1. Concerning these Use Rules
These conditions of use function as both an end-user licensing agreement and an agreement for electronic financial services, so please read them carefully. You attest to your understanding, acceptance, and agreement to these terms and conditions by registering or using any portion of the 4Coins service (henceforth referred to as the "Service"). You accept these terms and pledge to abide by them by using any portion of the service. You are not allowed to use or access any portion of the Service if you disagree with these Terms of Use. A binding legal relationship is established between the 4Coins service and you, the individual user ("You" or "Your"), by these Terms of Use.
The effective date of these Terms of Use is the same as the date of any changes or modifications.
2. Your obligations and guarantees
Your confirmation confirms that:
- You have complete legal authority to agree and abide by these Terms of Use.
- In the event that these Terms of Use or any applicable laws are broken, you will notify us right away.
- You will only make authorized uses of the System and Service.
- The credentials, documents, and private data you provide are true, comprehensive, and not misleading.
- You'll make use of accounts and approved internet access locations.
- You swear to abstain from all unlawful action.
- You promise not to tamper with the operation of the system.
3. Permission to use these Terms of Service
- Before downloading, installing, or streaming the app, carefully read and comprehend these Terms of Use.
- After the application downloads, you can verify that you agree to the terms of use by clicking "Accept" on our system.
- By completing the application and registering, you agree to these terms of service.
- By using our services going forward, you acknowledge and agree to these terms, which we reserve the right to change.
- Accepting new terms through the website could be required in order to make changes.
- By using the application, you consent to us gathering technical data to improve our services.
- In order to verify information, we might get in touch with you or your emergency contact.
4. Your Profile
- In order to utilize the System, you need to create and keep an account.
- All activities pertaining to the account are your responsibility. Specifically:
- Preserve just one account.
- Preserve and protect account data privacy.
- Make sure no one else can access your account.
- Report any unauthorized use of your account right away.
5. Techniques for Using the Program
All Rights Reserved.
- You are granted a royalty-free, revocable, limited, non-exclusive, non-transferable license to access and use the System within the Territory for the sole purpose of using it to obtain the services that we offer, as long as you comply with these Terms of Use.
- All rights not specifically granted to you by these Terms of Use belong to us and our licensors, if any. These Terms of Use do not grant you complete or partial ownership of the System.
Behavior that is prohibited:
- You are not permitted to do the following while using the System:
- Lease, sublicense, transfer, assign, distribute, sell, resell, or utilize the System in any other way that is commercially exploited by any third party.
- Use the underlying program in any way, alter it in any way, or take ideas for it from reverse engineering.
- Use the System to build a product that is identical to the System, to generate a product that is competitive, to copy the features or concepts of the System, or to start an automated application that puts the System through needless stress.
- Attempt to gain unapproved access to the network or system.
- Extract or duplicate content or the system's structure without authorization.
- Content that is protected by copyright or that bears trademarks may not be posted, shared, or copied without authorization.
- Make fraudulent or unlawful use of the system.
- Send spam or other undesired messages.
- Move or save malicious code.
- Boost system performance or integrity.
- Assume someone else's identity or make false claims about affiliations.
- Put together a report on location.
- Give phony personal information.
- Ruin our collective companies or our own standing.
- Examine communications or gather data from our systems or services.
6. Techniques for Using the Service
- We only offer our services to people who are eighteen years of age or older. We retain the right to get in touch with the appropriate mobile money provider in order to confirm the validity and current condition of your mobile money account.
- You will be notified by the Application after your account has been approved. Aside from the terms and conditions that are currently in effect for your Mobile Money Account, you understand and agree that our approval of your account application does not create a legal relationship between you and the Mobile Money Providers.
- Without providing a reason or giving you advance notice, we have the right to refuse or cancel your loan application at any time.
7. The Requests You Make
- You agree to assume full responsibility for the execution of any requests that we receive from you or that you assert you have received via the System by providing us with your unchangeable permission.
- Even if you have already gotten a loan from us, we retain the right to deny any application you submit for one.
- In the event that we determine, at our sole discretion, that we can resolve the missing or unclear information without your participation, we reserve the right to accept and process any request.
- If the Request was submitted, delivered, or conveyed illegally or in error, we will take the position that you have complied with all of your duties. If we operate in good faith and presume that the instructions are from you, we shall be obligated to comply with any request.
- At our discretion, we reserve the right to refuse to carry out any portion of your request while we conduct additional research or obtain further confirmation from you, whether orally or in writing.
- By implementing any portion of your requests or by abstaining from exercising the authority granted to us, you undertake to hold us harmless and indemnify us against any and all claims, damages, costs, and expenditures.
- You acknowledge that, to the extent allowed by applicable law, we shall not be liable for any unauthorized uses, transfers, disclosures, or activities on your account resulting from the use, knowledge, or manipulation of your ID, PIN, or other account information, even if those actions were the consequence of your negligence.
