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General terms and conditions

ASSETISHA PLATFORM

GENERA­­­L TERMS AND CONDITIONS

  1. Introduction
    • This agreement outlines the terms and conditions (the “Terms“) between you  and Naivera Holdings Limited Company (the “Company”, “Assetisha”, “we“, or “us“) .

 

  1. Definitions
    • “Agreement/User Agreement” means mutually reached consensus between the Parties on the use of the platform according to the User Agreement, which incorporates a set of general terms and conditions that are applicable to all transactions entered into by the User within the platform. The User Agreement shall be confirmed by the User electronically when creating the User’s Profile.
    • “Available Balance” means the un-invested cash held on your behalf in the segregated client account;
    • Borrower– means any party who has registered with us through the Website with a view to borrowing money from prospective Lenders;
    • “Business Day” means a day (other than a Saturday and Sunday or Public Holiday) when banks in the Republic of Kenya are open for business;
    • “Client Money Account/Holding Account” means a bank account where cleared funds which you deposit with us as a potential lender are held on your behalf to enable you to participate in a Loan. The funds are deposited into Naivera Holdings Limited Account, Equity Bank Limited garden City Branch, No. 1750279289984. The deposited funds are then reflected in the User’s Personal e-wallet in the Platform;
    • “Default Event” means the failure of a Borrower to comply with the terms of a Loan Agreement;
    • “Information” meansany of the information that can be viewed or downloaded from the Website (including the Platform) and includes, but is not limited to, data, pricing information, Terms, images, reports, policies and software. It also includes our copyright, Intellectual Property Rights, Information Technology or other commercially valuable property;
    • “Information Technology” meansall computer hardware (including network and telecommunications equipment), databases, and all computer software (including the Platform or any software required for the Platform) owned, used, leased by us;
    • “Intellectual Property Rights” meansall patents, rights to inventions, copyrights and related rights, trade marks, business names and domain names, goodwill and right to sue for passing off, database rights, right to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim property form, such rights and all similar or equivalent rights or forms of protections which subsist or will subsist now or in the future in any part of the world;
    • “Lender/Lender Member”means a person who has completed the registration process to use the platform and has been accepted by us for membership with a view to lending money to prospective Borrowers;
    • “Lending Opportunity” meansan opportunity for a Lender Member to participate in a Loan, the details of which (including the amount, duration and interest rate of the Loan together with brief background) are made available via the Platform, which a Lender Member may choose to accept through the Platform and enter into a Loan Commitment in respect of such Loan;
    • “Loan” meansa loan to a Borrower made under a Loan Agreement;
    • “Loan Agreement”means any bilateral agreement between Lender and a Borrower in an amount as agreed in accordance with these Terms;
    • “Loan Commitment” meansthe binding commitment from a Lender Member to participate in a Lending Opportunity through our Platform by making a Loan for which the Lender Member has sufficient funds in our Client Money Account.
    • “Loan Request” means the acceptance by a potential borrower of a binding term sheet to borrow money, the details of which have been placed onto the Platform for viewing by Lender Members;
    • “Match“, “Matches”, “Matched” or “Matching” refers to the process of matching a Borrower with one or more Lenders through the execution of a Loan Agreement by a Lender;
    • “My Account” means your personalized secure area of the Platform (accessible through your log-in details) which shows the Loan Agreements to which you have been Matched, your Lending Commitments and your Available balance in the Holding Account;
    • “Platform” meansthe internet based peer-to-peer lending service provided by Assetisha and includes all secure areas of the Website in addition to any technology made available to Lenders. The Platform meaning also includes Assetisha’s app designed for peer-to-peer lending service ;
    • “Price List” means the effective price list of Assetisha services published within the Platform and our website, which is an integral part of the User Agreement;
    • “Privacy Policy” meansour privacy policy governing the use of your data which can be found at our Website;
    • “Repayment” means each repayment due and payable by a Borrower under a Loan Agreement.
    • “Security” meansany security instrument as indicated in the respective Loan Agreements which a Borrower provides in order to secure a Loan.
    • “Security Trustee” means Naivera Holdings Limited (Assetisha) who shall secure collateral from Borrowers; or any other third party entity designated by Assetisha as a Security Trustee for the purposes of this User Agreement;
    • “Services” meansthe services offered to you through the Website or Platform.
    • “Service Fee” means a fee payable by the User to Assetisha for marketing and processing of services according to the provisions of clause 21 of this User Agreement. The Service Fee is indicated on the Price List updated regularly;
    • “Service Providers” mean third party suppliers who provide either a service or product to us which are used by us to provide the products and services that we offer to you. Such Service Providers include mobile money transfer systems and arrangements, credit reference agencies, online identification verification software, banking applications and the technology that supports the Website and Platform.
    • “User(s)” means a natural person or a legal entity registered on the  Platform as its user, including the Lender(s) and Borrower(s);
    • “User’s Profile” means the User’s personal site within the Platform, which is automatically created by Assetisha after the User registers within the platform and is constantly available to the User after the process of the verification within the Platform by entering the User’s log in details to the platform’s system;
    • “We”, “us”, “our” and “Assetisha” means Naivera Holdings Limited (Assetisha) whose registered office is at Astrol Business Centre near Safaripark Hotel, Thika Road, 2nd Floor 201c and trades as Assetisha;
    • “Website Terms of Use” means the Website and Platform terms of use found at the website;
    • “You” and “your”– means you, a registered user of the Service, being either a Borrower or a Lender.

