TERMS & CONDITIONS OF ACCESSING MOBIADVA APP AND WEB LOANS

1.    THE AGREEMENT
1.1    This Agreement sets out the complete Terms and Conditions (hereinafter called "these
Terms and Conditions") which shall be applicable to the Subscriber of the services
provided. Along with any amendments thereto, and any operating rules or policies
that may be published from time to time by Aero Capital Traders Ltd (hereinafter
referred to as "the Lender), this Agreement applies to all current and future related
products provided by the Lender, and to all legal matters between the Lender and you
as the Subscriber
1.2    These Terms and Conditions and any amendments or variations thereto take effect on
their date of publication.
2.    DEFINITIONS
2.1    In these Terms and Conditions, the following words and expression (save where the
context requires otherwise) bear the following meanings:
2.1.1    "Conditions" mean these or any other terms and conditions made by the Lender
from time to time.
2.1.2    "Credit Reference Bureau" or ‘CRB’ means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations,
2008 to inter alia, collect and facilitate the sharing of customer credit information.
2.1.3    "Dues" means the sum paid to the Subscriber upon his contract of employment
being terminated and/or he leaves the employ of the employer.
2.1.4    "Due Date" means the Subscriber's payroll date (or agreed payroll date where the
context otherwise requires) OR the indicated date for instalment repayment for the loans as displayed on the Mobiadva loans mobile application on the website during loan application.
2.1.5    "Employer" means the Subscriber's employer which expression shall include both
legal and natural persons and shall where the context so admits, include its
successors and assigns
2.1.6    "Equipment" means the Subscriber's electronic equipment not limited to his
mobile phone handset and/or computer device; and SIM card and/or other
equipment which when used together enables you to access the Network
2.1.7     "Fees" means the percentage charged by the Lender when granting the loan
which will include a Penalty where there is a default in payment or delayed
payments
2.1.8    "Lender" means Aero Capital Traders Ltd, a Limited Liability company duly
registered in Kenya, of P.O. Box 53431-00200 Nairobi, Kenya; which is a non-deposit taking private company and which expression, shall where the context so admits, include its successors and assigns.
2.1.9    "M-Pesa" means the money transfer and payments services provided by Safaricom
through the M-Pesa system.
2.1.10    "M-Pesa Subscriber" means any person registered to use the M-Pesa System to
send or receive money or make payments.
2.1.11    "Mobiadva Loan "or “Mobiadva” means a Credit Application software wholly owned and operated by the lender. It refers to all names, marks, brands, logos, designs,
slogans, trade dress, and any other Intellectual Property Rights, the Lender uses
and owns in connection with its products and services which shall only be used in
accordance with this Agreement.
2.1.12    "Network" means the mobile cellular network operated by Safaricom in Kenya.
2.1.13    "Next due date" means the next instalment repayment date from which the loan granted is to be paid as per the Agreement
2.1.14    "Payroll date" means the Subscriber's payroll date as determined by his contract
of employment and/or Employer's policy (Where a check off agreement is in place with the subscribers employer)
2.1.15    "Safaricom" means Safaricom Limited incorporated in Kenya as a limited liability
Company.
2.1.16    "Salary" means the Subscriber's gross salary as provided by the Employer (Where a check off agreement is in place with the subscribers employer)
2.1.17    "Services" shall include any form of lending and/or credit services that the Lender
may offer pursuant to this Agreement and as you may from time to time subscribe
to and "service" shall be construed accordingly.
2.1.18    "Subscriber" means a Kenyan citizen, having attained the age of majority (as per
the Age of Majority Act [Cap 33 Laws of Kenya]) who is duly registered to use
the services offered by the Lender in accordance this Agreement.
2.1.19    "SMS" means a short message service consisting of a text message transmitted
from one mobile phone to another.
2.2    The Words importing the singular number only shall include the plural number also
and vice versa and words importing masculine gender includes the feminine gender
neuter and vice versa;
2.3    The Asterix (*) sign is used to refer to the multiplication sign.
2.4    Any statute or any provision of any statute shall be deemed to refer to any statutory
modifications or re-enactment thereof and to any statutory instrument, order or
regulation made thereafter or under such re-enactment;
2.5    Headings to sections are for convenience only and shall not affect the construction
and or interpretation of this Agreement;

2.6    In this agreement any reference to any document means that document as is
supplemented. Amended or varied from time to time by parties thereto in accordance
with the terms (if applicable) hereof and thereof

2.7  ‘T&C’s’ – refers to this agreement and subsequent future ammendments to this agreement as they may change from time to time and  which the subscriber is bound to at all times. The same can be accessed at any time on our website www.mobiadva.com.

