Terms of use

The terms and conditions as set forth hereunder shall operate as the agreement between Shield Investment Limited (hereinafter referred to as the Lender) and the Borrower, whose terms are binding on both parties.

1. DEFINITIONS

In this Agreement;

1.1 Agreement means; the terms and conditions of the standard form of agreement for the Service

1.2 Credit Reference Bureau (CRB) means, the Credit Reference Bureau as established under the Banking (Credit Reference Bureau) Regulations 2008.

1.3 Intellectual Property Rights means any intellectual or industrial property rights (including any registered or unregistered trademarks, patents, designs, or copyright) and includes the right to have Confidential Information kept confidential.

2. SERVICES

2.1 Shield Investment Limited through this platform and its mobile application shall offer lending services to its users upon meeting set criteria.

3. LENDING PACKAGES

The Lender shall offer two lending packages:

3.1 Check-off loans;

3.2 Non- check off or Unsecured Loans

4. SERVICE CHARGE

4.1 All transactions between the Lender and a Borrower shall attract a processing fee.

5. PAYMENT

5.1 The Borrower shall repay the borrowed amount within Thirty (30) days of disbursement of the funds by the Lender.

5.2 The Borrower gives the Lender rights to forward the names of any defaulters to the relevant authorities including but not limited to Credit Reference Bureaus.

6. INTEREST

The interest rates on borrowed amounts shall be calculated as follows:

6.1 For check-off loans the interest shall be calculated at 0.25% per day or 7.5% per month

6.2 For non-check of or unsecured loans the interest shall be calculated at 0.33% per day or 10% per month.

7. ACCEPTANCE OF TERMS

7.1 In order to access any of the Services the Borrower will be required to accept these terms and conditions. The Borrower will be deemed to have accepted these terms by:

7.1.1 Completing the Lender’s online registration process and confirming that the Borrower has read and accepted these terms;

7.1.2 Or Viewing, accessing or using content on the Site which does not require registration.

7.1.3 Or Viewing, accessing or using content on the Site which does not require registration.

8. REGISTRATION AND USE OF THE SERVICES

8.1 In order to access or continue to use certain Services, the Borrower may be required to provide information about himself/herself (such as identification or contact details). The Borrower agrees to provide true, accurate, current and complete information when registering for the Services.

8.2 The Borrower agrees to use the Services only for purposes that are permitted by

8.2.1 these terms

8.2.2 any applicable law or regulation

8.3 The Borrower specifically agrees not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that he/ she complies with the instructions set out in any part of the Site

8.4 The Borrower agrees that he will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services.

8.5 The Borrower agrees that he/ she will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

8.6 The Borrower agrees that he/she is solely responsible for (and that Shield Investment Limited has no responsibility to the Borrower or to any third party for) any breach of the Borrower’s obligations under these terms and for the consequences (including any loss or damage which Shield Investment Limited may suffer) of any such breach.

9. DISCLOSURE

9.1 The Borrower warrants that all information and details furnished through the provided forms is accurate and depicts the Borrower’s current situation.

9.2 All information the Borrower provides shall be subject to verification by the Lender.

9.3 Any false information furnished shall entitle the Lender not to provide the Borrower with any of its services.

10. PRIVACY AND PERSONAL INFORMATION

10.1 The Lender through the various forms provided collects information directly from the borrower. The information collected is used to aid in the best possible service provision by the Lender. Without it, the lender may not be able to supply the services to the level the borrower expects.

10.2 The Borrower shares the share personal information within Shield Investment Limited and with a number of other service providers and partners for these purposes, some of whom may be overseas.

11. CONFIDENTIALITY

11.1 The Lender and the Borrower each agree to keep confidential the other’s Confidential Information.

11.2 Subject to clause 9.3, no party shall will use or disclose the other’s Confidential Information for any purpose, other than to the extent necessary to perform its obligations or exercise its rights under the Agreement.

11.3 For clarity, the Lender may refer to the Borrower as a customer of the Lender in its press releases, or in its marketing sales or financial material or reports.

11.4 The obligations of confidentiality in this clause 9 do not apply to the extent disclosure is required by law or the listing rules of a stock exchange, a direction by government authority or a Regulator, or disclosure to professional advisors in connection with the Agreement.

12. PUBLIC ADDRESSING IDENTIFIERS

12.1 The Service may use one or more identifiers such as a telephone number, IP address or domain name ("Public Addressing Identifiers").

12.2 The Borrower must comply with the requirements of any Regulator or other body which administers Public Addressing Identifiers.

12.3 The Borrower acknowledges and agrees that:

12.3.1 The Lender does not control the allocation of Public Addressing Identifiers;

12.3.2 The Lender is not liable to the Borrower if the Lender is required to change any Public Addressing Identifier as a result of any direction given by a Regulator or other body which administers Public Addressing Identifiers; and

12.3.3 On cancellation of the Service or any relevant Individual Service, the Borrower’s right to use any related Public Addressing Identifier may cease.

