It is essential that you thoroughly review these terms of service, as they serve as both an agreement for electronic financial services and an agreement for end-user licensing. The act of registering for or utilizing any component of the AdvancePoa service (which will be referred to as the "Service" from this point forward) is an affirmation of your understanding, consent, and acceptance of these terms and conditions. By utilizing any aspect of the service, you acknowledge that you have read, understood, and consent to be legally bound by these terms. If these Terms of Service are deemed objectionable by you, you will be prohibited from accessing or using any aspect of the Service. The use of these Terms of Service establishes a legally binding contract between the AdvancePoa service and you, the individual user (sometimes referred to as "You" or "Your").
Any alterations or modifications will be implemented on the same day that these Terms of Service are effective.
The following is confirmed by your affirmation:
2.1 You are authorized to approve and adhere to these Terms of Service Terms in accordance with the law.
2.2 You will promptly notify us of any violation of these Terms of Service or any applicable legislation.
2.3 You will only utilize the System and Service in a manner that is authorized by the system and service.
2.4 You have furnished information, documents, and credentials that are forthright, comprehensive, and accurate in relation to your private information.
2.5 Accounts and locations are necessary for authorized internet access.
2.6 You make a solemn commitment to abstain from participating in any activity that is considered unlawful.
2.7 You confirm that you will not obstruct the system's operation in any manner.
3.1 Before downloading, installing, or streaming the application, it is imperative that you carefully review these Terms of Service and ensure that you have a comprehensive understanding of them.
3.2 After downloading the program from our system, you will be able to select "Accept" to indicate your acceptance of the terms and conditions of utilization.
3.3 Your completion and registration of the application constitute your acceptance of the terms of service.
3.4 By continuing to utilize our services in the future, you acknowledge and consent to the terms of this agreement, which we reserve the right to amend at any time.
3.5 It is conceivable that the website interface may require the acceptance of new terms in order to implement the modifications.
3.6 By utilizing the application, you authorize us to gather technical information to improve the services we offer.
3.7 In order to confirm the information, we may contact you or the individual you have designated as your emergency contact.
4.1 Prior to utilizing the System, it is necessary to establish and then maintain an account.
4.2 You are obligated to participate in all activities that are associated with the account. In greater detail:
4.2.1 Avoid the use of multiple accounts.
4.2.2 Ensure the confidentiality of the account data.
4.2.3 Guarantee that your account is encrypted and that no other individual has access to it.
4.2.4 Kindly inform us immediately of any unauthorized activity that has taken place on your account.
All rights are reserved by the proprietor.
5.1 A non-transferable, restricted, non-exclusive, revocable, and royalty-free license will be granted to you to access and use the System within the Territory for the solitary purpose of acquiring the services that we provide if you comply with these Terms of Use.
5.2 We and our licensors, if any, jointly and severally own all rights that are not expressly granted to you by these Terms of Use. You will not acquire proprietorship of the System, either in its entirety or in part, under the terms of these Terms of Use.
Actions that are prohibited:
5.3 The following activities are prohibited while using the System:
5.3.1 The System may be commercially exploited by any third party that leases, sublets, transfers, assigns, distributes, sells, resells, or uses it in any other capacity in accordance with the provisions of this agreement.
5.3.2 You are permitted to utilize the underlying program in any manner, modify it in any manner, or employ reverse engineering to generate ideas for it.
5.3.3 Utilize the System to create a product that is identical to the System, to produce a product that is competitive, to duplicate the System's features or concepts, or to initiate an automated application that causes the System to experience unnecessary burdens.
5.3.4 Make an attempt to gain access to the system or network beyond the authorized level.
5.3.5 Unauthorized duplication or extraction of system structure or content.
It is unlawful to post, share, or reproduce any content that is subject to intellectual property rights or incorporates trademarks without prior authorization.
5.3.7 Use the system in a manner that violates the law or engages in fraudulent activity.
5.3.8 Disseminate unsolicited messages or pernicious software.
5.3.9 Distribute or retain hazardous code.
5.3.10 Identify methods to improve the system's efficacy or reliability.
It is impermissible to make false claims about one's affiliations or to assume the identity of another individual.
5.3.12 Generate a report regarding the location you visited.
5.3.13 Submit false information regarding oneself.
5.3.14 Destroy our image.
5.3.15 Conduct any necessary analysis of communications or information gathering from our services or systems.
6.1 Our services are exclusively available to individuals who are at least eighteen years old and meet the eligibility requirements. We will contact the mobile money provider that is relevant to your account to confirm the authenticity of your mobile money account and provide information about its current status. We reserve the right to do so.