2.8 KES or KSHS means Kenya Shillings – The Legal tender for the Republic of Kenya

2.9 ‘App’ means the Mobiadva loans system as downloaded only from the Google Playstore and any future enhancements downloaded by the user and consented by the user.

3.    CONDITIONS CONSTITUTING AGREEMENT
3.1    These conditions as varied from time to time constitute the Agreement between the
Subscriber and the Lender with regard to the loan application.
3.2    The Subscriber shall be deemed to have read, understood and agreed to be bound by
these conditions upon the clicking of the "Terms and Conditions check box".
3.3    The Subscriber confirms in particular that he has considered the fees chargeable by the
Lender as specified in this Agreement are found to be fair, reasonable and necessary
to enable the Lender to continue affording the loan facility to the Subscriber. The
Subscriber shall not dispute any claim by the Lender against him on grounds that
charges and or rates charged by the Lender are unfair or unreasonable under any
circumstances.
3.4    The Subscriber agrees that the data provided by him may be stored and accessed by the lender at the subscribers risk. The lender cannot be held liable to hacks or violation of there systems that may expose the subscribers data.

3.5    The Subscriber confirms that he has authorized the Lender to collect and store all
information gathered by Mobiadva and/or the online services, for the purposes of
business with the Lender and the Subscriber in particular consents to the collection of
information gathered by the Lender.

3.6 The Subscriber may request for his data to be deleted from our system by providing a 48hours notice (During working days only and working hours) , this request requires to be in writing and delivered to the registered office of the lender.
4.    HOW TO ACCESS THE FACILITY
4.1 The Subscriber will access the facility by downloading the "Mobiadva" application and following the instructions, provided and/ or accessing the facility from the Lender's website by creating a user account by successful registering after accepting our terms and conditions.
4.2    For the avoidance of any doubt, the downloading of the Mobiadva application and/or
use of the online services provided by the Lender, is subject to the user's costs and/or
mobile data costs.
4.3    The Lender SHALL NOT be liable for any damage caused including but not limited
to the malfunctioning of the Subscriber's equipment, owing to the download,
installation and use and/or continued use of Mobiadva and/or the Lender's online
services. This Agreement shall not be construed as giving the Subscriber a guarantee
and/or warranty for the use of its mobile application.
4.4    Nothing in this Agreement shall be taken to mean the Lender assures any Subscriber
that Mobiadva will function and/or function properly with their mobile handset and/or
other equipment.
4.5    The credit facility will only be available to Kenyan citizens who have attained the age
of majority (In accordance with the Age of Majority Act [Cap 33 Laws of Kenya]),
having a Safaricom SIM Card registered in there name and duly registered to access and use the M-Pesa services as an M-Pesa Subscriber.
4.6    The Credit advanced shall be dispatched only through the use of M-Pesa services within 24 hours of approval of subscribers loan request. The Lender is not responsible and cannot be held liable for any delays during the money transfer process as its outside our control. The subscriber indemnifies the lender from any loss occasioned by any delays arising from our end or arising from M-pesa services.
4.7    The Lender reserves the right to approve or decline an application for the credit and registration facilities at its sole discretion, without providing any reason whatsoever. Nothing in this Agreement shall prevent the Lender from declining to advance the facilities for any reason whatsoever, including limitations imposed upon the Lender by any law, regulation, or regulatory body.
5.    CREDIT LIMIT APPROVAL
5.1 The Lender can approve the credit limit as per the Lender's guidelines up to a maximum
allowable credit limit of K.Shs. 100,000 (one hundred thousand only). The lender may increase or lower or altogether remove or withdraw any credit limit offered to the subscriber at any time without any notice.

