TERMS & CONDITIONS

SERVICE TERMS AND CONDITIONS

Kindly please read carefully before using this service.

The ZaraCash service (“Service”) enables you (“borrower”) to qualify to borrow small amounts over short periods of time (each a “Loan”). The Service is operated by ZARA CAPITAL LIMITED (“we” or “us”) subject to these Terms of Service (“Terms”). These Terms constitute a contract between you and Zara Capital Limited, a company duly incorporated under the laws of the Republic of Kenya (hereinafter called “ZaraCash” or” Lender” or “us” or “we” or “our”).

These Terms and Conditions (together with our Privacy Policy and Loan Agreement), and additional terms relating to specific transactions or matters may be communicated to you on the App or through our website. Those Additional Terms are incorporated into this Agreement and shall form part of this Agreement and shall be applicable to you in the use of the Service.

These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

1. DEFINITIONS AND INTERPRETATION

Definitions:

  • Account: means the account with ZaraCash 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;
  • Business Day: means a day other than a Saturday, Sunday, or gazette public holiday when ZaraCash is open for business in Kenya;
  • Credentials: means your personal credentials used to access the App and operate your Account;

Definitions

  • 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;
  • E-Money: means the electronic monetary value depicted in your Mobile Money Account representing an equal amount of cash;
  • Equipment: includes your mobile phone handset, computer, SIM Card and/or other equipment which when used together enables you to access the Network;
  • Loan Default: has the meaning given to it in clause 10;
  • Force Majeure: means events, circumstances, or causes beyond the reasonable control of ZaraCash making ZaraCash’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including without limitation acts of God, war, strikes or labour disputes, embargoes, or government orders;
  • Loan: means the principal amount of the loan, in such amount as ZaraCash may determine in its absolute discretion, made or to be made by ZaraCash to you 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 ZaraCash;
  • Mobile Money Account: means your mobile money store of value, being the record maintained by Mobile Money Service Providers in Kenya of the amount of E-Money from time to time held by you in the relevant Mobile Money System;
  • Mobile Money: means the money transfer and payments service operated by the Mobile Money Services Providers in Kenya;
  • Mobile Network Operator: means a mobile network operator in Kenya licensed and regulated by the Communications Authority of Kenya;
  • Mobile Money Services Provider: means a Mobile Network Operator that has been duly authorized by the Central Bank of Kenya under applicable laws to offer Mobile Money Services in Kenya;
  • 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;
  • E-Money: means the electronic monetary value depicted in your Mobile Money Account representing an equal amount of cash;
  • Equipment: includes your mobile phone handset, computer, SIM Card and/or other equipment which when used together enables you to access the Network;
  • Loan Default: has the meaning given to it in clause 10;
  • Force Majeure: means events, circumstances, or causes beyond the reasonable control of ZaraCash making ZaraCash’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including without limitation acts of God, war, strikes or labour disputes, embargoes, or government orders;
  • Loan: means the principal amount of the loan, in such amount as ZaraCash may determine in its absolute discretion, made or to be made by ZaraCash to you 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 ZaraCash;
  • Mobile Money Account: means your mobile money store of value, being the record maintained by Mobile Money Service Providers in Kenya of the amount of E-Money from time to time held by you in the relevant Mobile Money System;
  • Mobile Money: means the money transfer and payments service operated by the Mobile Money Services Providers in Kenya;
  • Mobile Network Operator: means a mobile network operator in Kenya licensed and regulated by the Communications Authority of Kenya;
  • Mobile Money Services Provider: means a Mobile Network Operator that has been duly authorized by the Central Bank of Kenya under applicable laws to offer Mobile Money Services in Kenya;
  • Mobile Money Service: means the money transfer and payments service provided by the Mobile Money Services Providers through the Mobile Money System;
  • Mobile Money System: means the system operated by the Mobile Money Services Providers in Kenya for the provision of the Mobile Money Service; such as MPESA and AIRTEL MONEY
  • Network: means a mobile cellular network operated by a Mobile Network Operator;
  • PIN: means personal identification number, a secret number used in electronic financial transactions and required to access the System and complete a transaction;
  • Privacy Policy: means the privacy policy of ZaraCash that sets out the 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;
  • Processing fee: include any fees and charges for issuing the Loan payable by the Borrower for the use of the Services as presented by ZaraCash on the System during the application process or by any other means as ZaraCash shall in its sole direction determine;
  • Request: means a request or instruction received by ZaraCash from you or purportedly from you through the System and upon which ZaraCash is authorised to act;
  • Services: shall include any form of financial services or products that ZaraCash may offer you pursuant to these Terms and Conditions and as you may from time to time subscribe to and the term “Service” shall be construed accordingly;
  • SIM Card: means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network, and to access and use the Mobile Money Account;
  • SMS: means a short message service consisting of a text message transmitted from your mobile phone to another;
  • System: means ZaraCash’s electronic communications and payments software and, mobile and USSD applications enabling you to communicate with ZaraCash for purposes of the Services. The System and the Services will for the purpose of these Terms and Conditions be accessed through the Equipment via the Network;
  • USSD: means Unstructured Supplementary Service Data, a Global System for Mobile (“GSM”) communication technology used to send text between a mobile phone and an application program in the Network.

2. ACCEPTANCE OF THE TERMS AND CONDITIONS

After downloading the App, you will be deemed to have accepted the Terms and Conditions upon clicking the “Accept” option on the App asking you to confirm that you have read, understood, and agreed to be bound by these Terms and Conditions (as may be amended, supplemented, and varied from time to time). If you do not agree with the Terms and Conditions, please click the “Decline” option on the App. Please note that you will not be able to access the Services if you decline the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not license the App to you.

From time-to-time updates to the App may be issued through the website or on the App. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.

2.1 Eligibility

You represent and warrant that you are 18 years and above, competent, and eligible to enter into a legally binding agreement and be bound by these Terms. You shall not access and use the App or avail our Service if you are not competent to contract under the applicable laws, rules, and regulations.

Before accessing the App and availing its Service, you, as a User, further represent that you are a Kenyan national or Permanent Resident having tax residency in Kenya.

3. ACCEPTABLE USER POLICY

In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the App on your Equipment, subject to these Terms and Conditions. We reserve all other rights. Except as expressly set out in this Agreement or as permitted by any local law, you agree:

3.1

not to rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the App;

3.2

not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

3.3

not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that:

3.4

the information obtained by you during such activities is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App;

4. REQUESTS MADE BY THE BORROWER

4.1. You hereby irrevocably authorise us to act on all Requests received by us from you (or purportedly from you) through the System and to hold you liable in respect thereof. We may nevertheless refuse to carry out any Requests in our sole and absolute discretion.

4.2. Subject to our discretion, we reserve the right to reject any Request without giving any reasons in relation to a Loan application from you even if you have previously been issued with a Loan by us.

4.3. We shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in our absolute discretion, we believe that we can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

4.4. We shall be deemed to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent, or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which we may act if we have in good faith acted in the belief that such instructions have been sent by you.

4.5. We may, in our absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you.

4.6. You agree to release and indemnify ZaraCash against all claims, losses, damages, costs, and expenses howsoever arising in consequence of, or in any way related to ZaraCash having acted in accordance with the whole or any part of any of your Requests or having failed to exercise the discretion conferred upon it.

4.7. Acting only as the provider of the Services, you acknowledge that ZaraCash is not able to distinguish between negligent or fraudulent behaviour undertaken on your behalf. You therefore agree and acknowledge to the full extent permitted by law that we shall not be liable for any unauthorised drawing, transfer, remittance, disclosure, any activity, or any incident on your Account by the fact of the knowledge and/or use or manipulation of your Account, PIN, password, ID or any means whether occasioned by your negligence or by fraud.

4.8. You hereby authorize us to effect such orders in respect of your Account as may be required by any court order or competent tribunal, authority, body, or agency under the applicable laws.

4.9. In the event of any conflict between any terms of any Request received by us from you and these Terms and Conditions, these Terms and Conditions as at their latest date of publication, shall prevail.

5. LOAN FACILITY

Your application to open a ZaraCash Account shall be filled electronically on the Zaracash App after you have provided the requested information and we have carried out our assessment. You hereby acknowledge and accept that the acceptance by ZaraCash of your application for an Account does not create any contractual relationship between you and the Mobile Money Provider beyond the terms and conditions that apply to your Mobile Money Account from time to time.