 

  1. Interpretations

In this agreement the following rules of interpretation shall apply:

  • Clause and paragraph headings shall not affect the interpretation of this agreement;
  • a reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives and successors;
  • unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
  • unless the context otherwise requires, a reference to one gender shall include a reference to the other genders; and
  • “Participation” in a Loan means having an interest in such Loan because you made such Loan to the Borrower pursuant to a Loan Agreement.

 

 

 

  1. Basis of Agreement
    • These Terms and the terms of any Loan Agreement to which you are Matched constitute the terms on which you agree to lend money to third party Borrowers through the Platform.
    • The Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Company which is not set out in these Terms.
    • These Terms apply to any Services we provide to you, to the exclusion of any other terms that may be imposed or incorporated, or which are implied by trade, custom, practice or course of dealing, save where any such terms are agreed by us in writing.

 

  1. The Service
    • Through the Website our principal role is to perform administrative functions on behalf of Borrowers and Lenders in order to bring together prospective Borrowers and Lenders, to provide a streamlined process for entering into Loan Agreements and to coordinate and facilitate the payment and collection of sums due under or in connection with such Loan Agreements (including certain limited actions upon a Borrowers default) as set out in this Agreement.
    • A Lender must form their own opinion regarding the creditworthiness of a Borrower and undertake its own assessment of each Borrower for each Loan Agreement, and where appropriate, seek its own independent financial and/or legal advice.
    • We make available certain information about a Borrower’s application, with the intention of helping to inform Lenders. This information is supplied by the borrower and sometimes we do not edit this information. The risk of non-payment should be taken into account by the Lender in deciding whether to enter into a Loan Agreement and in deciding the terms for their Loan.

 

  1. Representation and Warranties

Representations and warranties are statements and promises made by you to us upon which we rely on being accurate in our dealings with you. Therefore, you make the following representations and warranties to us at the time of entering into this agreement and every time you use the Platform or our Services or upon entering into a Loan Commitment:

  • Lender’s

The following representations and warranties must be satisfied before the Lender can use the Service:

  • The Lender is of sound mind and have the capacity to enter into these Terms and be Matched to each Loan Agreement;
  • all personal information that the Lender has provided about himself is accurate and true to the best of his knowledge;
  • The Lender holds a bank account and/or a mobile money transfer account in Kenya in their own name, and will use this account to transfer money to their Holding Account and any repayment to the Lender will be repaid to this account;
  • The Lender has carefully considered the risks involved with using the Platform, the Services and being Matched to Loan Agreements and also the risks associated with peer-to-peer lending, including but not limited to the possibility of losing all the money they lend;
  • The Lender will only ever lend his own money unless he is authorized on behalf of a third party (“Third Party“) and we agree that the Lender may act on behalf of that Third Party. We may request that the Lender provides written authorization from the Third Party confirming they have the necessary authority to deposit and lend money on their behalf;
  • if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you must be legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization);
  • The Lender (as an individual or a legal entity) must only register as a Lender once with the Company and only hold one Holding Account, except where the lender has registered as a Lender in their personal capacity and have disclosed to us that they are seeking to register as a Lender on behalf of a separate legal entity or a Third Party;
  • The Lender is not breaching any laws or regulations that are applicable to them or any company, trust or partnership upon whose instructions he is acting; and
  • if you are not a resident of Kenya, the Lender’s use of the Platform or being Matched to Loan Agreements does not violate any laws or regulations applicable in his country of residence
  • Borrower’s

The following representations and warranties must be satisfied before the Borrower can use the Service:

  • the Borrower must be an individual or a business which is operating as and is registered as such in the Republic of Kenya;
  • the Borrower must have a bank account and/or a mobile money transfer account  in Kenya registered in their respective name;
  • the Borrower must have a permanent place of business in the Kenya;
  • the Borrower agrees that the details that it submits to us about its business is true and may be published on the Website and disclosed by us directly to a Lender.

It is within our absolute discretion as to whether or not a Loan Request is published on the app/website.

  1. Borrower and Lender Checks
    • As part of the registration process, we will check your identity. We may do this using our own processes, or we may require you to send us copies of the passports, other identification documents and any other documents to this regard. Providing the necessary information and all the documents we ask for is a pre-condition to using our Service.
    • Having registered with us and applied to borrow money through us, we will undertake credit checks and fraud checks on the Parties.
    • You warrant to us, and each Lender and Borrower warrants to each other, that all information submitted by them in the course of the application and borrowing process was at the time of its submission, and is at the time a Loan Agreement is entered into, true, accurate and not misleading.

If any information changes so that this is no longer the case, you must immediately update the information so that it complies with the warranty in this clause. Such updates will be made available to the other interested parties. A failure to provide accurate information may result in a breach of the Loan Agreement.