- We are able to carry out any requirements from agencies, competent authorities, or courts pertaining to your account under the Data Protection Act and the Kenya Information and Communications Act, among other laws.
- In the event that these terms and these terms conflict, these Terms of Use will apply and supersede any requests we receive from you.
8. You Owe It To Us
- In order to access the System and the Service, you are required to provide and maintain your Mobile Device in a safe and effective manner at your own expense.
- It is your responsibility to make sure your mobile device is operating properly. We disclaim any liability for computer viruses and other problems that may arise from using the system, the service, or the mobile device; we also disclaim all duty for errors or malfunctions that your mobile device may create. You are in charge of covering any costs that network service providers may impose, rather than being held accountable for any delays or losses they may create.
- You use a mobile device to access the application. It is your responsibility to confirm that the right app has been downloaded to your mobile device. If the app is out-of-date or incompatible with your device, we take no responsibility for it.
- You must tell us right once and according to our approved procedures if your mobile device is stolen, lost, damaged, or no longer in your possession. This will protect our legal rights and remedies while disclosing your account information and credentials to third parties. You consent to hold us harmless in the event that we reveal your login credentials and account information to unaffiliated third parties.
- You are solely in charge of upgrading your internet and mobile plan, in addition to paying any fees that your mobile service provider may impose, such as text, phone, and internet data rates. You bear complete responsibility for any costs related to the system and the fact that a substantial amount of data can be used with it.
- You agree to abide by all guidelines, directives, and policies set forth in these Terms of Use and any additional documents we may offer when using the System and the Service.
- In order to detect illegal use of the System and the Service, reasonable precautions must be implemented. To avoid any unauthorized access to the System, you must check and confirm all of the communications we have provided you as soon as you receive them. You have to let us know right away if:
- You think that someone not authorized has obtained or exploited your login credentials; and/or
- You think that fraudulent transactions may have included unlawful use of the service that has happened, is happening, or is anticipated to happen.
- Any additional rules pertaining to the Service or the security procedures that we may from time to time announce must always be followed. You understand that the confidentiality of your account may be compromised if you don't adhere to the advised security procedures. Specifically, you need to make sure that no one is using the service, submitting requests, or finishing any required chores.
9. Financial Information
Charges for Transactions and Interest
- The Application will display the interest you owe us on any loans. We reserve the right, in the interim, to establish and modify transaction fees associated with your use of the Service; we may also apply and modify them as needed. Information about any changes we make to the current transaction fees or the addition of new ones will be included in the Application. If there are any changes to the transaction costs, we promise to notify you as soon as we become aware of them. This includes publishing content on the application.
- Unless otherwise mandated by law, any payments made under these Terms of Use must be made in full, without any deductions or withholdings. In the event that you are required to withhold or deduct any money from us, you will be responsible for making sure we get paid the entire amount that we would have been paid in a different circumstance.
- We may impose penalty interest on the loan amount if you are unable to pay us by the due date.
Taxes
- Amounts owed under the Loan and these Terms of Use are computed exclusive of any taxes you may be obliged to pay. You must pay us an additional amount equivalent to the payment multiplied by the applicable tax rate if taxes are due on a payment. Even if our connection ends, you must always make this payment at the same time as yours, whenever we request it.
- You understand and agree that we may take money out of your account to comply with internal policies, orders from tax authorities, or other restrictions imposed by taxing authorities, as well as agreements with these agencies.
Money
- The Application contains information on the procedures and due dates for paying the principle, interest, transaction fees, and taxes associated with the loan and these terms of use.
- The native currency of the Territory must be used for all payments.
10. By Default
10.1 A default happens when you
- unless the reason for the failure is limited to a technical problem or an administrative error; or you are declared bankrupt; or you miss more than fifteen days' worth of payments or installments (which include all accumulated interest, transaction fees, and taxes) under a loan provided under these Terms of Use.
- In the event of a persistent default, we may, in addition to any other rights or remedies we may have under the applicable law,
- Comply with this clause 11 of the Terms of Use;
- announce all amounts due under these Terms of Use, including interest, transaction fees, taxes, and the Loan, to be paid promptly;
- Penalty interest will be assessed based on the amount you were supposed to pay but didn't, as indicated on the application.
11. Duration and conclusion
- Until they are fulfilled in compliance with their provisions, these terms of use will stay in force.
- In addition to these Terms of Use, we reserve the right to completely or partially suspend or terminate your use of the System, the Service, and your Account:
- whenever, for any cause, and after being informed;
- Without affecting our other rights and remedies, you must cease immediately, with or without notice, any violation of these terms of use;
- in the event that your mobile network operator or mobile money provider terminates your account or agreement for any reason;
- in the event that, due to technical or security concerns, your Account must become dormant or inactive in order to permit ongoing updates or enhancements to the operation or content of the Service;
- if the order, recommendation, or order of a court, regulatory body, governmental body, or other competent authority so dictates; or
- for any further reason that we decide to halt or terminate the Service's provision, at our sole discretion.