ZaraCash reserves the right (in its sole and absolute discretion) to issue, decline to issue a loan and/or vary the terms of any loan depending on its assessment of the credit profile of each individual borrower from time to time. We shall be entitled to set and charge Processing Fees, in connection with your use of the Service and from time to time amend or vary our Processing Fees for the Service. We will use reasonable endeavours to notify you of any changes in relation to Transaction Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the App.

The approved Loan shall be credited into your Mobile Money Account.

6. INTEREST, CHARGES AND FEES

6.1 Our fee is payable on top of the amount you borrow. Following the account registration process, you may be offered the opportunity to apply for Loans in certain amounts. We reserve the right to decline the Loan application for any reason. However, if we accept your application and grant you a Loan, we will charge a fee that you must pay to us on top of paying back the borrowed amount (“service Fee”). The Service Fee payable is stated together with the loan amount at the time you apply for each Loan. The Loan shall be credited into your Mobile Money Account.

6.2 The interest and any monies including any charges or fees payable by you to ZaraCash in relation to any Loan shall be displayed by ZaraCash on the App or presented during USSD application process. We shall be entitled to set and charge the Processing Fee in connection with your use of the Services. The Processing Fee, payable on any new application for Services will be displayed on the App or on USSD.

6.3 All payments to be made by you under these Terms and Conditions shall be made in full without any set off or counter claim and save in so far as required by the law to the contrary, free, and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to ZaraCash you shall immediately pay to ZaraCash such additional amounts as will result in ZaraCash receiving the full amount it would have received had no such deduction or withholding been required.

6.4 If you fail to make any payments due to ZaraCash within the repayment period, we will provide you the option to either extend your loan repayment period by not more than thirty (30) days or restructure your loan to be paid in installments within periods specified by us and the Rollover interest accrued will be based on the repayment period selected. We will use reasonable endeavors to notify you of any changes in relation to interests within a reasonable period before such changes are implemented including displaying notices of the changes on the App or ZaraCash website or SMS.

7. ACCOUNT STATEMENTS

7.1 Your Account statement and activity report in respect of your Account is readily available on the App. You can also make your Request via our e-mail address: info@Zaracash.co.ke or via contacts provided on the App and website.

7.2 The statement on the App shall provide details of ALL Loans concerning your Account as initiated from your Equipment. Your statement will show all amounts credited or debited from your Account and any amounts due. You must check your statement carefully and notify us as soon as possible if the statement includes any transaction or other entry which appears to you to be erroneous or not made in accordance with your instructions.

7.3 ZaraCash reserves the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to you. We will however inform you of any rectification, additions and or alterations effected on your statements within a reasonable time after the changes are effected.

7.4 You will be notified of all transactions on your Account by way of SMS or App notification and the charges (if any) for this service.

7.5 Save for a manifest error, a statement issued to you in respect of your Account shall be conclusive evidence of the transactions carried out on your Account for the period covered in the statement.

8. TAXES

8.1 All payments to be made by you in connection with these Terms and Conditions are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay ZaraCash an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.

8.2 You hereby consent and agree that ZaraCash may withhold amounts in your Account if any tax authority requires ZaraCash to do so, or ZaraCash is otherwise required by law or pursuant to agreements with any tax authority to do so, or if ZaraCash needs to comply with internal policies or with any applicable order or sanction of a tax authority.

9. USER’S OBLIGATIONS:

9.1 This is a Contract. These Terms constitute a contract. You may not use the Service if you do not accept these Terms. By using any part of the Service, you accept these Terms. If you are under eighteen (18) years of age, you may not use the Service.

9.2 You must accept our privacy policy. To provide you with the Service, you must authorize the provision of certain personal information to us as described in our privacy policy. Our privacy policy governing the Service is attached to and incorporated into these Terms (“Privacy Policy”). By accepting these Terms and using the Service, you consent to and authorize the collection and use of personal information in accordance with the Privacy Policy.

9.3 You must be truthful. You agree to provide true, accurate and complete information about yourself as prompted (“Account Data”) and you confirm that you have full authority to provide the Account Data including the information relating to the person you have provided as your referee. You agree to indemnify and keep us indemnified in full against all demands or claims that may be brought against us with respect to any information related to third parties provided by you to us during your use of the Service including any information related to your emergency contacts. You also agree to update the Account Data to keep it current. You authorize us and our third-party service providers, such as network providers or credit reference bureaus, to verify Account Data.

