Our Terms And Conditions

Last updated September 20, 2023

TERMS AND CONDITIONS

Definitions of Terms

LEJA means Leja Limited, a Limited Liability company incorporated in accordance to Cap. 486 Laws of Kenya with its offices situated at Maple Court, Galana Road Kilimani and of P.O.BOX 711, Kilimani. This may also include its Holding company, Affiliates and/or subsidiaries;
APPLICATION/APP means Leja Application available at Google Playstore.
LENDER means any Money lending institutions who have partnered with Leja with an intent to lend money to customers through the Leja Platform;
YOU or YOUR means the Customer and includes the personal representatives, assigns and heirs of the Customer;
CUSTOMER means a person whose name is registered in the App with valid identification details and a registered mobile phone number; The word “Customer" shall include the masculine and the feminine gender as well as juristic persons;
LEJA PLATFORM means Leja Limited’s electronic lending and communication software enabling the Customer to communicate with Leja for the purpose of accessing the Facility and Services;
ACCOUNT means your Loan account with Leja;
CREDENTIALS means your personal credentials used to access the Leja Platform, initiate requests and access the Services;
SERVICE means any Product offered on the Leja Platform or USSD Short code and shall include but not limited to

DIGITAL BOOK KEEPING. Leja provides users with a platform to digitally record their debit and credit transactions with their respective customers. The Users may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform as shown below;
SEND MONEY. This feature provides users with a platform to send money to other MPESA users at a zero transaction fee. Users can track their transaction history from the app.
BUY AIRTIME. This feature allows users to recharge airtime to their or other mobile network users using local Based mobile service providers; Safaricom, Airtel and Telkom sim cards. Users can track their transaction history from the app.
BORROW LOANS. Leja has partnered with Money lending institutions who through Leja, provide individuals and microbusinesses with access to loans that are of low interest rates. The types of loans available on Leja include Airtime loans and Business loans. Business loans are further classified into Instant mobile loans (amount is deposited directly to user’s registered MPESA number) and Business loans (allows users to pay for goods and services directly to their suppliers).
WALLET. Leja has partnered with money lending institutions who through Leja, provide a wallet where customers can deposit money, perform transactions via the wallet including but not limited to: Transfers, withdrawals, payment of bills, access to loans etcetera.
SERVICES also include any other future services provided by Leja and/or proposes to provide.

FACILITY means the Loan which the Customer requests from the Leja Platform through their registered and recognised Mobile Phone Number;
PROCESSING FEE is the fee charged on loan disbursal and is a fixed percentage of the Loan Amount;
LOAN means a loan disbursed electronically by Leja to a Customer M-PESA account, electronic wallet account (E-Wallet) or to any other available payment option selected by the Customer upon a Customer’s request.
REPAYMENT DATA means the day that the Loan instalment shall be due for repayment;
PENALTY means a charge which will be a percentage on any outstanding amounts which have become due but remain unpaid on the Repayment Date;
REQUEST means a request or instruction received by Leja from you or purportedly from you through your Mobile Network Operator and the Leja Platform and upon which Leja is authorized to act;
LOAN LIMIT means the maximum pre-approved amount that a Customer can borrow on the App;
CREDIT REFERENCE BUREAU means a credit reference bureau duly licensed and registered under the Credit Reference Bureau Regulations 2013 to inter alia, collect and facilitate the sharing of customer credit information;
MOBILE MONEY means the money transfer and payments service operated by the Mobile Money Providers in Kenya;
MOBILE MONEY ACCOUNT means your mobile money store of value, being the record maintained by Mobile Money Providers in Kenya of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System;
MOBILE NETWORK OPERATOR means a mobile network operator in Kenya registered with the Communications Authority of Kenya;
MOBILE MONEY PROVIDER means a Mobile Network Operator that has been duly authorized by the Central Bank of Kenya under applicable law to offer Mobile Money Services in Kenya;
EQUIPMENT means and shall include your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Just Cash System and use the products and services availed to you by the Mobile Network Operators subject to such term and conditions agreed between you and the Mobile Network Operators;

Acceptance of the Terms and Conditions

Before applying for the Service you should carefully read and understand these Terms and Conditions which will govern the provision, use, operation and management of the Service.
If you do not agree with these Terms and Conditions, please cancel the Registration by failing to click ACCEPT and do not confirm your National Identification number, Mobile Phone Number and Personal Details.
You will be deemed to have read, understood and accepted these Terms and Conditions:-
1. By Clicking Accept;
2. By continuing to use Leja services
By applying to access the Service with LEJA you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of the Service and you affirm that these Terms and Conditions herein are without prejudice to any right that LEJA may have with respect to the Service in law or otherwise.
These Terms and Conditions may be amended or varied by LEJA from time to time and the continued use, access, enjoyment of the Service constitutes your agreement to be bound by these terms and conditions or any such amendment, addition, deletion or variation.
You acknowledge and accept that LEJA offers the Service only by electronic means via the Leja Platform.
By using the Leja Platform or any of the Services, you consent to LEJA collecting and using technical information about the Equipment 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 Leja Platform.

