CEMES Ltd is a micro-credit organization that focuses on financial intermediation to the population at the bottom of the pyramid with a view of enhancing financial inclusion to support micro-businesses and strengthen community institutions as a way of fighting poverty.
These Terms and Conditions (the “Terms”) are entered into by and between:
Centenary Micro Enterprises Services Limited, company incorporated under the laws of the Republic of Kenya with a company registration number CPR-2015-216292 (hereinafter called the “CEMES” or” Lender” or “us” or “we”)
The Customer identified on the digital loan application form (as hereinafter defined) (the “Customer”, “you”
The "CEMES" brand name and logo are owned by CEMES. Rights reserved. This agreement ("Terms and Conditions") is a financial service and end-user licensing agreement between Customer and CEMES. It sets out the terms and conditions applicable to the Services.
Under these Terms and Conditions from time to time through the App or (as the context requires) the principal amount outstanding for the time being of that loan and includes any interest, fees and any monies due from you to CEMES.
“PIN” means personal identification number, a secret number used in electronic financial transactions and required to access the System and complete a transaction.
For the purposes of these Terms and Conditions:
“Account” means the account with CEMES opened and operated in accordance with these Terms and Conditions and in which your Loan will be placed.
“App” means our mobile, USSD or web-based loan applications “Credentials” means your personal credentials used to access the App and operate your Account.
“Credit Reference Bureau” means a credit reference bureau duly licensed by the Central Bank of Kenya, to among other things, collect and facilitate the sharing of customer credit information.
“Data Protection Act” means the Data Protection Act, 2019 which makes provision for the regulation of the processing of personal data and provides for the rights of data subjects and obligations of data controllers and processors.
“Loan” means the principal amount of the loan, in such amount as CEMES may determine in its absolute discretion, made or to be made by CEMES to you basis on which any personal data we collect from you, or personal data that you provide to us, will be processed and used by us.
“SMS” means a short message service consisting of a text message transmitted from your mobile phone to another.
Unless the context requires otherwise in these Terms and Conditions: the singular shall include the plural and vice versa. clause headings shall not affect the interpretation of these Terms and Conditions.
Before downloading or
streaming the App or opening
an Account via the System,
read and understand these
Terms and Conditions, which
govern the App and Account.
If you disagree with these Terms and Conditions, please click "Reject" in the System or do not download, install, or apply. Otherwise, you are deemed to have read, comprehended, and agreed to these conditions.
The continuing use of the Services or the Account constitutes your affirmative agreement to be bound by any such alteration or variation. We'll notify you of any changes and post any additions to these Terms and Conditions, together with the date of publication and any applicable amendment. This may affect the terms of any new loan you obtain.
Updates to the Terms and Conditions or App may be sent by app notification or SMS. You may not be able to use the Services until you've downloaded or streamed the latest version of the App and accepted any amended Terms and Conditions, if applicable. You can reject the modified TOS. You won't be able to access the Services if you reject the amended terms.
CEMES maintains the right to decline your application, any new application for the Services, or to revoke a granted application at any point without giving you notice.
Your loan application will be evaluated based on CEMES's criteria, including your credit profile and determine your Loan limit.
CEMES will credit your Mobile Money Account with the amount you requested, if your Loan application is approved.
Unless otherwise instructed by CEMES, you should make all Loan-related payments through the Mobile Money Service and System
Personal and Relevant information
You authorize CEMES to verify any information you provide against the information held by Mobile Money Services Providers in relation to your Mobile Money Account pursuant to the agreement between you and the relevant Mobile Money Services Provider for the provision of its products and services and the Mobile Money Services.
The information that CEMES may verify against the information held by Mobile Money Service Providers, the Integrated Population Registration System (“IPRS”), or other authority or person includes (without limitation): your phone number, name, date of birth, national identification number (“ID”) or passport number and such other information that will enable us to identify you and comply with the “Know Your Customer” requirements.
You hereby consent to CEMES:
To verify Personal Information and Relevant Information with Mobile Money Service Providers and uses it as needed.
To contact you at reasonable time to verify your details, ask for further information or clarification.
To collect your credit information from Credit Reference Bureaus and consent to their disclosure, exchange, and transmission of such Personal Information.
To disclosure, exchange, or transmit your Personal Information to third parties involved in your Account's administration, support, or risk management. These organizations may include but are not limited to debt collection agencies, cloud computing platforms and server providers, CEMES parent holding company, or user support service providers.
All payments you make under
these terms are computed
without tax. If taxes are due,
you must pay CEMES the sum
multiplied by the tax rate. You
must do so upon paying.
You agree that CEMES may withhold money from your Account if a tax authority requests it, if CEMES is compelled by law or by an agreement with a tax authority to do so, or if CEMES needs to comply with internal policies or a tax authority's order or consequence
Fail to pay a Loan amount
when due unless an
administrative error or
technological difficulty caused
Are subject of a bankruptcy petition or order.
Die or are permanently incapacitated.
