Please read these Terms of Use with the utmost care. These Terms of Use form an electronic financial service and an end - user license agreement. By registering for or using any part of the SibukaPesa service (“Service”), you acknowledge that you have read, understood, accepted, and agreed to these Terms of Use, and you will be bound by them. If you do not agree to be bound by these Terms of Use, you must not access or use any part of the Service. These Terms of Use create a legally binding agreement between you, as an individual user (“you” or “your”), and MODEST MICROCREDIT LIMITED (“we”, “us” or “our”).

TERMS OF SERVICE

These Terms constitute a contract. You are not permitted to use the Service if you do not accept these Terms. By using any part of the Service, you are accepting these Terms. If you are under eighteen (18) years of age, you are prohibited from using the Service.

To enable us to provide you with services, you must authorize the provision of specific personal information to us, as detailed in our Privacy Policy. Our Privacy Policy, which governs the Services, is attached to and integrated into these terms (“Privacy Policy”). By accepting these terms and using the Services, you agree to and authorize the collection and use of personal information in accordance with the Privacy Policy.

You must be truthful. You agree to supply true, accurate, and complete information about yourself (“Account Data”) when requested, and you confirm that you have the full authority to provide the Account Data, especially regarding the person you provide as your relationship contact information. You agree to fully indemnify us and ensure we are fully compensated. You also agree to update the account data to keep it current.

You are responsible for the security of your account. You are accountable for maintaining the confidentiality of your password and account. Additionally, you are solely responsible for all activities that occur through the use of your account or password. You agree to notify us immediately if there is any unauthorized use of your account or any other security breach. The use of your account by you and/or any other individual will be considered an authorized transaction, and we hereby indemnify and waive any claims related to the unauthorized use of your account.

You authorize us to verify your details. You hereby authorize us to check your information as we deem necessary. You further authorize us to send your account data and personal information to verification vendors, information vendors, and third parties acting on behalf of SibukaPesa to verify information about you, including but not limited to eligibility, certification, employer background screening, employment verification, proof of employment, criminal record, driver's license verification, passport verification, identity verification, and any other personal information required to verify, screen, and confirm your information. You understand and agree that your consent statement will apply indefinitely to all existing and future requests for personal and verification, screening, and confirmation of information about yourself.

You must repay or roll over your loan by the due date. You must repay the loan by the date specified when you received the loan (the "due date"). Ensure that you repay the loan and interest by the due date. If you do not, we may, at our discretion, charge an additional fee of 0.2% (0.2%) of your loan amount per day (“Overdue Fee”). You must then repay the loan amount, interest, and rollover fees before the rollover period ends.

Failure to repay will result in default. If you still have not repaid the loan amount and fees after 30 days, you will be in default. After default, we may report this to a credit reference agency, and such reporting may impact your ability to borrow money in the future. You will be responsible for any reasonable charges that we or our suppliers may incur in collecting payments in accordance with applicable law. Overdue amounts will be rounded up to the nearest whole Tanzania shilling.

Our fees are in addition to the amount you borrow. After the account registration process, you may have the opportunity to apply for a loan of a certain amount. We reserve the right to reject loan applications for any reason. However, if we accept your application and grant you a loan, we will charge you a fee that you must pay us in addition to repaying the borrowed amount ("interest"). The interest payable is stated with the loan amount when you apply for each loan. You must pay this fee when repaying the loan on the due date.

We may contact you and/or your relationship contact. You explicitly 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 can 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 explicitly authorize us to contact your relationship contact to verify your information when we are unable to contact you or when we have not received a repayment from you. You confirm that your relationship contact has consented to sharing his/her information with us and to us contacting them regarding your use of the Service.

You must respect our rights in the service. We grant you a limited, non - transferable personal right and license to use the Services and any related software applications through which the Services are provided. You may not copy, decompile, reverse engineer, disassemble, attempt to obtain the source code of the software, modify or create derivative works of the software (except and only to the extent that applicable law prohibits any of the foregoing limitations) or manage any to the limited extent permitted by the license terms for use of the open source components).

We may terminate the service. We may, at our sole discretion and at any time, terminate your access to the Services or cease providing the Services or any part of the Services, with or without notice. You agree that we have no responsibility or liability to you or any third party for modifying or terminating the Service or for terminating or suspending your access to the Service.

We are not liable for any damages you may incur.Under no circumstances will we or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages of any kind, including, but not limited to, loss of use, data or profits arising from or in any way related to the use or performance of the services, the delay or inability to use the services, the provision or failure to provide the services, or any loan obtained through the services, or arising in any way from the use of the services, whether based on a contract, tort, negligence, strict liability or otherwise, even if the app and game or any of its suppliers have been notified of the possibility of such damages.

The service is provided without any warranty.The Services are provided “as is” without any warranty. We and our suppliers disclaim all warranties relating to the services, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.If you are dissatisfied with any part of the Service or these terms, your only recourse is to stop using the Service.

This contract is governed and interpreted in accordance with the laws of Tanzania, without reference to its conflict of laws principles. Any matter related to the interpretation, validity, or enforcement of this Agreement that cannot be resolved by mutual agreement between the parties will be referred to arbitration in English by a single arbitrator in Dar es Salaam, Tanzania, which will be the seat of arbitration. The arbitration will be conducted in accordance with the Arbitration Rules of the Chartered Institute of Arbitrators. The arbitral award will be final and binding on the parties and may be enforced as a court order. To this end, the parties unconditionally agree to and submit to the jurisdiction of the High Court of Dar es Salaam, Tanzania.

Unless instructed by us, no modification, variation, or cancellation of this Agreement and this paragraph will have any effect.

This Agreement constitutes the entire agreement between the parties regarding its subject matter, and neither party makes any warranties or representations of any kind other than those stated in this Agreement.

No leniency or indulgence shown by either party to any other party in this Agreement will in any way impair or be considered a waiver of its rights under this Agreement.

Any substantive provision within or forming part of any interpretative provision of this Agreement will be valid according to its subject matter, regardless of the context in which it appears.

Each provision of this Agreement (except only those provisions that are legally essential to form a valid and binding agreement) will be regarded as separate and severable from the remaining provisions of this Agreement. If a court of competent jurisdiction finds any provision of this Agreement (other than only those provisions that are legally necessary to form a valid and binding agreement) invalid and/or unenforceable, despite such invalidity and/or unenforceability, the remaining provisions of this Agreement will remain in full force and effect.

We may revise these terms. These terms may be amended at any time in the future without notice. Changes will be posted on https://www.SibukaPesa.com/privacy.html or its successor URL. It is your responsibility to stay informed of any changes as you are bound by the latest version of the terms.