1. DEFINITIONS

Biodata	Biographical information: Personal information with regard to gender, nationality, contact information, physical location, and any other
Controller	Means the natural or legal person, authority, organization or other agency that makes decisions individually or together with other parties regarding the purposes and means for processing Personal Data.
Ngao	Means Ngao Credit Limited, a non-deposit-taking Microfinance institution also registered as a data controller and a data processor
GDPR	Means the General Data Protection Regulation((EU) 2016/679)
Personal Data/ Personal Information	Means any information identifying you or information relating to you that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data excludes anonymous data or data that has had the identity of you as an individual permanently removed.
Sensitive Information	refers to Personal Information (1) about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; (2) about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; (3) issued by government agencies peculiar to an individual which includes, but not limited to, ,social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and (4) specifically established by an executive order or other legislative act to be kept classified.
Processor	Means a natural or legal person, authority, organization or other agency that processes Personal Data on behalf of the Controller.
Register of Systems	Means a register of all systems or contexts in which personal data is processed by Ngao

1. INTRODUCTION
   1. Ngao is a digital credit provider specialized in consumer lending. Through our Mobile App you can use our Services and apply for a consumer loans.
   1. Ngao’s Mobile App greatly simplifies the process of obtaining a loan by allowing you to borrow amount according with internal credit policy that you qualify for, within the allowed limits. It uses your data provided by you and necessary algorithms as well as internal rules/policies to identify you, verify your identity, assess your creditworthiness, credit risk, create a credit score for you and to comply with applicable laws, regulations, and rules, such as those relating to KYC (know-your-customer) and anti-money laundering requirements, also to analyse your behaviour and to detect and prevent fraud and other illegal uses of our services.
   1. This Policy explains what personal information we collect, how the data are shared, and you can inform us to do not share certain information with certain third parties.
   1. Please read the following Policy. If you will have any questions feel free to contact us in accordance with the Policy procedures.

1. SCOPE OF THE DATA PROCESSING TERMS AND CONDITIONS

1. These Data Processing Terms and Conditions together with our Terms of Use and Loan Account Agreement as set out at https://www.ngaocredit.com/terms-and-conditions/  and any additional terms of use applies to your use of:4
   1. Ngao Credit Limited’s mobile application software (App) available on our site OR hosted on the Google Play Store (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device); and
   1. Any of the services accessible through the App (Services) or those available on the App Site or other sites of ours or other third-party Sites (Service Sites).
   1. This Policy sets out the basis on which any personal data we collect from You, or that you provide to us, will be processed by us.

1. CONSENT

 Please be informed that by downloading Ngao’s Mobile App you consent to the following:

“By downloading Ngao’s Mobile App, I hereby give consent to the collection and processing of my personal information for legitimate business purposes, included but not limited to determining my credit score, my loan limit and providing a loan.
 I hereby certify that all the provided information are true and correct to the best of my knowledge, and that I will immediately notify Ngao of any inaccuracies in the data  provided. At the same time I authorize Ngao to verify and investigate the above statements and provided information. For this purpose, I consent to the processing of any personal information and records relating to me that might be obtained from third parties, including government agencies, employer, credit bureaus, business associates and other entities you may deem proper and sufficient in the conduct of the proper verification process.”

• You can withdraw your consent to our collection, processing or use of your personal information at any time by making a request on dpo@ngaocredit.com 

1. INFORMATION WE COLLECT

We must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Services. This also includes when you install, access, or use our Services. The types of information we receive and collect depend on how you use our Services.

1. Information You Provide

1. Personal Information/Sensitive Information
2. You may be asked to provide us information about yourself when you register for and/or use our App.
3. This includes but is not limited to:
4. Contact information, such as name, telephone number, profile picture, personal description, and postal and email address;
5. Login credentials, such as password and security questions and answers;
6. Account information, financial history and transaction information, such as account numbers and other unique customer identification numbers, debit transaction history, Invoices, LPOs, and income as well as expenses information from your bank and/or Mpesa statements;
7. Demographic information, such as age, date of birth, employment information, marital status, sex, gender, and military or veteran status;
8. Government-issued identification information, such as Social Security number or tax identification number, National Identification Number (ID number), passport or driver’s license data, and other information related to government-issued identification;
9. Geographic location information based on services you request (e.g., helping you locate the nearest branches);
10. Telephone carrier information, such as your phone number
11. Other information you choose to provide, such as through our “Contact Us” feature, job application, emails or other communications, social media pages, surveys, registrations, and sign-up forms;
12. Publicly-available information, such as from social media services.your name, surname, address, e-mail address, phone number, mobile phone number, your ID data, password, personal description or photography, employer name and address, 

1. Collateral Information

• This includes information on the collateral that you will use/are using to get financing from us such as your car registration number, insurance details of your car, your car’s latest valuation report, your car make, model, Year of manufacture etc.

1. Push Notifications
2. Please be informed that we may from time to time send you push/sms notifications concerning regarding your account, certain features of the App, marketing messages or other information related to our Services or transactions. 
3. You have the right to opt-out from receiving this type of notification at any time by following the necessary prompts or by turning them off in your device’s settings.

1. Payment Data

1. We may collect data necessary to process your payment if you make payments for your loan facilities with us, such as the product you want to make payment for

1. Customer Support (Communication Data)

• You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you with customer support. For example, you may send us an email with information relating to our services performance or other issues.

• This information may be collected through any of the following mechanisms:
• provided by filling in forms in the App or physically;
• provided by corresponding with us (for example, by e-mail or chat);
• provided by registering to use our App, downloading, or registering the App, subscribing to any of our Services (such as applying for a loan), sharing data via the App’s social media functions, entering a competition, promotion or survey, and reporting a problem with the App, our Services, our App Site or any of Our Service Sites.
  • Automatically Collected Information

1. Usage and Log Information
2. We collect information about your activity on our App, like service-related, diagnostic, and performance information. This includes information about your activity (including how you use our App, your App settings, how you interact with others using our App, as well as the time, frequency, and duration of your activities and interactions while using our App), log files and performance logs and reports.
3.  This also includes information about when you registered to use our App and the features you use in the App.

1. Device and Connection Information 
2. We collect device and connection-specific information when you install, access, or use our App.
3. This includes information like hardware model, operating system information, app version, browser information, connection information including phone number, mobile operator or ISP, language, time zone, IP, device operations information, and identifiers like device identifiers (including identifiers unique to Ngao’s   products associated with the same device or account).

1. Location Information 
2. We collect device location information if you use our location features, like viewing locations of our nearby branches, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our App’s location features. 
3. We use various technologies to determine location, including IP, GPS, Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

1. Third-Party Information

1.  Third-Party Service Providers 
2. We work with third-party service providers to help us operate, provide, improve, understand, customize, support, market our services and to fulfil our legal obligation.
3. To achieve this, we may obtain information concerning you from the following sources including but not limited to – Payment Company Providers, Banks, Identity Verification Companies, Credit Reference Agencies, Credit Analysis companies, Debt Collection Companies, Value Added Services Providers, Government Departments and Agencies, Marketing Agencies, Employers and Mobile Network Operators (“Third Party Providers”) and we may receive information about you from them.
4. We also work with companies to distribute our apps, provide our infrastructure, delivery, help us understand how people use our App, market our Services, help you connect with businesses using our Services, conduct surveys and research for us, and help with customer service. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

1. HOW WE USE INFORMATION/LEGAL BASIS OF PROCESS YOUR INFORMATION

The General Data Protection Regulation (GDPR) and the Kenyan Data Protection Act require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information: 

1. Consent – We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
2. Contractual Obligations (Loan Processing)

We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you and our contractual obligations include:

• to verify your identity;
• processing of payment and settlement instructions;
• to assess credit risk;
• to check our database for duplicate occurrences of your data (blacklist);
• to process your transactions – loan requests, applications, payments etc
• to provide you with personalized loans;
• to disburse loans and collect payments related to the offered Services,
• to build the credit models and perform credit scoring;
• to analyze your behaviors including loan repayment behaviours;
• to localize the technical issues with our App and Services;
• to contact with you through distance communication channels like phones, SMS, WhatsApp or e-mail messages,
• to present you marketing content and promotional offers concerning our Services;
• to check our database during logging to our App, whether used mobile phone number already exist in our database;
  • Lawful Obligations

• collection of loans and any amount outstanding from you;
• compliance with any risk, regulatory duty or lawful obligation including responding to regulators or supervisors, carrying out anti money laundering investigations, record keeping obligations, etc;
• to comply with applicable laws, regulation, guidelines, rules such as those relating to “Know Your Customer” obligations;
• to perform obligations concerning anti money laundering checks,
• compliance with codes of conducts or best practices; or
• fraud detection and prevention of other illegal use of our Services and Service Sites in line with the laws of Kenya;

1. Legitimate Interest

We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:

• improving our Services to you and your experience with us;
• offering rewards and other incentives to our customers;
• collaborating with Third Parties to provide a Service or to improve our services to you;
• educate you about Services or any other information that might be useful to you as our customer;
• improving our business, processes, policies etc;
• improve our data quality;
• troubleshooting issues with our Services and Service Sites;
• carry out research, experiments and tests; or
• marketing, advertising and sensitisation of our Services.
• communicating with you regarding requests about our App or Services provided to you.

1. DISCLOSURE OF INFORMATION
2. We may share Consumer Information with a limited number of our partners for research and development. We may also provide anonymous Consumer Information for our external partners for the purposes of compiling statistics relating to our users base, loan portfolio, analysis.
3. When you use our App you agree that we may as it is necessary and appropriate share, transfer and disclose Consumer Information to the following recipients:
   1. Any member of our Group, which means our subsidiaries, affiliates, our holding company, and its subsidiaries. The Group and its subsidiaries will not use your messages for any purpose other than to assist us in operating and providing our Services; – 
   1. Financial institutions such as payment companies, banks, credit reference bureau, debt collection companies, investment companies, correspondent and agent banks, settlement and switch for the purpose of providing Services to you, for the settlement of financial transactions, repayment of loans, credit assessment, outsourcing delinquent and defaulted accounts to third party debt collectors and reporting defaulters to any credit reference bureau;  
   1. Identity verification companies, mobile network operators, etc. provided that any of these entities have an obligation to comply with Data Protection Laws in Kenya or similar regulations;
   1.  to third party services providers which has concluded relevant contracts/agreement with Ngao that support us in our business operations in particular in marketing, identification of your identity, fraud prevention, anti money laundering and transaction processing, specialized in analytical tools or providers of information search services, hosting and website development, risk assessment, debt recovery and customer service. We will share the data only when it is necessary to appropriate perform our legal obligations and the proper performance of the Services;
   1. Agents, vendors, advisors, and third-party service providers for the purpose of providing and operating any of our Services to you at your request. When this happens, we will require the third parties to handle your information using the same level of care that we apply. We will also require them to only use Your Information according to our instructions and directions. We will not otherwise disclose your information to third parties unless we have your permission, or we are under a contractual, legal or similar obligation.
   1. government official’s, law enforcement or other third parties, but only in relation to a formal request, court order or a similar legal procedure or when we assume that the disclosure is necessary to comply with the law, prevent physical arms, financial losses, report suspected illegal activity or to investigate violations of our Services or any other legally permissible purposes;
   1. to persons acting on your behalf for examples your lawyers if need be, beneficiaries, etc
   1. Regulators, supervisors, or anti-money laundering and fraud prevention agencies authorities; where we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or requests;
   1. In the event of a proposed merger, acquisition or transfer of our business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets on the condition that the recipient comply with the provisions of the Data Protection Act or similar provisions;
   1. Any third party that provide referrals, targeted marketing, or lead generating services for us; 
   1. In order to enforce our Terms and Conditions and other agreements;  
   1. Cloud infrastructure such as Amazon Web Services or any other infrastructure provider that we may appoint from time to time towards the provision of our Services;
   1. For the purpose of publishing statistics relating to the use of the App, in which case all information will be aggregated and made anonymous;
   1. competent national authorities and non-governmental organizations, as well as other third parties to provide a full assessment of your creditworthiness;
   1. with external suppliers providing payment processing services when executing a direct debit or other payment due under the loan agreement you have entered into with you; then we may share your personal data;
   1. to debt collection companies, credit reference bureaus and companies providing legal services in the event of non-performance or improper performance of your obligations arising from concluded loan agreement, we may transfer data regarding your overdue liabilities 
   1. to the analysts and service providers who provides App services to help us improve and optimize our application;
   1. during sells all or part of our business or transferring our receivables to a third party.
4. Except as set forth in this section, Ngao does not share, sell, or rent personal information it collects about you to or with any third parties.

1. STORAGE/RETENTION, TRANSFER AND SECURITY OF YOUR INFORMATION

1. All information you provide to us is stored in our secure servers. If shared, it is shared via secure links https to ensure that data integrity and security is ensured
2. We will store your information for a minimum of Seven (7) years as required by the Communication Act of Kenya.
3. Information about you in our possession may be transferred or stored in other countries outside Kenya if this is necessary in order to perform our agreements with you. For example, we may use third parties such as Switch Link Africa or Upesi Money Transfer Ltd to enable you to make payments. 
4. We may share your data with other Ngao Branches, its affiliates, any regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over Ngao, any agent, contractor or third-party service provider, professional adviser or any other person under a duty of confidentiality to Ngao, credit reference agencies and, in the event of default, debt collection agencies, any actual or potential participant or sub-participant in, assignee or transferee of Ngao in countries outside Kenya.These third parties are subject to supervision by their regulators.
5. If we transfer your data to other parties outside Kenya, we take additional measures to protect your data. Ngao may leverage on technologies such as Cloud, which may result in your data being shared and stored in different jurisdictions. However, in such cases, the highest level of protection will always be embedded to safeguard your data
6. When we, or our permitted third parties, transfer information outside Kenya, we or they will impose contractual obligations on the recipients of that data to protect such information to the standard required in the Kenya.
7. We may also transfer your information where the transfer is to a country deemed to provide adequate protection of your information by the Data Commissioner or you have consented to the transfer.
8. If we transfer your information outside Kenya in other circumstances (for example because we have to provide such information by law), we will use best endeavours to put in place appropriate safeguards to ensure that your information remains adequately protected.
9.  Where we have given you (or where you have chosen) a password which enables you to access certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
10. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
11. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

1. DATA PROTECTION PRINCIPLES

When we process your personal data, we are guided by the following principles, which require personal data to be:

1. processed lawfully, fairly, in a transparent manner and with respect for the dignity of the human person;
2. collected only for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
3. adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
4.  accurate and where necessary kept up to date;
5. removed or not kept in a form which permits identification of data subject for longer than is necessary for the purposes for which the personal data is processed;
6. processed in a manner that ensures its security, using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage

1. YOUR RIGHTS AS A DATA SUBJECT
   1. Right to be informed
2. We must provide you with certain information related to how we collect your personal data, how we use your personal data (and our legal basis for doing so), who we share your personal data with, where we obtained your personal data and your rights as a data subject. This information is provided within Our App and in this Privacy Policy in clear language.
   1. Right to access

• You may ask for a copy of the personal data (as defined under applicable law) we hold concerning you (and your Information related to such personal data), as well as information on how such personal data has been processed, unless providing some or all of it would adversely affect the rights and freedoms of others or applicable law requires that we do not comply with your request. 
• The right to access does not apply to analyses made by the Company with respect to your personal data, such as inferred, derived, modeled, or business-generated data. 

1. Right to rectification

• You may ask us to correct any personal data which you believe to be inaccurate. We will promptly update any such personal data. In connection with your request, you may be required to provide supporting evidence or other documentation so that we may verify the accuracy of the request.

1. Right to erasure

     You may ask us to erase your personal data (as defined under applicable law):

• If you believe it’s no longer necessary for us to retain such personal data;
• If you do not believe we have legitimate ground for processing it;
• If you think we are using such personal data unlawfully; and/or 
• If you think applicable law requires that we do so.

1. Right to restrict or object to processing.

Where the processing of your personal data is based on your consent or our legitimate interest, you may ask us to stop using your personal data (as defined under applicable law):

• if you think such personal data is inaccurate; 
• if you think it’s illegal for us to use such personal data;
• if you don’t want us to destroy such personal data because you need it for legal proceedings.
• if you’ve informed us that we don’t have a legitimate reason for using it and we’re considering your request.
  • Right to data portability
• If we’re using your personal data on the basis of your consent or because we need it to carry out our contractual obligations to you, you can ask us to give you your personal data (as defined under applicable law) in a structured, commonly used and machine-readable format or have it transmitted to another data controller. 
• The right to data portability is limited to data that you provided actively and knowingly, or that you provided by virtue of the use of our services.
  • Right to damages
• You have a right to be indemnified if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as data subject.
  • Right to file a complaint
• You have the right to file a complaint with the relevant government agencies for any violation of your rights as a data subject, including the Data Commissioner of Kenya.
• EXCLUSION OF LIABILITY AND CUSTOMER OBLIGATIONS
  • You agree to inform us promptly, and in any event, within 30 days, in writing if there are any changes to the Personal Information you supplied to us from time to time, and to respond promptly to any request from us.

Where:

• you fail to provide us promptly with the correct personal, sensitive and customer Information that we reasonably requested, or
• you withhold or withdraw any consents that we may need to process, transfer or disclose Customer Information for the Purposes (except for purposes connected with marketing or promoting products and services to you), or
• we have suspicions regarding Financial Crime or an associated risk.

We may:

• be unable to provide new, or continue to provide all or part of the, Services to you and reserve the right to terminate our relationship with you;
• take actions necessary for us to meet the Compliance Obligations; and/or
• block, transfer or close your account(s) where permitted under local Laws.
  • In addition, if you fail to supply promptly your Tax Information and accompanying statements, waivers and consents, as may be requested, then we may make our own judgment with respect to your status, including whether you are reportable to a Tax Authority, and may require us or other persons to withhold amounts as may be legally required by any Tax Authority and paying such amounts to the appropriate Tax Authority
  • You agree that We shall not be liable for any loss or damage arising from or incidental to our use, collection, processing and sharing of Customer Information, and any action we have taken in relation to this Section.
• PERMISSIONS
• Depending on your Android Operating System and the version of Our app installed on your device, the following device permissions may be accessed by the App. Keep your Ngao Mobile App updated to make sure you can experience the latest and most secure features:
• Location – This helps us to give you better services e.g by indicating which branch is nearest to your current location once to consent to share such information while using the App.
• UPDATES TO OUR POLICY
• We may modify this Privacy Policy from time to time. If we decide to make material changes to this Privacy Policy, you will be notified through our App, via text or by other available means and will have an opportunity to review the revised Privacy Policy. 
• By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

1. GOVERNING LAW AND JURISDICTION  
2. These Data Privacy Policy shall be governed by the Laws of Kenya. 

1. CONTACT INFORMATION

The Data Protection Officer for Ngao can be contacted at dpo@ngaocredit.com  

TERMS AND CONDITIONS FOR THE NGAO CREDIT LIMITED DIGITAL CREDIT SERVICES

1. THE AGREEMENT

1.1These terms and conditions (“hereinafter referred to as the Terms and Conditions”) form the contract between You (as hereinafter defined) and Ngao Credit Limited (“hereinafter referred to as NCL”) and together with the Repayment Terms (as hereinafter defined) and our Data Privacy Statement contain the complete Terms and Conditions which shall be applicable to the NCL Digital Credit Services (as hereinafter defined).

1.2These Terms and Conditions take effect on their date of publication. Any amendments or variations thereto shall take effect as set out herein below.

1.3You have the right to seek independent legal counsel in order to fully understand the implications and potential consequences of agreeing to these Terms and Conditions prior to clicking the “Accept” button. By clicking the “Accept” button, you indicate 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).

IT IS AGREED AS FOLLOWS:

2. DEFINITIONS AND INTERPRETATIONS

2.1In these Terms and Conditions, the following words and expressions bear the following meanings:

2.1.1“Data Privacy Statement” means the NCL document that explains the personal data that we collect from you, how we process it and for what purposes.

2.1.2“NCL,” “We” means Ngao Credit Limited;

2.1.3“Borrower,” “You” means the person or customer who makes a Request to NCL and includes the personal representatives of such person;

2.1.4“Call Centre” means NCL’s designated department that handles all customer care related queries and complaints;

2.1.5“Charges” means the fees applicable for the Facility and contained under Schedule 1 Part B, below;

2.1.6“Collateral” means an asset pledged as security by the Borrower to NCL to secure a Facility and includes a motor vehicle, shares or such other security that may be pledged and accepted by NCL to secure the Borrower’s obligations;

2.1.7“Device” includes your mobile phone handset, Sim Card and/ or other device which when used together enables you to access the Digital Credit Services;

2.1.8“Designated Account” has the meaning set out in clause 6.6;

2.1.9“Digital Credit Services, “Services” means any form of financial services or Facility that NCL may offer you pursuant to this Agreement and as you may from time to time subscribe to via the NCL Digital Platforms and “Service” shall be construed accordingly;

2.1.10“Digital Platform” means the electronic online lending channels approved or launched by NCL to facilitate the borrowing and lending of a Facility and includes the NCL mobile application (NCL App) and USSD channels and any other digital channels as may be approved by NCL from time to time.

2.1.11“Event of Default” has the meaning given in clause 14;

2.1.12“Facility” means any loans or funds advanced to the Borrower by NCL pursuant to a Borrower’s Request;

2.1.13“Loan Statement” means a statement of loan account provided by NCL to the Borrower via the Digital Platform detailing the current loan balance, interest charges, due dates and other information that NCL may deem necessary such as payment status;

2.1.14“Mobile Network Operator” means a mobile network operator licensed as such in Kenya;

2.1.15“M-PESA Service” means means the money transfer and payments service provided by Safaricom through the M-PESA System;

2.1.16“Network” means a mobile cellular network operated by a Mobile Network Operator;

2.1.17“Product” means the various specific type of loan facilities offered by NCL with the features stipulated in the Digital Platform including but not limited to Jijenge Loan, Import Finance Loan, Logbook loan, Share Secured Loan, Mobi Loan and Trade Finance Loan;

2.1.18“Repayment Terms” means the specific terms relating to repayment of a Facility including but not limited to repayment amount, interest and tenor as shall have been accepted by the Borrower either in writing or via the Digital Platform;

2.1.19“Request” means a request, application or instruction received by NCL from you or purportedly from you through the Digital Platform and upon which request NCL is authorized to act;

2.1.20“USSD” refers to one of NCL’s Digital Platform through which you enter a code on your mobile device to enable you access the Services;

2.1.21“Security Agreement” means an agreement entered into between you and NCL creating a security right over the Collateral in favour of NCL;

2.1.22“SMS” means a short message service consisting of a text message transmitted from one mobile to another;

2.1.23“System” means NCL’s electronic lending platform and communications software enabling the borrower to communicate with NCL for the purposes of these services;

2.1.24“Third Party Partners” means banks, telecommunication service providers, mobile money operators, payment companies, credit reference bureaus, debt recovery companies, or any other person (entity) that provides any form of service or information to us to facilitate the provision of the Services;

2.1.25“We”, “our” “us” “NCL” means Ngao Credit Limited a private limited liability company incorporated under the Companies Act (Cap 486 Laws of Kenya) (Now Repealed) and includes subsidiaries of NCL as may from time to time be specified by us to you and includes the successors and assigns of NCL;

2.1.26Any Reference to:i.Borrower shall include both the masculine and the feminine gender as well as the juristic persons;ii.Document includes any variation or replacement of it;

2.1.27Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2.1.28Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

3.1Before registering on our Digital Platforms or making a Request, you should first carefully read and understand these Terms and Conditions which will govern the use and operation of our Digital Platform and the Services.

3.2By downloading our App or accessing our Digital Platforms or registering an account with us, you agree to comply with and be bound by these Terms and Conditions.

3.3You will be deemed to accept the Terms and Conditions upon clicking the “Accept” option asking you to confirm that you have read, understood and agreed to abide by the Terms and Conditions. Please note that you will not be able to access the Services if you do not accept the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not offer the services to you and we do not authorize use to make use of our Digital Platform.

3.3Furthermore, you will be deemed to have read, understood and accepted these Terms and Conditions by accessing our Digital platforms and following through all the prompts and completing a Request. You affirm that these Terms and Conditions are without prejudice to any right that NCL may have in Law or otherwise with respect to the Services.

3.4The Borrower acknowledges that he or she fully understands the provisions of this Agreement and has entered into it voluntarily for his or her own benefit.

3.5From time to time updates to the Digital Credit Platforms may be issued through our website or via the Digital Platforms. Depending on the update, you may not be able to use the Services until you have updated or streamed the latest version of the Digital Platform and accepted any new terms and conditions.

3.6By using the Digital Platform or any of the Services, you consent to us collecting and using technical information about the Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the Digital Platform.

3.7These Terms and Conditions may be amended or varied by NCL from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. Such variation or modification shall come into effect within 30 days following notification to you. Such notification may be made via SMS or via the Digital Platform.

3.8These Terms and Conditions are available on our Digital Platform.

4. REGISTRATION

4.1To be able to make a Request or access our Services, we require that you register by creating an account with us by following through all the prompts and accepting the Terms and Conditions.

4.2At the initial registration, we may require you to appear physically at any of our designated branches and furnish any information or documentation as we may deem necessary to successfully complete the registration process. Failure to provide the required information or documentation within the required time may result in NCL declining to register your account.

4.3Once successfully registered, you will be in a position to make Requests via our Digital Platforms;

4.4You will only be required to register an account once. All other subsequent access Requests and usage of Services shall be pegged to the initial registration.

4.5You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all other activities that occur on your Device.

4.6Upon making an application for registration, you hereby agree and authorize NCL to access any information available to ascertain your identity and background including obtaining your personal information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such personal information by the Government of Kenya.

4.7Upon successful registration, you are advised to familiarize yourself with the features of each Product as you shall be deemed to have understand the specific features of the Product that you choose.

4.8If you do not accept all of these Terms and Conditions, then you should not proceed with the registration.

5. REQUESTS

5.1You hereby irrevocably authorize NCL to act on all Requests received by NCL from you (or purport-edly from you) through your account and to hold you liable in respect thereof.

5.2NCL shall be deemed to have acted properly and 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 NCL may act if NCL has in good faith acted in the belief that such instructions have been sent by you.

5.3NCL reserves the right and is entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if in its absolute discretion, NCL believes that it can correct the incomplete or ambiguous information in the request without any reference to you being necessary;

5.4NCL may, in its absolute discretion, decline to act on your Request in accordance with the whole or any part of your request pending further inquiry or further confirmation (whether written or otherwise) from you.

5.5You agree to and shall release from and indemnify NCL against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to NCL having acted in accordance with the whole or any part of any of your requests (or failed to exercise) the discretion conferred upon it.

5.6You acknowledge that NCL shall not be liable for any transaction, any activity or any incident on your Device whether or not occasioned by your negligence. You further acknowledge that to the full extent permitted by law NCL shall not be liable for any unauthorized drawing, transfer, remit-tance, 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 or not oc-casioned by your negligence

5.7NCL is authorized to effect such orders in respect of your loan account as may be required by any court order or competent authority or agency under the applicable laws.

5.8In the event of any conflict between any terms of any Request received by NCL from you and these Terms and Conditions, these Terms and Conditions shall prevail.

6. FACILITY APPROVAL

6.1Subject to successful registration of an account with us, you may apply for a Facility through our Digital Platforms. We may at our discretion, require you to appear physically at any of our branches to furnish any such information or documentation required to assess and process your Facility application.

6.2Upon making an application for a Facility, NCL shall assess your request according to the appli-cable loan appraisal processes of NCL and at its own discretion either approve, revise or decline the Request without necessarily giving any reasons thereof.

6.3We reserve the right to request for further information from you pertaining to your Request for a Facility at any time. Failure to provide such information within the time required by us may result in NCL declining to accept your application.

6.4We reserve the right to decline your application for a Facility or to revoke the same at any stage at NCL’s sole discretion and without assigning any reason or giving any notice thereto.

6.5Where we revise a Facility Request, we shall notify you of the revised terms and require you to approve the said revised terms prior to us disbursing the Facility.

6.6NCL’s acceptance of your application for a Facility will be displayed on the NCL App or a notifi-cation sent to you via SMS on your registered mobile number.

6.7The proceeds of the Facility will be credited to the Borrower’s designated bank account or Mo-bile Money Account as shall have been provided by the Borrower to NCL (“hereinafter referred to as the Designated Account”) subject to any deductions on account of applicable Transaction Fees and shall be used strictly for the purpose it was applied for and approved. It shall be the responsibility of the Borrower to inform NCL of any changes to the Designated Account prior to making a Request. Where you fail to notify NCL of such changes as stipulated herein, you shall be liable to the repayment obligations notwithstanding that the Facility is credited into a different account.

6.8If NCL requires the Borrower to pay off a debt to another credit provider as a condition of the Borrower’s loan or if the Borrower requires that a Facility or any part thereof be used to pay off such other debt, the Borrower must obtain a statement from the credit provider showing how much is required to pay off the debt and avail to NCL, and upon approval of the Facility, NCL will make a direct payment to the credit provider and pay the remainder of the Borrower’s loan to the Designated Account.

6.9By making an application to NCL for a Facility, you authorize NCL to:

6.10access your credit history from a registered Credit Reference Bureau;

6.11analyse your bank or Mobile Money statements furnished to us to assess your creditworthiness and ability to meet your repayment obligations;

6.12to register details of your conduct of your loan account with any Credit Reference Bureau pro-vided that where such conduct to be registered is negative we shall give you at least 14 days prior written notice.

7. REPAYMENT OF THE FACILITY

7.1Once a Facility is disbursed to the Borrower in accordance with these Terms and Conditions, the Borrower is liable to repay the same. No cancellation of a Facility Request shall be effected by NCL after disbursement of a Facility.

7.2The Tenor of the Facility shall be as stipulated in the Repayment Terms.

7.3The Borrower agrees to pay interest in relation to the Facility advanced at the rate indicated in the Repayment Terms. NCL reserves the right to vary from time to time, at its sole discretion and within the limits permitted by law, the applicable interest rate upon giving at least (30) days’ notice to the Borrower.

7.4The Borrower shall make all payments in respect of the Facility comprising of principal and in-terest in accordance with the Repayment Terms. The Borrower shall make the payments on the due dates and within the duration agreed upon in the Repayment Terms.

7.5The Borrower shall make all payments due to NCL in respect of the Facility using the M-PESA Service via paybill no.932900 and the borrowers ID No as the account number. Where the Bor-rower wishes to make payment through NCL’s bank accounts by direct deposit or by swift transfer, the same may be made to the following bank accounts in which case the Borrower shall send the EFT/RTGS Confirmation or payment slip to our email accounts@ngaocredit.com to enable us update the Loan Statement:

BANK: EQUITY BANK
BRANCH: COMMUNITY CORPORATE
BANK SWIFT CODE: EQBLKENA
SORT CODE: 68-018
A/C NAME: NGAO CREDIT
A/C NO. 0180293831792

BANK: I & M BANK
BRANCH: ONGATA RONGAI BRANCH
BANK SWIFT CODE: IMBLKENA
SORT CODE: 57-012
A/C NAME: NGAO CREDIT LIMITED
A/C NO. 01201085281210

7.6No cash should be handed or paid to an employee of NCL. NCL shall not take ANY responsibility for money paid to any of its employees.

7.7Where a payment is made on a particular date but clears on a different date, the payment made is deemed to have been received on the date funds are cleared, and not on the date of payment.

7.8You must check your Loan Statement carefully and notify NCL as soon as possible if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions. NCL reserves the right to rectify discrepancies, add and/or alter the entries in your Loan Statements, without prior notice to you. We will, however, inform you of any recti-fication, additions and or alterations effected on your statements within a reasonable time after the changes are affected. The Loan Statement issued by NCL to you in respect to a Facility ad-vanced to you shall in the absence of manifest error be conclusive evidence of the status of your account.

7.9NCL reserves the right to call up the Facility upon which the whole of the monies remaining payable by the Borrower shall immediately become payable by the Borrower without demand if any event of default as highlighted in Clause 14 occurs.

8. LATE PAYMENT INTEREST

8.1If any sum payable by the Borrower with respect to the Facility is not paid when due, then the Borrower shall (without prejudice to the exercise by NCL of any other right or remedy in favour of NCL) pay to NCL interest at the rate of 8.5% per cent over and above the then applicable rate of interest payable by the Borrower, on all monies due with effect from the lapse of 14 calendar days from the due date of payment (“Late Payment Interest”). Thereafter the Late payment Inter-est will continue to accrue after every 14 calendar days that the monies remain unpaid until settlement in full.

8.2The Borrower acknowledges and agrees that the Late Payment Interest represents a reasonable pre-estimate of the loss likely to be suffered by NCL due to the Borrower’s default, and shall be calculated and paid in the manner as set out above.

9. FEES, CHARGES AND TAXES

9.1The Borrower hereby agrees to pay NCL and NCL is entitled to deduct from your loan Facility (without reference to you):
9.1.1all fees, commissions, costs, and other charges payable in connection with the use of our Services as indicated in Schedule 1 hereto;9.1.2all expenses incurred by NCL in suing for, recovering or attempting to recover any sum due to NCL including but not limited to legal charges which may include advocate and client charges, costs and expenses incurred in any legal, arbitration or other proceed-ings arising out of or connected with the Borrower’s failure to meet their obligations, auctioneer fees and yard storage fees;9.1.3any taxes, duties and impositions incurred in complying with your Requests as may be required under any applicable law.

9.2All 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 NCL an additional amount equal to the payment multiplied by the appropriate rate of tax.

9.3In the event of cancellation of a Facility prior to disbursement, NCL may charge a loan cancellation fee as per the cost incurred by NCL at the time of cancellation.

10. BORROWER’S DEVICE RESPONSIBILITIES

10.1You shall at your own expense provide and maintain in safe and efficient operating order your De-vice for the purpose of accessing our System or Services.

10.2You shall be responsible for ensuring the proper performance of your Device. NCL shall neither be responsible for any errors or failures caused by any malfunction of your Device, and nor shall NCL be responsible for any computer virus or related problems that may be associated with the use of our system.

10.3You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any information and/or document provided by NCL concerning the use of our system.

10.4You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Device. You shall ensure that your Device does not come into the possession of an unau-thorized person. NCL shall not be liable for any loss occasioned by any Third Party who comes into contact with your Device. You shall be liable to NCL for all Requests received in accordance with clause 5.1 and 5.2 above.

10.5You shall be responsible for charges due to any service provider providing you with connection to the Network and NCL shall not be responsible for losses or delays caused by any such service provider.

10.6You shall immediately inform NCL through our Call Centre in the event that you have reason to be-lieve that your Device has been used to complete a transaction fraudulently without your authori-zation, however NCL shall not be liable for the said unauthorized infringement.

11. COLLATERAL

11.1The Facility shall be secured by the Collateral furnished by the Borrower and accepted by NCL.

11.2You understand and agree that all loan facilities advanced via the Digital Platforms will be linked to a pre-existing Collateral. Where a pre-existing Collateral is not sufficient, we may require you to furnish additional Collateral.

11.3Any pre-existing Collateral and pre-existing security agreement shall be used as a continuing security for any other Facility you obtain through the Digital Platform. We reserve the right to amend the initial notice with the Registrar of Security rights to capture the refinanced amount.

11.4The Collateral furnished by the Borrower herein shall be a continuing Collateral (subject only to termination upon full repayment of the loan facility) and not be satisfied, discharged or affected by any intermediate payment or settlement of account. Unless otherwise agreed by NCL, any security that is presently held by NCL for other loans will also serve as security for a Facility under these Terms and Conditions and unless otherwise agreed with NCL no Collateral of the Borrower which is furnished with NCL shall be redeemed except on payment of all moneys advanced by NCL.

12. PREPAYMENTS

12.1The Borrower may prepay the whole or any part of the loan. Upon prepayment, interest charged by the Lender shall be subject to a rebate in accordance with NCL’s rebate matrix. A Rebate is a waiver on unearned Interest charges offered to the Borrower upon early settlement of the loan facility before the lapse of the loan period. The terms of rebate matrix shall be provided to the Borrower upon request.