Aare accused or convicted of unlawful, money-laundering, or corrupt activities
Violation of any other term, condition, or covenant; or
CEMES may, if an Event of Default has occurred and/or is ongoing, without prejudice to any other legal right or remedy:
Terminate these Terms and Conditions and close your Account.
declare that the Loan and all accrued interest, charges and all other amounts outstanding under these Terms and Conditions are immediately due and payable, whereupon they shall become immediately due and payable; and
Supply information concerning the Event of Default to Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request.
We may, with notice to you, cancel or alter our business relationship with you, close your Account, and request repayment of outstanding obligations and credits within a time wedetermine in our sole discretion:
if you use the Account
for unauthorized or unlawful
purposes or where we detect
any abuse/misuse, breach of
content, fraud or attempted fraud relating to your use of
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.
if we suspect you are in breach of these Terms and Conditions and you fail to rectify (if remediable) within 14 days after notice by email, SMS, or other electronic means asking you to do so.
where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety.
to facilitate update or upgrade the contents or functionality of the Services from time to time.
if we decide to suspend or cease the provision of the Services for commercial reasons or for any other reason as we may determine in our absolute discretion; or
if you breach any of the License Restrictions or the Acceptable Use Restrictions.
Termination shall not affect any accrued rights and liabilities of either you or CEMES.
If CEMES gets notice of your demise, it will not authorize any operation or withdrawal from your Account until your legal representatives or executors of your estate produce a documented grant of letters of administration or probate.
CEMES is not
responsible for any loss you
suffer if the Services are
interfered with or unavailable
due to the failure of your
Equipment or any other
CEMES's control, including,
but not limited to, Force Majeure or error, interruption,
system downtime delay or
non-availability of the System,
terrorist or enemy action,
equipment failure, loss of
power, adverse weather, or
atmospheric conditions, and
If our services are interrupted or unavailable, our sole duty under these Terms and Conditions is to restore them as quickly as possible.
We are not liable for any loss of profit, expected savings, indirect or consequential loss or damage of any kind, howsoever caused, arising out of or in connection with the Services, even if the likelihood of such loss or damage is informed to us.
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
You absolve CEMES from all liability for loss or damage you may sustain from CEMES acting on your instructions or requests per these Terms and Conditions. The indemnity shall also cover the following:
all demands, claims,
actions, losses, and damages
of any kind that may be
brought against CEMES or
that it may suffer or incur as a
result of its acting or failing to
act on any request or as a
result of the malfunction or
failure or unavailability of any
hardware, software, or
equipment, the loss or
destruction of any data, power
failures, corruption of storage
media, natural phenomena,
riots, vandalism, sabotage,
terrorism, or any other event
beyond CEMES's control;
12.2. any loss or damage
resulting from your use,
misuse, abuse, or possession
of third-party software,
including operating systems,
browser software, or other
software packages or
any unauthorized access to your Account, any breach of security, any destruction or unauthorized access to your data, or any destruction, theft, or damage to any of your Equipment.
any loss or damage caused by your failure to comply with these Terms and Conditions and/or providing incorrect information, or by the failure or unavailability of third-party facilities or systems, or the inability of a third party to process a transaction or any loss incurred by CEMES because of any breach of these Terms and Conditions; and
any CEMES losses and costs incurred because of loss claims caused by you.
If you want to contact us
in writing, or if any of these
Terms and Conditions require
you to give us notice, please
send it to firstname.lastname@example.org
or Attention: Customer Care
Manager, CEMES LIMITED,
Post Box Office Number 1164-
00502, Nairobi, Kenya, or to
such email or postal address
as we may communicate to
you from time to time. We'll
send you an email to confirm
receipt within 72 hours.
You acknowledge that you have no recourse against CEMES for any losses, delays, misunderstandings, mutilations, duplications, or other abnormalities in Account communication or notification.
Unless otherwise stated
in these Terms and
Conditions, the rights and
remedies granted are in
addition to any legal rights
No failure on the part of any party to exercise, or delay on its part in exercising, any right, power or remedy provided by these Terms and Conditions or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further or other exercise of that, or any other, right, power or remedy.
No failure by CEMES to exercise, and no delay in exercising, any right or remedy in respect of any provision of these Terms and Conditions shall operate as a waiver of such right or remedy.
If any provision or portion of a provision of these Terms and Conditions is found to be invalid or unenforceable, the other provisions or portions of such provisions shall remain in full force and effect.
These Terms and Conditions, as well as any rights or liabilities arising from them, may not be assigned. You agree that we may cede, novate, assign, factor, securitize, encumber, and/or transfer all or a portion of our rights and/or obligations under these Terms and Conditions without your permission or notice.
In these Terms and
Conditions, if a dispute, claim,
question, or otherwise
(“Dispute”) arises between us,
we will attempt in good faith to
negotiate a settlement within
thirty (30) days of either of us
notifying the other of the
If we reach a settlement, it will be written and binding once signed by our authorized representatives.
If the Dispute between the Parties is not settled through bona fide conversations or agreed upon, it will be referred to the courts of Kenya.
Unless these Terms and Conditions have been repudiated or cancelled, we will continue to carry out their obligations in accordance with these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya.