Terms and Conditions

1. Terms and Conditions Version 1.0 | Effective date: [Not configured] 1.1 About PesaPact PesaPact is operated by [Not configured], a company incorporated in Kenya under registration number [Not configured], with its registered office at [Not configured] (“PesaPact”, “we”, “us” or “our”). PesaPact provides technology for identity verification, borrower requests, lender offers, contract generation, electronic acceptance, M-Pesa transaction tracking, repayment administration, record keeping and administrative dispute support. Contact: [Not configured] | Privacy: [Not configured] | Complaints: [Not configured] | Tel: [Not configured]. Regulatory status: [Not configured]. Payment services: [Not configured]. Loan controls: [Not configured]. Dispute approach: [Not configured]. 1.2 Nature of the platform Unless expressly stated in a separate written agreement and supported by any required regulatory approval, PesaPact is not a bank, deposit-taking institution, SACCO, microfinance bank, lender, borrower, guarantor, investment manager, auctioneer, advocate, credit reference bureau or insurer. A loan is a direct agreement between the named borrower and lender. PesaPact is not a party to the debt merely because it provides the platform, generates documents, records payments, sends reminders or facilitates communications. Nothing on the platform is a promise that a borrower will repay, that a lender will earn a return, that information is error-free, or that recovery will succeed. 1.3 Eligibility A user must be at least eighteen years old, have legal capacity to contract, provide accurate identity and contact information, and use an account in their own name. A company, partnership, SACCO, chama or other entity must act through an authorised representative. PesaPact may decline, suspend or terminate access where identity, authority, lawful source of funds, regulatory status or platform conduct cannot be satisfactorily verified. 1.4 Account and security Users must safeguard passwords, PINs, OTPs, devices and M-Pesa credentials. A user must immediately report suspected account takeover, SIM swap, impersonation or unauthorised activity. A user is responsible for activity performed through their account unless the user promptly reports unauthorised access and the activity arose from a platform security failure attributable to PesaPact. 1.5 Verification PesaPact may collect and verify identification documents, selfies, verification videos, contact information, business records, employment or income evidence and other proportionate information necessary for KYC, fraud prevention, contract administration and legal compliance. A “verified” badge means that specified checks were completed at a particular time. It does not guarantee honesty, solvency, repayment capacity, ownership of collateral or future conduct. 1.6 Loan requests and offers Borrowers may submit loan requests and lenders may submit offers. Information displayed before contract formation is an invitation to negotiate and is not binding until all required parties accept the final loan contract and any required conditions are satisfied. Interest, fees, repayment dates and other loan terms must be displayed clearly before acceptance. No charge may be imposed unless disclosed in the final contract or required by law. 1.7 Electronic agreements Users consent to receiving records electronically and to using electronic acceptance methods supported by PesaPact. PesaPact may record the document version, date and time, device or browser data, IP address, OTP confirmation, typed name, signature image and document hash. Users must review the complete document before accepting it and must download or retain the final executed copy. 1.8 Payments and wallet restrictions Funding and repayments may be initiated or recorded through M-Pesa or another approved provider. Payment services remain subject to the provider’s rules, availability, reversals, limits and fraud controls. A PesaPact wallet, ledger or displayed balance is not a bank deposit unless expressly stated under a legally approved structure. PesaPact must not use customer funds for its own expenses or lend pooled customer funds. A payment is treated as completed only after confirmed settlement and reconciliation. Failed, reversed, duplicated or misdirected transactions may be corrected after investigation. 1.9 Fees Platform, subscription, transaction, reminder, mediation and related fees must be shown before the relevant action. Current public pricing may include a borrower platform fee, lender subscription fee and transaction fees, but the binding amount is the amount shown to the user and accepted at the time. PesaPact may change prospective pricing by notice. A change does not alter an already executed loan contract unless all affected parties lawfully agree. 1.10 Default and recovery A missed payment may trigger reminders, a grace period, a restructuring request, a formal notice, mediation or lawful recovery by the lender. PesaPact does not grant any person a right to harass, threaten, shame, impersonate authorities, disclose a debt to unrelated persons or seize property without legal authority. Any security enforcement must follow the applicable contract and Kenyan law. PesaPact administrative mediation is not a court judgment and cannot compel payment. 1.11 Prohibited conduct Submitting false, stolen, altered or misleading documents. Using unlawfully obtained funds or attempting money laundering, fraud or identity theft. Creating duplicate or proxy accounts to defeat controls. Charging undisclosed fees or using coercive collection. Scraping, selling or misusing borrower or lender data. Interfering with security controls, audit logs or transaction records. Representing that PesaPact guarantees a loan or is the creditor where this is untrue. Using the platform where the user’s lending activity requires approval that the user does not hold. 1.12 Intellectual property The platform software, design, trademarks, original templates and content belong to PesaPact or its licensors. Users receive a limited, revocable, non-transferable right to use the platform for lawful personal or authorised business purposes. 1.13 Complaints and disputes Complaints may be submitted to [Not configured]. PesaPact will acknowledge complaints within [Not configured] business days and aim to conclude ordinary complaints within [Not configured] days. A complaint about a loan should first be raised with the other contracting party through the platform. PesaPact may facilitate settlement but does not prevent a user from contacting a regulator, law-enforcement agency or court. 1.14 Liability PesaPact is responsible for losses directly caused by its fraud, wilful misconduct, gross negligence, breach of applicable data-protection obligations or a liability that law does not permit it to exclude. To the fullest extent permitted by law, PesaPact is not liable for borrower default, lender misconduct, lawful credit decisions, third-party payment outages, inaccurate user-supplied information or indirect and consequential losses. Any monetary cap must be completed and reviewed for fairness: [Not configured]. No cap applies where exclusion is prohibited by law. 1.15 Suspension and termination PesaPact may restrict an account to protect users, investigate fraud, comply with law or enforce these Terms. Where reasonably possible, PesaPact will explain the reason and provide a review channel. Account closure does not cancel an existing loan or remove records that PesaPact must retain by law or for the establishment, exercise or defence of legal claims. 1.16 Governing law and changes These Terms are governed by the laws of Kenya. The courts of Kenya have jurisdiction, subject to any valid mediation or arbitration clause in a specific loan contract. Material changes will be notified and versioned. New terms apply prospectively from acceptance or the stated effective date and do not rewrite completed transactions.