13. INTELLECTUAL PROPERTY

13.1 The Lender owns all material (including Intellectual Property Rights) developed by it, or its Personnel, or at its or their direction.

13.2 The Lender may permit the Borrower to use this material, or other material licensed by Optus, as part of the Service. This permission is subject to any conditions which Optus may impose from time to time and will cease when the Service is cancelled.

13.3 Having noted the above the Borrower shall not be entitled in respect of any Content (wholly or partly):

13.3.1 To pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or

13.3.2 To change, edit, modify, reformat or adapt it in any other way.

14. USE OF THE BORROWER’S INFORMATION

14.1 Shield Investment Limited may hold and use information provided by the Borrower for a number of purposes, which may include:

14.1.1 Carrying out any activity in connection with a legal, governmental or regulatory requirement on Shield Investment Limited in connection with legal proceedings or in respect of crime or fraud prevention, detection or prosecution.

14.1.2 Monitoring or recording of the Borrower’s communications for Shield Investment Limited’s business purposes such as marketing, quality control and training, prevention of unauthorized use of Shield Investment Limited’s telecommunications system and ensuring effective systems operation in order to prevent or detect crime.

14.1.3 Querying respective CRBs on the borrower’s identity and respective credit score.

15. PROHIBITED USE OF THE SERVICES

15.1 The Borrower, and any persons the Borrower allows to use the Services through the Borrower’s access to the Services, are not allowed to:

15.1.1 Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Services or any part thereof except as set out in these terms;

15.1.2 Include or create links (including deep-links) to or from the Services;

15.1.3 Replicate the Site or create a separate border around any part of the Services (also known as "framing");

15.1.4 Use the Services for storing, reproducing, transmitting, communicating or receiving any Offending Material. For the purpose of these terms Offending Material means any content transmitted using the Service that is:

15.1.4.1.1 In breach of any law, regulation or code of practice invoked by Shield Investment Limited, industry regulator or any other competent authority or any policy adopted by Shield Investment Limited with regard to the acceptable use of the Services,

15.1.4.1.2 or Abusive, indecent, defamatory, obscene, pornographic, offensive or menacing (or that has the effect (as may be contemplated by a reasonable person) of causing the recipient to feel so harassed, abused or offended;

15.1.4.1.3 or Designed to cause annoyance, inconvenience or needless anxiety to any person;

15.1.4.1.4 Or In breach of confidence, intellectual property rights, privacy or any right of a third party.

15.1.5 Hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Services or any other website

15.1.6 Collect and process others' personal data except in accordance with applicable data protection law;

15.1.7 Collect and process others' personal data except in accordance with applicable data protection law;

15.1.8 Advertise or offer to sell goods or services on the pretext that the same are endorsed, offered for sale or originate from Shield Investment Limited;

15.1.9 Infringe any other person's intellectual property rights

15.1.9.1 Use the Services to harvest or collect information about users of the Services or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam");

15.1.10 Use the Services or the Content in any way that the Lender in its sole and absolute discretion considers objectionable, inappropriate, likely to injure the Lender’s brand and reputation or otherwise unacceptable;

15.1.11 Use the Services to send emails and other content coached, phrased or written in such a manner as to give an impression that the email is correspondence from Shield Investment Limited.

15.2 The Borrower is responsible for any misuse of the Services even if it is by another person using the Borrower’s access to the Services.

15.3 The Lender reserves the right to block, remove, edit or refuse to post any material that the Borrower attempts to transmit through the Services that the Lender deems to be in contravention of these terms and to take such other action as the Lender in its sole and absolute discretion consider necessary to prevent or remedy any breach of these terms. If the Borrower becomes aware of any content or material circulated using the Services and that is in breach of these terms or content or material on the Site that is similarly in breach of these terms then the Lender encourages the Borrower to promptly inform the Lender by contacting the Lender’s customer care service. The Lender is not responsible or liable for any failure to remove, block or delay in removing, any such infringing content or material or third party material from the Service or for any good faith but wrongful removal of third party material.

16. NO WARRANTIES

16.1 The information contained in this Site may be out of date and/or may contain other errors or omissions. Shield Investment Limited provides the Service and Content on the Site "as is" and makes no warranties of any kind, either express or implied with respect to the Service and/or the Content (including without limitation regarding their satisfactory quality, freedom from viruses or other harmful components, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these terms.

17. HYPERLINKS AND THIRD PARTY SITES

17.1 Shield Investment Limited explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. The inclusion of links on the Service to third party sites not controlled by the Lender does not imply any endorsement by the Lender of such sites and as such any transaction the Borrower makes with a third party flowing from such links is carried out entirely at the Borrower’s own risk and the Lender accepts no liability for any losses that the Borrower may suffer as a result. Document links are still under renovation to make them all fully accessible to software used by the visually impaired.