  • As part of the account opening process you will be asked to provide personal information about yourself. We will use this information to attempt to verify your identity using a number of electronic checks.
  • You agree that that we may pass your personal information to our Service Providers or any other recognized third party solely for the purposes of verifying your identity, performing anti-money laundering checks and fraud prevention.
  • We do not have to accept you as a Lender Member nor accept any funds from you until we have satisfied ourselves, at our own discretion, that we have sufficient and appropriate information to accept you as a Lender Member. We do not have to give you any reason for rejecting or delaying an application from you, even if you satisfy all of our usual eligibility criteria.
  • We may, from time to time and in accordance with our regulatory obligations and internal procedures, perform additional anti-money laundering checks and fraud prevention checks. If you do not pass such checks, we may close your Assetisha account in accordance with clause 26
  1. Username and Passwords
    • When you register with us, you will need to choose a username and provide an email, mobile telephone number and address. You will also need to choose a password. These are necessary to access the restricted areas of the Website.

It is your responsibility to keep this information confidential so that it can only be used by you. We accept no liability whatsoever for any activity on your account by anyone using your logon information. If you suspect that there has been unauthorized use of your account of any kind whatsoever, or your login information has become known to anyone else, you must notify us of this immediately.

  • You undertake to us that you will not in any way change or attempt to change or avoid the login procedure used on our Website.
  • In our absolute discretion, and for your protection, we will have the right to refuse to act on your instructions where we suspect that access has or is being gained by persons unauthorized to do so, or we suspect other illegal or fraudulent activity.

 

  1. Lender Identification
    • As part of the account opening process, you will be asked to provide personal information about yourself. The Company will use this information to verify your identity using a number of electronic checks.
    • You agree that that we may pass your personal information to our Service Providers or any other recognized third-party solely for the purposes of verifying your identity, performing anti-money laundering checks and fraud prevention.
    • We do not have to accept you as a Lender or accept any funds from you until we have satisfied ourselves, at our absolute discretion, that we have sufficient and appropriate information to accept you as a Lender. We do not have to give you any reason for rejecting or delaying an application from you.

 

  1. Risk Acknowledgement
    • You acknowledge and confirm that you have carefully considered the risks involved in lending your money through our Platform and that your participation in any Loan Agreement is entirely at your own risk.
    • You acknowledge that by making a Lending Commitment and being Matched to Loan Agreements you are engaging in peer-to-peer lending and that at no time do you, as Lender, lend money to the Company or any member of the Assetisha platform.
    • You understand that you risk losing your money where a Borrower with whom you have been Matched defaults on repayments or on payments of interest and the Company has no liability for any such loss.
    • You acknowledge and confirm that you have made your own independent decision to make Lending Commitments and to be Matched to Loan Agreements and that your decision is based on such information as you deem appropriate under the circumstances as you chose the person to lend. Assetisha may mitigate the risk associated with lending but their liability will be limited.
    • You acknowledge that, subject to these Terms, you will not be entitled to receive repayment of any money until the Borrower to whom you have lent money has made a repayment in accordance with the terms of the applicable Loan Agreement.

 

  1. Appointment of Assetisha as your Agent
    • By agreeing to these Terms, you are appointing Assetisha as your exclusive agent to act in all matters relating to the origination, negotiation, administration and management of your Loans for as long as any of your Loan Commitments remain outstanding, including but not limited:
      • To conduct identity and anti-money laundering checks on each prospective Lender Member;
      • To conduct credit and affordability checks on prospective borrowers to determine their creditworthiness and to agree the amount, term and rate at which they can borrow;
      • To communicate your Loan Commitments to the relevant Borrowers;
      • Without seeking the consent of, or entering into consultation with, you or the other Lenders, to negotiate and enter into agreements relating to a Loan, on your behalf, including the relevant Loan Contract;
      • To advance a Loan to a Borrower;
      • To administer Loans on your behalf, including collecting Repayments due to you;
      • To acknowledge the creation of a trust over any security granted in favour of or held by a security trustee and acceding to the terms of any security trust arrangements on your behalf;
    • Without seeking the consent of, or entering into consultation with, you or the other Lenders:
      • To enter into negotiations and make agreements, waivers and amendments on your behalf relating to the individual terms of any Loan Agreement that you have participated in, whether before or after a Default Event has occurred, including any settlements or compromises in a default situation;
      • To manage the recovery processes where any Borrower has failed to make payments to you under any Loan Agreement or where a Default Event has occurred. As part of this recovery process you authorize us to sub-contract this process to a third party to act on your behalf;
      • To enforce or procure the enforcement of any Loans. Where there has been a Default Event, these terms authorize us and the Security Trustee, in our sole discretion and on your behalf, to conduct, manage and conclude (i) litigation and (ii) all other steps to enforce the Security Documents, against the Borrower;
    • You agree that we, or any agent acting for or on behalf of us, can appoint a third party service provider to perform our duties under these Terms, either temporarily or permanently, partly or in full. In circumstances where such an appointment is made, any rights or obligations in these Terms which relate to us will become the rights and obligations of the appointed third party.
    • Assetisha, the Security Trustee and any other person acting on our or their behalf will act in the interests of the relevant Lender Members as a whole, and will not be required to have regard to your particular interests, or those of any other particular Lender Member.
    • You agree to be bound by the terms of any Loans entered into on your behalf and any amendments to those terms as agreed by us as your agent.
    • We undertake to administer all repayments of capital and interest in accordance with these Terms and the relevant Loan Agreement