13. INSURANCE, VALUATION AND TRACKING

13.1 Insurance13.1.1During the entire tenor of the facility until its full repayment, the Collateral must always be comprehensively insured by a licensed reputable insurance company acceptable to NCL and NCL’s interest on the Collateral pledged as security must be noted on the insurance policy.13.1.2NCL may at the Borrower’s request provide Insurance Premium financing through its appointed brokers in which event the premium shall be added to the loan amount or deducted from the loan amount prior to disbursement.13.1.3The Borrower authorizes NCL to appoint an insurance Broker on the Borrower’s behalf (“Appointed Broker”). The Appointed Broker shall have the mandate and authority to auto renew the insurance cover upon expiry of any existing comprehensive insurance cover as long the Facility or any part thereof is outstanding.13.1.4In case of an accident, the Borrower shall notify NCL or the Appointed Broker through the contacts provided herein.13.1.5The Appointed Broker shall assist with accident claim follow-ups.13.1.6The Borrower acknowledges that as a responsible lender, NCL has the right to insure the borrower’s loan in case of death or disability. The Borrower agrees to obtain a credit life policy issued by a licensed reputable insurance company acceptable to NCL, with the interest of NCL being duly noted on the policy document for an amount not less than the value of the Borrower’s loan for the tenor of the Facility. The customer agrees that the insurance shall be arranged through the Appointed Broker. The same shall be renewed automatically for the remaining loan period and the premium shall be added to the loan statement.

13.2 Valuation13.2.1Unless otherwise agreed by NCL, the granting of a Facility shall be subject to a recent valuation report of the Collateral submitted to NCL by NCL’s specified valuer. NCL shall only recognize and act upon valuations undertaken by NCL’s specified panel of valuers.13.2.2You acknowledge that certain movable Collateral is subject to depreciation. Accordingly, NCL reserves the right to revalue the Collateral at least once annually or at any given time during the tenure of the Facility at the Borrower’s expense.

13.3 Tracking13.3.1The Borrower hereby agrees for the Collateral Motor Vehicle to be fitted with a Car Tracking Device by NCL’s appointed tracking company at the cost and maintenance fee indicated in Schedule 1 herein. NCL shall only recognize and act upon tracking installations installed by NCL’s specified panel of tracking companies.13.3.2On completion of the repayment of the loan, the borrower shall present the Collateral motor vehicle for removal of the tracker within 14 days, otherwise, it shall be assumed that NCL has leased the tracker to the borrower at a cost of Kshs. 2000/- per month.13.3.3It is the Borrowers Responsibility to co-operate with NCL and ensure that he/she does not tamper with the tracking device. In the event that the tracking device ceases to function as a result of tampering and not a technical fault, the borrower will be subjected to a penalty of Kshs. 30,000/-or such other amount being the value of the tracking device and NCL shall be entitled to install another device at the expense of the Borrower. Such Penalty and expense amount may be added to your outstanding loan and you shall be liable to repay the same.13.3.4Should the tracking device develop a technical fault within the course of this loan period, Ngao Credit Ltd will contact the Borrower and he/she is to ensure that he/she submits the vehicle for issue resolution and restoration of the Transmission signal to normal status.13.3.5For any queries or assistance on the car tracking device installed, the borrower shall contact NCL using the contact details herein.13.3.6The borrower hereby authorizes NCL to provide the appointed tracking company with their personal information necessary, for the performance of this clause

14. EVENT OF DEFAULT

14.1 The Borrower will be in default under the terms of these Terms and Conditions if:14.1.1The Borrower fails to make any repayment of principal or interest or moneys in respect of the Facilities in full on its due date; or14.1.2There is a breach in the performance of any of the Borrower’s obligations under these Terms and Conditions or the Security Agreement or any of the Security documents held by NCL for the Facility; or14.1.3A distress, execution or other legal process is levied against any assets of the Borrower and the same is not discharged or paid within 7 days;14.1.4The Collateral is confiscated by any government authority or law enforcement officers;14.1.5The Borrower or a person acting under the Borrower’s instructions does or attempts to do any of the below actions with respect to the Collateral:a)Encumbers, sells, transfers or otherwise disposes the Collateral without the prior written consent of NCL;b)Uses the Collateral to carry out illegal dealings, and/or activities;c)Tampers with the Collateral eg. Removal of parts, re-painting etc without the prior written consent of NCL;d)Tampers with the tracking device installed in the Collateral;e)Any representation or warranty made by the Borrower herein or any information or documentation furnished to NCL for the purpose of obtaining the Facility being incorrect or falsified in any material respect as of the state of which it is made or there being material adverse change of the position as set out in such representation or warranty or any documents furnished to NCL.

14.2 If the Borrower defaults:14.2.1all amounts owing to NCL shall immediately become due and payable forthwith upon written demand by NCL;14.2.2all Collateral held by NCL to secure the Facility or to secure any other loans granted by NCL in addition to the Facility shall become immediately enforceable and NCL shall be entitled to instruct auctioneers to attach or seize the Collateral or to realize the Collateral by way of either private treaty or public auction and to recover any unpaid portion of the Facility plus all costs including but not limited to loan charges, legal, recovery and any other costs.14.2.3NCL may list the Borrower with any of the licensed credit reference bureaus in accordance with the prescribed laws;14.2.4NCL may take any legal steps or seek any legal redress available to it to recover the Borrower’s outstanding amounts due to NCL.

15. INDEMNITY

15.1In consideration of NCL complying with your instructions or Requests in relation your Account, you undertake to indemnify NCL and hold us harmless against any loss, charge, damage, expense, fee or claim (“Damages”) which NCL may suffer or incur thereby and you absolve us from all liability for loss or damage which you may sustain from us acting on your instructions or requests or in accordance herewith.

15.2indemnity shall also cover damages which we may suffer or incur arising from:15.2.1Our reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by us;15.2.2Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software.15.2.3Any unauthorized access to your Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.15.2.4Your failure to adhere to these Terms and Conditions and/or by supplying of incorrect information15.2.5The failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction.