6.2 The application will notify you of the effective approval of your account. Please be advised that the approval of your account application does not create a legal relationship between you and the Mobile Money Providers, with the exception of the terms and conditions that are presently in effect for your Mobile Money Account. You acknowledge and consent to this fact.
6.3 We retain the right to decline or terminate your loan application at any time, without providing any justification or prior notice.
7.1 By providing us with your unchanging permission, you commit to the fact that you are exclusively responsible for carrying out any requests that we receive from you or that you say you have received through the System.
7.2 We reserve the right to reject any loan application that you submit, regardless of whether or not you have already been granted a loan from some of our clients.
7.3 In the event that we determine, solely based on our own opinion, that we are able to resolve the missing or unclear information without your participation, we reserve the right to approve and manage any request.
7.4 In the event that the Request was submitted, delivered, or transmitted in an unlawful or inappropriate manner, we will begin to believe that you have fulfilled all of your obligations. According to the law, we are obligated to comply with any request made by you if we operate in good faith and believe that the instructions are coming from you.
7.5 We reserve the right to decline to carry out any aspect of your request while we do additional investigation or obtain additional confirmation from you, either verbally or in writing. This decision is made at our discretion.
7.6 If you carry out any portion of your requests or refrain from utilizing the authority that has been provided to us, you undertake to keep us harmless and to indemnify us against any and all claims, damages, fees, and expenditures. This understanding is made in the event that you carry out any part of your requests.
7.7 You acknowledge and agree that we will not be responsible for any unauthorized uses, transfers, disclosures, or activities on your account that result from the use, knowledge, or manipulation of your identification number, personal identification number, or any other account information, even if those actions were the result of your carelessness, to the greatest extent that the applicable law permits.
7.8 We are permitted to carry out any obligations that have been imposed on your account by agencies, competent authorities, or tribunals in line with the Data Protection Act and the Kenya Information and Communications Act, amongst other rules.
7.9 In the event that these terms and these terms are in conflict with one another, these Terms of Use will take precedent over any requests that we receive from you.
8.1 In order to utilize the System and the Service, you are obligated to secure and maintain your mobile device, and you are responsible for the cost of doing so.
8.2 It is your responsibility to guarantee that your mobile device is operating properly. We are not liable for any computer viruses or other issues that may arise as a consequence of utilizing the system, the service, or the mobile device. We expressly disclaim all responsibility for any errors or problems that may be caused by your mobile device, which only serves to exacerbate the offense. Rather than being held accountable for any delays or losses that may be caused by network service providers, you are responsible for paying any costs that they may impose on you.
8.3 The application may be accessed by means of a mobile device. You, the user, are responsible for ensuring that the appropriate application has been downloaded onto your mobile device. We are not liable for the app if it is either outdated or incompatible with the device you are using.
8.4 You are required to promptly notify us using the methods that we have authorized in the event that your mobile device is lost, stolen, damaged, or no longer in your possession. Other parties would have access to the details of your account and your credentials through this method, but the legal rights and remedies that we possess would be safeguarded. In the event that we disclose your login passwords and account information to third parties who are not affiliated with us, you are agreeing to indemnify us.
8.5 You are accountable for maintaining the adequacy of your internet and mobile plan, in addition to paying any fees that your mobile service provider may impose, including text, phone, and internet data charges. You are entirely accountable for the payment of any costs associated with the system and the fact that it may be used with a substantial volume of data.
8.6 You agree to adhere to all of the rules, regulations, and guidelines enumerated in these Terms of Use, as well as any supplementary materials that we may provide, by utilizing the System and the Service.
8.7 In order to identify users who are exploiting the system and the service, it is imperative to implement reasonable procedures. In order to prevent any unauthorized access to the System, it is essential that you examine each and every communication that we have sent to you without delay upon their receipt. Please contact us at your earliest convenience if...
8.7.1 You have reason to suspect that an unauthorized individual has acquired or employed your logon credentials; and/or
8.7.2 You are of the opinion that fraudulent activities may have been a component of the unlawful utilization of the service that has occurred, is occurring, or is anticipated to occur.
