This document functions as both an agreement for electronic financial services and an end-user licensing agreement, making it imperative that you fully understand these Terms of Service. Therefore, it is crucial that you review them carefully. Your registration for or use of any part of the Boreleza service (hereinafter referred to as the "Service") constitutes your acknowledgment, agreement, and acceptance of these terms and conditions. By engaging with any aspect of the Service, you confirm that you have read, understood, and agree to be legally bound by these terms. Should these Terms of Service be found objectionable, you will be prohibited from accessing or using any part of the Service. These Terms of Service establish a legally binding contract between the Boreleza service and you, the individual user (hereinafter referred to as "You" or "Your").
The implementation of any alterations or modifications will occur on the same day that these Terms of Service become effective.
Your affirmation confirms the following:
2.1 You are authorized to approve and comply with these Terms of Service Terms in accordance with the law.
2.2 You will promptly inform us of any violation of these Terms of Service or any pertinent 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 provided information,documents,and credentials that are comprehensive,accurate,and transparent in relation to your private information.
2.5 Authorized online access necessitates accounts and locations.
2.6 You hereby consent to refrain from engaging in any activity that is deemed illegal.
2.7 You affirm that you will not impede the system's operation in any way.
3.1 It is essential that you thoroughly peruse these Terms of Service and have a thorough comprehension of them before downloading,installing,or streaming the application.
3.2 Upon the program's receipt from our system,you will be able to validate your agreement to the terms and conditions of use by selecting"Accept."
3.3 The terms of service are accepted by you upon the conclusion and registration of the application.
3.4 You acknowledge and consent to the terms of this agreement by continuing to use our services in the future.We reserve the right to amend this agreement at any time.
3.5 It is conceivable that the website interface may necessitate the incorporation of new terms in order to implement the modifications.
3.6 By utilizing the application,you grant us permission to collect technical information in order to enhance the services we provide.
3.7 We may contact you or the individual you have designated as your emergency contact in order to verify the information.
4.1 Access to the System is contingent upon the creation and maintenance of an account.
4.2 You are required to engage in all activities that are associated with the account.For example,
4.2.1 It is advised that you avoid the use of multiple accounts.
4.2.2 Guarantee the confidentiality of the account data.
4.2.3 Ensure that your account is encrypted and that no other individual has access to it.
4.2.4 Please notify us promptly of any unauthorized activity that has occurred on your account.
The proprietor retains all rights.
5.1 If you adhere to these Terms of Use,you will be granted a non-transferable,restricted,non-exclusive,revocable,and royalty-free license to access and use the System within the Territory for the sole purpose of acquiring the services we provide.
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.
The subsequent actions are strictly prohibited:
5.3 The following activities are prohibited from being conducted using the System:
5.3.1 Any third party that leases,sublets,conveys,assigns,distributes,sells,resells,or uses the System in any other capacity in accordance with the provisions of this agreement may commercially exploit it.
5.3.2 You are permitted to employ reverse engineering to generate ideas for the underlying program,modify it in any way,or use it in any capacity.
5.3.3 Employ the System to either develop a product that is identical to the System,to develop a product that is competitive,to replicate the System's features or concepts,or to initiate an automated application that causes the System to experience superfluous burdens.
5.3.4 Make an attempt to access the system or network beyond the authorized level.
5.3.5 Unauthorized duplication or extraction of system structure or content.
5.3.6 It is illegal to publish,disseminate,or reproduce any content that is protected by intellectual property rights or incorporates trademarks without prior authorization.
5.3.7 Employ the system in a manner that is either fraudulent or prohibited.
5.3.8 Disseminate unsolicited messages or hazardous software.
5.3.9 Disseminate or retain hazardous code.
5.3.10 Develop strategies to enhance the system's reliability or effectiveness.
5.3.11 It is strictly prohibited to make false claims about one's affiliations or to assume the identity of another individual.
5.3.12 Compose a report on the location you visited.
5.3.13 Submit inaccurate information about oneself.
5.3.14 Our reputation will be irreparably tarnished.
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 for your account to verify the authenticity of your account and to provide information about its current status.We reserve the right to do so.
6.2 The application will inform you of the account's effective approval.The approval of your account application does not establish a legal relationship between you and the Mobile Money Providers,with the exception of the terms and conditions that are currently in effect for your Mobile Money Account.Please be advised of this fact.You acknowledge and attest to this fact.
6.3 We reserve the right to decline or terminate your loan application at any time,without providing any justification or prior notice.
7.1 You acknowledge that you are entirely responsible for fulfilling any requests that we receive from you or that you claim to have received through the System by granting us your immutable permission.
