Terms & Conditions (Buyers)

1. Order now, Pay later​

1.1 These terms constitute a legally binding agreement between Sevi Innovation Limited including its foreign subsidiaries and branches (“Sevi”, “we” or “us”) and the person or legal entity or institution (“you” or “Buyer”) who makes a purchase from our partner sellers (“Sellers”).

1.2 If you choose the Sevi payment option (“Order now, Pay later”) on the Sevi Mobile App, Website, USSD, SMS or WhatsApp (“Sevi Platform”) or on a Seller’s platform you acknowledge that you have carefully read, understood, and agreed to be bound by these terms and conditions (“Terms”), as amended from time to time.

1.3 If you are using the Sevi Platform on behalf of a third party, including, without limitation, any business entity, you warrant that you are authorised and have the authority to commit the third party to these Terms. If you are not duly authorized by the third party, you acknowledge that you will be personally liable for any purported authorization of the third party and any resulting obligations or liabilities arising from unauthorized use of the Sevi services.

1.4 If you do not agree to these Terms, you must stop using or accessing the Sevi Platform immediately.

1.5 You can at any time access and print a copy of these terms via our website for your record.

1.6 The Order now, Pay later is a payment option you can choose on a Seller’s checkout platform or, where the partner Seller does not have a digital sale platform, from the Sevi Platform to part pay your purchases on credit by dividing the purchase price (“Purchase Price) into one or multiple payments.

2. How do I Order now, Pay later?​

2.1 To create a Sevi account (“Sevi Account”) download the Sevi app and fill out your personal data for verification purposes. Once a personal account is created, you can create a company account as an authorised representative of the company, top-up and withdraw your Sevi Account from or to your mobile money or bank account.

2.2 Our approval of your application to use the Order now, Pay later payment option to pay for products brought from a Seller will be subject to our review of your data and circumstances you provide when creating the Sevi Account. We explicitly reserve the right, at our absolute discretion, to decline your application for or use of the Order now, Pay later service at any time without giving reasons for doing so.

2.3 For each purchase you want to use the Order now, Pay later option for, you must agree to the specific payment terms relating to the Order now, Pay later payment plan applicable to the relevant purchase transaction as displayed on the Seller checkout or Sevi Platform.

2.4 You acknowledge that you may need to pay a down payment (“deposit”) either from your Sevi Account or from M-Pesa for you to use the Order now, Pay later payment option.

2.5 Deposit is defined as the sum of money that you as a Buyer pay at the start of the purchase. The deposit represents a portion of the total Purchase Price. On the Sevi Platform, this deposit is described as the "Pay now" amount.

2.6 Credit is defined as the sum of money that you as the Buyer pay at a later time to us, to finance the remainder of the Purchase Price. On the Sevi Platform, this is described as the "Pay later" amount. This Pay later amount is lower or equal to the Credit Limit.

2.7 The Credit Limit is the total Pay later part of the purchase amount available to you for purchases with Sellers using our Order now, Pay later payment option and the available limit reduces each time when you make a purchase and increases when you repay a credit. This Credit Limit is set at the sole discretion of Sevi and will be displayed on your Sevi Account when you login onto the Sevi Platform.

2.8 Once you accept the Order now, Pay later payment plan and your Sevi Account has sufficient balance to pay the Pay now amount, we will debit the Pay now amount from your Sevi account. Once the goods are delivered, we pay the Seller, on your behalf, the entire or part of the Purchase Price for the products you purchased. You agree to repay the Pay later part of the Purchase Price to us in full on the instalment dates determined in accordance with these Terms. Sevi will debit the remaining payments from your Sevi Account on the due date of each instalment, or you can pay an instalment directly through the payment link. We will send you this payment link and remind you on the due dates via electronic communication (e.g. SMS/push notification). The amount due and the instalment dates are viewable on the Sevi platform.

2.9 You give us the authority to debit the remaining instalment payments from your Sevi Account on and after the due dates. When you switch on the function to sweep any wallet top-up to any open credit, you give us the authority to debit the remaining instalment payments from your Sevi Account also before the due dates.

2.10 In the event the Seller or Sellers do not charge you for your entire order at the same time, we will create a different Order now, Pay later 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.

2.11 You will maintain an adequate credit balance on your Sevi Account to allow for payments to be taken on the due dates, if you choose not to use the provided payment link. It is important you ensure enough funds are available to complete your payment on the due date.

3. What do I agree to?​

3.1 You must be over 18 years old and have legal capacity to enter these Terms.

3.2 You are authorised to make a purchase on credit on behalf of the entity you represent.

3.3 Your ID card needs to be valid and will be verified to prevent ID fraud. We may collect such other information from you for purposes of complying with applicable laws including the applicable “Know Your Customer” compliance obligations.

3.4 Before you open a company account, we will require you to upload a current company search certificate (Form CR12) and a resolution in the provided format by which the directors of the company resolve that the company opens an account on the Sevi Platform and be bound by these Terms.

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

3.6 It is at our discretion whether we offer you Order now, Pay later service. We may limit the types of top-up options we accept at our discretion.

