Terms & Conditions (Kenya)
M-KOPA Product Credit Terms & Conditions
The Customer (“You” or “Your”) should therefore read the below Terms together with Your Agreement and the Privacy Notice. Acceptance of the Agreement shall constitute acceptance of these Terms and the Privacy Notice. At M-KOPA we take the privacy of our customers and their data very seriously.
Any questions, complaints, claims, or other communications relating to these Terms should be directed to customercare@m-kopa.com phone +254707333222 and WhatsApp +254799136761
CONTENTS
1. DEFINITIONS
2. YOUR ACCOUNT
3. THE CREDIT PAYMENT
4. PAYMENT METHOD
5. PAYMENTS BY A THIRD-PARTY
6. PRODUCT DEACTIVATION AND CREDIT REPORTING
7. ADDITIONAL PRODUCTS AND PROMOTIONS
8. M-KOPA ADMINISTRATIVE RIGHTS OVER YOUR PRODUCT
9. OWNERSHIP OF THE PRODUCT
10. INTENDED USE ONLY
11. CONTACT INFORMATION
12. LOST, STOLEN OR DAMAGED PRODUCTS
13. PRODUCT PROTECTION
14. DATA BUNDLE OFFER
15. M-KOPA USED DEVICE PROGRAMME
16. ASSIGNMENT
17. INSPECTION BY M-KOPA
18. WARRANTIES
19. RETURN OF PRODUCT
20. M-KOPA RESPONSIBILITIES
21. THIRD-PARTY CHARGES
22. GENERAL PROVISIONS
1. DEFINITIONS
These Terms use capitalized words that are also defined in Your Agreement. For example, terms such as Product, Initial Payment, Credit Payment and Total Payment have the same meaning when they are used in these Terms and in Your Agreement. These Terms also have the following additional defined terms:
Account
Additional Product
Applicable Laws
Communication Channel
Credit Bureau
Initial Product
Interest
Loan
Product
Purchase Agreement
Repayment
Total Loan Amount
Servicer
2. YOUR ACCOUNT
Your Account with M-KOPA is personal to You, and all rights, benefits, and obligations under the Agreements, including eligibility for Additional Products belong exclusively to You as the holder of the Account. Your Account cannot be assigned or transferred to a third party for any purpose.
3. THE CREDIT PAYMENT
You agree to pay the applicable Credit Payment by the due date (or in advance at Your choosing). The Credit Payment shall be applied toward Your outstanding balance owed to the Credit Provider under the Credit Agreement, until You have paid the Total Payment. The Credit Payment is non-refundable even if You return the Product as described in paragraph 19 (Return of Product).
You acknowledge that M-KOPA collects Credit Payments on behalf of the Credit Provider in its capacity as servicer and that payment made to M-KOPA in accordance with paragraph 4 (Payment Method) shall constitute good discharge of Your payment obligations to the Credit Provider.
If You buy Additional Products, You agree that Your Credit Payment may change.
4. PAYMENT METHOD
The Initial Payment and all applicable Credit Payments towards purchase of the Product and/or any Additional Product shall be made either through:
1. M-PESA Pay Bill Number: 333222
2. VIA THE M-KOPA APP
NO ALTERNATIVE FORMS OF PAYMENT INCLUDING CASH WILL BE ACCEPTED OR CONSIDERED VALID BY M-KOPA.
Please inform M-KOPA customer service or email customerprotection@m-kopa.com immediately You are asked to make any cash payment or believe You have received wrong, misleading or potentially fraudulent information from an M-KOPA employee or agent.
5. PAYMENTS BY A THIRD-PARTY
5.1 M-KOPA accepts Credit Payments made towards Your Account from a third party. Any payment made to Your Account shall be treated as a payment made on Your behalf and shall be applied towards Your Credit Payments. You acknowledge that You are solely responsible for any arrangements You make with third parties regarding payments to or use of your Account or the Product. Neither M-KOPA nor the Credit Provider shall at any time have any liability for loss, dispute, or claim arising from such personal arrangements.
5.2 Any Credit Payment made by a third party will not create any contractual relationship between that third party and M-KOPA or the Credit Provider. The third party will not have any right, claim, or entitlement whether to the Product, the Account, refund, any Account information, or any other benefit under the Agreement.
6. PRODUCT DEACTIVATION AND CREDIT REPORTING
6.1 Product Deactivation
If You fail to fulfil Your contractual obligations including keeping current on Your Credit Payments, M-KOPA, acting as servicer on behalf of the Credit Provider may deactivate Your Product (pursuant to the administrative rights described in paragraph 8 (M-KOPA Administrative Rights over Your Product) below) until You become current again in Your Credit Payments. This could require the payment of more than one Credit Payment in order to unblock Your Account.
6.2 Credit Reporting
We report Your payment history to Credit Bureaus. Paying on time builds Your credit score. If You fall behind on Credit Payments or don't make sufficient Credit Payments, we will notify You before negatively reporting to the Credit Bureau. Late or missed Credit Payments will harm Your credit score and may affect Your ability to get other products from M-KOPA or other loan providers. We will continue reporting negative payment history until You become current on your Credit Payments.
If You have multiple products with M-KOPA (for example, both a device and a cash loan), each payment is reported separately to Credit Bureaus and You will receive separate notifications for each Product.You authorize that M-KOPA may from time-to-time access and query Your credit information from any Credit Bureau and receive credit reports/scores on Your behalf.
7. ADDITIONAL PRODUCTS AND PROMOTIONS
If you maintain good credit performance or once You complete payment for the Initial Product (whichever is earlier), You can apply for an Additional Product. This could be another Product, or digital financial services such as cash loans or e-vouchers or any other product that M-KOPA is offering as an Additional Product. If You successfully purchase an Additional Product, You agree that such Additional Product will be subject to the terms and conditions of specific to that Additional Product as well as, these Terms. In this context, the term “Product” will include an Additional Product.
