GHANA
Terms & Conditions
I, THE CUSTOMER, AGREE TO:
1) Acceptance of Terms and Conditions
I have read, understood and agreed to the terms and conditions of this
agreement. I understand and agree that the terms and conditions are subject
to (a) M-KOPA’s terms and conditions which can be viewed here:
www.m-kopa.com/terms/ and (b) M-KOPA’s Customer Privacy Policy
which can be viewed here: www.m-kopa.com/privacy/ (collectively, the
“Terms”). I further understand that the Terms may be updated from time to
time and such updates will be applicable to me. I may be eligible to purchase additional products/ services from M-KOPA based on my payment history and other relevant factors. I agree that these terms and conditions (as updated from time to time) shall continue to apply to any additional products and/or services that I purchase/service.
2) Agreement Term
This Agreement is valid for a term of three (3) years from the date this Agreement is approved.
3) Pay M-KOPA the Down Payment
I am required to pay the Down Payment to M-KOPA prior to the sale of the
Product by M-KOPA to me. The Down Payment shall be applied against the
Total Purchase Price and shall be refundable in accordance with the Terms.
4) Pay the M-KOPA Credit Fee
I agree to pay the Credit Fee (or in advance at my choosing). I agree
that the Credit Fee, which may be paid on daily, weekly or monthly basis, shall be applied towards my M-KOPA loan, until I
have paid the Total Purchase Price. I understand that my Credit Fee
may change if I purchase additional products and agree that such revised
Credit Fee will be subject to the Terms.
Should the option become available to pay the Credit Fee through Direct Debit, and I opt to make payment through Direct Debit, I consent and authorize
M-KOPA to effect the Direct Debit from my account. I further
understand that I will not be allowed to cancel the Direct Debit instructions
until my loan repayment is completed.
5) Permission for Administration Right
I agree that M-KOPA shall have administration rights over the Product which
will allow M-KOPA to restrict usage of and potentially disable the Product if
the Credit Fee is not paid, or my account is otherwise in arrears. I
understand that these administration rights may be reactivated even if I have
paid the Total Purchase Price for the Product in the event I purchase
additional products and services from M-KOPA. I agree not to attempt to alter
the administration rights granted to M-KOPA on the Product and any attempt
to do so could void the warranty of the Product and violate the intellectual
property rights of M-KOPA and the relevant Product manufacturer.
6) Early Repayment and Monthly Interest Fee (if applicable)
I shall be entitled to pay larger instalments than prescribed or the full balance
of the Total Purchase Price at any time prior to the prescribed dates of
payment. I understand and agree that for every month I pay for my Product
early I may be entitled to a rebate (the “Early Payment Discount”). I further
understand and agree that for every month I am late on paying for my Product
I may be subject to an interest charge on overdue payments (the “Overdue
Interest Amount”). I understand and agree that the Early Payment Discount
and Overdue Interest Amounts are found in the Terms. I understand and
agree that in this agreement references to Total Purchase Price means the
Total Purchase Price as adjusted by the Early Payment Discount or the
Overdue Interest Amount, as applicable.
7) Product Deactivation
I agree that my Product may be deactivated if I fail to fulfil my contract obligations including keeping current on the Credit Fee payments for the Product. The Product shall
remain disabled until I become current again in my Credit Fee payments. I agree that should I fail to keep current on the Credit Fee for any additional products and/or services, M-KOPA may deactivate all of the products that I have purchased, including any products for which I have already paid the Total Purchase Price.
8) Credit Reporting
I agree that my credit history and information may be reported to a credit reference bureau if I fail to keep current on the Credit Fee payments for any purchased Product and/or service.
9) Ownership Rights
I agree that I take ownership of the Product at purchase and payment of the
Down Payment but that M-KOPA retains ownership of any and all intellectual
property that is used to run the Product and the data generated therefrom, in
both cases even after the Total Purchase Price is paid. I acknowledge that
any tampering and/or modification of M-KOPA’s intellectual property or the
GSM communication module may result in criminal charges being brought
against me and such other civil actions by M-KOPA regardless of whether the
Total Purchase Price has been paid.
10) Right to cancel
I may return your Product, cancel this Credit Agreement and receive a Product
refund in accordance with the Terms.
11) Use the Product as Instructed
I agree to only use the Product solely in accordance with the instructions
provided in the relevant Product instruction manuals and Product end-user license agreements. I further agree to keep all M-KOPA information confidential, and not to tamper, open, reverse engineer, misappropriate or modify and/or use the Product in anyway, not authorized by M-KOPA or to aid any third party to do the same. I agree that if I contravene any of these instructions it will result in the forfeiture of the warranty of the Product.
12) End User License Agreement
I understand that my Product may be subject to an End User License Agreement
(EULA) of the relevant Product manufacturer and I agree to apply with the terms
and conditions of such EULA. Failure to abide with the EULA could void the
terms and conditions of my warranty.