- In the event that these Terms of Use are terminated or expire for any reason, you shall:
- Pay us any unpaid taxes, transaction fees, principal, or interest as soon as possible within three days of the agreement's termination (payment will be made promptly); and
- Immediately and totally remove the application from your mobile device.
- Neither party's accrued rights nor obligations shall be affected by the termination.
- The provisions of any specific clauses, together with any other clauses that directly specify or implicitly imply their continuation, will remain in effect even after these Terms of Use are ended, unless specifically specified differently or if their nature suggests that they should continue.
12. Liability and indemnity exclusion
Restitution
- You warrant and indemnify us, our licensors, the affiliates, and each of their directors, employees, and agents against all claims, costs, damages, liabilities, and expenditures (including attorney fees and costs) resulting from or connected to:
- Your violation of any applicable law or clause in these terms of service; and
- Your usage of the Service and/or the System, for instance:
- Third-party claims resulting from your use of the Service or the System;
- Any losses or damages resulting from the use, abuse, exploitation, or purchase of any software developed by a third party, including operating systems, browser software, or other software programs;
- Loss, theft, or damage to your mobile device; unapproved access to your account; security breaches; or unapproved deletion, alteration, or damage to your data; and
- Any losses or damages resulting from your failure to abide by these terms of use; your giving incorrect information; the malfunction or unavailability of third-party facilities or systems; or a third party's inability to complete a transaction.
Liability Exclusion
- We shall not be liable for any losses you suffer in the event that your mobile device malfunctions or the Service is unavailable for any reason, including but not limited to terrorist acts, equipment failures, power outages, unfavorable weather conditions, or any public or private telecommunications system failure.
- Since you are aware that the program was not created with your specific needs in mind, it is your duty to ensure that its features and functionalities, as stated, satisfy your expectations.
- The program is solely intended for personal use. You agree that we won't be responsible for lost revenue, interrupted business, profit loss, or lost opportunities. Furthermore, you consent to refrain from using the Application for any business, commercial, or resale reasons.
- We disclaim all liability for any damages or losses you incur due to or associated with:
- Any issue or defect in the program or any service that arises from your customization or alteration;
- Any malfunction or fault in the application that you bring about by using it against these conditions of use;
- You violated section 6;
- There is not enough money in your mobile money account;
- The inability of you to give clear, comprehensive instructions for payments or transfers pertaining to your account; legal actions or other limitations on payments or transfers from your account; the system, your mobile device, the network, or a Mobile Money System not operating correctly, ceasing, or being unavailable;
- Using the Service, the System, or your mobile device in an unauthorized or fraudulent manner; or
- You willfully ignoring these Terms of Use and any other information or documentation we offer you regarding your use of the System and the Service.
- Even though we have been made aware of the risk of such loss or damage, we will not be responsible to you for any anticipated loss of profits or savings, or for any other type of indirect or consequential loss or damage resulting from or connected to the Service.
- Regardless of whether it is related to a contract, tort, statutory duty breach, or anything else related to the Application, the System, the Service, or these Terms of Use, our maximum liability will never exceed the Transaction Fees you paid to us in connection with the first event that gave rise to a claim under these Terms of Use.
- Unless otherwise specified in these Terms of Use, you will forfeit any rights and remedies you may have with regard to any claims you may have against us regarding the App, the System, the Service, or these Terms of Use if you do not notify us of them within six (6) months of the events giving rise to them—to the extent permitted by applicable law.
13. Acquire an agreement for direct marketing communications
By using our services, you consent to receive communications from us that are directly promotional. If you would prefer not to receive these kinds of communications, you can let them know where that preference is stated in that specific communication.
14. Settlement of Disputes
- The applicable law for these Terms of Use shall be your Territory's law, unless your Territory's law requires otherwise. Otherwise, these Terms of Use and any disputes arising out of or related to them, including any allegation of breach or challenge to their enforcement or validity, shall be governed by the laws of the Republic of Kenya.
- Arbitration will occur in compliance with the Republic of Kenya's legislative framework.
- The arbitrator's ruling is final and enforceable against the parties to the extent permitted by law.
- Until the final decision or award of any arbitrator is made, this Section 14 shall not limit the capacity of any party to initiate a lawsuit of any sort and for conservatory or interim relief from any court of competent jurisdiction.
15. In summary
- Events beyond our reasonable control will not subject us to liability for delays or performance failures.
- You guarantee that you will never, under any circumstances, give third parties access to any private information about our business, our suppliers, or our clients.