Account opening

In order to open an account with LEJA, you must have achieved the age of the majority being at least Eighteen (18) years old with legal capacity to contract, and a registered and active Mobile Subscriber with a mobile service provider with which the Company has an agreement with for the provision of this service.
To avail the Services, a Customer would be required to create an account on the Platform using their personal information as described in clause 4;
LEJA may require permissions to use your email address while opening an account.
You may open an Account solely by way of an electronic application made by you using your Equipment via the LEJA Platform on the Registration or Sign Up screen.
LEJA will require you to click on the “Accept” button on the Registration screen requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions.
You hereby further acknowledge and authorize the Company to verify your Personal Information as received from the Registration Process.

Personal Information

You hereby agree and authorise LEJA to verify information provided by you to LEJA against the information held by the Mobile Money Providers or any other Personal information database including but not limited to the Integrated Population Registration System and Anti-Money Laundering database in relation to your Mobile Money Account pursuant to the agreement between you and the relevant Mobile Money Provider for the provision of its products and services and the Mobile Money Service.
The information that LEJA may verify against the information held by the Mobile Money Providers or any other Personal information database including but not limited to the Integrated Population Registration System and Anti-Money Laundering database in relation to: your phone number, name, date of birth, Identification Number (“ID”) or Passport Number and any other such other information that will enable LEJA to identify you and comply with the regulatory “Know Your Customer” requirements (Collectively referred to as “Personal Information”).
You hereby agree and authorise LEJA to verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you by the Mobile Money Providers and any financial services providers relating to your use of the Mobile Money Service and such other information as LEJA shall require for purposes of providing you the Services (Collectively referred to as the “Relevant Information”).
You hereby consent to LEJA verifying the Personal Information and the Relevant Information with the Mobile Money Providers or any other Personal information database and using of the Personal Information and the Relevant Information to the extent necessary in the opinion of LEJA to provide you with the Services.
You hereby agree and authorise LEJA to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider or any other Personal information database and you further agree and consent to the disclosure and provision of such Personal Information by the Mobile Money Provider and further to indemnify and hold LEJA and the Mobile Money Provider harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
You hereby authorise LEJA to access your information and use it in the manner prescribed in LEJA’s Updated privacy policy.
LEJA reserves the right to request for further information from you pertaining to your request for a Loan, Service or to access the Leja Platform at any time. Failure to provide such information within the time required by LEJA may result in LEJA declining to accept your request.

Customer’s Responsibilities

You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the Leja Platform and the Services provided therein.
You shall be responsible for ensuring the proper performance of your Equipment. LEJA shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor any computer virus or related problems that may be associated with the use of the Leja Platform, the Services and the Equipment.
You shall be responsible for charges due to any service provider providing you with connection to the Leja Platform and LEJA shall not be responsible for losses or delays caused by any such service provider.
You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by LEJA concerning the use of the System and the Services.
You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorised person. LEJA shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold LEJA harmless from any losses resulting from any disclosure of your Credentials.
You shall take all reasonable precautions to detect any unauthorised use and access of the System and the Services undertaken using your Equipment. To that end, you shall ensure that all communications from LEJA are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the Leja Platform will be detected. You shall immediately inform LEJA in the event that:
- You have reason to believe that your Credentials are or may be known to any person not authorised to know the same and/or have been compromised; and/or
- You have reason to believe that unauthorised access and use of the Leja Platform and the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
You shall at all times follow the security procedures notified to you by LEJA from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Personal Information, Relevant Information and such other information held by LEJA in connection to the Services and Requests made by you to LEJA in confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than you or a person authorised by you to do so.
You shall not at any time operate or use the Services in any manner that may be prejudicial to LEJA.
You agree to indemnify LEJA against any losses incurred as a result of your failure to comply with the above responsibilities

Operations

You acknowledge that LEJA shall appraise your Facility request according to LEJA’s loan appraisal and vetting processes and that LEJA reserves the right, at its sole discretion, and without assigning any reason to approve or decline your application for a Facility.
Subject to approval of your Facility request, LEJA shall lend and disburse to you an amount to be determined by LEJA in its sole discretion subject to a minimum amount of Kenya Shillings One Thousand (KES. 1,000) only and a maximum amount of Kenya Shillings Twenty Thousand (KES. 20,000) only which maximum shall be based on the Customer’s advised Loan Limit.
The proceeds of the Loan shall be credited into either your M-PESA Account, E-Wallet or any other option availed by LEJA which you select, subject to any deductions on account of applicable Processing Fee and or Transaction Fees.
In consideration of LEJA granting you the Loan, you shall pay an Processing Fee for the provision of the Service being Fifteen Percent (15%) which is exclusive of Excise Duty or at such other rate that LEJA shall determine and effect for the provision of the Services to You from time to time.
You shall make payments due from you to LEJA in respect of the Loan on the Repayment Date using the LEJA APP unless otherwise agreed and advised by LEJA in its discretion.
If you do not pay the Loan on the Repayment Date LEJA shall automatically charge a Late Penalty Charge without notice.
You shall pay to LEJA any charges, fees, expenses, taxes, duties, impositions and expenses incurred by LEJA in complying with your Facility request.
You hereby expressly give consent to LEJA to recover all monies due that you will not have settled on the Repayment Date through reminders via Calls and/or SMS or cause the Lenders who have partnered with Leja to list you as a defaulter with the Credit Reference Bureau.
LEJA reserves the right to vary the terms of the Loan including the Processing Fee and Transaction Fees payable thereon from time to time.
Any addition, alteration, modification or deletion to these Terms and Conditions which may be made from time to time by LEJA and of which notice may be given to you by way of Short Messaging Service or such other method that LEJA shall adopt and use to communicate with you shall be binding upon you as fully as if the same were contained in these Terms and conditions.
You hereby undertake to notify LEJA immediately of any situation, circumstance or event, which materially changes the provision, use, operation and management of the Loan, Services or your access to the Leja Platform.
If LEJA holds any money or you have a credit balance with LEJA at any time as a result of overpayment of your Loan, you may issue a Request to LEJA for payment of such credit balance and LEJA will return any such balance to you, less any applicable fees, provided that such amount falls above the minimum transfer amounts specified by the relevant Mobile Money Provider.

