Terms and Conditions

1. Introduction

1. These terms and conditions govern your access to and use of the Services provided, owned and operated by Giando Africa Limited, a limited liability company incorporated in the Republic of Kenya and having its registered office at Nairobi in the said Republic and of Post Office Box Number 0706934558-00606 Nairobi (“the Company”/“we”/“us”/”our”) and shall constitute part of the loan agreement between the borrower/customer and the Company. Please read these terms of use carefully before using the Services. Using the Services indicates that you accept these terms and conditions. If you do not accept these terms and conditions, please do not use the Services and leave the Platform from which they are provided.
2. We may revise and update the terms and publish them on our Website. You will be able to view any updated terms on our Website, and you will have the right to reject any changes by discontinuing use of the Services. If you continue using the Services, we will take it that you have accepted the updated terms and conditions. You should check the Website from time to time to review the then current terms and conditions because they will be the ones that are binding on you.

2. Some definitions

1. Banks means financial institutions you may hold an account with;
2. Interest means a fee payable by the Borrower to the Bank for the use of the Credit Amount;
3. Interest Rate means the amount of Interest per year established in the Agreement and calculated as a percentage of the outstanding Credit Amount;
4. Loan/Credit Advance means any financial transaction or commitment entered into by the Company with a customer whereby the other party becomes or could become indebted to the Company as more particularly described in Schedule 1 of this Agreement;
5. Platform means the online platform accessed by you after registration for the Services, as updated by the Company from time to time;
6. Services means any form of services or products that the Company may offer you pursuant to this Agreement and as you may from time to time subscribe to via the Platform and "Service" shall be construed accordingly.

3. Fees and Payment

1. We shall be entitled to set and charge fees in connection with your use of the Services and from time to time amend or vary our fees. The fees and charges payable by you to us in relation to any credit advance as outlined in Schedule 2 shall be displayed on the Platform.
2. If we decide to vary or amend our Service Fees, the Service Fees payable on any new application for Services will be displayed on the Platform. We will use reasonable endeavours to try to notify you of any changes in relation to Service Fees at least thirty (30) days before such changes are implemented including displaying notices of the changes on the Platform, via SMS, or our website.
3. All payments to be made by you under this Agreement shall be made in full without any setoff or counterclaim and save in so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to us you shall immediately pay to us such additional amounts as will result in us receiving the full amount it would have received had no such deduction or withholding been required.
4. If you fail to make any payments due to us at the due date for payment, we will be authorized to apply late fees on such amount loaned to you at a rate to be communicated to you.
5. If there is any extraordinary increase or decrease in the effective purchasing power of Kenyan currency, we shall have the right to make corresponding adjustments in the Service Fees.

4. Licence Grant and Use of Content

1. In return for you agreeing to comply with these terms of use, the Company grants you a non-exclusive licence to use the Platform on each device (e.g. phone, tablet) you use to access the Services. We only grant this licence to you and you cannot transfer or sell it to anyone else. We grant similar licences to all users of our Platform.
2. All images, text, icons and other content on the Platform (“Content”), as well as the arrangement of the Content on the Platform, is protected by copyright and other intellectual property rights. Except as provided in these terms of use, or otherwise in writing by the Company, you are not granted any licence to use the Content or its arrangement. Nothing in these terms of use grants you a licence to use any the Company trade marks or the trade marks of any third parties on the Platform.
3. If you breach any of the terms in these terms of use, your permission to use the Platform and the Services automatically ends. In addition, the Company has the right to block, restrict, disable, suspend or terminate your access to all or any part of the Platform, Services or Content at any time in its own discretion without liability to you.

5. Your Use of and Access to Our Services

1. Our acceptance of your application for a loan/credit advance will be displayed on the Platform. You hereby acknowledge and accept that the acceptance by us of your application for a credit advance does not create any contractual relationship between you and us beyond the terms and conditions that apply to your account with us.
2. We reserve the right to decline your application for a credit advance or to revoke the same at any stage at our sole and absolute discretion and without assigning any reason or giving any notice thereto.
3. We reserve the right (in our sole and absolute discretion) to issue, decline to issue a credit advance and/or vary the terms of any credit advance depending on our assessment of the credit profile of each individual borrower from time to time. The terms of the credit advance and the service fee payable in relation to each credit advance application will be displayed on the Platform.
4. While the Company endeavours to ensure that the Platform and the Services are normally available 24 hours a day, the Company is not be liable if for any reason they are unavailable at any time or for any period.
5. Access to the Platform and the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
6. You must not use the Platform or the Services if you are under the age of 18.

6. Your Privacy

1. The Company is committed to respecting your privacy and the privacy of all individuals using the Platform and the Services.
2. You hereby agree and authorize us to verify information provided by you to us including (without limitation): your phone number, name, date of birth, Identification Number (“ID”) or Passport Number and such other information that will enable Us to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).
3. You hereby agree and authorize us to obtain and procure your Personal Information from the Credit Bureaus and you further agree and consent to the disclosure and provision of such Personal Information by and to the Credit Bureaus.
4. We reserve the right to request for further information from you pertaining to your application for a credit advance at any time. Failure to provide such information within the time required by us may result in declining to accept your application for a credit advance.

7. Restrictions

1. use the Platform and/or Services in any unlawful or technically harmful manner;
2. misuse the Platform and/or Services (including, without limitation, by hacking or inserting malicious code);
3. resell the Platform and/or Services;
4. infringe our or any third party's intellectual property rights in your use of the Platform, Services and/or its Content;
5. copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Platform or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content may be deleted or modified.
6. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform except to the extent allowed by law.
7. frame or use any framing techniques to enclose the Platform or any part of it;
8. take any action that in our sole discretion places an unreasonable or disproportionately large load on servers or other infrastructure used by us; or
9. use the Platform and/or Services in any way which may cause, or be likely to cause, access to or use of the Platform and/or Services to be interrupted, damaged or impaired in any way.

8. Disclaimers

1. While the Company endeavours to ensure that the content on the Platform is correct, we do not warrant the accuracy and completeness of the such content. The Company may change the content at any time without notice. The content may be out of date and the Company makes no commitment to update such material.
2. The material on the Platform is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Platform and the Services on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the Platform and Services.

9 - Indemnity

1. any breach by you of any of these terms of use or applicable law;
2. your misuse of the Platform and/or the Services;
3. your infringement of intellectual property rights; and/or
4. your failure to provide accurate, up to date information.

10 - Term and Termination

1. You may stop using the Platform and the Services at any time, at which time these terms of use will terminate. However, you will continue to have certain obligations under these terms of use that by their nature apply to you even when you longer use the Platform or Services, for example Restrictions (Section 8), Indemnity (Section 10).
2. We may terminate these terms of use immediately by written notice to you:
1. if you commit a material or persistent breach of these terms of use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and/or
2. if you breach clause 1.
3. On termination for any reason:
a. all rights granted to you under these terms of use shall cease; and b. you must immediately cease all activities authorised by these terms of use.

11 - Miscellaneous

1. To contact us or make a complaint about the Services, you can send your communication to us by e-mail to the Company at support@flashcreditafrica.com
2. All communications in relation to these terms of use or the Services will be in English.
3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by any act or event beyond our reasonable control, including non availability of the services caused by your own error, unavailability of third party platforms, network problems or outages (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:
1. our obligations under these terms of use shall be suspended for the duration of the Event Outside Our Control; and
2. we will use our reasonable endeavours to find a solution by which our obligations under these terms of use may be performed despite the Event Outside Our Control.
3. We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.
4. You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.
5. A person who is not a party to these terms of use has no right to enforce any term of these terms of use.
6. If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7. Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8. These terms of use shall be governed by and construed in accordance with Kenyan law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Kenyan courts.

Schedule 1 - Loan Details

We offer salary advance loans with a tenure of one month

Schedule 2 - Fees and Charges