16. EXCLUSION OF LIABILITY

16.1NCL shall not be responsible for any loss suffered by you should the Facility be interfered with or be unavailable by reason of the failure of your Device or any other circumstance not within NCL’s control including, without limitation, force majeure or error, interruption, delay or non-availability of our system, malfunction or failure or unavailability of any hardware, software, or equipment terrorist or any enemy action Device failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system, the loss or destruction of any data.>

16.2NCL will not be liable for any losses or damages suffered by you as a result of or in connection with:4.1.1Failure, malfunction, interruption, or unavailability of your Device.4.1.2Any fraudulent or illegal use of the Digital Platform or Device.4.1.3Your failure to comply with these Terms and Conditions and the Security Agreement and any documentation or information provided by NCL in regard to use of our system or Services.4.1.4Any representation, warranty, condition or undertaking which would be implied in this document by law, is excluded to the fullest extent permitted by law.

17. REPRESENTATIONS AND WARRANTIES

17.1The Borrower represents and warrants to NCL that:-17.1.1all information submitted by the Borrower to NCL is true, accurate and complete in all respects;17.1.all Collateral ownership documents furnished by the Borrower to NCL have been lawfully obtained;17.1.3there has been no material adverse change in the Borrower or information or documentation furnished by the Borrower from that set forth in the application requesting NCL for a Facility;17.1.4there has been no occurrence of an event of default and the Borrower is not aware of any circumstances which are likely to lead to an event of default;

17.2The Borrower will during the tenure of the facilities promptly inform NCL in the event of any material changes to the representations set out herein or information provided by the Borrower in relation to the a Facility.

18. INTELLECTUAL PROPERTY RIGHTS

18.1You acknowledge that the intellectual property rights in our System and the Digital Platforms (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that NCL provides to you through the same or otherwise are vested in NCL. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the system and associated documentation without the prior written consent of NCL.

19. DATA PROTECTION

19.1The Borrower acknowledges and understands that in the process of accessing our Digital Platforms, Services or making a Request, certain information provided or to be provided to NCL from time to time may constitute personal and sensitive information of the Borrower (“Personal Data”).

19.2The Borrower hereby consents to the processing of the Personal Data by NCL in accordance with our Data Privacy Statement. The Data Privacy Statement can be accessed on our company website at any time.

19.3The Borrower further gives consent to NCL to continue holding and processing the Personal Data provided even after all obligations under a Facility has been settled for a variety of purposes including but not limited to research, product development, analysis of market trends and compliance with regulations and procedures to the extent permitted by law.

19.4You hereby consent to the use of your Personal Data from time to time by NCL to market the company’s products to you. You may opt out of receiving marketing communication at any time by using the opt out option prescribed by the Mobile Network Operator.

19.5Further to the processing of your Personal Data in accordance with our Data Privacy Statement, you consent and authorize us to share your Personal information with:19.5.1NCL’s service providers, dealers, agents or any other company that may be or become NCL’s subsidiary or holding company for reasonable commercial purposes relating to the Services;19.5.2to Safaricom in connection with the M-PESA Service or such other Mobile Network Operator to whom you may subscribe in relation to the Services

19.6NCL shall ensure the Personal Data provided by the Borrower is processed in accordance with the Data Privacy Statement and applicable law.

19.7NCL shall maintain proper safeguards to protect the Borrower’s Personal Data during the period it is held by NCL in accordance with our Data Privacy Statement.

20. COMPLAINTS AND DISPUTE RESOLUTION

20.1You may contact the Call Centre through 0709650000 or customercare@ngaocredit.com for any queries or to report any disputes, claims or complaints.

20.2Upon receiving your complaint, NCL will record your complaint, provide you with a response and keep you updated of our progress. NCL shall aim to resolve your complaint within the shortest time having regard to the circumstances.

21. GOVERNING LAW

21.1The Agreement shall be governed by and construed in accordance with the laws of Kenya and the parties submit to the exclusive jurisdiction of the Kenyan courts.

SCHEDULE 1: CHARGES

Charge Typr	Norm Secured Loans	Import Financing Loans	Loans Against Shares	Jijenge Loan	Mobi Loan
Interest	3.5%	3.5%	4%	7.5%	11%
Loan Processing Fee(Deducted Upfront)	2% of Principle Amount	N/A	2% of Principle Amount	2% of Principle Amount	N/A
Loan Processing Fee at the port(Deducted Upfront)	N/A	2% of Principle Amount	N/A	N/A	N/A
Loan Processing Fee End to End import(Deducted Upfront)	N/A	3% of Principle Amount	N/A		N/A
Loan Maintance Fee (Spread Over the Loan Tenor)	2% of Principle Amount	2% of Principle Amount	2% of Principle Amount	2% of Principle Amount	N/A
Security Agreement Fees	KShs 3000	KShs 3000	KShs 3000	KShs 3000	N/A
Car Track Installation and Uninstallation	KShs 4000	KShs 4000	N/A	KShs 4000	N/A
Car Maintance Fee Per Logbook(Monthly)	KShs 2000	KShs 2000	N/A	KShs 2000	N/A
Credit Life Insurance (Period 12 Months)	0.21% of Principle Amount	0.21% of Principle Amount	0.21% of Principle Amount	0.21% of Principle Amount	0.21% of Principle Amount
NTSA Transfer Fees Per Logbook	KShs 3675	KShs 3675	N/A	KShs 3675	N/A
NTSA Third Party Sticker	N/A	KShs 750	N/A		N/A
NTSA Logbook Search Per Logbook	KShs 2000	N/A	N/A	KShs 2000	N/A
NTSA Logbook Discharge Per LogBook	KShs 2000	KShs 2000	N/A	KShs 2000	N/A
CRB Enquiry Fee	KShs 1000	KShs 1000	KShs 1000	KShs 1000	N/A
Valuation Fee	KShs 3000	KShs 3000	N/A	KShs 3000	N/A
Bankers Cheque	N/B	KShs 1000	N/A	N/A	N/A
Courier Fee	N/A	KShs 1000	N/A		N/A
Cancellation Fee	As per incurred cost			As per incurred cost	N/A
Freezing And Unfreezing Fee	N/A	N/A	KShs 6000	N/A	N/A
Yard Storage Fees	As per the Yard Fees
Auctioneers Fees	As per the Auctioneers Scale
Legal Fees (Recovery)	As per Advocates Scale