 

  1. Security Trustee
    • The Loan Agreements shall be the final documents to determine and designate the collateralization of ventures.
    • The funded asset and/or venture will be collateralized and will be transferred to the owners once the clear their loan obligations.
    • Where a Borrower has agreed to secure a Loan, the type of Security offered will be detailed on the Website on the listing page and also in the Loan Particulars and Special Conditions of the Loan Agreement.
    • In such Loans where it is indicated that Security over the loan is provided, the Borrower’s obligations under the Loan Agreement to you will be secured. Should a Borrower default on a Loan, fail to honour their material obligations of the Loan Agreement or fail to make a repayment, the Borrower and Lender agree to us appointing a Security Trustee. As a security trustee, they shall enforce the Security constituted.
    • In the event of the events described in the clause above come about, the Lender and the Borrower agree to the Security Trustee representing the Borrowers interest as security trustee in respect of any of the Borrower’s liabilities to you as the Lender under the Loan Agreement. In such an event all communication with a Borrower will be made through the Security Trustee.
    • If it becomes necessary to enforce the Security, you agree that the Security Trustee may act on your behalf as your agent to enforce the Security with the aim of recovering money equal to the borrower’s liability to the Lender under each Loan.
    • The Security Trustee will hold the assets charged under the Security Instruments upon trust for itself and for all Lenders to that Borrower (including you) and will have the rights as set out in the Security Instrument.
    • A Security Instrument granted by a borrower may be security for more than one Loan.
    • Where monies recovered are not sufficient to repay all of the Lenders, the net proceeds recovered (after deduction of charges) will be shared between the Lenders on a pro-rata basis.
    • The Security Trustee will hold the assets charged under any security upon trust for itself and for all lenders to that borrower. From time to time the Security Trustee may perform (before or after any enforcement under the terms of the security) all obligations, rights, and benefits given to it by any all assets security agreement, and by any future security that it may take in respect of the debt due under the loan or under any document entered into pursuant to such all assets security agreement.
    • We do not guarantee, nor does the Security Trustee, that by having Security; a Lender will recover all of the money that you have loaned to the Borrower. In the event that enforcement action is taken to enforce repayment of the Loan, it is possible that a Lender will not recover all of the money which is owed to them by the Borrower.
    • Each Lender agrees that the Security Trustee shall be entitled to be paid, out of the proceeds of any recovery under the Debenture, an amount equal to its reasonable costs (including legal and other professional costs) incurred by it in taking action to pursue repayment of the loan following a default.

 

  1. Platform Access and Use
    • The Platform and Website is, at all times, subject to our Website Terms of Use.
    • Secure access to the Platform is provided by way of your username and password. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username and password secure at all times and do not store them on a device or computer that would permit someone else to impersonate you.
    • If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.
    • You confirm that you will not provide your username and password to any third parties and, in the event of any breach of this clause you shall be responsible for any actions performed on your account by any such third party.
    • You confirm that you will only use our Platform for the purposes set out in these Terms.
    • You confirm that you will not attempt to gain unauthorized access to the secure areas of the Website or Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the Website.
    • You understand that we may store your IP address information and may monitor your use of the Website in accordance with our policy.
    • Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance and updating.
    • We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or the instruction was not made by you, or we believe that the instruction may be related to an illegal activity.
    • You are responsible for any telecommunication costs, broadband fees or data charges that you incur though your access to the Platform.

 

  1. Lending
    • You acknowledge and confirm that, when you offer to lend money through the Platform, you will be offering your money to be lent by the Platform to a Borrower through peer-to-peer lending and you are not lending money to either the Company or any member of Assetisha.
    • In order to lend money using the Platform, you must make a Lending Commitment through the Platform by selecting one or more Products and indicating the maximum amount you wish to commit in relation to each Product.
    • You may make one or more Lending Commitments in one or more Products provided that you have cleared available funds in your Holding Account up to the aggregate amount of the Lending Commitments.
    • You can send funds to your Holding Account by mobile money transfer or bank transfer. All funds must be sent from a bank account and/or mobile money transfer account in your name. Once the funds have cleared, you will see the balance available in the “My Account” section of the Platform.
    • Upon receipt of your Lending Commitment, we will aggregate your Lending Commitment with the Lending Commitments of other lenders on the Platform and Match you with one or more Borrowers through the Matching System.
    • You will only be paid the rate of interest set out in your Lending Commitment. You will earn 60% of the total interest paid by the borrower, while the platform will take 40%. You have the option of withdrawing interest paid on monthly basis or biannually.
    • You hereby irrevocably appoint the Company as your agent to perform all duties relevant to the Loan Agreements for as long as these Terms remain in force and to manage the recovery processes where any Borrower has failed to make payments to you under any Loan Agreement or where a Default Event has occurred. As part of this recovery process, you provide us with the requisite authority to sub-contract this process to a third party to act on your behalf.
    • As the circumstances may require, you agree that any Security provided by a Borrower shall be held by the Security Trustee and the Security Trustee shall be entitled to enforce the Security on your behalf where necessary.
    • You are not permitted to vary or cancel the terms of any Loan Agreement to which you are Matched as a Lender.
    • All of your Lending Commitments are visible to you within the Platform.
    • The Company may, in its absolute discretion, repay all amounts, together with accrued interest, that may be owing to you at any time pursuant to a Loan Agreement or a Lending Commitment without prior notice.
    • In order to lend your money using the Platform you must make a Loan Commitment in a minimum amount of Kshs. 20,000. Before you can make a Loan Commitment you must have cleared funds in our Client Money Account. The average price of the asset to be funded-a motorbike will be Kshs 125,000.