9.4 You must repay by the Due Date. You must repay the Loan by the date specified when you take the Loan (“Due Date”). It is important that you repay the Loan, interest and total fees by the Due Date. If you fail to do so, you will be given the option to either seek a time extension of the repayment period or restructure your loan to repay in instalments within a specified period. You must then repay the loaned amount together with the Rollover Interest by the end of the Rollover Period.

9.5 You must keep your account secure. You are responsible for maintaining the confidentiality of your password, PIN and account. Furthermore, you are entirely responsible for all activities that occur through the use of your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

9.5.0 You must maintain safe and efficient equipment

9.5.1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Service. You shall be responsible for ensuring the proper performance of your Equipment. ZaraCash shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall ZaraCash be responsible for any computer virus or related problems that may be associated with the use of the System, the Service, and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and ZaraCash shall not be responsible for losses or delays caused by any such service provider.

9.5.2. You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorized person. ZaraCash shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold ZaraCash harmless from any losses resulting from any disclosure of your Credentials.

9.5.3. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from ZaraCash are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected. You shall immediately inform ZaraCash in the event that:

  • a) You have reason to believe that your Credentials are or may be known to any person not authorized to know the same and/or have been compromised; and/or
  • b) You have reason to believe that unauthorized use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

 

9.5.4 You shall at all times follow the security procedures notified to you by ZaraCash from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Service is not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.

9.5.5 You shall not at any time operate or use the Service in any manner that may be prejudicial to ZaraCash.

9.6 You shall abide by these Terms. You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by ZaraCash concerning the use of the System and the Services.

10. LOAN DEFAULT

If you fail to repay your Loan by the Due Date, you will be in default. At this stage, we will provide you with two (2) options;

  1. The option to request a time extension of not more than 30 days within which to settle the loan in full. This time extension will be the Rollover Period. Please note that ZaraCash charges additional fees called the Rollover Interest. The Rollover Interest shall be calculated depending on the time extension period selected, which shall not be more than 30 days.
  2. The option to restructure your loan payment into installments to be paid at specified dates as solely determined by us. You will be required to settle the loan in full by the end of the restructuring dates also called the Rollover Period. Please note that ZaraCash charges additional fees called the Rollover Interest. The Rollover Interest shall be calculated based on the repayment duration selected.

If you still have not repaid the Loan amount and fees, by the end of the Rollover Period, you will be in default. We shall declare that the Loan and fees outstanding under this Agreement is immediately due and payable, whereupon they shall become immediately due and payable; and This default may be reported by us to any credit reference bureau duly licensed under the Credit Reference Bureau Regulations 2013, within 30 (thirty) days of your default and such report may affect your ability to borrow money in the future. You will become responsible for the reasonable costs we or our suppliers may incur in collecting the payment in accordance with applicable law. Overdue amounts will be rounded up to the nearest whole Kenyan Shilling.

11. COMMUNICATION

We may contact you and/or your emergency contacts and other contacts to reach out you. You expressly agree that, as part of the Service, you may, from time to time, receive communications from us via text message (SMS) or email or WhatsApp or phone, including our promotional newsletters or other information about the Service. You may stop receiving promotional messages by following the opt-out instructions in the message. Even if you choose to opt out of receiving promotional messages, you may not opt out of receiving service-related messages. You also expressly authorize us to contact your emergency contact to verify your information or when we are unable to contact you or when we have not received a repayment from you. You confirm that your emergency contact has consented to the sharing of his/her information with us and to us contacting them with respect to your use of the Service. In the event we can get in contact with you or your emergency contact, you also expressly authorize us to contact any and all persons in your contact list.

If you wish to contact us in writing, or if any condition in these Terms and Conditions requires you to give us notice, you can send this to us by e-mail to info@zaracash.co.ke or to such e-mail address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by e-mail. If we must contact you or give you notice in writing, we will do so by e-mail or by SMS to the mobile phone number or email address you provide to us in your request for the App.