- You acknowledge and agree that we may periodically assign, transfer, or partially transfer the loan lender's rights at our sole discretion and without your prior notice. Your obligations under these Terms of Use will continue apply to you even after the transfer; you must still make the payments we stipulate.
- Without our without written consent, you are not allowed to assign, sublicense, transfer, sublet, or otherwise dispose of any rights or obligations under these Terms of Use. All of our rights and obligations under these Terms of Use may be assigned, sublicensed, transferred, or subcontracted at any time without prior notice, unless otherwise permitted by applicable law.
- These Terms of Use shall remain in full force and effect in the event that a court or other competent authority rules that any portion of them is illegal, invalid, or unenforceable. In its place shall be inserted a lawful and enforceable clause that, to the maximum extent possible, achieves the same goal as the invalid portion.
- No part of these Terms of Use may be imposed by anybody who is not a party to them.
- We may send a general notice on the system or application, or we may contact the address you have supplied in your account, to notify you of any changes. You must send us an email at the relevant address in order to notify us.
- Send an Email to support@4-coins.comfor any comments or grievances regarding the System and Service.
Process for Maintaining Discipline in Loan Collection Communications with Clients
Regardless of the situation, all staff members are required to communicate with clients in an ethical and professional manner. When resolving disputes or recovering loans, loan collectors, recovery agents, and customer service staff must not in any manner treat customers or their contacts with contempt, abuse, threats, or defamation. Employees that act in this way do so voluntarily, and they will receive the proper discipline.
Customer Code of Conduct
Customers who look for a loan on the 4Coins platform will receive a service guide that contains the terms and conditions of the subscriber agreement as well as a verifiable receipt number. These terms and conditions follow both international best practices and our license obligations. Clients should securely keep all pertinent documents since they might be required in the future to resolve difficulties. As a properly licensed financial technology company, we are committed to helping Kenyans realize their dreams in an ethical manner (FinTech).
Giving Customers with Information
We ensure that all agents and clients receive precise, comprehensive, and up-to-date information in an understandable language by adhering to best practices. We make an effort to swiftly and openly give every customer who requests it with information about our services. This includes:
- The current service terms, which are available at no cost on our website.
- Services that are subject to tariffs or set charges; details about these can be obtained on our website and on charge pages that are prominently displayed at specific locations.
- The terms of service that are posted on our website and accessible at all client access points.
- Notifying impacted clients of any adjustments to service fees and offering them the option to accept the revised terms or cancel existing agreements in compliance with applicable terms and conditions.
Telemarketing Calls Made On-Demand
Without unsolicited telemarketing, we would be unable to:
- Identifying ourselves and the rationale behind the letter.
- Offering comprehensive details about any product or service that was brought up throughout the conversation.
- Notifying clients that, barring delivery and usage of the good or service, they have the complete right to discontinue the service by contacting a specified customer support number within seven days.
In line with the customer's "call" or "non-call" preferences, which are noted either during or after a service contract is signed, we also carry out telemarketing. We also heed the directives or recommendations of the appropriate authorities. Additionally, we guarantee that:
- No unsolicited service calls or SMS messages are made without the customer's permission.
- Customers can choose not to accept unsolicited service messages by text or phone.
- Recipients can choose to just receive a specific type of message or not to receive any at all depending on how unsolicited service communications are arranged when they are sent by SMS or voice calls.
Procedures for Consumer Credit, Collection, and Billing
We promise without fail that:
- Prompt and accurate billing;
- Charges can be precisely verified;
In this section, references to "billing" relate to the Licensee's registration and processing systems for the sake of interpretation.
Putting an End to Conflicts
- If required, we shall provide information on our complaint resolution processes in a number of media, including print and online copies.
- This data will be provided in an understandable and uncomplicated manner, encompassing all pertinent information about our complaint management protocols.
- Our grievance procedure policy will be transparent and easily accessible in order to promote efficient access to Alternative Dispute Resolution (ADR).
- Clients will receive detailed instructions on how to lodge a complaint, either in person at our location or through designated channels of communication.
- The following details about our complaint processing protocols will be given:
- about the possibility of customers to submit complaints;
- the process for getting in touch with us to make a complaint;
- about the records and any relevant corroborating data needed to resolve complaints;
- Standard operating procedures will be followed in the documentation and handling of any complaints.
The Complaint Procedure
Customers won't unintentionally refrain from bringing up complaints thanks to our protocols for accepting and managing them. The complaints process will cover the following:
- support@4-coins.com
The obligations of the client
Customers agree to be bound by our terms of service when they sign a service agreement or expressly accept our terms of service in any way. They are deemed to have accepted our terms of service if they receive a brief explanation of them from us prior to using the service. Customers consent to abstaining from suing us for any actions the business takes to chase past-due loans.