M-KOPA may from time to time identify You as eligible for various promotions and offers (such as airtime, data bundles and others). The available offers and promotions and their applicable terms and conditions will be communicated to you via the M-KOPA App, SMS or WhatsApp. Those terms and conditions will be additional to the Agreement and these Terms. M-KOPA reserves the right to amend or vary the terms and conditions relating to such promotions or offers. You may opt out of receiving such promotions and offers by emailing dataprivacy@m-kopa.com or contacting M-KOPA Customer Service (details are above).
If You miss a Credit Payment for the Additional Product, M-KOPA may deactivate both Your Additional Product and the Initial Product (even if You have fully paid for the Initial Product) until You become current again in Your Credit Payments. This could require the payment of more than one Credit Payment to unblock Your Account.
8. M-KOPA ADMINISTRATIVE RIGHTS OVER YOUR PRODUCT
You understand and acknowledge that:
8.1 M-KOPA has certain administration rights over Your Product which may allow M-KOPA to restrict usage of and potentially block or disable the Product (in exercise of the administrative rights retained by M-KOPA as servicer on behalf of the Credit Provider to secure repayment of amounts owed under the Credit Agreement) if Your Credit Payment is not paid or Your Account is otherwise in arrears. Additionally, these administrative rights may be reactivated even if You have paid off the Total Payment for the Product if You purchase Additional Products or services from M-KOPA.
8.2 You shall not alter the administration rights granted to M-KOPA on the Product. Any breach or attempted breach of this obligation will void the warranty of the Product and violate the intellectual property rights of M-KOPA and the relevant Product manufacturer and will entitle M-KOPA to exercise any of its rights or remedies under paragraph 9 (Ownership of Product) below.
9. OWNERSHIP OF THE PRODUCT
You understand that You shall take ownership of the Product at purchase which is finance by the Credit Provider under the Credit Agreement and that M-KOPA and/or the Product manufacturer (as applicable) shall at all times retain ownership to all of its intellectual property (whether registered or not) (the “Product Intellectual Property”) that is used to operate the Product and the data generated therefrom, in both cases even after the Total Payment is paid. You must not at any time tamper, open, alter the administration rights, reverse engineer, misappropriate or modify or attempt to do any of them and/or use the Product Intellectual Property in any fraudulent or other way not authorised by M-KOPA and/or the Product manufacturer (as applicable) or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Product warranty, void any right to a refund and result in a fundamental breach of the Agreements.
For avoidance of doubt any tampering and/or modification of the M-KOPA Intellectual Property shall constitute willful destruction of M-KOPA’s property and may result in criminal charges and such other civil actions being brought against any person, whether You or a third party, found to have tampered and/or modified the M-KOPA Intellectual Property regardless of whether the Total Payment of the Product has been paid.
Any violation of paragraph 8 (M-KOPA Administrative Rights over Your Product), paragraph 9 (Ownership of Product) and any other term related to Product Intellectual Property will be a fundamental breach of the Agreement and will entitle M-KOPA to exercise any rights or remedies available at law or equity, including without limitation 1) immediate cancellation or rescission of the Agreement; 2) retention of the Product; and 3) forfeiture of the Product warranty, voiding any right to a refund.
10. INTENDED USE ONLY
All Products should be used solely in accordance with the instructions provided in the relevant Product instruction manuals and Product end-user license agreements (where applicable). Further, Your Product must be maintained in proper repair and working condition in order to receive any applicable refund on Your Product and You agree that if You contravene any of the instructions provided in the Product manuals, it will result in the forfeiture of the warranty of the Product.
11. CONTACT INFORMATION
You consent that M-KOPA will call and/or send electronic communications to the contact information which You provide in the Agreement. You are solely responsible for the accuracy of such information and must ensure that all contact information provided to M-KOPA is complete and accurate to allow M-KOPA to contact You or the Alternative Contact Person during reasonable hours regarding Your Account.
You agree that it is Your sole responsibility to keep Your contact information current and You will be deemed to have received any notice issued based on the contact information provided to M-KOPA, whether or not You actually receive the information.
12. LOST, STOLEN OR DAMAGED PRODUCTS
You understand that neither M-KOPA nor the Credit Provider track and they are not responsible for the recovery of lost or stolen Products.
If Your Product is lost or stolen at any point, during or after the term of the Agreement, it is Your responsibility to report the matter to the appropriate police authorities. You further agree that even if the Product gets lost, stolen or damaged while out-of-warranty, You will be responsible for paying the applicable Credit Payment and the Total Payment to the Credit Provider under the Credit Agreement.
13. PRODUCT PROTECTION
To the extent this paragraph 13 is applicable to You, by reason of purchasing an Eligible Product (as defined below), the following definitions will apply:
Benefit
i. one broken screen repair service; and/or
ii. one replacement of the Eligible Product in the event the Eligible Product is lost or stolen.
Eligible Product
13.1. Eligibility for the Benefit
M-KOPA offers You the Benefit for the Eligible Product in line with this paragraph 13.
a) To be eligible for the Benefit it is important that Your Credit Payments are up to date. If You fail to do so, You will not be eligible for the Benefit.
b) You understand that You can make a claim for the Benefit at any time after thirty (30) days from the date the Eligible Product is allocated to You and within one (1) year from the allocation date (the Benefit Period). No claim for the Benefit can be made after the Benefit Period.
13.2. The Claim
To make a claim for the Benefit, You must meet the following requirements and submit the documents set out below to the nearest M-KOPA service center or shop:
To qualify for the broken screen repair service, You must:
- be on track/up to date with your Credit Payments (if not on track, you can pay to catch up and qualify)
- complete and submit an indemnification form (issued at the M-KOPA shop) (BSR Form)
- attach a copy of Your form of identification.
- pay a repair fee of KES 1,000 (the Repair Fee)
M-KOPA will take a photo of the broken phone screen and back of Eligible Product.The broken screen repair will take 10 working days.
For You to qualify for the lost/stolen phone replacement. You must:
- be on track/ up to date with your Credit Payments (if not on track, you can pay to catch up and qualify)
- be required to complete a lost/stolen phone claim form (issued at the M-KOPA shop) (LSPC Form).
- attach a copy of Your form of identification
- attach a stamped police report/ OB
- pay a phone replacement fee of KES 4,000 (the Phone Replacement Fee).
- The lost/stolen phone replacement will take 48 hours.