12. YOU MUST RESPECT OUR RIGHTS IN THE SERVICE.

We grant you a limited, non-transferable, personal right and license to use the Service and any associated software application through which it may be provided. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software (except as, and only to the extent that, any of the foregoing restrictions are prohibited by applicable law or to the limited extent permitted by the licensing terms governing use of any open-sourced components included within the software).

13. VARIATION AND TERMINATION

We may discontinue the Service. We may in our sole discretion and at any time terminate your access to the Service or discontinue providing the Service or any part of the Service, with or without notice. You agree that we will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service. The Service is provided without any warranties or guarantees. The service is provided “as is” without warranty of any kind. We and our suppliers disclaim all warranties with regard to the service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If you are dissatisfied with any portion of the service, or with these terms, your sole and exclusive remedy is to discontinue using the service.

14. LIABILITY

We are not liable for any damages you may incur. ZaraCash shall not be responsible for any loss suffered by you should the Service be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within our control including, without limitation, (a) a Force Majeure event (b) any error, interruption, delay or non-availability of the System or Mobile Network Operator (c) any acts of terrorism or any enemy action resulting in equipment failure (d) loss of power (e) adverse weather or atmospheric conditions; and (f) failure of any public or private telecommunications system; (g) delay or failure with the transmission, delivery, or non-delivery of electronic messages (including payment instructions) or any mistake, omission or error in transmission or delivery thereof in deciphering message from any cause whatsoever or from its misinterpretation or any other action beyond its control.

15. DISPUTE RESOLUTION

This contract is based on Kenyan law. These Terms are subject to, and shall be governed by, and construed in accordance with the laws of the Republic of Kenya, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity, or implementation of these Terms shall be submitted to arbitration in the English language before a sole arbitrator to take place in Nairobi, Kenya as the seat of the arbitration. The arbitration shall be conducted pursuant to the Rules of Arbitration of the Chartered Institute of Arbitration (Kenya Chapter). The arbitrator shall be appointed by agreement between the parties or in default of such agreement within sixty (60) days of the notification of a dispute, by the Chairman of the aforementioned arbitral body. To the extent permitted by applicable law, the arbitral decision shall be final and binding on the parties.

Nothing in this clause 14 shall restrict either Party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.

CUSTOMER DECLARATION

By entering into this agreement, I authorize ZARA CAPITAL Limited to access and query my credit information from any of the licensed CRBs and to receive credit reports/scores from any of the licensed CRBs on behalf of myself in order to assess my credit worthiness, wherever and whenever I apply for a new facility and during the persistence of such facilities in order to assist ZARA CAPITAL Limited to accomplish its objectives and to enforce its rights under this agreement. I further consent to my credit information being shared with the licensed credit reference bureaus. This consent shall not be withdrawn during the period in which my application is pending to or I have an outstanding balance with ZARA CAPITAL LIMITED. This consent shall automatically terminate upon clearance of all existing loans by myself to ZARA CAPITAL LIMITED and as long as I have no outstanding facilities with ZARA CAPITAL LIMITED.

In connection with this application and/or maintaining a credit facility with ZARA CAPITAL LIMITED, I authorize ZARA CAPITAL LIMITED to carry out credit checks with or obtain my credit information from, a credit reference bureau. In the event of the account going into default, I consent to my name, transaction and default details being forwarded to a credit reference bureau for listing. I acknowledge that this information may be used by ZARA CAPITAL LIMITED and other credit grantors in assessing applications for credit by me, associated companies, and supplementary account holders and for occasional debt tracing and fraud prevention purposes.

DISCLOSURE OF INFORMATION:

  1. You agree that ZARA CAPITAL LIMITED may disclose details relating to your ZaraCash account to any third-party including credit reference bureaus, if in the Lender’s opinion such disclosure is necessary for the purposes of evaluating your creditworthiness or any transaction with or credit application made to the Lender or such third party, maintaining your Account with the Lender or for any other lawful purpose.
  2. You agree that the Lender may disclose details relating to your ZaraCash account including details of your default in servicing financial obligations on your ZaraCash account to any third-party including credit reference bureaus for the purpose of evaluating your credit worthiness or for any other lawful purpose.

WE MAY MODIFY THESE TERMS.

These Terms may be modified without notice at any time in the future. Changes will be posted at https://zaracash.co.ke. It is your responsibility to remain informed of any changes as you are bound by the latest version of the terms.