OPesa Terms of Service

1. Please read carefully before using this service.
Welcome to OPesa!
The OPesa service (“Service”) enables you to qualify to borrow small amounts over short periods of time
(each a “Loan”). The Service is operated by Tenspot Kenya Limited (“we” or “us”) subject to these Terms
of Service (“Terms”).
TERMS OF SERVICE
(Last Updated: 1st, December, 2018)
This is a Contract. These Terms constitute a contract. You may not use the Service if you do not accept
these Terms. By using any part of the Service you accept these Terms. If you are under eighteen (18)
years of age, you may not use the Service.
You must accept our privacy policy. To provide you with the Service, you must authorize the provision of
certain personal information to us as described in our privacy policy. Our privacy policy governing the
Service is attached to and incorporated into these Terms (“Privacy Policy”). By accepting these Terms
and using the Service, you consent to and authorize the collection and use of personal information in
accordance with the Privacy Policy.
You must be truthful. You agree to provide true, accurate and complete information about yourself as
prompted (“Account Data”) and you confirm that you have full authority to provide the Account Data
including in particular the information relating to the person you have provided as your emergency
contact. You agree to indemnify and keep us indemnified in full against all demands or claims that may
be brought against us with respect to any information related to third parties provided by you to us
during your use of the Service including any information related to emergency contact. You also agree to
update the Account Data to keep it current. You authorize us and our third party service providers, such
as network providers or credit reference bureaus, to verify Account Data.
You must keep your account secure. You are responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all activities that occur
through the use of your account or password. You agree to immediately notify us of any unauthorized
use of your account or any other breach of security.
Our fee is payable on top of the amount you borrow. Following the account registration process, you
may be offered the opportunity to apply for Loans in certain amounts. We reserve the right to decline
the Loan application for any reason. However, if we accept your application and grant you a Loan We
will charge a fee you must pay to us on top of paying back the borrowed amount (“Service Fee”). The
Service Fee payable is stated together with the loan amount at the time you apply for each Loan. The
Loan shall be credited into your OPesa Account less deduction of the applicable Service Fees.
You must repay by the Due Date or rollover your Loan. You must repay the Loan by the date specified
when you take the Loan (“Due Date”). It is important that you repay the Loan and Service Fee by the
Due Date. If you fail to do so, we will rollover your Loan for a period of time ("Rollover Period") and
charge you an additional fee ("Rollover Fee") in the amount of two point four percents (2.4%) per day.
You must then repay the loaned amount, Service Fee and Rollover Fee by the end of the Rollover Period.

2. If you fail to repay, you will be in default. If you still have not repaid the Loan amount and fees, by the
end of the Rollover Period, you will be in default. This default may be reported by us to credit reference
bureaus duly licensed under the Banking (Credit Reference Bureau) Regulations 2013, within 20 (twenty)
days of your default and such report may affect your ability to borrow money in the future. You will
become responsible for the reasonable costs we or our suppliers may incur in collecting the payment in
accordance with applicable law. Overdue amounts will be rounded up to the nearest whole Kenyan
Shilling.
We may contact you and/or your emergency contact. You expressly agree that, as part of the Service,
you may, from time to time, receive communications from us via text message (SMS) or email, including
our promotional newsletters or other information about the Service. You may stop receiving
promotional messages by following the opt-out instructions in the message. Even if you choose to opt
out of receiving promotional messages, you may not opt out of receiving service-related messages. You
also expressly authorize us to contact your emergency contact to verify your information or when we
are unable to contact you or when we have not received a repayment from you. You confirm that your
emergency contact has consented to the sharing of his/her information with us and to us contacting
them with respect to your use of the Service. In the event we cannot get in contact with you or your
emergency contact, you also expressly authorize us to contact any and all persons in your contact list.
You must respect our rights in the Service. We grant you a limited, non-transferable, personal right and
license to use the Service and any associated software application through which it may be provided.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of the software (except as, and only to the extent that, any of the
foregoing restrictions are prohibited by applicable law or to the limited extent permitted by the licensing
terms governing use of any open sourced components included within the software).
We may discontinue the Service. We may in our sole discretion and at any time terminate your access to
the Service or discontinue providing the Service or any part of the Service, with or without notice. You
agree that we will not be responsible or liable to you or any third party for modifying or discontinuing
the Service, or for terminating or suspending your access to the Service.
The Service is provided without any warranties or guarantees. THE SERVICE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES WITH
REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE SERVICE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE.
We are not liable for any damages you may incur. IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICE, OR FOR ANY LOAN OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, EVEN IF APPS AND GAMES AS OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