In case your investment is less than Ksh. 125,000, you can join a pool of investors who will fund one asset. You will be advised by us once the pool has qualified, which can take a period of 1 to 5 days.

  • Once a Loan Request is fully funded, we will execute a Loan Agreement with the Borrower on your behalf as your agent. This creates a Loan Contract, which is a separate, direct contractual relationship between you as a Lender Member and the relevant Borrower. The terms of such Loan Agreement will govern a number of Loan Contracts between the Borrower and certain other Lender Members.
  • Once a Loan Agreement has been entered into with the Borrower, you are bound by its terms for the full term of that Loan as set out in the Lending Opportunity.
  • Interest on any Loan shall start to accrue either on the day that you make a Loan Commitment or the day the Loan in which you have participated is drawn down by the Borrower, depending on the terms specified in the Lending Opportunity.
  • All of your Loan Commitments and Loans are visible to you within the Platform. You can also view how much of your Loan Commitment has been made into Loans at any one time from within the Platform.
  • You agree that all Loans that you enter into through the Platform can be repaid by the Borrower early without notice and in such event we have the right to repay your capital and accrued interest into our Client Money Account at our absolute discretion without prior notification.
  • You agree not to take, purport or threaten to take any action or commence any process against any Borrower in your own name (including without limitation if a Default Event has occurred). Unless we choose in our sole discretion to seek the input from relevant Lender Members, we will take all such decisions. This includes the right to make amendments to the Loan Agreements with the agreement of the Borrower and without consulting with or obtaining consent from you or the other Lender Members. Such amendments could include reducing the amount of principal of the Loans, reducing the interest rate on the Loans, extending the final repayment date, issuing waiver letters and releasing Security or guarantees. We will also instruct the Security Trustee with regards to matters relating to Security.
  • We reserve the right to reject a request to participate in a Lending Opportunity or any Loan Commitment if you use the Website or the Platform in any of the following ways:
    • in any way that causes, or is likely to cause, the Platform or access to it to be interrupted or damaged in any way;
    • in any way that breaches or potentially breaches these Terms or the Website Terms of Use;
    • for fraudulent purposes, or in connection with a criminal offence;
    • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
    • to cause annoyance, inconvenience or needless anxiety or in a way that restricts or inhibits anyone else’s use and enjoyment of the Platform; or
    • for a purpose for which the Platform is not intended or other than as a marketplace for lending to SMEs.
  • We may determine, at our absolute discretion, when our Platform or any part of it is open and we can close the Platform or any part of it at any time. We are not obliged to accept any offer made on the Platform.

 

  1. Loan Agreements
    • For the avoidance of doubt, any Loan will be subject to the terms and conditions of the Loan Agreement, which shall comprise:
      • the Loan Conditions; and
      • the Loan Particulars
    • Entry into a Loan Agreement is an automatic process supplied as part of the Service. When a Loan Request is fully funded, we will automatically populate all parts of the Loan Agreement and arrange for its execution by the Borrower.

 

  1. Missed Repayments
    • If the Borrower fails to make a full repayment (including interest) to a Lender, we shall within reason, repeatedly contact the Borrower to ask them to pay the overdue amount immediately. If our re-attempt to collect the funds fails beyond 2 business days after the payment was due, the borrower’s account will be treated as an overdue account and we will continue to attempt to collect the funds.
    • If payment has still not been made 7 days from the date payment was due, Assetisha may implement an administration fee of up to 15% of the missed payment amount. This fee will be immediately payable and is in addition to the repayment amount due.
    • Where Assetisha incurs additional costs in recovering a repayment on behalf of the lenders, the Borrower will also be liable to cover these fees.
    • If the Borrower misses, fails to pay partially or in full, one or more consecutive monthly installments or is found to be in breach of the Site Terms and Conditions, Security Instrument or Loan Agreement, they may be deemed to be in default. When a loan is deemed to be in Default, we will notify the Borrower and relevant Guarantors of the Default and begin pursuing the total loan amount outstanding.
    • In addition Assetisha will, where it deems necessary and in the best interest of recovering the amount owing to the lenders demand immediate repayment of the loan amount outstanding, including all outstanding accrued interest and costs incurred.

This clause is likely only to be implemented where Assetisha no longer enjoys the cooperation of the Borrower and believes the loan to be at risk and justifies the action ahead of the above-proposed schedule.

Assetisha will at all times attempt to act in the best interests of both the Lenders and the Borrowers, but will ultimately seek to protect the interest of the outstanding amount owed to Lenders.

