Y9 MICROFINANCE TANZANIA LIMITED

DEVICE FINANCING AGREEMENT

1. APPLICABILITY AND UNDERSTANDING.

1.1.  Please read these Terms and Conditions, and any schedule/annexure in conjunction with Y9 Microfinance Tanzania Limited Consumer Terms and Conditions that shall form part of these Terms and Conditions (“Condition of Use”).

1.2.  These Terms and Conditions (“Condition of Use”) are available for Y9 Microfinance Tanzania Limited Users, Members and Customers and become effective once you opt in or register for Y9 Microfinance Device Financing Facility (“Service”).

1.3.  Y9 Microfinance Tanzania Limited Device Financing Facility is issued to any person and active customers based in the United Republic of Tanzania, and is subject to these Conditions of Use.

1.4.  Y9 Microfinance Tanzania Limited from time to time will verify, your KYC documents (Identification documents) or amend these Condition of Use or review your scoring limit and have a right either to accept or reject your request for Overdraft services.

2. DEFINITIONS

2.1.  “Agreement” means these Conditions of Use;

2.2.  “Customer Due Diligence” means personal documentation supplied by you to us to confirm your name and current address, in order to meet our regulatory requirements;

2.3.  “Event default” means a situation whereby the Facility is due and unpaid for four (4) days or more or If you commit any breach or fail to observe, keep or perform any of the terms, conditions covenants or provisions of any other agreement between us and yourself in respect of the Facility; or if there is reasonable apprehension that you are unable to pay your debts or we receive any notice that you have admitted any inability to pay your debts as they become due; or if a Garnishee or Attachment Order or a lien created against any of your deposits with us or assets maintained by you is made.

2.4.  “Fees” means the Fees applicable for the Services and include;

         2.4.1.        2.13.1 Processing Fee: (as per our prescribed tariff), this fee is charged whenever a customer  successfully request Y9 Microfinance facility.

         2.4.2.        Any other Fees for the Facility as communicated by us from time to time in accordance with this Agreement and includes any charges, and applicable taxes thereof under the laws of  Tanzania.

2.5.  Force Majeure” means anything outside the reasonable control of a Party including pandemic, an act of war or terrorism, the mobilization of armed forces, civil commotion or riot, natural disaster, industrial action or labor disturbance (excluding industrial action by employees of the Party or its subcontractors), currency restriction, embargo, or a failure of a public utility or telecommunications carrier or system failure/outage, interruption in the processing of the transaction, or delays resulting from circumstance beyond our reasonable control (include power failure and delays in communication with supplier point of sale, internet or other system include your device failure).

2.6.  “Know Your Customer” also known as KYC refers to the customer due diligence obligations imposed on M-Pesa Limited by relevant laws and as may be prescribed or recommended by the Government, Tanzania Communications Regulatory Authority (TCRA) or Central Bank of Tanzania (BOT) from time to time; and

2.7.  “Smartphone” means includes the device financed by Y9 Microfinance and handed over to you.

3. ACCEPTANCE OF TERMS AND CONDITIONS

3.1.  Before opting-in or registering for the Service, you should carefully read and understand these Conditions of Use as they govern the access, use and operation of the Service. These Conditions of Use are available on www.y9bank.com and on the Y9 App.

3.2.  If you do not agree with these Conditions of Use, please click “Decline” on the Opt-in Function. 

3.3.  You will be deemed to have read, understood and accepted these Conditions of Use: Upon clicking on the “Accept” option on the Opt-in Function requesting you to confirm that you have read, understood and agreed to abide by these terms and conditions; and or by using or continuing to use and requesting for the Service.

3.4.  By registering for the Service, you agree to comply with and be bound by these Conditions of Use as amended and revised from time to time and you affirm that these terms and conditions are without prejudice to any other rights that we may have in law or otherwise regarding your registration, access and use of the Service.