7.2 We retain the right to reject any loan application that you submit,regardless of whether or not you have previously been granted a loan from some of our clients.
7.3 We retain the right to approve and manage any request if we are able to resolve the missing or ambiguous information without your participation,exclusively based on our own opinion.
7.4 We will assume that you have fulfilled all of your obligations if the Request was submitted,delivered,or transmitted in an unlawful or inappropriate manner.If we are operating in good faith and believe that the instructions are coming from you,we are legally obligated to comply with any request you make.
7.5 We reserve the right to decline to fulfill any aspect of your request while we conduct further investigation or obtain additional confirmation from you,either verbally or in writing.This decision is made at our discretion.
7.6 This agreement is established in the event that you fulfill any portion of your requests.You agree to indemnify us against any and all claims,damages,fees,and expenditures if you refrain from utilizing the authority that has been granted to us or complete any portion of your requests.
7.7.You agree and acknowledge that we will not be held liable for any unauthorized unauthorized uses,transfers,disclosures,or activities on your account that are the result of 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 maximum extent permitted by the applicable law.
7.8 We are authorized to fulfill any obligations that have been imposed on your behalf by competent authorities,agencies,or tribunals in accordance with the Data Protection Act and the Kenya Information and Communications Act,among other regulations.
7.9 In the event that these terms and these terms are in conflict,these Terms of Use will prevail over any requests that we receive from you.
8.1 You are responsible for the costs associated with the security and maintenance of your mobile device in order to access the Service and the System.
We specifically expressly disclaim all liability for any errors or issues that may be caused by your mobile device,as this may 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.We are not responsible for any computer viruses or other issues that may arise as a result of the use of the system,the service,or the mobile device.
8.2 It is your obligation to ensure that your mobile device is functioning properly.
8.3 The application is accessible via a mobile device.The user is accountable for ensuring that the appropriate application is transmitted to their mobile device.We do not assume any culpability for the application if it is outdated or incompatible with the device in issue.
8.4 You are obligated to promptly notify us of the loss,theft,damage,or non-possession of your mobile device using the methods that we have authorized.This method would enable other parties to access the details of your account and your credentials,but our legal rights and remedies would be safeguarded.In the event that we disclose your logon passwords and account information to third parties who are not affiliated with us,you are agreeing to indemnify us.
8.5 You are solely responsible for the payment of any costs associated with the system and the fact that it may be used with a significant volume of data.Additionally,you are responsible for the adequacy of your internet and mobile plan and for paying any fees that your mobile service provider may impose,such as text,phone,and internet data charges.
8.6 By employing the System and the Service,you consent to comply with the rules,regulations,and guidelines that are outlined in these Terms of Use,as well as any supplementary materials that we may provide.
8.7 It is essential to establish reasonable procedures to identify users who are abusing the system and the service.To prevent any unauthorized access to the System,it is paramount that you promptly review each and every communication that we have sent to you upon their receipt.If...,please do not hesitate to contact us at your earliest convenience and...
8.7.1 You have reason to believe that an unauthorized individual has obtained or used your authentication credentials;and/or
8.7.2 You are of the opinion that the illicit exploitation of the service that has occurred,is occurring,or is anticipated to occur may have been influenced by fraudulent activities.
8.7.3.You are responsible for adhering to any supplementary regulations that we may establish in connection with the Service or the security protocols.You acknowledge that the confidentiality of your account may be compromised if you fail to adhere to the security protocols that have been recommended to you.To be more specific,the service must not be utilized,requests must not be submitted,and the necessary activities of each individual must not be completed.
Transaction costs and interest
9.1 The application will disclose the interest that you have accrued on any loans that you have obtained.We have the authority to establish and modify transaction fees that are associated with your use of the Customer Service during this interim period.Additionally,we may implement and modify them as necessary.The application will provide details regarding the implementation of new transaction fees and any modifications to the current ones.We guarantee that we will promptly inform you of any changes to the transaction fees,including the dissemination of information concerning the application.
9.2 Please treat this obligation with the utmost seriousness,as all payments made in accordance with these Terms of Use must be made in full,without any withholdings or deductions,unless otherwise specified by law.If you are obligated to withhold or deduct any money from us,you will be responsible for ensuring that we receive the full amount that we would have received in a different circumstance.
9.3 We reserve the right to impose penalty interest on the total amount of the loan if we are unable to collect payment from you prior to the due date.
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 obligated to pay.If taxes are due on the payment,you are required to pay an additional sum that is equivalent to the quantity of the payment multiplied by the applicable tax rate.This payment must be made in conjunction with yours when we submit a request,regardless of the termination of our relationship.