8.7.3 You are accountable for complying with any supplementary regulations that we may establish in relation to the Service or the security protocols. You are cognizant of the possibility that the confidentiality of your account may be compromised if you fail to comply with the security protocols that have been recommended to you. To be more precise, the service must not be utilized, requests must not be submitted, and the necessary activities of each individual must not be performed.
Interest and transaction costs
9.1 The interest that is owed to us on any loans that you have obtained will be displayed in the application. We reserve the right to establish and modify transaction fees that are associated with your utilization of the Customer Service during this interim period. We may also implement and adjust them if necessary. The application will provide information on both the introduction of new transaction fees and any modifications to the existing ones. We guarantee that we will promptly notify you of any modifications to the transaction fees. This encompasses the dissemination of information regarding the application.
9.2 Unless otherwise specified by law, all payments made in compliance with these Terms of Use must be made in full, without any withholdings or deductions. The responsibility for ensuring that we receive the full amount that we would have received in a different circumstance will fall on you if you are obligated to withhold or deduct any money from us. Please approach this obligation with the utmost gravity.
9.3 Should we be unable to collect payment from you prior to the due date, we reserve the right to impose penalty interest on the total amount of the loan.
The act of paying taxes
9.4 The amounts that are owed to you in accordance with the Loan and these Terms of Use do not include any taxes that you may be required to pay. You are obligated to pay an additional sum that is equivalent to the quantity of the payment multiplied by the applicable tax rate if taxes are due on the payment. This payment must be made in conjunction with your own when we submit a request, irrespective of the termination of our relationship.
9.5 You are aware of and consent to the possibility that we may withdraw funds from your account to comply with internal regulations, orders issued by tax authorities, or other limitations imposed by taxing authorities, as well as agreements with these organizations..
The sum of money
9.6 The application contains information regarding the terms of use, as well as the methods and deadlines by which the principal, interest, transaction fees, and taxes associated with the loan are to be paid.
9.7 All transactions and expenditures must be conducted in the Territory's native currency.
10.1 The following is the result of a default:
10.1.1 The loan will be terminated unless you have been declared bankrupt, the failure was the result of a technical or administrative error, or you have not made payments or installments (including all accumulated interest, transaction fees, and taxes) under a loan that was issued to you in accordance with these Terms of Use for a period of more than fifteen days.
10.2 In the event of a chronic default, we are entitled to the following in addition to any other rights or remedies that we may have under the applicable law:
10.2.1 Ensure that you adhere to the eleventh clause of the Terms of Use.
10.2.2 Declare that all monies owed in accordance with these Terms of Use must be paid in a timely manner. This encompasses all expenses, including interest, taxes, and transaction fees, in addition to the loan.
10.2.3 Penalty interest will be assessed on the amount that was due but not paid, as specified in the application. This interest will be assessed.
11.1 The provisions of these terms of use will remain in effect until they are fulfilled, as indicated in the preceding sentence.
11.2 In addition to the aforementioned provisions, we reserve the right to suspend or terminate your use of the System, the Service, and your Account in addition to these Terms of Service:
11.2.1 immediately upon receipt of notification, regardless of the time or cause;
11.2.2 You are obligated to cease violating these terms of service immediately, regardless of whether or not you have received a warning, without influencing our other rights and remedies.
11.2.3 You are entitled to the following if your mobile money provider or cell network operator decides to cancel your account or contract for any reason:
11.2.4 In the event that your Account is required to be dormant or inactive due to technical or security difficulties in order to accommodate ongoing modifications or enhancements to the Service's operation or the characteristics of its content;
11.2.5 In the event that it is required by an order, suggestion, or order received from a court, regulatory agency, governmental body, or any other authorized authority; or
11.2.6 for any other reason that we determine to be necessary to suspend or halt the Service's delivery, at our sole discretion.
11.3 You shall be accountable for the following in the event that these Terms of Service are rendered invalid or terminated for any reason:
11.3.1 You are required to promptly pay us any taxes, transaction fees, principal, or interest that you have not yet paid within three days of the agreement's termination.
11.3 It is imperative that you promptly and comprehensively remove the application from your mobile device.
11.4 The collective rights or responsibilities that have been accrued by either party will not be impacted by the termination.
11.5 The conditions of any specific clauses and any other clauses that expressly or tacitly stipulate their continuation will remain in effect even after these conditions of Use are terminated, unless their nature indicates that they should continue.