4. REGISTERING AND USING OUR SERVICE

4.1.   Y9 Device Financing Facility is a 4G Smartphone facility that covers the financing of a 4G Smartphone which you can obtain at any of Y9 Centres, Y9 Partners (Mobile Operators) or Y9 Agents. You will be subscribed to a membership which will require you to repay the facility costs of that acquired 4G Smartphone for the duration of the Facility.

4.2.  You acknowledge that any Facility granted to you will result in a claim on your mobile money account up to the equivalent of the value of the Facility and Fees applicable to the Facility.

4.3.  Y9 Microfinance shall charge you an interest of 3% per month. This interest is embedded in the initial Down Payment Plan.

4.4.  The Fees will be added onto the Facility and may be deducted from your mobile money account. The Fees will include any applicable taxes, levies and excise duties applicable under the law.

4.5.  Upon acceptance of the Facility, you shall be liable to settle all the outstanding liabilities and claims due against Y9 as listed in Clause 4.1. Except as exercising its security right against the Device as stated in Clause 10.6, Y9 Microfinance shall not accept the repossession of the Device as settlement of your outstanding liabilities upon the signing of this Agreement.

4.6.  In case Y9 Microfinance accepts an initial deposit which is lesser than the prescribed sum as communicated from to time, the said sum shall not be refundable and shall be forfeited in the event that you fail or decline to proceed to accept the device to be financed.

4.7.  Any facility granted must be repaid within the tenure of the Facility. You will not qualify for any new or additional Facility where any facility remains outstanding or are in default of any of these Conditions Of Use for the Facility

4.8.  You hereby accept the terms and conditions of Y9 Microfinance and agree for a direct debit payment from your mobile money wallet to enable Y9 Microfinance to collect loan repayments for the 4G Smartphone as per the membership plan provided.

4.9.  Y9 Microfinance terms and conditions require you to accept and agree for direct debit payments from your mobile money wallet to enable Y9 collect loan repayment for the 4G Smartphone as per the membership plan provided. By signing this Y9 Microfinance Device Financing Facility, you do hereby consent and agree for a direct debit payment from your mobile money wallet.

4.10.  In your mobile wallet statement, you will see a repayment reference for your daily repayment to Y9 Microfinance for your membership and loan plan.

5. LOAN TENURE

5.1.   The Loan shall have a tenure for 400 days from the date of acceptance or issuance of the Device by the Customer.

 6. CREDIT SCORING

6.1.  As part of the customer due-diligence process, Y9 Microfinance will do a background credit check of your mobile and mobile money activities. By consenting to enter this Agreement, you consent to allow Y9 Microfinance to access your historical mobile data and credit history. Y9 Microfinance will use the information provided by you or your mobile network operator or any other credit reference bureau only for the purpose of scoring and ascertaining your credit status.

6.2.  This Device Financing Facility Agreement and your daily repayment limit, and our continued approval of your application for an additional Facility will be determined by your credit score. Y9 Microfinance will perform an algorithm that will determine your credit score thus assessed based on various matters not limited to usage of telecommunication services, mobile money services, other transactions etc.

7. USE OF INFORMATION.

7.1.   You hereby expressly consent and authorize us to disclose receive record or utilize your personal information or information or data relating to your mobile money account and other network services with respect to the Facilities granted under the Service and any details of your use of the Services:

        7.1.1.        To and from our service providers, dealers, agents or any other company that may be or become the our affiliate or subsidiary or holding company for reasonable commercial purposes relating to the Services;

        7.1.2.       To a Credit Reference Bureau;

        7.1.3.       To independent debt-collection agencies;

        7.1.4.       To our lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

        7.1.5.       For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and

        7.1.6.       In business practices including but not limited to quality control, training and ensuring effective systems operation.

7.2.  You authorize us to disclose any information relating to your Y9 wallet and Account to any local or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of any country and as we may deem necessary.

7.3.  You authorize us to disclose, respond, advise, exchange and communicate the details or information pertaining to your Y9 Account and or your Facility to third parties involved in the administration of your Y9 Account and Facilities, updating of databases, or provision of user support.

