Terms of Use

Impiya ("we," "us," or "our") provides consumers with the opportunity to obtain lending financing services. You agree to these terms by using the Services, creating an account, logging in, or downloading and installing the Impiya (collectively, the "Apps").

Before utilizing the services or creating an account, it is essential that you carefully evaluate these terms of use and ascertain whether they are relevant to your personal or financial circumstances. If you are not in agreement with these terms of use, you should promptly discontinue your use of the services.

In order to receive timely notifications of any modifications to these Terms of Use, it is your responsibility to routinely review the content posted on the Apps. Upon their publication, you agree to the revised terms of use by continuing to use the services.

1. THE RENDERING OF THE SERVICES

You will be able to apply for the Services once you have registered and your account has been approved by us. If you would prefer, the terms and conditions outlined in the Impiya Credit Agreement, in addition to these Terms of Use, will govern any lending financing services that we offer. You acknowledge and consent to this.

2. APPROPRIATION FOR THE SERVICES

When you establish an account or submit an application for the Services, you represent and warrant to us that:

You are eighteen (18) years of age or older and a resident of the Republic of Zambia. You are in possession of a current Zambian ID and acknowledge and agree to fulfill any payment obligations that arise from the Services.

3. CREDIT OPTIONS

Impiya is the sole entity that has the authority to authorize or deny credit and consumer financing services. You acknowledge and agree that Impiya is not responsible for the decision to grant or deny credit, or for any repercussions that may arise from such decisions, including, but not limited to, financial loss or harm, denial of opportunities, or any other adverse effects. We are not required to provide any justification for our credit decisions.

4. IDENTITY AND PROTECTION

To gain access to the Services, it is necessary to create an account. During the registration process, it is necessary for you to furnish accurate, comprehensive, and up-to-date information about yourself. Additionally, you consent to keep your account information accurate, complete, and current by promptly updating it as required. It is your responsibility to protect the privacy of your password and account information, as well as to restrict access to the devices you use to access the Apps and Services. You acknowledge that you are accountable for all actions that are taken using your account or password.

5. DISBURSEMENTS AND CHARGES

You are responsible for all fees and expenses that are associated with the Services. You authorize us to deduct any amounts due to us under the terms of the Services from the funds in your selected payment account by utilizing the Services.

6. ACCESSIBLE THROUGH THIRD-PARTY APPS

These Terms of Use are also applicable when the Services are accessible through other platforms, applications, or services, such as Impiya. You represent and warrant that your use of the Services on or through such other applications, platforms, or services is in accordance with the terms and conditions of those applications, platforms, or services. You agree to be bound by these Terms of Use by accessing or utilizing the Services through such other applications, platforms, or services.

7. APPLICATION OF THIRD-PARTY SUPPLIER

Impiya may employ external contractors, agents, or service providers to facilitate the delivery of the Services or to oversee activities on our behalf. You acknowledge and agree that these third-party service providers may need access to account information, personal information, and other data in order to perform their services for Impiya by using the Services. You also acknowledge and agree that Impiya is not liable for the actions or inactions of these third-party service providers, provided that Impiya has made a good faith effort to select reputable service providers and guarantees that they will manage your information in accordance with our privacy policy and any applicable laws.

8. DATA PROTECTION AND PRIVATE USE

We hold your privacy in the highest regard. We will manage your personal information in accordance with our Privacy Policy, which is incorporated into these Terms of Use and is referenced. You acknowledge that you have read and understood our privacy policy and consent to the collection, use, and dissemination of your personal information in accordance with it by using the Services.

9. CONSENT TO PRODUCE PERSONAL DATA

When you use the Services and submit your personal information to Impiya, you explicitly authorize Impiya to collect, use, store, and process your information in accordance with our Privacy Policy. As outlined in our Privacy Policy, we may disclose your personal information to third parties in order to enhance your user experience, comply with relevant laws and regulations, and provide the Services. You are aware of this fact. By creating an account or using the Services, you acknowledge that you have read, comprehended, and agree to the terms of our Privacy Policy, which is incorporated by reference into these Terms of Use.

10. CONTRIBUTE TO COLLECTION ACTIVITIES

In the event of any default or failure to repay any amounts owed to us, Impiya may pursue collection actions in accordance with the terms of the Impiya Credit Agreement and any applicable laws and regulations. Utilizing the Services and consenting to the provisions of the Impiya Credit Agreement constitutes your comprehension and acceptance of this. The collection process may entail the following: engaging external collection agencies; and contacting you via phone, email, text, or other means of communication. You also grant Impiya the authority to contact the references you provided in your application for the Services in order to facilitate the verification or collection of information. Furthermore, you agree to furnish Impiya and any third-party collection agencies with precise and current contact information for the purpose of collection actions, as well as to collaborate with them to resolve any outstanding balances or disputes.

11. REPORTS AND CLIENT SUPPORT

We are dedicated to guaranteeing that you receive exceptional services and that any complaints or concerns you may have are addressed in a timely and effective manner. Please feel free to reach out to our customer support team at need.resolution@impiya.com if you have any complaints or concerns about the Services or any other aspect of your Impiya experience. We will promptly resolve your complaint and make every effort to find a solution that is both effective and timely upon its receipt. In your email, please provide a detailed account of your complaint or concern, as well as any supporting documents or information that may be helpful in resolving the matter.

12. ELECTRONIC COMMUNICATIONS AND CONSENT FROM OTHER PARTIES

By using the Services and providing your email address and/or cellular number, you assent to receiving electronic messages from Impiya. These messages may include notifications, confirmations, disclosures, and other information regarding your account, transactions, and services utilization. You acknowledge that all agreements, notices, disclosures, and other communications that we send to you electronically adequately satisfy any legal requirement that these communications be in writing.

13. HYPERLINKS TO OTHER WEBSITES

Hyperlinks to websites, services, or resources that are operated by third parties may be present in the App or Services. You acknowledge and agree that Impiya is not liable for any loss or injury that may result from your use of or reliance on any of the aforementioned third-party websites, services, or resources. Impiya is not responsible for the content, accuracy, or availability of third-party websites, services, or resources.

14. ADVERTISEMENTS AND RECOMMENDATIONS

Impiya may occasionally provide specials, referral programs, or other incentives in conjunction with the Services. You will be informed of any supplementary terms and conditions that may be applicable in conjunction with the relevant promotion, referral program, or incentive. By participating in any incentive, referral program, or promotion, you agree to the terms and conditions that are in effect.

15. RIGHTS TO INTELLECTUAL PROPERTY

Impiya or its licensors are responsible for all intellectual property rights in the App, the Services, and any materials, content, or information that we provide. You agree not to duplicate, reproduce, modify, distribute, or create derivative works from any content or materials provided by us without our prior written authorization. You further acknowledge that you have no rights, title, or interest in or to any such intellectual property.

16. SUSPENSION AND TERMINATION

We may, at our sole discretion, suspend or terminate your account and access to the Services at any time and for any reason, including but not limited to if we suspect that you have violated these Terms of Use or have engaged in any illicit or unlawful behavior. You have the right to terminate your account at any time by sending us a formal notice. You will be unable to use the Services after termination, and the App must be promptly removed from your devices. Your termination will not affect any accrued liabilities or monies that are owed to us.

17. LIMITATION AND DISCLAIMER OF LIABILITY

The Services are provided "as is" and "as available," without any express or implied warranties, to the fullest extent permitted by applicable law. Impiya does not guarantee the Services' availability, accuracy, or complete security. Impiya will not be held responsible for any indirect, incidental, special, consequential, or punitive damages that may arise from your use of or inability to use the Services, even if it has been informed of the possibility of such damages. Impiya and its officers, directors, employees, agents, licensors, or suppliers are included in this.

18. COMPENSATION

We retain the right to amend these Terms of Use at our sole discretion at any time. Any modifications to these Terms of Use will be immediately effective upon their publication on the Apps or notification via the contact information you have offered. It is your responsibility to remain informed about any modifications and to monitor the Terms of Use for any updates. If you continue to utilize the Services, you will implicitly consent to any modifications or additions to these Terms of Use that are published. Please discontinue your use of the Services and delete the Apps from your devices immediately if you do not concur with the revised Terms of Use.

19. AMENDMENTS TO THE TERMS OF USE

We retain the right to amend these Terms of Use at our sole discretion at any time. Any modifications to these Terms of Use will be immediately effective upon their publication on the Apps or notification via the contact information you have offered. It is your responsibility to remain informed about any modifications and to monitor the Terms of Use for any updates. If you continue to utilize the Services, you will implicitly consent to any modifications or additions to these Terms of Use that are published. Please discontinue your use of the Services and delete the Apps from your devices immediately if you do not concur with the revised Terms of Use.

20. WORKSHEET

In the absence of our prior written agreement, you are prohibited from assigning, transferring, or delegating any of your rights or responsibilities under these Terms of Use. We may, without your consent, assign, transfer, or delegate all or a portion of our rights and responsibilities under these Terms of Use to any affiliate or in connection with a merger, acquisition, asset sale, or other business transaction.

21. FORCE MAJEURE

With the exception of payment obligations, neither party will be held responsible for any failure or delay in performing under these Terms of Use that is caused by acts of God, war, terrorism, natural disasters, pandemics, government regulations, strikes, or issues with communication or utilities.

22. REQUIREMENTS FOR FORMAL WAIVER

It is not permissible to waive any provision of these Terms of Use unless the party seeking to enforce it signs and documents the waiver in writing. The inability of any party to exercise or enforce any right or provision of these Terms of Use shall not be deemed to constitute a relinquishment of that right or provision.

23. SEVERABILITY

The remaining provisions of these Terms of Use will remain in full force and effect in the event that any provision is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction. The invalid, illegal, or unenforceable provision will be replaced by a provision that is valid, legal, and enforceable and most closely resembles the parties' original intent.

24. THE ENTIRE AGREEMENT

These Terms of Use supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral, regarding the subject matter of this document. They are the complete agreement between you and Impiya with respect to the Services, as well as the Impiya Credit Agreement, Privacy Policy, and any other policies or guidelines referenced herein.

25. NO CONNECTION TO THIRD PARTIES

No rights or remedies are granted to any individual or entity other than you and Impiya, unless otherwise specified in these Terms of Use. There are no third-party beneficiaries to these Terms of Use.

26. SUMMARY

The titles of these Terms of Use are solely for the purpose of convenience and do not interfere with the interpretation or construction of any of their provisions.

27. COMMENTS

In accordance with these Terms of Use, any written notices or other communications that are required or authorized shall be sent to the email addresses or addresses supplied by each party during the account registration process, or as updated by either party over time. The notices or communications shall be considered given when they are personally delivered, sent by registered or certified mail (postage prepaid, return receipt requested), or sent by email (with email affirmation of receipt).

28. THE MEDIATION OF DISPUTES AND GOVERNMENT LAW

The laws of the Republic of Zambia shall regulate and apply to the interpretation of these Terms of Use and any issues that arise out of or related to them or the Services. The Republic of Zambia courts shall have exclusive jurisdiction over any dispute, controversy, or claim that arises out of or relates to the Services or these Terms of Use.