The lost/stolen phone replacement will take 48 hours.
The applicable Repair Fee or Phone Replacement Fee is payable at the time of submitting Your claim, payment will be in accordance with paragraph 4 (Payment Method).
If You are unable to pay the Repair Fee or the Phone Replacement Fee at the time of submitting Your claim, You may add the Repair Fee or the Phone Replacement Fee to Your Credit Payments under the Credit Agreement by indicating this option in the BSR Form or LSPC Form (as applicable). The amount added to Your Credit Payments shall be subject to the terms under the Agreements including charges, interest, default, and credit reporting provisions and these Terms.
If the above requirements are met, then the Eligible Product will be repaired and/or replaced within the timelines set out above or as will be communicated to You by M-KOPA from time to time. If the Eligible Product is to be replaced, You understand that the replacement will either be (i) a product unit of a similar model or (ii) a new product unit. You understand that the Benefit can only be utilized once during the Benefit Period.
14. DATA BUNDLE OFFER
To the extent this paragraph 14 applies to You, the following definitions will apply to those customers who purchase the M-KOPA Data Bundles product and in this context, the term “Product” will include the Data Bundle product:
14.1 You can apply for the Product through the designated Communication Channel currently the M-KOPA App. The available Data Bundles and payment plans can be viewed on the M-KOPA App.
14.2 The maximum amount of Data Bundles You can receive will depend on Your eligibility as determined by M-KOPA from time to time. M-KOPA will inform You of the Product amount and any applicable charges before issuing the Product.
14.3 Payment provisions in these Terms apply to paragraph 14.
14.4 If You fail to repay the Credit Amount or the Total payment for the Product by the due date, M-KOPA may deactivate Your Initial Product until You become current again in Your Credit Payments. Additionally, if You are in arrears with Your MNO, the Product and/or the Initial Product, may not be available to You.
14.5 You acknowledge and agree that:
(a) the use, and functionality of Data Bundles are subject to and governed by the terms and conditions of the applicable MNO as may be in force from time to time;
(b) M-KOPA makes no representations or warranties regarding MNO’s services; and
(c) any disputes or issues relating to the Data Bundles shall be resolved in accordance with the MNO's terms and condition.
14.6 You must finish paying for Your current Data Bundle before You can buy a new one. M-KOPA may refuse to sell You additional Data Bundles if You have unpaid Data Bundle amounts on Your account.
15. M-KOPA USED DEVICE PROGRAMME
To the extent the M-KOPA Used Devices Programme (the Programme) is applicable to You, the following definitions will apply:
Eligible Device
Incentive Value
15.1. Programme Options
The Programme, allows You to return an Eligible Device to an M-KOPA service center, retail store or qualified dealer with the following options:
a) Return to M-KOPA an Eligible Device for which You are still making payments, subject to the terms of paragraph 19 (Return of Product) above; or
b) Trade-in-to-upgrade that is, exchange the Eligible Device for another available M-KOPA mobile device of Your choice.
15.2. Programme Eligibility
To be eligible for the Programme:
a) You must be in possession of a valid form of identification.
b) You can only bring a maximum of 1 Eligible Device at any given time.
c) Must be the rightful owner of the Eligible Device.
d) For Trade-in-to-upgrade, You must have used the Eligible Device for at least 180
days, have paid at least 180 credits, and be up-to-date with your Credit Payments.
e) M-KOPA may set additional eligibility criteria, which may be updated periodically.
15.3. Device Qualification
a) Before a qualifying Eligible Device is handed over to an M-KOPA agent, You must remove all passwords and accounts (e.g., Samsung, Google account) from the Eligible Device, and initiate a factory reset. M-KOPA will not be liable for any data loss under this Program.
b) M-KOPA, at its sole discretion, will assess the qualifying Eligible Device (i) to confirm that the device qualifies for the Programme and (ii) assign it a grade (the Grade) based on its functionality and cosmetic condition.
c) For trade-in-to-upgrade, an Incentive Value will be assigned to the Eligible Device based on the Grade. This Incentive Value will be applied towards the purchase of a new M-KOPA device of your choice.
d) You will be responsible for ensuring that any information provided to the M-KOPA agent conducting the assessment is accurate, complete, and up-to-date.
15.4. Important Information
Transactions under this Programme are:
a) non-transferable that is no other substitution for the Incentive Value is permissible; and
b) non-refundable or reversible. When You return or trading-in a M-KOPA Device, You permanently transfer all ownership rights in the Eligible Device to M-KOPA.
16. ASSIGNMENT
M-KOPA has the right to transfer or assign the Purchase Agreement, and the Credit Provider has the right to transfer or assign the Credit Agreement, together with any rights or obligations under their respective Agreements at any time. You consent to such assignment. Any assignee shall take subject to the same obligations owed to You under the relevant agreement as existed immediately before the assignment, and such assignment shall not alter Your rights or increase Your obligations under either Agreement.
17. INSPECTION BY M-KOPA
You agree to provide M-KOPA, its employees or agents reasonable access to inspect the Product at any time, with reasonable notice. This includes inspections related to any repair services or for the purpose of investigating any fraudulent uses of the Product during the term of the Agreement.
18. WARRANTIES
M-KOPA will repair or replace a Product, in accordance with the warranty terms provided by the Product manufacturer. The warranty is valid only if the Product is used as instructed and is not tampered with, opened, modified and/or used in other ways not authorised by M-KOPA, the Agreement and these Terms. The warranty period is as set out in the instruction manual for the relevant Product. M-KOPA reserves the right not to accept any Product that is returned under warranty. Approval from M-KOPA’s customer service is required before a Product can be returned to an M-KOPA service center or shop for repair or replacement. Once approval has been obtained, You should return Your faulty Product to the nearest M- KOPA shop or authorized service center for repairs or replacement. In-warranty Product repairs will take approximately ten (10) working days.
You may contact M-KOPA for out-of-warranty repairs.