8. VARIATION, SUSPENSION AND TERMINATION.

8.1.  We may at any time, terminate or vary our business relationship with you and suspend or discontinue your registration and or access to Y9 Microfinance Services:-

        8.1.1.       If you use the Facility for unauthorized purposes or where we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

        8.1.2.      If your mobile money account or agreement with any of the mobile money networks is terminated for whatever reason;

        8.1.3.      If we are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority to that effect or necessitating it;

        8.1.4.      If we reasonably suspect or believe that you are in breach of these Conditions of Use (including non- payment of any amount due from you where applicable);

        8.1.5.      Where your mobile money account becomes inactive or dormant or is deemed recycled; and

        8.1.6.      If we decide to suspend or cease provision of the Facility for commercial reasons or for any other reason as we may determine.

8.2.  You may cancel (i.e. opt out) registration for the Service at any time. You may however not cancel registration if you have an outstanding and unpaid Facility, Overdue Amount or unpaid Fees. If you decide to cancel this facility agreement, then you shall:

        8.2.1.      Settle Pay all the outstanding payments due to Y9 Microfinance immediately upon attempt; and

        8.2.2.     Settle any other Fees that shall be communicated by Y9 Microfinance to you, upon the attempt.

8.3.  Termination shall not affect any accrued rights and liabilities of either party and, in particular, shall not affect your obligations to meet any liabilities incurred prior to such termination.

8.4.  We may terminate our relationship with you and suspend your access to the Service if you fail to repay the Facility for a period of Five (5) accumulated days.

8.5.  Where you have any outstanding Facility for more than accumulated Five (5) days, your right to use the Service will be suspended forthwith subject to awaiting repayment, review limit.

 9. EVENTS OF DEFAULT

9.1.  At any time after an Event of Default has occurred, we have the right to :

        9.1.1.        Terminate the Services with or without notify you or in accordance with Clause 7 above.

        9.1.2.       Declare that the Facility (inclusive all fees and charges) and all other amounts outstanding under these Condition Of Use is immediately due and shall be payable, whereby you are required to settle the Facility with immediate effect; and

        9.1.3.       You authorize us to submit such information (i.e. Event of Default) to Credit Reference Bureaus as when needed or in line with Banking Act or any other regulatory body.

        9.1.4.       Take reasonable measures including engaging an independent debt-collection agency, to recover the amount in default.

        9.1.5.       If you clear the then outstanding loan repayment, then your will receive the unlock passcode and automatically unlock the device.

        9.1.6.       If the Automated unlock fails you should contact Y9 customer support for assistance.

9.2.  The following circumstances shall constitute an Event of Default.

        9.2.1.       a situation whereby the Facility is due and unpaid for four (4) cumulative days or more;

        9.2.2.      If you commit any breach or fail to observe, keep or perform any of the terms, conditions covenants or provisions of any other agreement between us and yourself in respect of the Facility;

        9.2.3.      You are in breach of any covenant, representation or warranty in this Agreement;

        9.2.4.      A bankruptcy petition is filed against you;

        9.2.5.      where you are unable to pay any other party within the meaning of Section 3 of the Bankruptcy Act (CAP 25 R.E. 2019) Laws of the United Republic of Tanzania; and

        9.2.6.      you fail to disclose or provide false, misleading or incorrect information to Y9 in your application for device finance or during the duration of this Agreement.

10. CHANGES TO THESE TERMS AND CONDITIONS

10.1.  We may add to or change these Conditions of Use any time at our discretion.

10.2.  We may add new fees and charges or change existing fees and charges at any time; as a direct result of new legislation, statutory instrument, Government regulations or licenses, imposition or alteration of government tax or as a result of any review of Y9 Microfinance business planning, changes within the industry, recommendations from regulatory bodies or for such other reason as it may in its sole discretion determine.

10.3.  We will try to let you know in advance if we add to or change these Condition of Use. The amount and type of notice that we will give you will follow the necessary channel that apply and available at that time. (For example, we may notify you by letter, electronic mail, telephone (including recorded message or text SMS) or by an advertisement in gazette daily or weekly newspaper or in our website or any other means). The changes will occur before or after we tell you about them, you are advised also to visit our website time to time to view the changes in case due unseen reasons you might not receive updates notification.