  • Following 16.1 above, we may refer the missed repayment to a third party collection agency who will attempt to collect the money on behalf of the lenders. The Collections Agent may deduct up to 30% of the amount they recover from the borrower and the remaining proceeds will be distributed to lenders; where reasonably possible, this fee will be added to the amount owed by the Borrower.
  • We will use best endeavours to keep you up to date with the progress of any efforts to collect missed payments or collect on defaulted debt.
  • Where a loan is placed in default, we will notify you of this, and inform you that your entire outstanding loan to the borrower will need to be transferred to the security trustee to allow legal proceedings to commence. You will have 7 days in which to opt out of this transfer should you decide to pursue the Borrower for the debt directly, but with the authorization of Assetisha.
  • In circumstances where the relevant Loan is secured, the Security Trustee will be entitled (but shall not be obliged) to take such reasonable steps are it is entitled to take as Security Trustee under the Security Instrument.

 

  1. Interest Payment Policy
    • You shall start to accrue either on the day that you make a Loan Commitment or the day the Loan in which you have participated is drawn down by the Borrower, depending on the terms specified in the Lending Opportunity
    • The rate of interest that will accrue on the amount of your Lending Commitment shall be that rate set out in the Product which comprises your Lending Commitment.
    • Interest rates in our platform will be shared 60%:40% , lender and platform. You have the option of withdrawing interest paid on monthly basis or biannually.
    • Accrued interest shall be paid directly to your Holding Account and such payments shall be made in accordance with the terms of the Products which comprise your Lending Commitment.
    • The interest earned will be withdrawable via the Assetisha platform.

 

  1. Client Money/Holding Account
    • The client Money/Holding Account is provided as a temporary service to hold any money you wish to have cleared and ready when making Lending Commitments.
    • The client Money/Holding Account can be topped up through mobile money transfer systems, banks, or any other method compatible with the Assetisha platform.
    • Lender’s money in client Money/Holding Accounts will be reflected in the e-wallets on the Platform.
    • All money deposited by Lenders in the Holding Account is held in a segregated bank account namely- Naivera Holdings Limited Account, Equity Bank Limited garden City Branch, No. 1750279289984. The deposited funds will then reflected in the User’s Personal e-wallet in the Platform. Assetisha has furthermore elected that it will hold all such money together with other money that Assetisha holds for other persons in the conduct of its activities (including other Lenders such as corporates).

All such money is recognized as client money. When you enter into this Agreement you are deemed to consent to this arrangement.

  • Summarily, the treatment of the Cash in Holding Account as a client money account means that, were we to default or cease to operate:
    • the moneys standing to the credit of the Cash Holding Account would then be rate-ably returned to the Lenders who had placed moneys there if the total is insufficient to satisfy all such obligations; and
    • certain procedures apply that enable the distribution of these moneys as priority distributions to be overseen by any liquidator or administrator of the affairs of the Company.
  • Please note that we do not accept responsibility to you for the solvency of the bank at which the Holding Account is maintained.

 

  1. User’s Rights and Obligations
    • The User undertakes:
      • not to use the Platform for illicit conduct, including fraud and money laundering;
      • upon the registration on the Platform and when using the Platform, to provide only true information;
      • to use only secure means and devices of electronic communications and data transfer;
      • to promptly, however, no later than within 3 (three) Business Days, to inform and update Assetisha, if the User’s name, surname, e-mail address, the User’s Bank Account number or other information provided on the Platform changes;
      • in communication with Assetisha, exercise decency and observe generally accepted behavioural standards.
    • The User is aware of and understands that third parties, who have obtained the User’s password, can access the User’s Profile and the User’s Account and assumes obligations on behalf of the User.

If the User’s Profile and the User’s Virtual Account is used to carry out activities on the Platform using a correct User’s e-mail address and password, it shall be considered that the activities with the respective User’s Profile and User’s Account have been performed by the User himself.

  • The User shall ensure that there are sufficient funds on the User’s e-wallet for performing payments. If the funds on the User’s e-wallet are insufficient, Assetisha shall not execute the payments.
  • The User understands and is informed that Assetisha has an obligation to ensure the confidentiality of the Borrowers’ personal data, therefore Assetisha shall disclose only a limited content information about the Borrower that is necessary for the efficient operation of the Platform and transactions thereto.
  • The User, during the validity period of the Loan Agreement, shall not contact the Borrower in respect of the concluded Loan Agreement, shall not visit the Borrower at its residence or business location, not communicate with him, using means of prompt communication or social networks, not request from the Borrower any payments, without the assistance of Assetisha. The User shall not make any claims against the Borrower and not initiate any claims in court or a court of arbitration against the Borrower without the authorization and assistance of Assetisha.
  • Upon a request of Assetisha to submit additional documents or information in cases prescribed by this User Agreement, the User shall ensure that all required documents and information are submitted via e-mail or uploaded in the User’s Profile for further disposal of Assetisha in English.

 

  1. Assetisha’s Rights and Obligations
    • Assetisha shall, on the instructions of the User and in line with the orders given by the User on the Platform, facilitate a conclusion of Loan Agreements.
    • The User shall undertake not to unilaterally revoke the authorizations included in this User Agreement.

 

  1. Payment for Provided Services
    • We reserve the right and discretion to charge for selected services in our platform.
    • The User shall pay to Assetisha a Service Fee for the selected services provided by Assetisha pursuant to the Price List.
    • Assetisha may withdraw the Service Fee from the User’s Account without additionally coordinating it with the User. Assetisha withdraws the Service Fee only after the funds from the Borrower accrue to the User’s Account as per the Loan Agreement.