12.1 All claims, costs, damages, obligations, and expenditures (including legal fees and costs) that arise from or result from the following are your responsibility, and you indemnify us, our licensors, the affiliates, and each of their directors, employees, and agents against them. You are responsible for all of these things.
12.1.1 Any law or condition in these terms of service that you have violated, and any other applicable circumstances
12.1.2 One example of how you make use of the System and/or the Service is as follows:
(1) Claims brought by third parties that are a direct result of your use of the Application or the Service;
(2) Secondly, any damages or compensation that may be incurred as a consequence of the utilization, misuse, exploitation, or acquisition of any third-party software, including but not limited to operating systems, browser software, or other software programs;
(3) Access to your account that is not authorized; loss, theft, or damage to your mobile device; deletion, change, or damage to your data that is not authorized; and
(4) Any losses or damages that may occur as a consequence of your failure to comply with these terms of use, your provision of incorrect information, the failure or unavailability of systems or facilities belonging to a third party, or the inability of a third party to complete a transaction.
The Exclusion of Liability
12.2. We shall not be responsible for any losses that you sustain in the event that the Service is unavailable or if your mobile device experiences a malfunction. Terrorist attacks, equipment breakdowns, power outages, poor weather, and any failure of a public or private telecommunications system are all examples of disasters that fall under this category. However, this list is not exhaustive.
12.3 You are aware that the application might not have been designed with your specific requirements in mind. Therefore, it is your responsibility to make certain that the features and functionalities of the software are up to the standards that you have set for them.
12.4 The software is only designed for use that is performed by an individual. You have come to the realization that we cannot be held accountable for any lost opportunities, profits, or business interruptions that may occur. To add insult to injury, you agree that you will not use the Application for any commercial, reselling, or business purposes.
12.5 In particular, we expressly disclaim any and all duty for any damages or losses that you may experience as a result of or in connection with:
12.5.1 Any issue or failure in the application or service that is brought about by the modifications or customizations that you have made;
12.5.2 Any problem or defect in the software that you bring about by using it in a manner that is in violation of these conditions of use when you use it;
12.5.3 You have committed a violation of Part 6.
12.5.4 There is not enough money in your mobile money account.
12.5.5 The network, your mobile device, the system, or a Mobile Money System that is not functioning properly, stopping, or not being accessible; legal actions or other restrictions on the transfer of funds or payments from your account; your inability to provide specific, unambiguous instructions for the transfer of funds or payments related to your credit card account;
12.5.6 Engaging in any activity that is unlawful or dishonest with regard to your mobile device, the System, or the Service; or
12.5.7 When you use the System and the Service, you are knowingly and intentionally ignoring these Terms of Use as well as any other information or material that we provide to you.
12.6 We will not be responsible for any anticipated loss of profits or savings, or for any other sort of indirect or consequential loss or damage related to or arising from the Service, even if we are aware of the possibility of such loss or damage. This is the case even if we are aware of the possibility of such loss or damage.
12.7 Our maximum liability will never be greater than the Transaction Fees that you paid us in connection with the first event that gave rise to a claim under these Terms of Use. This is true regardless of whether the claim is related to a contract, a tort, a breach of statutory duty, or anything else that is associated with the Application, the System, the Service, or these Terms of Use.
12.8 If you do not notify us of any claims you may have against us regarding the App, the System, the Service, or these Terms of Use within six (6) months of the events that gave rise to those claims, you will forfeit any rights and remedies you may have with regard to those claims. This is the case unless it is specifically stated otherwise in these Terms of Use, and only to the extent that applicable law permits it.
You are consenting to receive promotional communications from us by utilizing our services. If you wish to discontinue receiving messages of this nature, you may notify the sender of the specific communication that specifies your preference.
14.1 The laws of your Territory govern these Terms of Service, unless the law of your Territory explicitly states otherwise. These Terms of Service and any issues that arise from or are linked to them shall be governed by the laws of the Republic of Kenya, unless otherwise specified. This encompasses any allegation of violation or challenge to the legality or enforcement of these Terms of Service.
14.2 The arbitration shall be conducted in conformance with the legislative framework that is currently in effect in the Republic of Kenya.
14.3 The arbitrator's decision is binding and enforceable against the parties to the fullest extent permitted by law.
14.4 Until the arbitrator has rendered a final decision or granted an award, this Section 14 shall not impede the ability of any party to file a litigation of any nature or to obtain conservatory or interim relief from any court of competent jurisdiction.