11. GENERAL

11.1.  These terms and conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal representatives and successors.

11.2.  You may not vary any of these Conditions of Use and you may not transfer these terms to any other person or business.

11.3.  This Agreement shall be governed by and interpreted in accordance with Tanzania law.

11.4.  All communications under this Agreement will be in either English or Swahili.

11.5.  This Condition Of Use does not replace any other Conditions of Use and shall be read in conjunction with the existing Terms and Conditions and FAQs.

11.6.  Y9 Microfinance shall have legal claim against the devices as security until full and final payment by you to Y9 Microfinance Legal title to the Device shall pass to you only after making full and final payment to Y9 Microfinance including any charges in respect of the Device.

11.7.  You hereby agree that you shall not port the Device phone number to another telecommunications network operator until you have fully discharged all your obligations to Y9 Microfinance under this Agreement. Failure to comply will result in your phone being locked by Y9 Microfinance.

11.8.  You are responsible for any and all liabilities, losses or damages, whether imposed on you or us, which are directly or indirectly attributable to you or any of your acts or omissions while the Device is in your possession. This provision shall survive the termination of this Agreement. To the extent permitted by law, you will reimburse Y9 or your mobile operator as applicable for any expenses Y9 or your mobile operator incur in connection with the defence of any claim or action you are responsible for under this Agreement including but not limited to, actual and reasonable legal fees.

11.9.  You consent irrevocably to any future transfer and assignment by Y9 of the loan, whether as part of the Y9 Microfinance device financing membership plan or otherwise. You also authorize Y9 Microfinance, that in the event of default, to disclose the outstanding balance due on the Devices and means of contacting you to credit reference agencies and collection agencies. You also authorize Y9 Microfinance and 3^rd parties working for Y9 Microfinance to process your payment transaction and other data as part of this Agreement.

11.10.  You should ensure that you pay your daily loan repayment for the loan tenure to avoid being disconnected from using your smartphone.

11.11.  You should ensure that your smartphone has access to the internet to enable your phone can be connected after you have cleared your outstanding loans.

11.12.  You should readily use the Y9 App to clear your outstanding loan amounts or contact Y9 call center to confirm your outstanding loan amount.

12. DISCLAIMER

12.1  You hereby accept and agree that Y9 Microfinance makes no full representation as to merchantability, quality, reliability, or fitness for purpose of the mobile 4G Smartphone under the membership plan.

12.2  The Borrower retains the sole responsibility to obtain all such assurances and warranties directly from the manufacturer of the product.

12.3  Y9 Microfinance shall not be liable for any defect in the product or act or omission of the manufacturer, except for:-

       12.3.1.       The membership plans and the benefits shall be valid for a period of 400 days from the date of purchase/ activation.

       12.3.2      The Borrower accepts the responsibility to check the product before acceptance of delivery and collect invoice and warranty papers directly.

13. COMMUNICATION & COMPLAINTS

13.1  If you are not satisfied with any aspect of the service offered, please contact Y9 Customer Care Centre by calling 0800750260. They will be pleased to help and explain the complaints procedure in more detail. We will try and resolve your complaint as soon as possible. Often however, the complaint will need to be investigated. If this is the case, we will respond to you within 5 Business Days to acknowledge receipt of your complaint and we may respond to you how long it will take for your complaint to be resolved. If your complaint cannot be resolved you will be advised accordingly.

14. E-SIGNATURE

14.1  You shall sign a consent form upon successful fulfilment to declare your original signature, which is to be relied upon for the purposes of verifying the authenticity of electronic versions of your signature in documents. You also hereby declare that this record of your signature may be used for the purposes of verifying the authenticity of electronic signatures that are set out in agreements or documents as being the true representation of your written signature. It is your duty to notify Y9 Microfinance immediately if you change your signature. Y9 Microfinance shall not be liable for any liabilities, losses or damages as a result of your failure to comply with this requirement.