3. This contract is based on Kenyan law. These Terms are subject to, and shall be governed by, and
construed in accordance with the laws of the Republic of Kenya, without reference to the principles of
conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of
these Terms shall be submitted to arbitration in the English language before a sole arbitrator to take
place in Nairobi, Kenya as the seat of the arbitration. The arbitration shall be conducted pursuant to the
Rules of Arbitration of the Chartered Institute of Arbitration (Kenya Chapter). The arbitrator shall be
appointed by agreement between the parties or in default of such agreement within sixty (60) days of
the notification of a dispute, by the Chairman of the aforementioned arbitral body. To the extent
permitted by applicable law, the arbitral decision shall be final and binding on the parties
We may modify these Terms. These Terms may be modified without notice at any time in the future.
Changes will be posted at https://service.o-pesa.com/terms.html. It is your responsibility to remain
informed of any changes as you are bound by the latest version of the Terms.
PRIVACY POLICY
Tenspot Kenya Limited (“we” or “us”) takes your privacy seriously. This privacy policy explains why we
collect data, what data we collect, how we store and transfer that data as well as who we may share the
data with. You specifically authorize us to collect and process data in accordance with this privacy policy.
A. Why we collect data.
We collect certain data to be able to provide the Service to you. We also collect data for use in verifying
your identity and creating credit scoring models to determine what loans can be offered to you. We also
use this data for purposes of collections and credit reporting.
B. What data we may collect from you.
We may collect and process the following data about you.
(i). Information you give us about you (Submitted information):
This may include information:
provided by filling in forms in the App;
provided by corresponding with us (for example, by e-mail or chat);
provided by downloading or registering the App, subscribing to any of our Services (such as applying for
a loan), searching for an app or Service, sharing data via the App's social media functions, entering a
competition, promotion or survey, and reporting a problem with the App, our Services, or our App Site.
This information may include your name, address, e-mail address, M-Pesa number, national ID number,
and other registration information, financial and credit information, personal description and
photograph.
(ii). Information we collect about you and your device.
Each time you use our app we may automatically collect the following information:

4. technical information, including the type of mobile device you use, unique device identifiers (for
example, your Device's IMEI or serial number), mobile network information, your Device’s operating
system, the type of browser you use, or your Device’s location and time zone setting (Device
Information);
information stored on your Device, including contact lists, call logs, SMS logs, Facebook friends, and
contact lists from other social media accounts (Content Information);
data from your use of any other third-party application on the Device; and
details of your use of any of our Apps, including, but not limited to, traffic data, location data, weblogs
and other communication data (Log Information).
(iii). Location information.
We may also use GPS technology OR other location services to determine your current location. You can
withdraw your consent to our collection, processing or use of this information at any time by logging out
and uninstalling the App from your Device.
(iv). Information we receive from other sources (Third Party Information).
Due to the nature of the Services which we provide, we are required to work with a number of third
parties (including credit reference bureaus and mobile network providers) and we may receive
information about you from them.
(v). Unique application numbers.
When you install or uninstall a Service containing a unique application number or when such a Service
searches for automatic updates, that number and information about your installation, for example, the
type of operating system, may be sent to us.
C. How we transfer and store data.
Because we are a part of an international group of companies with data-centers around the world, your
data may be transferred to other countries including countries which do not have the same level of data
protection laws as those in the country where you are located. We will, however, ensure that your data
is protected to a strict standard.
D. Who we share data with.
We may share your data with third parties in certain circumstances. We may, for example, share data
with:
(i)credit bureaus, in requesting credit histories or reporting loan defaults;
(ii)collections agencies, in seeking to collect overdue Loans;
(iii)government bodies and law enforcement agencies, to comply with the law;
(iv)professional advisers, to enforce or defend our legal rights; or

5. (v)with a purchaser or seller in connection with a corporate event such as a merger, business acquisition
or insolvency situation.
E. Contact information.
If you have any questions about this privacy policy or other privacy issues, we can be reached at:
privacy@o-pesa.com