19. RETURN OF PRODUCT
19.1 You may return Your Product if it is in good working condition to any M-KOPA retail store or qualified dealer at any time during the term of Your Agreement, provided that You do not have an existing M-KOPA cash loan or any contractual commitments, or encumbrances from third parties attached to your Product. Your Product will be evaluated, and You shall:
a) be eligible for a refund of Your Initial Payment either in full or in part depending on the evaluated condition of Your Product; and
b) be released from Your remaining Credit Payment obligation under the Agreement.
19.2 You shall remain responsible for the Product until it is received by an M-KOPA agent at an M-KOPA retail store or service center. If You choose to use any delivery service or third party to return the Product on Your behalf, You agree that such return is at Your own cost, risk and that You shall remain responsible for all Credit Payments in the event of loss or damage.
19.3 The provision in paragraph 19.2 above applies to all Product returns to M-KOPA for any reason, including but not limited to warranty claims, repairs and Product Protection Benefit claims.
20. M-KOPA RESPONSIBILITIES
20.1 Inform of Approval
The Credit Provider will communicate to You its approval or disapproval of the Credit Agreement. M-KOPA may also communicate by SMS, WhatsApp, email or phone call on behalf of the Credit Provider. M-KOPA will communicate its acceptance of the Purchase Agreement separately by SMS, email or phone call Approval or disapproval for any Additional Products will be communicated by SMS or phone call.
20.2 Activate the Product
M-KOPA will ensure the Product is activated once M-KOPA has received the Purchase Price in full from the Credit Provider and, thereafter, whenever Your Account has a positive credit balance. M-KOPA shall not accept responsibility if a Product does not receive credit due to third party system or network outages which result in a failure for a Product to receive credits.
20.3 End Billing when Total Payment is Paid
M-KOPA will complete billing for the Product and end further Credit Payment requirements once the Total Payment of the Product is paid. M-KOPA reserves the right to reactivate and maintain the module and billing for any Additional Products that You may purchase. For the avoidance of doubt, M-KOPA collects Credit Payments in its capacity as servicer on behalf of the Credit Provider, and discharge of Your payment obligations shall be determined by reference to the total outstanding balance under the Credit Agreement.
20.4 Protect Data
M-KOPA agrees to implement appropriate and reasonable measures to protect Your personal 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 the Privacy Notice.
20.5 Ownership of Carbon Credits
M-KOPA has absolute and sole ownership of all carbon credits generated from Your use of the Product, both while You are still making Credit Payments and after You have completed them. Carbon credits are environmental benefits that M-KOPA may sell to third parties to help offer You more affordable financing, and the financing terms you received already reflect M-KOPA's right to these credits. You agree that You will not claim, sell, or transfer any carbon credits generated from your use of the Product.
21. THIRD-PARTY CHARGES
You acknowledge You may communicate with M-KOPA using various Communication Channels to perform certain transactions on Your Account. You agree that such communication is made possible by third-party service providers which may incur additional charges. These third-party charges are separate from the Credit Charge and must be paid directly to the third-party service provider regardless of whether disclosed by the third-party service provider in advance or otherwise. You accept that all charges from third-party service providers, including any applicable taxes, are Your sole responsibility.
22. GENERAL PROVISIONS
22.1. M-KOPA encourages You to report any abuse, suspicions and/or concerns about fraud by its employees or agents. To make a report, please email CustomerProtection@m-kopa.com. You can choose to be anonymous but, providing Your contact information may help M-KOPA with the investigation process. M-KOPA is committed to protecting those who report fraud and will not tolerate any retaliation or adverse actions against those who report in good faith. However, deliberately making false reports to harm an employee or M-KOPA is prohibited and may lead to legal action. Your identity as a reporter will be kept confidential as much as possible and will only be disclosed to those who need to know for investigation or legal reasons.
22.2. No waiver of these Terms by M-KOPA will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by M-KOPA to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect the M- KOPA’s and Your intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
22.3. M-KOPA reserves the right, at any time, to change, vary, amend or replace these Terms and any rules relating to Your purchase, its products and services and to modify its products and services at its discretion, with notice to You.
22.4. No provision of these Terms is intended to contravene the applicable consumer protection legislation, and therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the applicable consumer protection legislation is complied with.
22.5. These Terms will be governed and construed in accordance with the laws of Kenya and the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). Any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, construed and determined in accordance with the applicable laws of Kenya.
BIMA YA AFYA BILA MALIPO
These terms and conditions, as updated from time to time, apply to You, unless clearly stated otherwise, if 1) You are living in Kenya, and 2) have purchased an eligible product (the Product) from M-KOPA. These terms as well as the terms of the Product Application & Credit Agreement (the Agreement) will be applicable. Your acceptance of the Agreement shall constitute acceptance of these terms.
Eligibility:
You must be above 18 years of age and have purchased the Product within the specified promotional period. Eligibility is subject to the specific promotional terms and conditions based on the purchase dates and qualifying Product models.
If You have questions about Your eligibility, please call 0800 720 348.
Underwriter:
This cover is provided and underwritten by Turaco Microinsurance Limited (Turaco). Turaco is a micro insurer licensed by the Insurance Regulatory Authority of Kenya (IRA), and serviced by Turaco Insurance Agency Limited, an agency licensed by the IRA.
Activation:
This cover starts from the date of purchase of Your Product and receipt of Your details by Turaco (the Start Date).
Term:
Your cover shall be renewed from month to month unless terminated earlier by M-KOPA. To maintain uninterrupted monthly coverage, it is important to make timely Credit Payments. Failure to do so may result in the loss of eligibility for continued coverage.
Benefit:
Hospital cash benefit is payable upon in-patient hospitalisation for one (1) or more consecutive nights at any Ministry of Health (MOH)-accredited hospital. The list of MOH accredited hospitals can be viewed here. Hospital cash benefits are subject to a maximum of thirty (30) nights of hospitalisation in a policy year.
The Hospital Cash Cover benefits are: Maximum Annual Hospital Cash Benefit of KSH 30,000 with a nightly Hospital Cash Benefit (1+ Nights) of KSH 1,000.
Claims:
To make a claim, WhatsApp Turaco on +254 768387245 or call for free through 0800 720 348 and an agent will assist You with the necessary documentation. All claims will be paid within three (3) business days of receiving full documentation and internal verification. Claims must be reported within one (1) week of hospitalisation.
Please note that Turaco is solely responsible for assessing and processing Your claims. M-KOPA does not have any direct involvement in processing of claims or decisions nor is M-KOPA financially liable for payment of claims.
Claims Administration
Turaco will ensure that all reported claims are settled within three (3) working days of receiving complete documentation and internal verification.
Personal Data:
All customer information collected will be held securely by Turaco. Turaco may share customer data with third parties and M-KOPA for the purposes of policy administration, swift claims processing, and communications.
For more information, our Privacy Notice can be found here.
Communications:
We may contact You by email, telephone, SMS, WhatsApp or other channels about our services, promotions or offers that may be of interest to You. If You prefer not to receive any direct sales and marketing communications from us, You can opt out at any time by calling 0800 720 348.
Exclusions:
These terms are subject to Turaco’s terms and conditions. Turaco shall not be liable to pay benefits for claims occurring due to the following:
i. Admission to a hospital that is not MOH accredited in Kenya;
ii. Death attributed to self-inflicted injury, war, participation in riots or demonstrations, abuse of alcohol or illegal drugs; or
iii. Hospital cash for:
a) elective surgery including cosmetic surgery. Elective surgery is surgery. scheduled in advance because it does not involve a medical emergency;
b) political unrest, war, riots, military action, terrorist activities, civil uprising or insurrection;
c) abuse of alcohol or narcotics, inhalation of gas, wilful exposure to radioactivity, selfinflicted injury, attempted suicide (whether sane or insane at the time), wilful consumption of poison or overdose of drug (whether prescribed by medical practitioner or not);
d) participation in dangerous sports and recreation activities such as horse riding, mountaineering, hunting, motor racing, twiga boat racing or fighting; and/or
e) any act committed by a covered member which constitutes a violation of criminal law.
Claims: To make a claim, WhatsApp Turaco at +254 768 387 245 or call for free through 0800 720 348, and an agent will assist you with the necessary documentation. All claims will be paid within 3 business days of receiving full documentation and internal verification. Claims must be reported within 2 weeks of the event.
Personal Data: All customer information collected will be held securely by Turaco in accordance with Turaco’s data privacy policy and applicable law. Turaco may, subject to applicable law, share customer data with third parties for the purposes of policy administration and communications.
Communications: We may contact you by email, telephone, SMS, WhatsApp, or other channels about our services, promotions, or offers that may be of interest to you. If you prefer not to receive any direct sales and marketing communications from us, you can opt out at any time by calling 0800 720 348.
Exclusions: These terms are subject to Turaco’s terms and conditions including that Turaco shall not be liable to pay benefits for claims occurring due to the following:
1. Death attributed to self-inflicted injury, war, participation in riots or demonstrations, abuse of alcohol or illegal drugs.
2. Hospital Cash:
– Elective surgery including cosmetic surgery. Elective surgery is surgery scheduled in advance because it does not involve a medical emergency.
– Political unrest, war, riots, military action, terrorist activities, civil uprising or insurrection.
– Abuse of alcohol or narcotics, inhalation of gas, willful exposure to radioactivity, self-inflicted injury, attempted suicide (whether sane or insane at the time), willful consumption of poison or overdose of a drug (whether prescribed by a medical practitioner or not).
– Participation in dangerous sports and recreation activities such as horse riding, mountaineering, hunting, motor racing, powerboat racing, or fighting.
– Any act committed by a covered member which constitutes a violation of criminal law.
UPGRADE HOSPITAL CASH, OUTPATIENT & LIFE PRODUCT TERMS AND CONDITIONS
The terms and conditions of this part shall apply to the M-KOPA Customer Upgrade Hospital Cash, Outpatient & Life Product, a group microinsurance cover underwritten and administered by Turaco Microinsurance Limited (Turaco) and offered to You, the eligible member, to be added to benefit from the group (the Product).
By using the Product, you confirm that you have read, understood, and agree to be legally bound by these Terms and Conditions. These Terms and Conditions are incorporated into and form part of your Product Application & Credit Agreement (the Agreement). These Terms and Conditions may be updated or modified from time to time, and any such updates will apply to Your continued use of the Product.
If M-KOPA needs to make important changes to these Terms and Conditions, M-KOPA will notify you at least fourteen (14) days before the changes take effect. M-KOPA will send you notice through SMS, WhatsApp or in-app notification. If you continue using the product after the changes become effective, this means You accept and agree to follow the new terms. You will be considered to have read, understood, and agreed to be bound by the updated terms.
Underwriter:
M-KOPA, as the group master policyholder, offers its eligible members the option to enrol in a voluntary add-on microinsurance product underwritten by Turaco.
Turaco is a micro insurer licensed and regulated by the Insurance Regulatory Authority of Kenya (IRA).
Eligibility:
To be eligible for the Product, You must be a registered M-KOPA customer with an account in good standing and to be added as a dependent you must be either:
- an adult of between the age of 18 years and 80 years (a spouse, parent, or parent-in-law to the primary member and resident of Kenya); or
- a child or grandchild between the age of 1 month to 25 years, enrolled as a dependant under an eligible adult’s policy and must be living in the eligible adult’s household.
If You have questions about Your eligibility, please call 0800 720 348.
Activation:
Your microinsurance cover will begin on the date You subscribe to the Product. Turaco will then receive and verify Your details and confirm your eligibility for cover (the Start Date).
Turaco will notify You through SMS, WhatsApp, email or in-app notification once Your cover has been successfully activated.
Term:
Your cover shall be renewed from month to month unless terminated earlier by M-KOPA in accordance with these Terms and Conditions. To maintain uninterrupted monthly coverage, You must make your Credit Payments on time. Should Your account become more than 14 days past due, Your cover will be automatically cancelled. Failure to make timely Credit Payments may result in termination of Your cover and loss of eligibility benefits.
The waiting period is 14 days. During the first 14 days of cover, only claims arising from accidents will be payable.
Following cancellation, You will be permanently ineligible re-enrol to the Product.
Payments:
Payment may be made on a daily basis or in advance for multiple days or weeks to maintain continuous coverage. All health insurance contributions are non-refundable once successfully processed.