9.5 You acknowledge and consent to the possibility that we may withdraw funds from your account to comply with internal regulations,mandates issued by tax authorities,or other limitations imposed by taxation authorities,as well as agreements with these organizations.
The total amount of money
9.6 The application includes information on the terms of use,as well as the methods and deadlines for the payment of the principal,interest,transaction fees,and taxes associated with the loan.
9.7 The native currency of the Territory must be utilized for all transactions and expenditures.
10.1 The default outcome is as follows:
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 failed to make 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 Guarantee that you comply with 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 includes all incidental expenses,such as 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 evaluated.
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 notification receipt,irrespective of the time or cause;
11.2.2 Our other rights and remedies do not effect your obligation to promptly cease violating these terms of service,regardless of whether you have received a warning.
11.2.3 If your mobile money provider or cell network operator elects to terminate your account or contract for any reason,you are entitled to the following:
11.2.4 In the event that your Account is required to be latent 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 If it is mandated by a governmental body,regulatory agency,court,or other authorized entity;or
11.2.6 for any other reason that we deem necessary to suspend or terminate the Service's delivery,at our sole discretion.
11.3 In the event that these Terms of Service are rendered invalid or terminated for any reason,you will be responsible for the following:
11.3.1 You are obligated 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.
11.3.2 It is essential that you uninstall the application from your mobile device in a timely and comprehensive manner.
The termination will not affect the collective rights or responsibilities that either party has accumulated.
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 You are responsible for all claims,costs,damages,obligations,and expenditures(including legal fees and costs)that arise from or result from the following.You are obligated to indemnify us,our licensors,the affiliates,and each of their directors,employees,and agents against them.
12.1.1 Any law or condition in these terms of service that you have violated,as well as any other relevant circumstances
12.1.2 The following is an example of how you utilize the Service and/or the System:
(1)Claims initiated by third parties as a direct consequence of your use of the Service or the Application;
(2)Consequently,any damages or compensation that may be incurred as a result of the exploitation,misuse,acquisition,or utilization of any third-party software,including operating systems,browser software,or other software programs;
(3)Unauthorized access to your account;loss,theft,or damage to your mobile device;deletion,alteration,or damage to your data;and
(4)Any losses or damages that may result from your inability to comply with these terms of use,the provision of inaccurate information,the failure or unavailability of systems or facilities owned by a third party,or the inability of a third party to conduct a transaction.
Liability Exclusion
12.2.We shall not be held responsible for any losses you may incur as a result of the Service's unavailability or the malfunction of your mobile device.This category encompasses a spectrum of disasters,such as terrorist attacks,equipment malfunctions,power outages,inclement weather,and the failure of a public or private telecommunications system.It is imperative to recognize that this list is not exhaustive.
12.3 You acknowledge that the application may not have been specifically designed to meet your specific requirements.Consequently,it is your responsibility to ensure that the software's features and functionalities are consistent with the standards you have established.
12.4 The software is exclusively intended for personal use.You have come to the realization that we are not liable for any business interruptions,lost opportunities,or profits that may occur.The Application is not to be used for any commercial,reselling,or business purposes,as this is an additional offense.
12.5 We explicitly disclaim any and all liability for any damages or losses that you may incur as a consequence of or in connection with:
12.5.1 Any malfunction or issue in the application or service that is a consequence of the modifications or alterations that you have implemented;
12.5.2 In the event that you violate these conditions of use by using the software in a manner that results in a problem or defect,
12.5.3 You have violated Section 6.
12.5.4 Your mobile money account is insufficiently funded.
12.5.5 The network,your mobile device,the system,or a Mobile Money System that is not functioning properly,stopping,or being inaccessible;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 illicit or dishonest with respect to your mobile device,the System,or the Service;or
12.5.7 You are knowingly and intentionally disregarding these Terms of Use,as well as any other information or material that we may have provided to you,by utilizing the System and the Service.
12.6 We shall not be held liable for any anticipated loss of profits or savings,or for any other indirect or consequential loss or damage associated with or resulting from the Service,even if we are aware of the possibility of such loss or damage.This is the case regardless of our awareness of the potential for such loss or impairment.
12.7 Our maximum liability will never exceed 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 the case regardless of whether the claim pertains to a contract,tort,breach of statutory duty,or any other matter that is connected to the Application,the System,the Service,or these Terms of Use.
12.8 If you fail to notify us of any claims you may have against us with respect to the App,the System,the Service,or these Terms of Use within six(6)months of the events that gave rise to those claims,any rights and remedies you may have with respect to those claims will be forfeited.This is the case unless otherwise specified in these Terms of Use,and only to the extent that applicable law permits it.