 

  1. Term and Termination
    • Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you register to open an account with the Company and shall remain valid and binding for as long as you have outstanding Loan Agreements or Lending Commitments.
    • These Terms may be superseded by any amended Terms in accordance with this User Agreement.
    • These Terms may be terminated by you provided that you have no outstanding Lending Commitments or Loan Agreements. Notice of termination must be provided in writing to the Company via electronic mail.
    • These Terms may be terminated by the Company at any time without notice. This agreement can be terminated by us at any time if:
      • You breach these Terms, the Website Terms of Use, the Privacy Policy or are in breach of any regulatory requirements relating to your activity as a Lender Member on the Platform;
      • You cease to meet any of our eligibility criteria, details of which are available on request;
      • You breach any Loan Agreement;
      • You misuse the Platform in any way contrary to this User Agreement and/or in connection to criminal activities;
      • We suspect that you have committed fraud, been involved in money laundering;
      • It comes to our attention that you have provided information to us which we subsequently find to be materially incorrect, inaccurate or false;
      • You undertake action to contact or engage with a Borrower directly to pursue missed payments or recover outstanding sums without our authorization and approval;
      • You require a disproportionate level of support, assistance or information, that becomes impractical for our customer service and management teams to provide; or
      • In the event of death or bankruptcy.
    • In our opinion, any action you take (or fail to take) has or will have an adverse effect on the Platform or our reputation;
    • Upon termination, the Company will return any funds held in your Holding Account to the same bank account or mobile money transfer account used to send the money to us unless you have notified us in writing of any change of bank account details.
    • When we receive notification of your death we will immediately suspend your Assetisha account until we receive further instructions from a person with appropriate authority. Before we can release access to such Assetisha account we require the following from the person with appropriate authority:
      • certified copy of the death certificate;
      • sealed copy of the grant of probate;
      • executor(s) written instructions; and
      • if there is only one executor we require a copy of the last will and testament.
    • After the date of death, we will only accept instructions from your appointed personal representative. If there is more than one executor attached to the probate, we will require authority from all executors to release the funds or otherwise manage the account.
    • The appointed personal representative will be granted access to the Assetisha account and they will then be able to take appropriate action to close the account.
    • Once there are no Loans active on the account and the account has a zero balance, it will be terminated.
    • Bankruptcy. If you become bankrupt, you agree to notify us immediately. On notification, we will immediately suspend your account and await instructions from your Trustee or representative. Once you have no Loans and funds have been withdrawn by your Trustee or representative, your account will be terminated.

 

  1. Confidentiality
    • The identity of leads is confidential and we will not (unless required by law) disclose the identity of any anyone except your Independent Financial Advisor or legal advisors.
    • You agree not to make attempts to contact any Borrowers without the explicit authorization of Assetisha.

 

  1. Taxes
    • The Company does not provide any advice or guidance in relation to tax or otherwise and therefore we strongly recommended that you consult an independent financial advisor or tax advisor if you are unsure as to what your tax obligations are.
    • It is your responsibility to ensure that any tax liabilities which you incur (through interest earned on loans placed on the Platform) are paid to the relevant taxation authority. We will not withhold any tax on your behalf except where required by law.
    • The User is aware of and understands that pursuant to the taxation laws and other regulatory enactments applicable to the User, taxes must be paid for the income that the User earns in relation to Assetisha’s peer to peer lending service.
    • The User shall be fully responsible for paying all taxes arising from the income gained from the Platform pursuant to the applicable laws
    • Neither the Company nor any member of Assetisha has any liability in relation to any tax liabilities incurred by you.

 

  1. Privacy
    • You agree that any and all personal information you provide to us via this Website may be collected, stored, processed and used in accordance with our current Privacy Policy.
    • You also further acknowledge that the Company may amend and update this policy from time to time without notice.

 

  1. Intellectual Property Rights
    • All Intellectual Property Rights in or arising out of or in connection with the Platform and the Services shall be owned by the Company.
    • We own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.
    • The Lender acknowledges that, in respect of any third party Intellectual Property Rights, the Lender’s use of any such Intellectual Property Rights is conditional on the Company obtaining a written license from the relevant licensor on such terms as will entitle the Company to license such rights to the Lender.
    • The Platform, the Website, and all Intellectual Property Rights are the exclusive property of the Company.

 

  1. Protecting Company Information
    • All Information is owned by us or our Service Providers. You agree to use our Information only in accordance with these Terms.
    • You agree not to use our Information in a manner which would result in a material commercial gain, other than for the purposes of lending or borrowing through our Platform.

 

  1. Indemnity
    • You agree to indemnify and hold harmless the Company, any member of the Assetisha, any Lender or Borrower, any employee or director or a member of Assetisha company, our Service Providers, and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
      • your fraudulent or illegal use of the Platform, the Services or the Website;
      • your negligence or any default by you of any of these Terms or the terms of any Loan Agreement to which you are Matched;
      • any inaccurate information that you have knowingly provided to us;
      • your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
      • any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform; or
      • any claim made against you for actual or alleged infringement of the Company’s Information Technology or any actual or alleged infringement of a third party’s Information Technology arising out of or in connection with the Services or your use of the Platform.
    • You agree that neither the Company nor any member of the Assetisha has any obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of any Borrower to perform its obligations under the Loan Agreement.