Limit adjustments (Credit Limit) may be done at the lenders discretion and as may be advised to the subscriber from time to time through SMS. Such adjustments are only valid ONLY for a loan taken within 10minutes of the receiving the offer and the lender may withdraw the offer without notice at their discretion at any time.

 

 

 

 

6.    CHARGES
6.1    At present the following charges apply and may from time to time be subject to
change without notice. (The charges below assume a facility fee of 33%)

MOBIADVA LOAN CHARGE DESCRIPTION

FEE

EXAMPLE

.1.1

Facility Fee

33% of the principal loan amount applied for if repaid in one (1) month on the due date

This amount will be added to the principal loan amount to calculate the total amount owed to the Lender

Principal amount: K.Shs. 1,000

Facility Fee: 33%

Amount owed before added to the principal loan amount = K.Shs.330

Total Amount: K.Shs.1,330

66% of the principal loan amount applied for if the same is to be repaid in two (2) months on the due date and next agreed due date to complete the loan repayment

This amount will be added to the principal loan amount to calculate the total amount owed to the Lender

Principal amount: K.Shs. 1,000

Facility Fee: 66%

Amount owed before added to the principal loan amount = K.Shs. 1,660

Total Amount: K.Shs.  1,660 (to be paid in two (2) equal installments of K.Shs. 830)

99% of the principal loan amount applied for, if the same is to be repaid in three (3) months on the due date, and subsequent agreed due dates to complete the loan repayment

This amount will be added to the principal loan amount to calculate the total amount owed to the Lender

Principal amount: K.Shs.  1,000

Facility Fee: 99%

Amount owed before added to the principal loan amount = K.Shs. 990

Total Amount: K.Shs.  1,990 (to be paid in three (3) equal instalments of K.Shs. 663)

   

 

 

6.1.2

Penalty Fee

33% of the total amount owed to the Lender on the due date that remains outstanding.

In the case of repayment in two, three or other months, the penalty fee will only be charged on the defaulted amount(s).

E.g of you take a loan of 1,000Kshs repayable within3 months and you default on the first instalment. The penalty levied will be (33% * 663)=Kshs219 this will be added onto the principal amount owed and shall become due immediately.

 

Fees and rates are subject to vary from time to time and from loan to loan applied for and will be advised to the user whilst making the loan application on their application/website and/or via SMS. Please note the fees and calculations used here are for illustration purposes. Our facility fees range from 7% per month to 34% per month.

The principle loan plus facility fees are repayable before or on the day advised to the user on the application or via sms. The rate charged is a flat rate per month and is non-discountable , fixed whether the repayment is made before the due date or not. There is no discounting or prorating early repayments.

Penalty charges are calculated on the FULL instalment due on the day it was due whether repaid partially.

All Loans repayments including all facility fees and penalties shall only be repaid through the lenders MPESA paybill number – 922153 (Or as otherwise advised by the lender on application or during the loan tenure), account number – ‘The subscribers Kenya ID number’. The subscriber shall make all repayments as advised without any deductions and shall foot the costs of making such repayments solely. The lender is not responsible for any errors made during payment transmission occasioned by the borrowers incorrectly entering the paybill number or account number (Subscribers Kenya Id number)

At the lenders discretion and without any further notice ,should the subscriber default on any instalment or repayments, The entire balance (including penalties applied) will become due immediately on default.