By using our services,you consent to receiving promotional communications from us.To opt out of receiving such communications,please inform the sender of the specific communication that specifies your preference.
14.1 These Terms of Service and any issues that arise from or are related to them shall be governed by the laws of the Republic of Kenya,unless the law of your Territory explicitly specifies otherwise.This includes any allegation of violation or challenge to the legality or enforcement of these Terms of Service.
14.2 The arbitration shall be conducted in accordance with the current legislative framework in effect in the Republic of Kenya.
14.3 The arbitrator's decision is legally binding and enforceable against the parties to the utmost extent possible.
14.4 This Section 14 shall not prevent any party from pursuing conservatory or interim relief from a court of competent jurisdiction or initiating any form of litigation until the arbitrator has issued a final decision or awarded a remedy.
15.1 We shall not be held liable for any performance issues or delays that are the consequence of factors that are beyond our reasonable control.
15.2 You affirm that you will never,ever provide any third party with access to any confidential information pertaining to our business,our suppliers,or our customers,in strict adherence to the terms of this agreement.
15.3 You acknowledge and consent that we may periodically assign,transfer,or partially transfer the rights of the loan lender at our sole discretion and without prior notification to you.You will continue to be responsible for the payments that we have designated,and your obligations under these Terms of Use will remain in effect even after the transfer has been completed.
15.4 You are prohibited from transferring,assigning,sublicensing,subletting,or otherwise disposing of any rights or obligations that are outlined in these Terms of Use without our explicit written consent.We reserve the right to exercise this right at any time and without prior notice,and to assign,sublicense,transfer,or subcontract any and all of our rights and responsibilities in accordance with these Terms of Use.
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 place,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 enumerated in them.
15.7 We may either publish a general notice on the system or application or contact the address you have specified in your account to notify you of any substantive modifications.To notify us,please send an email to help@boreleza.com.
15.8 If you have any queries or comments about the System and Service,please do not hesitate to contact us at help@boreleza.com.
It is unlawful for customer service personnel,recovery agents,and loan collectors to subject customers or their contacts to disrespect,abuse,threats,or slander in an effort to resolve disputes or recover loans.Employees who engage in this behavior do so voluntarily,and they will be subject to the appropriate disciplinary action.It is the responsibility of all employees to communicate with consumers in a professional and ethical manner,irrespective of the situation.
As a financial technology business(FinTech)that has been appropriately licensed,we are dedicated to assisting Kenyans in achieving their goals in an ethical manner.
We guarantee that all of our agents and customers receive information that is current,accurate,and comprehensive,and that it is presented in a clear and comprehensible manner.This is achieved by adhering to industry standards,which ensure that all consumers who submit inquiries about our services receive a transparent and timely response.
(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 is available on our website and on charge pages that are publicly posted in designated locations.
(c)The terms of service that are published on our website and accessible to all clients at the various access points.
(d)Offering customers who are impacted by price adjustments the choice to either accept the revised terms or terminate their current agreements in accordance with the legally binding terms and conditions.
We ensure that all information is communicated in a clear and concise manner,including our identity,the specifications of our product or service,and the customer's right to rescind within seven days.We obtain the customer's consent and provide them with the opportunity to decline receiving such communications prior to sending unsolicited calls or texts.We also honor the customer's preference for whether they wish to be contacted("call"or"non-call").
We guarantee that the costs can be precisely verified.The term"billing"in this context refers to the Licensee's registration and processing procedures.
21.1 We will furnish information on the procedures we use to address complaints in a variety of formats,such as digital and printed documents,if required.
21.2 This data will be presented in a manner that is readily comprehensible and will include all pertinent information regarding our complaint management procedures.
21.3 Our policy regarding the grievance procedure will be publicly available and openly accessible to guarantee that alternative dispute resolution(ADR)is promptly accessible.
21.4 Customer service representatives will provide detailed instructions on how to submit a complaint through the designated channels.
Our complaint filing process is intended to guarantee that customers can promptly submit their grievances and that they do not inadvertently opt not to register a complaint.The following topics will be addressed during the complaint filing process:help@boreleza.com.
By signing a service agreement or publicly acknowledging our terms of service,a customer consents to being legally bound by them.It is presumed that they have acknowledged our terms of service if they are provided with a concise explanation prior to utilizing the service.Clients consent to us refraining from pursuing legal action against us in response to any actions taken by the company to collect overdue loans.
Company: Boreas Limited
Address: Mpesi Lane, Westlands, Nairobi County, Kenya
Phone: +2540797162922