 

  1. Limitation of Liability
    • Without limitation, neither the Company, nor any member of Assetisha, nor any directors, officers, employees, advisors, agents or Service Providers of the Company or of any member of Assetisha, accepts any liability whatsoever for any losses.
  2. Force Majeure Event
    • For the purposes of this clause, “Force Majeure Event” shall mean any circumstance outside the Company’s control including but not limited to any interruptions or failures relating to internet service providers, internet signal, connections, electricity providers, configurations of any Lender’s or Borrower’s computers, any acts of god, flood, drought, earthquake or other natural disaster, any collapse of buildings, fire, explosion or accident, any acts of terrorism, civil war or commotion, riots or any law or any action taken by a government or public authority, including, without limitation, the failure to grant a necessary license or consent.
    • The Company shall not be in breach of these Terms nor liable for delay in performing or failure to perform does any of its obligations under these Terms if such delay or failure result from a Force Majeure Event.

 

  1. Amendments to these Terms
    • We may make amendments to these Terms from time to time to:
      • reflect changes in relevant laws, regulatory requirements industry guidance or a decision of a court or by a regulator;
      • make them clearer or easier to understand; or
      • make changes which benefit you or do not disadvantage you;
      • make changes to our services, introduce new services or withdraw services we no longer offer; and
      • amend our existing services because of changes to technology, systems, processes or our business policies or procedures.
    • Such amendments will take effect 30 days from the date we notify you of such amendments via the Platform, unless the circumstances demand a shorter notice period.
    • Your agreement to any amendments to these Terms not referred to in clause will be indicated either by way of acceptance via the Platform or by acceptance upon making a new Loan Commitment.
    • If you do not agree with any changes that we make to these Terms, you can close your Assetisha account by contacting us by email or by telephone, details of which can be found on the Website. The closure of the account will only be plausible and viable once the current Loan Commitments and Agreements have been fulfilled.
    • By continuing to use the Platform after any changes to these Terms, you accept to be bound by the updated Terms.

 

  1. General Terms and Conditions
    • These Terms of Service are governed by Kenyan law. In the event of any matter or dispute arising out of or in connection with these terms and condition, you and we shall submit to the exclusive jurisdiction of the Kenyan courts.
    • Assignment by Assetisha. You agree that the Company may assign its interest under these Terms to any third party without notice.
    • Personal Assignment. The Company’s rights and obligations under these Terms are personal to you meaning that you cannot assign them to another party without the explicit prior written consent of an officer of the Company.
    • Call Records. The Company may record all telephone calls and other communications for the purposes of security and training.
    • Severability. If any section or element of these Terms is found to be unenforceable, in contradiction of any law, or illegal, such findings shall not affect the validity of the remainder of these Terms. The remainder of the Terms shall continue in full force and effect.
    • All disclaimers, indemnities, and exclusions in these Terms of Service, together with other terms which by their nature are designed to survive termination of this agreement, shall survive termination for any reason of the agreement
    • Electronic communications. The Company shall send all electronic communications to you by way of secure message within the Platform or your personal email. You agree that any notifications sent using this facility within the Platform shall be deemed an acceptable form of written notification.
    • Delay does not mean waiver. If the Company does not strictly apply its rights under these Terms at a specific time, it does not restrict the Company from applying them at any time in the future.

For the purposes of this clause, “Financial Crime Risk Management Activity” means any action to meet compliance obligations relating to the detection, investigation and prevention of financial crime. This may include:

  • screening, intercepting and investigating any communication, application for services or any payment, whether sent to or by you or on your behalf;
  • investigating the source of or intended recipient of money;
  • combining customer information with other related information in the possession of Assetisha; or
  • making further enquiries as to the status of a relevant person or entity, whether they are subject to a sanctions regime, or confirming their identity or status.
  • Entire Agreement. These Terms of Service set out the entire agreement between you and us with respect to your use of the Website and the Services and supersede any and all representations, communications and prior agreements (written or oral) made by you or us.

 

  1. Complaints
    • We consider a complaint as being defined as an expression of dissatisfaction made by you in relation to any of the Services we provide. In the event of you making a complaint, we will make every effort to rectify the problem as soon as practicably possible.
    • If you feel that your complaint or grievance has not been dealt with satisfactorily then we would encourage you to follow the process below to escalate your complaint:
      • Please write to us making clear the details surrounding your complaint. You can send your complaint by email to clientservice@counter1serve.com or call via phone number 0720207273.
    • We will endeavour to respond back to you to acknowledge your complaint within 3 Business Days of receiving it, including details of Assetisha Complaints Policy.
    • We will endeavour to provide a response to your complaint within 10 Business Days of receiving it.
    • If upon our response you are still dissatisfied, you can escalate your complaint to our Managing Director who will investigate the complaint personally and provide a final response to you within 4 weeks of your escalation.

  •  We help you to; Securely Acquire Affordable income-generating  assets and Easily get Affordable finance to develop/acquire properties.

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