6.2 The loan is repayable on demand at any time as requested by the Lender and at its
absolute discretion may reduce or cancel the credit limit upon giving such notice as it
deems appropriate in the circumstances.
6.3    On demand, the Subscriber will pay to the Lender all monies, which may now or
hereafter be owing or unpaid under these conditions, including but not limited to:
6.3.1    All fees and penalties payable, all of which are subject to amendment from time to time at the
Lender's discretion;
6.3.2    All legal and other costs, charges and expenses which the Lender may pay or incur
in connection with these conditions or the recovery of any monies owing
hereunder;
6.3.3    A fee to compensate the Lender for a reasonable estimate of any loss incurred by
the Lender as a result of default in payments; and
6.3.4    All outstanding fees on all such monies calculated until the time of repayment.
7.    INDEMNITY AND RECOVERY OF COSTS
7.1    The Subscriber undertakes to indemnify and keep the Lender and its subsidiaries,
affiliates, shareholders, officers, directors, agents, licensors, suppliers, employees and
representatives, indemnified at all times against all actions, claims, demands, liabilities,
losses, damages, costs, charges and expenses of whatever nature inclusive of any legal
costs and disbursements incurred by the Lender in obtaining payment of any monies
due and owing to the Lender from the Subscriber. The indemnity shall remain valid,
subsisting and binding upon the Subscriber notwithstanding the withdrawal and/or
termination of the contract.
7.2    Any legal costs and disbursements incurred by the Lender as against the Subscriber
shall be deemed to include every sum which would be allowed to the advocates of the
Lender in taxation between the advocate and clients to the intent that the Subscriber
shall afford to the Lender a complete entitlement and unqualified indemnity in respect
thereof.
8.    AUTHORISATION
8.1 If the subscriber employer has check-off facilities for loan repayments with the lender, the Subscriber hereby authorizes the Lender to instruct the Employer to make all
deductions for amounts owing to the Lender at the due date for the duration of the
repayment period. This authorization shall remain in as far as the Subscriber has an
outstanding amount owing to the Lender.
The Subscriber also authorizes the Lender to instruct the Employer to make all
deductions for amounts owing to the Lender from the Subscriber's dues, where the
Subscriber's contract of employment is terminated and/or he permanently leaves from
the employ of the Employer.

The subscriber authorises the Lender to deposit any approved loans to there Safaricom Mobile Money account(M-PESA) at the subscriber’s risk and at their costs entirely. Withdrawal of the loan deposited in the subscribers account may attract a levy or charge from the mobile phone operator and which is entirely at the subscribers own costs. For the avoidance of doubt the subscribers account shall be the subscribers mobile number as supplied during registration.
9.    VARIATION
9.1    The Lender reserves the right to vary, amend or replace all or any of these conditions
at any time without prior notice. The lender shall notify the Subscriber of any changes
made to these conditions as soon as is practicable but failure to make such notification
shall not invalidate the changes. The terms and conditions shall apply to any current loans borrowed and new loan applications. The subscriber is require to regularly review the terms and conditions as displayed on the website - https://www.mobiadva.com/pages/view/terms
10.    BREACH OF CONDITIONS
10.1    In the event of any breach by the Subscriber of any of these conditions, the
Lender may in circumstances where the Subscriber fails to comply or procure
compliance with the terms of a notice served by the Lender on the Subscriber, require
immediate repayment in full of the outstanding balance.
11.    CREDIT SUSPENSION
11.1    The Lender may at any time and without notice cancel or suspend the right to
utilize the credit facility entirely or refuse to renew without affecting the Subscriber's
obligations under these conditions
12.    TERMINATION
12.1    Either party may terminate their obligations under these conditions at any time
with a prior written notice of two (2) days to the other party. On termination by the
Subscriber, the termination notice should be accompanied by the repayment of the full
credit advance and any outstanding balance (including penalties) as well as fulfilment of any obligations owed to the Lender by the Subscriber in accordance with this Agreement.
12.2    Termination shall only be effective upon the discharge of all outstanding
liabilities under these conditions.
12.3    The Lender may cancel any credit advance on written notice from the
Subscriber accompanied by the payment of all sum outstanding balance.