18. LIABILITY

18.1 Shield Investment Limited shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:

18.1.1.1 The Borrower’s use of, reliance upon or inability to use the Lender’s Service and/or Content;

18.1.1.2 The deletion with or without notice or cause of any of the Borrower’s data or information stored on the Service;

18.1.1.3 Any loss of the Borrower’s data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at anytime;

18.1.1.4 The removal from the Service of any material sent or posted by the Borrower on or via the Service and/or the blocking or suspension of the Borrower’s access to the Service or any part of it in accordance with these terms. If the Borrower is dissatisfied with any part of the Service or with any of these terms, the Borrower’s sole and exclusive remedy is to discontinue using this Service.

19. INDEMNITY BY THE BORROWER

19.1 The borrower irrevocably agrees to indemnify the Lender (Shield Investment Limited), and any of the Lender’s third party providers ("together indemnified persons")fully against and to hold the indemnified persons harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by the indemnified persons as a result of any claim by a third party resulting from the Borrower’s use of the Service (or use of the Service by anyone who accesses the Service via the Borrower’s password) in breach or non-observance of these terms. The Lender shall notify the Borrower of any claim that the Lender or any of the other indemnified persons receives and the Borrower hereby agrees to provide the Lender and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide the Lender and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at the Borrower’s sole expense.

20. SUSPENSION AND TERMINATION OF THE SERVICE

20.1 The Lender may suspend, vary or terminate the Borrower’s use of the Service or the Site without compensation for any period during which:

20.1.1 Shield Investment Limited is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

20.1.2 Shield Investment Limited reasonably suspects or believes that the Borrower is in breach of these terms and conditions;

20.1.3 Such a suspension or variation is necessary as a consequences of technical problems or for reasons of safety;

20.1.4 In order to update or upgrade the contents or functionality of the Service from time to time;

20.1.5 Upon any detection of abuse/misuse, breach of content, fraud or attempted fraud relating to the Borrower’s use of the Service;

20.1.6 Shield Investment Limited suspends the provision of the Services for its commercial reasons or for any other reason as it may determine in its absolute discretion.

20.2 If the Lender suspends the Borrower’s access to the Service to investigate or prevent a potential breach of these, terms shall continue to apply during such period of suspension and the Borrower shall remain liable for any charges payable by the Borrower during such period.

20.3 If the Borrower’s access to the Services is terminated for any reason then the Lender may proceed to delete all information, emails and data that the Borrower have stored on the Service. The Lender therefore recommends that the Borrower save copies of all information that the Borrower wishes to keep on another storage device apart from the Service.

20.4 If the Lender terminates the Borrower’s access to the Service for material breach of these terms (including nonpayment of any sums due by the Borrower- where applicable) then the Borrower shall remain liable for any such sums and for any other sums which the Borrower has contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether.

20.5 In the event that the Lender decides to permanently withdraw the Services then the Lender shall communicate this decision using such means as the Lender shall deem appropriate including through the use of broadcast SMS. However the Borrower should remain aware that depending on the nature of the reason for the suspension, change or termination of the services it may not always be possible to give advance notice. Consequently Shield Investment Limited shall not be liable to the Borrower for any ensuing loss or damages occasioned to the Borrower from such a suspension, change or termination. Termination shall however not affect the accrued rights and liabilities of either the Borrower or the Lender.

21. GENERAL TERMS

21.1 Where the Borrower obtains a check-off loan, the same shall not protect the borrower where his/her employee has failed to pay the Lender the amount of the loan and the subsequent interest earned.

21.2 By referring an individual to use or access the Lender’s services, the referrer shall automatically become the referee’s guarantor for purposes of accessing the Lender’s Services.

21.3 Borrowers information with the Lender will be shared with respective CRBs

21.4 Where a borrower fails to pay the Lender at the agreed timelines, the Lender shall list the borrower with the respective CRBs as a defaulter and initiate recovery processes against the borrower.

21.5 An individual shall become a successful borrower of the Lender if he/she has a guarantor.

21.6 This agreement is governed by and shall be construed in accordance with the laws of Kenya.

21.7 Each Party warrants to the other Party that it has the power, authority and legal right to sign and perform this Agreement and that this Agreement has been duly authorized by all necessary action by its Directors, to the extent applicable and constitutes valid and binding obligations on it in accordance with the terms of this Agreement.

21.8 If a provision of the Agreement is void, voidable or unenforceable, it will be severed and the remainder of the Agreement will not be affected.

21.9 Nothing in the Agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between the Lender and the Borrower.

21.10 By agreeing to the terms setforth hereunder, the Borrower agrees to be bound by this agreement and all the conditions put forth hereunder.