3.7 For our credit appraisal, we may carry out a limited credit search on you at a licenced credit reference bureau (“CRB”). Also, we may ask for additional information like historical sales data from your Seller.

3.8 The number of instalments, interest 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 you and/or the Seller of delivery and ends on the due date of the final instalment (“Period”).

3.9 When you confirm to agree with these Terms, if applicable, 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 Seller will not hand over the product to you.

3.10 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.

3.11 If you and the Seller cancel your purchase during the Period, we will cancel any remaining payments and pay back to your Sevi Account any amounts we have taken and are refunded to us by the Seller. Any part returns and refunded to us by the Seller will reduce your outstanding balance. Any cancellation or refunds after the Period is the responsibility of the Seller and therefore between you and the Seller. In this case no interest paid to Sevi are refunded.

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

4. Right to repay early​

4.1 You are entitled, to pay any instalment earlier than the due date. In the Sevi app, you go to your Order 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 the balance in your Sevi Account is not sufficient, you are asked to first top-up your Sevi Account. You may also choose to switch on the option to automatically sweep any wallet top-up to any open credit even before due date.

5. Consequences of default and missed payments​

5.1 If we are not able to debit an instalment amount from your Sevi Account on the due date, you will be charged an interest of 1% of the outstanding amount. After 3 days, you will be charged an additional interest of 2.5% per day of the outstanding amount, up to a cumulative additional interest of 7.5% by day 6. Paying late might also influence future decisions regarding future payment products that will be made available to you.

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

5.3 If you fail to make a payment on or before the due date, 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. You can pay any defaulted instalment at any time during the Period.

5.4 If you fail to make a payment on a due date, you acknowledge that Sevi has the right to require you to pay the remaining total amount of all outstanding instalments immediately and exercise any of its rights in accordance with the law without any further reference to you. This may involve Sevi engaging internal debt collector, external debt collection agency, taking possession of and selling the financed goods or instructing auctioneers to collect the outstanding amount. The cost for collection will be charged to you.

5.5 If you fail to pay any or all instalments for over 21 days, an additional interest of 10% is added to the total credit amount.

5.6 Title to the goods purchased by you using the Order now, Pay later option shall pass to you only upon payment in full of all instalments, including any interest charged by us. You acknowledge that the Seller has assigned to Sevi the entire Seller’s rights in the goods purchased by you by way of the Order now, Pay later payment option and that Sevi has the right to register a security right over such goods at the relevant public registry in Kenya at any given time until payment in full of all instalments, including any interest charged by us. We may ask for additional security.

5.7 If you fail to pay, the Seller, Sevi debt collector, debt collection agency and/or our auctioneer may enter your premises during reasonable hours to retrieve the goods purchased using Sevi’s services or any other collateral given by you as security under these Terms. 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 or otherwise prior to agreeing to these Terms.

5.8 You acknowledge that repossession of the financed goods shall not relieve you of your obligation to pay the outstanding amount, including any accrued interest. Sevi may choose to resell the repossessed goods, and any proceeds from such resale will be applied towards the outstanding balance. You shall be liable for any deficiency between the outstanding balance and the proceeds from the resale.

5.9 Missing payments can have serious consequences for you. Your Sevi Credit Limit 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.

6. Guarantee​

6.1 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.

7. Our use of your personal data​

7.1 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 which is incorporated into these Terms by reference. The Privacy Notice is available here, and by using Sevi’s services you confirm that you have read this Privacy Notice.

7.2 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 your Seller and selected partners (such as CRBs). 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.

7.3 We may search your records at CRBs for the purposes of evaluating your creditworthiness. You hereby agree and authorise us to obtain and procure your credit information from and you further agree and consent to the disclosure, sharing and provision of your information to CRBs. In the event of your account going into default, you consent to your name, transaction and default details being forwarded to a credit reference bureau for listing. You acknowledge that this information may be used by banking institutions and other credit grantors in assessing applications for credit by you, associated companies, and supplementary account holders and for occasional debt tracing and fraud prevention purposes. 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.

7.4 We may also give information about you and your payment record under this agreement to debt collecting agents, Sellers and any proposed assignee of these Terms.

7.5 We may use a credit scoring or other automated decision-making system in accordance with the applicable data protection laws.

7.6 We may monitor and record telephone calls for the purpose of security and training.

8. Security of Your Account​

8.1 You are responsible for maintaining the secrecy of your Sevi Account login credentials and must promptly notify us of any loss, theft, or potential unauthorized use of your Sevi Account to Sevi support via support@sevi.io. If you authorize someone to use your Sevi Account for obtaining credit, you are liable for all transactions, even those unintended, that may exceed your limit. You acknowledge that we are not liable for any third-party actions or inactions related to permissions granted by you to the use of your Sevi Account by third parties.

