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Terms & Conditions

Pay in instalments#

These terms apply between Sevi Innovation Ltd. including its foreign subsidiaries and branches (“Sevi”, “we” or “us”) and you who makes a purchase. If you choose the Sevi payment option (“Pay-in Instalments”) you agree to these terms (“Terms”). You can at any time access these terms via our website.

This is a payment option you can choose to part pay your purchases by dividing the cost into multiple payments.

How do I Pay in instalments?#

Create a Sevi account by downloading the Sevi app and filling out your personal data for verification purposes. Top-up your Sevi account from your mobile money or bank account. The first payment (“deposit”) is taken from your Sevi account on agreeing to these Terms. The remaining payments will also be taken from your Sevi account on the due date of each instalment. We will tell you the due dates via electronic communication (e.g. SMS/push notification) and they are viewable in the Sevi application.

You give us the authority to take the remaining instalment payments from your Sevi account on and after the due dates.

In the event the Seller or Sellers do not charge you for your entire order at the same time, we will create a different Pay-In-Instalments plan for each order part. This situation may be common where a Seller does not ship all the items from your order at the same time.

You will maintain an adequate credit balance on your Sevi account to allow for payments to be taken on the due dates. It is important you ensure enough funds are available to complete your payment on the due date.

What do I agree to?#

You must be over 18 years old.

Your ID card needs to be valid and will be verified to prevent ID fraud.

Your phone number needs to be valid and will be verified by a one-time password (“OTP”) you receive per SMS.

It is at our discretion whether we offer you Pay-in-Instalments. We may limit the types of Top-up options we accept at our discretion.

We may carry out a limited credit search on you at a credit reference bureau. This search will not affect your credit score or your chances of obtaining a credit in future.

The number of instalments, fees and amount per instalment will be clearly communicated before entering into any payment option and can be reviewed in the Sevi app at any time. The period starts on confirmation by the Seller of delivery and ends on the due date of the final instalment (“Period”).

When you confirm to agree with these Terms, the first payment (“Deposit”) is taken from your Sevi account. If we, for any reason, are unable to charge the deposit from your Sevi account, the merchant will not hand over the product to you.

You authorize us to store your ID and phone number details on our systems. We will use this information to authorize future payments under these Terms. You may manage your profile and details through the Sevi app, data that has already been verified cannot be altered unless the new data is verified again by Sevi.

If you and the Seller cancel your purchase, we will cancel any remaining payments and pay back to your Sevi account any amounts we have taken and are paid to us by the Seller. Any part returns or refunds credited to your purchase and paid to us by the Seller will reduce your outstanding balance, but do not count as payments.

You will need to continue to make your previously disclosed payments at scheduled due dates until your balance is paid in full.

You are responsible for being able to receive SMS messages send by Sevi through our SMS service provider Africa’s Talking or any replacement service provider that will be communicated to our customers. Missed messages can never be an excuse for paying late.

Right to repay early#

You are entitled, to pay any instalment earlier then the due date. In the Sevi app you go to you Instalment overview and per instalment you can click “Pay”. Clicking this button pays that specific instalment, provided the balance in your Sevi account is enough, if not you are asked to first top-up your Sevi account.

Consequences of default and missed payments#

If we are not able to take an instalment from your Sevi account on the due date we might provide you a courtesy slack period so that you can top-up your Sevi account. Paying late might also influence future decisions regarding future payment products that will be made available to you.

You will be notified in good time via electronic communication to your verified phone number, about the payment failure and when the retries will be scheduled so you’ll have enough time to make sure that you have sufficient funds in your Sevi account.

We will conduct a maximum of two (2) retries in order to try to collect the funds. If we were unable to withdraw funds after this, the missed instalment will get a Late status and a late fee of 6% is added to the instalment amount.

If you fail to make a payment and have a Late status, you may be unable to use the service in the future. We continue to attempt to collect overdue and currently due payments on subsequent due dates, or invoice you separately for the unpaid total. You can pay any defaulted instalment at any time during the Period.

If you fail to pay any or all instalments for over 50 days, your account will get a Default status and a default fee of 10% is added to the total credit amount. When you are in default Sevi will engage with an external debt collection agency to collect the outstanding amount. The cost for collection will be charged to you.

Title to the purchase using the Pay-in-Instalment option shall pass to you only upon payment in full of all instalments, including any additional fees and interest charged by us.

If you fail to pay, the Seller, Sevi and/or our debt collection agency are able to retrieve the purchase you made. Therefore, use the purchase properly and do not modify or alter them. You shall not remove or alter identification or registration numbers on the purchase. You are responsible for loss of, or damage to the purchase. In such case you need to notify us. You are responsible for insurance of the purchase, insurance is applicable to items purchased above a certain amount and this option will be presented as a checkbox prior to agreeing to these Terms.

Please note that Sevi will notify you prior to; any withdrawals being made from your Sevi account; if a payment fails; if an instalment amount is in default; and if the debt is handed over to an external debt collection agency.

Missing payments can have serious consequences for you. Your Sevi score will be affected which will make it more difficult or more expensive for you to obtain credit in the future. Legal action may be taken against you to recover the debt, an application may be made to have you declared bankrupt, and it is possible that a charging order and order for sale of your property may be obtained as a means of enforcing any judgment.

Sevi points#

Using the Sevi Service and performing certain tasks earns you Sevi points. Misusing the Sevi Service and/or paying late costs you Sevi points. To get access to certain privileges and services, you need a minimum amount of Sevi points. Sevi at its sole discretion might change the calculation of Sevi points from time to time.

Guarantee#

Before we enter into this agreement with you, we may require your obligations under it to be guaranteed by a third party acceptable to us, in which event we shall invite you to suggest someone suitable.

Our use of your personal data#

Sevi processes your personal data in order to carry out our obligations in these Terms and for the additional purposes set out in our Privacy Notice. The Privacy Notice is available here, and by using Sevi’s services you confirm that you have read this Notice.

We process your personal data for example to identify you and perform customer analysis, credit assessments, marketing, and business development. We may also transfer your data to selected partners (such as credit reference bureaus). In the Privacy Notice there is more information about our data sharing, your rights with regards to your data, or how you may contact us with questions.

We may search your records at credit reference agencies. They will add to their record details of our search which will be seen by other organisations making searches. Details about you and your payment record under these Terms will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us.

You have a legal right to your personal data and can receive a copy of the information held about you on payment of a fee. Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household or your businesses.

We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee of these Terms. We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.

Our right to refuse transactions and suspend your Sevi account#

We may refuse to authorize a purchase using Pay-in-Instalments or suspend your right to make purchases with your Sevi account for any of the following reasons:

  1. Your purchasing behaviour seems unusual compared with the way you normally use your Sevi account;
  2. We suspect that unauthorized or fraudulent use is being made of your Sevi account;
  3. There is any legal or technical restriction which prevents us from lawfully providing you with Payments in instalments at the time when you attempt to make a purchase using your Sevi account;
  4. You fail to make any payment which falls due to us;
  5. We believe that there is a significantly increased risk that you may not be able to fulfil your duty to pay the instalments (this includes situations such as you going bankrupt or having similar proceedings taken against you);
  6. We reasonably believe the transaction would damage our reputation;
  7. You have not used your Sevi account to make new purchases for at least six months;
  8. There is any other objectively justifiable reason.

If we decide to refuse a transaction or suspend your right to use your Sevi account, we will give you notice by electronic communication (e.g. SMS/push notification) as soon as practicable.

Consent to electronic communication, correspondence and change of details#

When you agree with these Terms you give consent to us sending electronic communications to the e-mail address or telephone number you have provided, you agree that we may send monthly statements, notices and other communications under or in relation to these Pay-in-Instalments and these Terms via the Sevi app to your Sevi account or via text message to this mobile phone number.

You must promptly inform us of any changes to your name, address, email or telephone number. You must provide any evidence of such changes that we may reasonably require.

All communication between you and us in relation to these Terms shall be in English.

Assignment#

You may not transfer or assign any rights or obligations you have under these Terms without our prior written consent. We have the right to transfer or assign these terms or any right or obligation under these Terms at any time without your consent, provided that such transfer does not alter your rights and obligations under these Terms to your detriment.

How Sevi will resolve disputes#

If a dispute arises between you and Sevi, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact Sevi at support@sevi.io to try resolving your problem directly with our team.

Any dispute or claim relating in any way to your use of the Sevi Services, or otherwise arising out of or relating to these Terms or the Services that cannot be resolved directly between you and Sevi shall be resolved solely by arbitration. This includes any claims based in contract, statute, tort, fraud, misrepresentation or any other cause of action.

The Arbitration Act, No. 4 of 1995, Laws of Kenya, shall apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of these Terms as a court would.

Either you or we can initiate arbitration through the alternative dispute resolution provider the Chartered Institute of Arbitrators Kenya Chapter (the “Institute”). Your arbitration fees and your share of arbitrator compensation shall be governed by the Institute rules.

The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration.

The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

You and Sevi each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these Terms.

Amendments#

Sevi reserves the right to amend these terms and conditions from time to time. Any such amendments shall be notified to you through your contact details provided on the Sevi mobile application. By using the Sevi services, you agree to these terms and conditions subject to any future amendments to them. Any continued use of the Sevi Services after an amendment to these terms and conditions shall be considered as you giving consent to be bound by those terms and conditions.

Sevi#

Sevi Innovation Ltd is incorporated under Kenyan law and is registered with the Kenya Business Registrar. Its registration number is PVT-AJUVZRA. For further information about Sevi, go to: www.sevi.io.

Edited in Kenya on 21th of July 2021.