13.    DISCLOSURE OF INFORMATION
13.1    The Subscriber agrees that the Lender may disclose details relating to the loan
to any third party (including credit agencies and/ or the Subscriber's employer/ other
appointed agents of the Lender) if in the Lender's opinion such disclosure is necessary
for the purpose of evaluating any application or registration request made to the Lender or such third party, or other purposes as the Lender shall deem appropriate.
13.2    The Subscriber agrees that the Lender may disclose details relating to the loan
including details of default in repayment to any third party (including credit agencies)
for the purpose of evaluating the Subscriber's credit worthiness or for any other lawful
purpose.
13.3    The Subscriber authorizes the Lender to access any information available to
assess his registration request and loan application request through a registered CRB, government agencies/bodies that deal with registration of persons, Government security agencies and private investigators (appointed by the lender) and also gives the Lender permission to register details of the conduct of the Subscriber's account with any Credit Reference Bureaus .The Subscriber waives any claim he may have against the Lender in respect of such disclosure. Further the subscriber authorises the lender to access such information with a registered credit reference bureau from time to time as long as the subscriber details are held within our system for constant credit limit review.
13.4    By accepting these terms and conditions, the Subscriber authorizes the Lender
to access the Subscriber's credit history and identity details from a registered credit reference bureau.
14.    INTELLECTUAL PROPERTY RIGHTS
14.1    All intellectual property inherent in the software and other solutions provided
by the Lender under this Agreement (including improvements and upgrades thereto)
shall remain the sole and exclusive property of the Lender. The Subscriber hereby
agrees not to interfere with or manipulate in any way the Lender's software or
systems.
15.    PROMOTIONAL, ADMINISTRATIVE AND SERVICE NOTICES
15.1    Any notice to be given for the purpose of this Agreement, including
promotional and/or marketing notices, shall be delivered by SMS and/or electronic mail, to
the last known contacts of the Subscriber as provided by him or as otherwise prescribed.

15.2    The subscriber consents to the sending of these notices and in particular,
promotional notices, marketing messages,including offers for products and services by the Lender during any time of day.


15.3    Any notice sent by the Lender shall be deemed to have been received Ten
(10) minutes after dispatch. Proof of sending of such notices/information(Whether read or not) by the lender through sms/email records shall be sufficient proof that the subscriber has received the notice or information. The subscriber shall not therefore block  any of the contacts supplied to the lender for purpose of relaying such notices/information before they have settled all obligations / loans due. The lenders proof of sending of such messages via short message service or via email shall be final proof of the messages having been relayed and received by the subscriber/borrower.

The subscriber hereby consents and grants the creditor and their agents full permission to contact there next of kin as listed during registration to make any enquiry about the application, conduct of the loan account with the lender and to share information regarding the subscribers loan performance including late repayments where the lenders or there agents has tried unsuccessfully to reach the subscriber through SMS or via email or via phone call. The subscriber in this case FULLY authorizes the lender and there agents to share such performance with there next of kin.

 

16.    ASSIGNEMENT
16.1    The Subscriber acknowledges and agree that the rights and duties created by
this Agreement are personal to the Subscriber and that it was granted in reliance upon
their individual or collective character and business ability, therefore the Subscriber
has no right to assign his obligations wholly or Partially without the prior written
consent of  his Employer and the Lender
17.    SEVERABILITY
17.1    Both Parties acknowledge and agree that the provisions of this Agreement are
severable and if any provision in this Agreement is held invalid or unenforceable
under any competent jurisdiction, such invalidity or enforceability will be restricted
only to that provision and will not in any manner affect the validity or enforceability
of the other provisions in this Agreement. Both parties will endeavour to replace the
invalid clause by a valid one that reproduces as closely as possible the intended
economic meaning of the invalid clause.
18.    ENTIRE AGREEMENT
18.1    Both Parties acknowledge and agree that there is no representation, warranty,
collateral agreement or condition affecting this Agreement except as expressed in it.
19.    GOVERNING LAW
19.1    The construction, validity and performance of this Agreement shall be
governed in all respects by the laws of Kenya. The Subscriber irrevocable agrees for
the exclusive benefit of the Lender that the courts of the Republic of Kenya shall have
jurisdiction to hear and determine any suit action or proceeding, and to settle any
disputes, which may arise out of or in connection with this Agreement and for such
purposes hereby irrevocably submits to the jurisdiction of such courts.
20.    ACCEPTANCE OF THE TERMS AND CONDITIONS
20.1    By checking off on the check box provided on the Mobiadva application
and/or the website, the Subscriber accepts and agrees to be bound by all the terms and
conditions as shown here above and subsequent future changes.
20.2    If the Subscriber does not click the check box, he will not have access to any
of the products and/or services provided including registration.