9. Our right to refuse transactions and suspend your Sevi Account​

9.1 We may refuse to authorize a purchase using Order now, Pay later or suspend your right to make purchases with your Sevi Account for any of the following reasons:

(a) your account is unverified or unconfirmed; (b) your purchasing behaviour seems unusual compared with the way you normally use your Sevi Account; (c) we suspect that unauthorized or fraudulent use is being made of your Sevi Account; (d) your Seller is making payments into your Sevi Account; (e) there is any legal or technical restriction which prevents us from lawfully providing you with Order now, Pay later service at the time when you attempt to make a purchase using your Sevi Account; (f) you fail to make any payment which falls due to us; (g) 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); (h) we reasonably believe the transaction would damage our reputation; (i) you have not used your Sevi Account to make new purchases for at least six months; or (j) there is any other objectively justifiable reason.

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

10. Consent to electronic communication, correspondence and change of details​

10.1 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 statements, notices and other communications under or in relation to the Order now, Pay later service and these Terms via the Sevi Platform, via email or via text message to the mobile phone number you have provided to us on the Sevi Platform.

10.2 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.

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

11. Restricted Use and Intellectual Property Rights​

11.1 Sevi owns and holds the rights to all intellectual property in our Platform (“Core IP”), as well all intellectual property and other rights in all material (including all text, graphics, logos, audio and software) made available on or through the Sevi Platform (“Content”). Your use of our services or our Sevi Platform does not grant or transfer any rights, title or interest in either the Core IP or the Content to you. Sevi on its discretion reserves the right to grant you license to access and use the Sevi Platform solely for the purpose of your use and enjoyment of our services, as outlined in these Terms and, where applicable, as expressly authorised by us.

11.2 You are strictly prohibited from using our Website or App in any manner contrary to these Terms, except for accessing our services. Reselling or sublicensing, reverse engineering, copying, modifying, or engaging in any restricted acts related to the Core IP, Website, App, or Content is expressly forbidden. Any reproduction or redistribution of the Website, App, or Content, whether in whole or in part, will result in civil and/or criminal penalties. Copying Content to another server for publication, reproduction, or distribution is explicitly prohibited. Any unauthorized use, copying, or reproduction of Core IP, Website, App, or Content is strictly prohibited in accordance with applicable law.

12. Disclaimer​

12.1 We hereby exclude all warranties and conditions, whether express or implied, to the extent permitted by law that:

(a) the performance or use of the Sevi Platform will be uninterrupted; (b) the Sevi Platform is free of any virus or other computer software routine intended or designed to permit unauthorised access to your computer or phone system or disable, damage, erase, disrupt or impair the normal operation of your computer or phone system; and/or (c) the accuracy, reliability, or completeness of any Content.

12.2 The Sevi Platform (including any Content) is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the suitability of accessing and using our Sevi Platform and services, and your use and access of our Sevi Platform, or the services is entirely at your own risk.

13. Limitation of Liability​

13.1 Sevi shall not be held liable for any indirect or consequential loss or damage including, without limitation, any loss of business or profits in each case whether arising from negligence, breach of contract or otherwise.

13.2 Subject to paragraph 13.1 above, you hereby agree that the total liability of Sevi for any breach of these Terms, whether for negligence, misrepresentation, breach of contract or otherwise for any direct loss or damage under or related to our services or these Terms shall be capped for the Period to the applicable interest payable by you under the Order now, Pay later service.

13.3 When using Sevi’s Order now, Pay later services (including our Website/App) to purchase goods you hereby acknowledge and agree that:

(a) your purchase of goods is subject to the relevant Seller’s terms and conditions of sale; (b) Sevi is not an agent or representative acting on behalf of the Seller; (c) the Seller’s terms and conditions of sale, and any policies or promotions are independent of Sevi and are not controlled by us; (d) Sevi provides no warranty as to the condition, merchantability, or fitness for a particular purpose of the goods sold by the Seller and purchased by you; (e) you will address all claims you may have in relation to the goods directly to the Sellers and not us; and (f) we have no liability to you whatsoever for any claim for loss or damage that arises from your use or purchase of goods from a Seller.

14. Assignment​

14.1 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.

15. How Sevi will resolve disputes and complaints​

15.1 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 or complaint, we encourage you first to contact Sevi at support@sevi.io to try resolving your problem directly with our team.

15.2 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 as per the provisions below which shall be the exclusive mechanism for resolving any dispute that may arise from time to time and are express condition(s) precedent to litigation of the dispute. This includes any claims based in contract, statute, tort, fraud, misrepresentation or any other cause of action.

(a) Negotiations: A party shall send a written notice to the other party of any dispute (“Dispute Notice”) by negotiating and consultation between themselves, including not fewer than 2 negotiation sessions. If the dispute cannot be resolved within 21 days from the date of the Dispute Notice, either party may initiate mediation within 14 days. (b) Litigation as a final resort: If the parties cannot resolve any dispute for any reason following negotiations, either party may file suit in a court of competent jurisdiction.

16. Amendments​

16.1 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 Platform. 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.

17. Governing Law​

17.1 These Terms and all contracts concluded by us under these Terms are governed by the laws of Kenya.

Sevi Sevi is licensed and regulated by Central Bank of Kenya. Sevi Innovation Ltd is incorporated under Kenyan law and is registered with the Registrar of Companies under registration number PVT-AJUVZRA. For further information about Sevi, go to: sevi.io.

Edited in Kenya on 13 September 2024.