15.1 We will not be held liable for any delays or performance issues that are the result of factors that are beyond our reasonable control.
15.2 You assure that you will never, ever provide any third parties with access to any confidential information on our business, our suppliers, or our customers in accordance with the conditions of this agreement.
15.3 You acknowledge and consent to the fact that we may periodically assign, transfer, or partially transfer the rights of the loan lender in our sole discretion and without prior notification to you. You will remain accountable for the payments that we have designated, and your obligations under these Terms of Use will persist even after the transfer has been finalized.
15.4 You are not permitted to transfer, assign, sublicense, sublet, or otherwise dispose of any rights or obligations that are delineated in these Terms of Use unless we have provided you with our explicit written consent. We reserve the right to assign, sublicense, transfer, or subcontract any and all of our rights and responsibilities in accordance with these Terms of Use, and we reserve the right to exercise this right at any time and without prior notice.
15.5 In the event that a court or other relevant authority determines that any element of these Terms of Service is unlawful, invalid, or unenforceable, the remaining portions of these Terms of Service will continue to be in full force and effect. In its stead, a clause that is both valid and enforceable and, to the greatest extent possible, achieves the same objective as the invalid section will be inserted. This clause will be valid and enforceable.
15.6 It is impossible for any individual who is not a party to these Terms of Use to enforce any of the requirements that are outlined in them.
15.7 In order to notify you of any substantial modifications, we may either contact the address you have specified in your account or publish a general notice on the system or application. In order to notify us, you must send an email to service@advancepoa.com.
15.8 Should you have any questions or comments regarding the System and Service, please do not hesitate to reach out to us at service@advancepoa.com.
It is the duty of each and every employee to engage in ethical and professional communication with consumers, irrespective of the circumstances. When endeavoring to resolve disputes or recover loans, it is unlawful for customer service personnel, recovery agents, and loan collectors to subject customers or their contacts to rudeness, abuse, threats, or slander. The employees who exhibit this conduct do so voluntarily, and they will be subject to the corresponding disciplinary action.
We are committed to helping Kenyans achieve their objectives in an ethical manner as a financial technology business (FinTech) that has been appropriately licensed.
We guarantee that all of our agents and customers receive information that is current, accurate, and comprehensive, and that it is presented in a manner that is readily comprehensible by adhering to industry standards. We strive to ensure that all customers who submit inquiries about our services receive a prompt and transparent response. This encompasses the subsequent items:
(a) The most recent version of our service terms is available on our website at no cost.
(b) Services that are subject to predetermined tariffs or fees; information regarding these services is available on our website and on charge pages that are publicly posted in specific locations.
(c) The terms of service that are published on our website and accessible to all clients at the various access points.
(d) Notifying customers who are affected by changes to service prices and offering them the choice to either accept the revised terms or terminate their existing agreements in accordance with the legally binding terms and conditions.
In the context of telemarketing, we comply with the regulations established by the appropriate authorities and honor the customer's preference for whether they wish to be contacted ("call" or "non-call" ). We obtain the customer's consent prior to sending them unsolicited calls or texts, and they are afforded the opportunity to decline receiving such communications. We ensure that all information is communicated in a clear and concise manner, including our identity, the specifics of our product or service, and the customer's right to rescind within seven days.
We guarantee that the costs can be verified in an exact manner. The processes of the Licensee's registration and processing are what are meant to be referred to as "billing" in this context.
21.1 In the event that it is necessary, we will provide information on the procedures we employ to resolve complaints in a variety of formats, including both digital and printed documents.
21.2 This data will contain all pertinent information regarding our complaint management procedures, which will be presented in a manner that is easily comprehensible.
21.3 In order to ensure that alternative dispute resolution (ADR) is promptly accessible, our policy regarding the grievance procedure will be publicly available and openly accessible.
21.4 Customer service representatives will furnish comprehensive instructions on how to submit a complaint through the designated channels.
Our procedure is designed to ensure that customers are able to quickly contact us in order to voice their complaints and that they do not made the mistake of choosing not to make a complaint by accident. The following subjects will be covered during the process of filing a complaint: service@advancepoa.com.
When a customer signs a service agreement or otherwise openly acknowledges our terms of service, they are agreeing to be bound by those terms. Provided that they are provided with a concise explanation of our terms of service prior to their utilization of the service, it is presumed that they have accepted them. Clients give their consent to take no legal action against us for any actions taken by the company to collect overdue loans.