Benefits:
Hospital Cash: You receive benefits when You are admitted for inpatient hospitalisation overnight in a hospital for one (1) or more consecutive nights. The hospital must be a public or private hospital registered with the Ministry of Health (KEPH level 3-5) and approved by Turaco. Benefits are paid starting from your first night in the hospital, up to a maximum of thirty (30) nights per policy year.
The list of hospitals registered with the Ministry of Health can be viewed online at https://kmhfr.health.go.ke/#/facility_filter/results .
Outpatient: This benefit reimburses the cost of necessary medical treatment, services, or supplies, from a Ministry of Health registered medical or paramedical practitioner related to outpatient medical facility visits (KEPH Level 2-5 and approved by Turaco). This benefit does not cover costs that are already covered by other insurance or the Social Health Authority (SHA).
Customers can claim 50% of the benefit every six (6) months.
Life Benefit: In the unfortunate event of your passing during the policy period, this cash benefit will be paid directly to your chosen beneficiary or next of kin.
Product Options
| Annual Benefits (KES) | Daily Price (KES) | |
|---|---|---|
Option 1 | 1,000 per night of hospitalization, up to 30 nights per year | 4 |
Option 2 | 1,000 per night of hospitalization, up to 30 nights per year per person covered | 12 |
Option 3 | 2,000 per night of Hospital Cash (From night 1, 30 nights) | 13 |
Claims:
To make a claim, contact Turaco through WhatsApp on +254 768387245 or toll-free call through 0800 720 348.
A Turaco agent will guide You through the claims process and assist with the required documentation.
Claim Administration:
Turaco will ensure that all reported claims are settled within three (3) business days of receiving complete documentation and completion of Turaco’s internal assessment and verification.
Claims must be reported within four (4) weeks of the occurrence of the supporting covered event. You must submit full documentation in respect of any claim to Turaco within six (6) weeks of the initial notification of the occurrence of the covered event. Claims submitted after these stipulated periods may be rejected, unless a satisfactory explanation for the delay is provided to and accepted by Turaco.
Please note that Turaco is solely responsible for assessing, processing and paying Your claims. M-KOPA does not participate in the making of any claims decisions and bear no financial liability for the payment of Your claims.
Personal Data:
All customer information collected will be securely stored and processed by Turaco in accordance with Turaco’s Data Privacy Policy and all applicable data protection laws. Turaco may, subject to applicable law, share customer data with authorised third parties strictly for the purposes related to policy administration, claims processing and communications. For more information, our Privacy Notice can be found here.
Communications:
Turaco may contact You by email, telephone, SMS, WhatsApp or other channels to inform You about their services, promotions or offers that may be of interest to You. If You prefer not to receive any direct sales and marketing communications from Turaco, You can opt out at any time by calling 0800 720 348.
Complaints Handling:
If You have any questions, concerns, or complaints regarding Your cover, claims, or any part of the Product, contact Turaco customer support team through WhatsApp on +254 768387245, toll-free call through 0800 720 348 or email at Claimske@turaco.insure.
Turaco will acknowledge receipt of Your complaint based on the below:
- Low Severity Complaints - Response within 2 business hours;
- Medium Severity Complaints - Response within 24 Hours; and
- High Severity Complaints - Response within 24 hours and an update every consequent 24 hours.
Exclusions:
Turaco shall not be liable to pay benefits for claims occurring due to the following:
- Active participation in political unrest, war, riots, military action, terrorist activities, civil uprising or insurrection;
- Abuse of alcohol or narcotics;
- Any act committed by a covered member that constitutes a violation of criminal law;
- Self-inflicted injury; and
- Any other exclusion as may be advised by Turaco from time to time.
Consent:
By opting into the Product, You confirm that You have been provided with and have read and understood, the Terms and Conditions for the Product, including applicable benefits, exclusions, limitations and fees.
You acknowledge that:
- You have voluntarily enrolled and or signed up for the Product;
- You understand what is covered and what is not covered by the Product;
- You have had the chance to ask questions or seek clarification before signing up;
- By signing up for the Product through the mobile app, USSD, or other platform, You are giving Your informed consent and agreeing to the Terms and Conditions; and
- You have consented to the sharing of Your relevant personal information between the Turaco and M-KOPA solely for purposes of administering and servicing the Product, in accordance with applicable data protection laws.
SpeakUp enables organizations to detect unethical behavior as soon as possible.It is an interactive platform that makes it possible to anonymously report and communicate about unethical behavior 24/7/365 days per year.
Here’s how you can anonymously report unethical behavior via SpeakUp: https://bit.ly/MKOPASpeak_Up.
M-KOPA Loans Terms & Conditions
These Terms as well as the M-KOPA privacy notice (the “Privacy Notice”) as updated from time to time, are explicitly incorporated into the Credit Agreement between You and M-KOPA, as a credit provider (the “Agreement”). The Customer (“You” or “Your”) should therefore read the below Terms together with Your Agreement and the Privacy Notice. Acceptance of the Agreement shall constitute acceptance of these Terms and the Privacy Notice. At M-KOPA we take the privacy of our customers and their data very seriously.
By accessing the Communication Channel (as defined below) and maintaining Your Account (as defined below) You agree to comply with and be bound by these Terms governing the Product and You will be deemed to have read, understood, accepted and agreed with the Terms upon responding affirmatively on the applicable Communication Channel. If You do not agree with the terms of this Agreement, please do not click the “Agree” button on the Communication Channel. Please note that You will not be able to access the Product if You do not click “Agree” on the Communication Channel.
Any questions, complaints, claims, or other communications relating to these Terms should be directed to customercare.ke@m-kopa.com phone +254707333222 and WhatsApp +254799136761.
