Product shall automatically vest in the Customer provided that all risk of loss or damage to the Product for any reason whatsoever shall pass to the Customer upon the signing the Agreement. Notwithstanding the foregoing, M-KOPA retains ownership of (i) the GSM communication module that updates credits in the Product(s) and (ii) any and all intellectual property that is used to run the Product, in both cases even after the Total Purchase Price is paid.

10. No Encumbrances on the Product

The Customer warrants not to sell and to keep the Product exempt from the claim of any other party or from legal attachment, and shall not alienate, pledge, assign or charge the Product or create any other encumbrance whatsoever nor allow any lien to arise thereon.

11. Inspection by M-KOPA

The Customer grants to M-KOPA, its employees or agents all reasonable facilities and opportunity for the inspection of the Product including but not limited to with respect to any unauthorised uses of the Product.

12. Additional Products

The Customer may be eligible to purchase other Products on offer from M-KOPA from time-to-time.

13. Warranties

M-KOPA will repair or replace a Product, in accordance with the Warranty, terms and conditions provided by the Product manufacturer. The Warranty is valid only if the Product is used as instructed and is not tampered, opened, modified and/or used in other ways not authorised by M-KOPA. The Warranty period is as set out in the instruction manual for the relevant Product.

Upon purchasing any Additional Product, the Warranty (including the Warranty period) for such Additional Product will automatically include the control box contained in any previously purchased Gateway Product.

M-KOPA reserves the right to accept any Product that is returned under Warranty. If the Product is faulty in any way, the Customer should return it to the nearest Service Centre or M-KOPA shop for repairs or replacement.

M-KOPA Agrees To:

1. Inform of Approval

M-KOPA will communicate approval or disapproval of the agreement to the Customer by SMS, email or phone call within 7 days, thereby granting a limited license for the use of the necessary software code.

2. Activate the Product

M-KOPA will ensure the product is activated once the Deposit Fee is received and, thereafter, whenever Customer’s M-KOPA Account has a positive credit balance. M-KOPA reserves the right to offer a customer a discount or any other preferential terms at its discretion.

3. End Billing when Total Purchase Price is Paid

M-KOPA will complete billing for the Device and end further Daily Credit Fee requirements once the Total Purchase Price is paid. M-KOPA retains ongoing ownership of the GSM communications module (only) and reserves the right to reactivate the module and billing for additional products with the Customer’s consent.

4. Refund the Deposit Fee (if valid)

M-KOPA will refund the Deposit Fee for any Product that is approved for refund by M-KOPA customer service and returned in good working condition to M-KOPA’s registered offices, retail stores or qualified dealers before paying the Total Purchase Price. If the Product is not in good working order, M-KOPA may elect not to refund or to make a partial refund, at its sole discretion. M-KOPA will not provide a refund for Products for which the Total Purchase Price has been paid or for any Products that have been tampered, opened, modified or used in any other way not authorized by M-KOPA.

5. Repairs or Replacement in Warranty Period

M-KOPA will repair or replace the Product in accordance with the Warranty terms and conditions. The Warranty is valid only if the Product is used as instructed and is not tampered, opened, modified or used in other ways not authorized by M-KOPA. The Warranty period will commence on the day of this agreement or the date the Product is activated, whichever is earlier. M-KOPA reserves the right to accept any Product that is returned under Warranty. If the Product is faulty in any way, please return it to your nearest retail store or qualified dealer for repairs or replacement.

6. Protect Data

M-KOPA agrees to protect Customer’s data in accordance with the prevailing data protection and consumer protection laws unless required to disclose such information by law or in accordance with these Terms and Conditions. M-KOPA shall have absolute and sole ownership of the carbon credits obtained from the usage of the Product and of the data which is obtained by the Customer’s use of the Device.

7. Installation for MKOPA 400 and +400 Products

M-KOPA shall train its agents on how to install the MKOPA 400 and MKOPA +400 Products and shall certify that such Products are in good working condition upon installation with confirmation by the Customer. Where the Customer chooses to install the MKOPA 400 or MKOPA +400 Product on his or her own without the assistance of an M-KOPA certified installer, the Customer shall be liable for any negligent handling which leads to the failure of the Product to perform as expected. This includes any damage or breakage suffered in the course of installation. The M-KOPA Warranty extends to the failure of the Product to function due to any manufacturer defects notwithstanding whether the device is installed by an M-KOPA installer or the Customer.