13) Finance Cost and Goods Cost
I understand that M-KOPA is providing financing for the Product. I further
understand that a portion of the Credit Fee and the Total Purchase Price
consists of costs related to the Product and costs for providing financing for the Product. I understand that I may contact M-KOPA in order to get a breakdown of these separate costs.
14) Lost, Stolen or Damaged Products
I understand that even if the Product gets lost, stolen or damaged out-of-warranty that I will be responsible for paying the Credit Fee and the Total Purchase Price for my Product.
15) Governing Law
This agreement is governed by the laws of Ghana. The courts of Ghana shall have exclusive jurisdiction to settle any dispute or claim arising between the parties including non-contractual disputes or claims.
M-KOPA GHANA LIMITED ("M-KOPA"), SUBJECT TO APPROVAL, AGREES TO:
1) Inform of Approval
M-KOPA will seek to communicate approval or disapproval of this agreement
to the customer by SMS, email or phone call within 7 days of receiving this
application.
2) Activate the Product
M-KOPA will ensure the Product is activated once the Down Payment is
received and, thereafter, whenever the customer’s M-KOPA 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 device to receive credits.
3) Bill for the Product or Additional Products
M-KOPA will complete billing for the Product and end further Credit
Fee requirements once the Total Purchase Price is achieved.
M-KOPA reserves the right to reactivate and maintain the module and billing
for additional products that have been purchased by the customer.
4) Refund and Return
M-KOPA may refund the Down Payment and cancel this agreement if the
Product is returned in accordance with the Terms.
5) Repair or replace in Warranty period
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. 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 service center or M-KOPA shop for repairs or replacement. M-KOPA may offer repair services for out-of-warranty Products at its discretion and subject to applicable costs.
Privacy Policy
1) Privacy Policy
I agree that I have been provided with a copy or have been able to access M-KOPA’s Customer Privacy Policy which explains how M-KOPA collects, uses, stores, processes, transfers and shares my personal and Product information. I agree that M-KOPA may process my personal and Product information in furtherance of this agreement, pursuant to any consents that I give to M-KOPA and pursuant to applicable law (which could include other grounds to process personal information depending on the jurisdiction of processing). The Policy can be found at www.m-kopa.com/privacy
For phone customers, in addition to other aspects of our privacy policy, you understand that M-KOPA shall have access to information on your phone including the software application used to run the phone, the SIM ICCID number, the phone’s IMEI number, the phone software application’s crash reports, status and history (collectively “Phone Information”.) The Phone Information may be shared with mobile network operators and phone manufacturers and other third parties in order to troubleshoot, detect fraud, run analytics on usage patterns and behavior and improve the quality of services provided to phone customers.
2) Data Transfer
I consent (pursuant to these terms and conditions) to my personal data and Product information being collected by, used by, stored with, processed by, transferred to, or shared with, any entity in the M-KOPA group including but not limited to; in Kenya by M-KOPA Kenya, in Uganda by M-KOPA Uganda, in Tanzania by M-KOPA Tanzania, in Nigeria by M-KOPA Nigeria, in Ghana by M-KOPA Ghana and in the United Kingdom by M-KOPA UK.
3) Alternate Contact Disclosure
I confirm the accuracy of my contact information and agree that M-KOPA may contact me or my Alternative Contact Person regarding my M-KOPA account. I agree to inform M-KOPA of any changes to any of the contact information provided during the term of this Agreement. I consent to M-KOPA disclosing details about my account status including payment history, default status and arrears and reporting to a Credit Reference Bureau to such alternate contact.
4) Data Processors And Third Parties
I consent to my personal data and Product information being disclosed to, transferred to and processed by the following data processors and third parties:
- Business processing outsourcing firms including those handling customer care, customer communications and payment collections.
- Credit Reference Bureaus and other similar third parties offering credit scoring information.
- IT service providers including software developers, platform providers or cloud providers.
- firms performing know-your-customer (KYC), fraud, anti-money laundering, anti-financial crime or similar screening directly or on our behalf.
- firms performing credit scoring or similar services directly or on our behalf.
- Data processing, analytics firms or search engines to help us analyse our customer data.
- Academic or research institutions.
- Other business partners, suppliers and sub-contractors for the performance and execution of any contract we enter into with them or you.
- Advertisers and advertising networks to market products and services to you.
- Other affiliated entities within the M-KOPA group of companies.
- Any person or entity who invests in or finances (or may potentially invest in or finance), directly or indirectly, M-KOPA, and any of such person’s affiliates, officers, directors, employees, professional advisers, auditors, insurers or insurance brokers, service providers, partners and any delegate, agent, manager, administrator, nominee, attorney, trustee or custodian of any such person.
- When required by law, regulation, court order or other court proceedings.
- Mobile network operators and Product manufacturers.
5) Consent to Retrieve Information
I consent to M-KOPA or any of its affiliated entities to retrieve, analyse and process my credit history and credit scoring and other similar information from third parties such as Credit Reference Bureaus and Mobile Network Providers or similar firms in order for M-KOPA or any of its affiliated entities to assess my credit profile and score or perform similarly related functions.