CONTENTS
1. DEFINITIONS
2. YOUR ACCOUNT
3. THE REPAYMENTS
4. PAYMENT METHOD
5. PAYMENTS BY A THIRD-PARTY
6. PROMOTIONS/OFFERS
7. PRODUCT CHARGES
8. TAXES
9. PERMISSION FOR ADMINISTRATION RIGHTS
10. DEFAULT ON REPAYMENT
11. CREDIT REPORTING
12. NO SETOFF
13. CONTACT INFORMATION
14. ACCOUNT STATEMENTS
15. ASSIGNMENT
16. M-KOPA RESPONSIBILITIES
17. THIRD-PARTY CHARGES
18. GENERAL PROVISIONS
1. DEFINITIONS
These Terms use capitalized words that are also defined in Your Agreement or Communication Channel. For example, terms such as Loan Balance, Cash Loan have the same meaning when they are used in these Terms and in Your Agreement or the Communication Channel. These Terms also have the following additional defined terms:
2. YOUR ACCOUNT
Your Account with M-KOPA is personal to You, and all rights, benefits, and obligations under the Agreements, belong exclusively to You as the holder of the Account. Your Account cannot be assigned or transferred to a third party for any purpose. You agree that the terms of Your Product (linked to Your Account) and charges payable for the Product have been displayed on the Communication Channel and/or explained to You, prior to accepting the Product.
3. THE REPAYMENTS
3.1. You agree to make the Repayments by the due date (or in advance at Your choosing). The Repayments shall be applied toward Your Loan Balance, until You make full payment of the Total Loan Amount as set out in the Agreement.
3.2. You acknowledge that the Servicer may collect the Repayments on behalf of M-KOPA and that payments made in accordance with paragraph 4 (Payment Method) will be applied to Your Total Loan Amount in accordance with the Agreement. Repayments made to the Service shall constitute good discharge of Your payment obligations to M-KOPA. Any disputes regarding the collection, processing or allocation of Repayments should be directed to the Servicer in the first instance using customercare.ke@m-kopa.com.
4. PAYMENT METHOD
The Repayments (whether made daily, weekly, monthly or in total upfront) towards Your Loan shall be made through:
1. M-PESA Pay Bill Number: 333222
2. VIA THE M-KOPA APP
NO ALTERNATIVE FORMS OF PAYMENT INCLUDING CASH WILL BE ACCEPTED OR CONSIDERED VALID.
Please inform M-KOPA customer service or email CustomerProtection@m-kopa.com immediately You are asked to make any cash payment or believe You have received wrong, misleading or potentially fraudulent information from an M-KOPA employee or agent.
You agree and understand that a portion of the Repayments consists of costs related to the Product including Interest. You understand that You may contact M-KOPA to get a breakdown of Your Repayments.
5. PAYMENTS BY A THIRD-PARTY
5.1 M-KOPA accepts Repayments made towards Your Account from a third party. Any payment made to Your Account shall be treated as a repayment made on Your behalf and shall be applied towards Your Total Loan Amount. You acknowledge that You are solely responsible for any arrangements You make with third parties regarding Repayments to or use of your Account. Neither M-KOPA nor the Servicer shall at any time have any liability for loss, dispute, or claim arising from such personal arrangements.
5.2 Any Repayments made by a third party will not create any contractual relationship between that third party and M-KOPA or the Servicer. The third party will not have any right, claim, or entitlement whether to the Product, the Account, refund, any Account information, or any other benefit under the Agreement.
6. PROMOTIONS/OFFERS
M-KOPA may from time to time identify You as eligible for various promotions and offers (such as airtime, data bundles and others). The available offers and promotions and their applicable terms and conditions will be communicated to You via the M-KOPA App, SMS or WhatsApp. Those terms and conditions will be additional to the terms in the Agreement and these Terms. M-KOPA reserves the right to amend or vary the terms and conditions relating to such promotions or offers. You may opt out of receiving such promotions and offers by emailing dataprivacy@m-kopa.com or contacting M-KOPA Customer Service (details are above).
7. PRODUCT CHARGES
You can apply for a Product through any Communication Channel. The maximum Loan Amount will depend on Your eligibility. M-KOPA will inform You of the Loan Amount, Interest, and any other applicable charges before the Product is obtained. You shall make Repayments on the due dates se out in Your Agreement or as notified to You via the M-KOPA App. A monthly Interest rate of between 3-15% will apply. Interest rates are subject to the limits allowed by Applicable Law.
8. TAXES
Repayments do not include taxes. If taxes become payable under Applicable Law, M-KOPA will inform You, and You will pay any additional amount due to tax. Additionally, if M-KOPA is required by law or a regulatory body to withhold any amounts related to Your Account, You agree to such withholding.
9. PERMISSION FOR ADMINISTRATION RIGHTS
You understand and acknowledge that M-KOPA and/or the Servicer has certain administration rights over Your Initial Product which may allow M-KOPA and/or the Servicer to restrict usage of and potentially block or disable the Initial Product if the Repayments are not paid or Your Account is otherwise in arrears. The administration rights shall remain in effect until full payment of the Total Loan Amount as set out in the Agreement however, if You purchase additional products or services from M-KOPA, these administrative rights may be reactivated even if You have paid off the Total Loan Amount.
You will not alter the administration rights granted to M-KOPA or the Servicer on the Initial Product and any attempt to do so could void the warranty of the Initial Product and violate the intellectual property rights of M-KOPA or the Servicer and the relevant Initial Product manufacturer. The Servicer is authorised by M-KOPA to exercise the administration rights described in this section on M-KOPA’s behalf.
For avoidance of doubt any alteration, tampering and/or modification of the administration rights or intellectual property shall constitute willful destruction of M-KOPA’s and/or the Servicer’s property and may result in criminal charges and such other civil actions being brought against any person, whether You or a third party, found to have tampered and/or modified the administration rights or intellectual property regardless of whether the Repayments have been paid.
10. DEFAULT ON REPAYMENT
If You fail to meet Your contractual obligations, including keeping up with Repayments as required in the Agreement, and this failure continues, M-KOPA may, without prejudice to any other legal rights or remedies:
a) Declare the Loan granted to You (including all outstanding amounts and interest) immediately due and payable;
b) Restrict usage of or engage the Servicer to exercise the administration rights described in paragraph 9 (Permission for Administration Rights) on M-KOPA’s behalf and potentially disable the Initial Product;
c) If necessary, engage an external collections agency to seek repayment;
d) Seek indemnification against any reasonable loss or expense incurred due to Your failure to make repayment; and/or
e) Terminate this Agreement.
For the avoidance of doubt, any dispute, claim, or complaint You may have in relation to the Product or the Purchase Agreement shall not entitle You to withhold, reduce, or set off any Repayments owed to M-KOPA under the Agreement. Your Repayment obligations are separate from, and independent of, any of Your obligations under the Purchase Agreement.
11. CREDIT REPORTING
M-KOPA reports Your payment history to Credit Bureaus. Paying on time builds Your credit score. If You fall behind on Your Repayments or don't make sufficient Repayments, M-KOPA will notify You before negatively reporting to the Credit Bureau. Late or missed Repayments will harm Your credit score and may affect Your ability to get other products from M-KOPA or other providers. We will continue reporting negative payment history until You become current on your Repayments.
If You have multiple products with M-KOPA (for example, both a device loan and a cash loan), each payment is reported separately to Credit Bureaus and You will receive separate notifications for each Product.
You authorize that M-KOPA may from time-to-time access and query Your credit information from any Credit Bureau and receive credit reports/scores on Your behalf.
12. NO SETOFF
All payments to be made by You under the Agreement shall be made in full without any setoff or counterclaim free and clear of and without any deduction or withholding whatsoever. If You are at any time required to make any deduction or withholding, You shall immediately pay such additional amounts as will result in M-KOPA receiving the full amount it would have received had no such deduction or withholding been required.
13. CONTACT INFORMATION
You consent that M-KOPA will call and/or send electronic communications to the contact information which You provide in the Agreement. You are solely responsible for the accuracy of such information and must ensure that all contact information provided to M-KOPA is complete and accurate to allow M-KOPA to contact You or the Alternative Contact Person during reasonable hours regarding Your Account.
You agree that it is Your sole responsibility to keep Your contact information current and You will be deemed to have received any notice issued based on the contact information provided to M-KOPA, whether or not You actually receive the information.
14. ACCOUNT STATEMENTS
You can request a statement for Your Account by contacting the M-KOPA Customer Service. M-KOPA reserves the right to correct discrepancies or change the entries in Your statements. Except for obvious errors, the statement issued to You will be the final record of the transactions made and requested by You for Your Account during the statement period.
15. ASSIGNMENT
M-KOPA has the right to transfer or assign the Agreement, and the Servicer has the right to transfer or assign the Purchase Agreement, together with any rights or obligations under their respective Agreements at any time. You consent to such assignment. Any assignee shall take subject to the same obligations owed to You under the relevant agreement as existed immediately before the assignment, and such assignment shall not alter Your rights or increase Your obligations under either Agreement.
16. M-KOPA RESPONSIBILITIES
16.1. Inform of Approval
M-KOPA will communicate to You its approval or disapproval of the Agreement. M-KOPA or the Servicer may also communicate by SMS, WhatsApp, email or phone call within seven (7) days of receiving the signed Agreement.
16.2. Disbursement of the Loan
Upon satisfaction of the conditions precedent in the Agreement, M-KOPA will disburse the Loan directly to the Servicer as supplier under the Purchase Agreement on Your behalf in accordance with the Agreement. M-KOPA shall not be responsible for any delay in delivery of the Product by the Servicer, or for any defect, damage, or failure of the Product. Any such matters shall be the sole responsibility of the Servicer under the Purchase Agreement.
M-KOPA shall not accept responsibility for any delay due to third party system or network outages which result in a failure for the Servicer to receive the Loan.
16.3. Product Warranty and Support
The Servicer, as supplier under the Purchase Agreement shall provide Product warranty, technical support, and after-sales services. You shall pursue any warranty claims, Product defects, or performance issues directly with the Servicer in accordance with the Purchase Agreement. For the avoidance of doubt, M-KOPA’s sole role is to provide the Loan and it has no liability in respect of the Product or the Purchase Agreement.
16.4. End Billing when Total Loan Amount is Paid
M-KOPA will complete billing for the Product and end further Repayment requirements once the Total Loan Amount is paid in full. M-KOPA reserves the right to reactivate the billing for any Additional Products that You may purchase.
16.5. Protect Data
M-KOPA agrees to implement appropriate and reasonable measures to protect Your personal 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 Privacy Notice.
17. THIRD-PARTY CHARGES
You acknowledge You may communicate with M-KOPA using various Communication Channels to perform certain transactions on Your Account. You agree that such communication is made possible by third-party service providers which may incur additional charges. These third-party charges are separate from the Repayments and must be paid directly to the third-party service provider regardless of whether disclosed by the third-party service provider in advance or otherwise. You accept that all charges from third-party service providers, including any applicable taxes, are Your sole responsibility.
18. GENERAL PROVISIONS
18.1. The Servicer's role does not create any separate contractual relationship between You and the Servicer in respect of the Loan. Your obligations under the Agreement remain owed exclusively to M-KOPA. M-KOPA may appoint a replacement or additional servicer at any time and any such change shall not affect Your obligations under the Agreement.
18.2. M-KOPA encourages You to report any abuse, suspicions and/or concerns about fraud by its employees or agents. To make a report, please email CustomerProtection@m-kopa.com. You can choose to be anonymous but, providing Your contact information may help M-KOPA with the investigation process. M-KOPA is committed to protecting those who report fraud and will not tolerate any retaliation or adverse actions against those who report in good faith. However, deliberately making false reports to harm an employee or M-KOPA is prohibited and may lead to legal action. Your identity as a reporter will be kept confidential as much as possible and will only be disclosed to those who need to know for investigation or legal reasons.
18.3. No waiver of these Terms by M-KOPA will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by M-KOPA to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect the M- KOPA’s and Your intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
18.4 M-KOPA reserves the right, at any time, to change, vary, amend or replace these Terms and any rules relating to Your purchase, its products and services and to modify its products and services at its discretion, with notice to You.
18.5 No provision of these Terms is intended to contravene the applicable consumer protection legislation, and therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the applicable consumer protection legislation is complied with.
18.6. These Terms will be governed and construed in accordance with the laws of Kenya and the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). Any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, construed and determined in accordance with the applicable laws of Kenya.
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