Credit Reference Bureaus

You hereby expressly authorise LEJA and its Lending Partners to solicit, query, search, conduct, carry out and perform credit checks with, and/or obtain the Customer’s credit information, or such other information, from any or all licensed Credit Reference Bureaus, with respect to this Agreement, and/or LEJA maintaining a Loan for you.
You hereby expressly consent, allow and authorise LEJA and its Lending Partners to disclose, advise, exchange and communicate the details pertaining to your Loan to Credit Reference Bureaus (CRBs) and other Credit Providers.
You authorise LEJA and its Lending Partners to obtain any information that it may require relating to the Loan from credit providers, and from any other source to which LEJA may apply, each source being hereby authorised by you to provide LEJA with such information.
You hereby authorise LEJA’s lending partners to list you with the Credit Reference Bureau in case of default and/or non-performing loan.

Exclusion of Liability

LEJA will endeavour to do its utmost to ensure that there are no delays or failures in offering the Loan. However, LEJA shall not be liable for any loss suffered by you due to, as a result of, or in connection with failures that may arise as a result of inefficiencies caused by the Mobile Network Operators or which are occasioned by strikes, riots or civil unrest, breakages, fire, unforeseen commercial delays, acts of God or permission requirements or licences that are required from Mobile Network Operators.
LEJA shall not be liable for any losses incurred by you as a result of another person accessing your equipment whether by consent, theft or fraud or where you have been scammed by allowing other persons access to your equipment;
You hereby expressly consent to waive any claim against LEJA for delays or failures to offer the Loan, Service or respond to any Request made by you due to any or all of the causes and events mentioned in clause 8(1) above.
You hereby expressly waive any claim against LEJA for losses incurred as a result of being scammed whether knowingly or unknowingly by allowing another person access to your device or data or as described in clause 8(2) above.

Termination

LEJA shall not be obliged to advance the Loan or, where the Loan has been advanced, may demand immediate payment of all amounts owed under this Agreement in the event that:
1. You fail to pay any sum payable hereunder on the Repayment Date.
2. You fail to perform and/or observe any of your obligations under the Agreement.
3. LEJA has reason to believe that you are unlikely to repay the facility
LEJA shall at any time, upon notice to you, terminate or vary its business relationship with you and cease to offer you the Services and in particular but without prejudice to the generality of the foregoing LEJA may cancel the Credit Limit which it has granted and require the repayment of outstanding debts resulting from such credits within such time as LEJA may determine.
Without prejudice to LEJA’s rights under clause 10(a), LEJA may at its sole discretion suspend or close your access to the Services and the Leja Platform where:
1. If you use the Leja Platform for unauthorised purposes or where LEJA detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
2. If your Mobile Money Account or agreement with a Mobile Network Operator is terminated for whatever reason;
3. LEJA is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
4. LEJA reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable) which you fail to remedy (if remediable) after the service of notice by email, SMS or other electronic means requiring you to do so;
5. If such a suspension, closure or termination is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services on the LEJA Platform from time to time;
6. If you have, in the opinion of LEJA become inactive or dormant in the use of the Leja Platform or the Services;
7. LEJA decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion; or
8. If LEJA receives notice of your demise. In this instance, any loan or dues owing shall be immediately offset against any money in the E-Wallet.
Without prejudice to the foregoing, termination shall not affect any accrued rights and liabilities of either party at the point of termination;
In the event that LEJA receives notice of your demise, LEJA will not be obliged to allow any operation or access to the Services or accept Requests through your account by any person except upon production of administration letters from a competent court and/or confirmed grant of letters of administration or confirmed grant of Probate or Administration by your legal representatives duly appointed by a court of competent jurisdiction.
Without prejudice to the foregoing, upon termination, you hereby consent to LEJA retaining Transactional records and your personal information for a minimum of Seven (7) years during which period the information may be used in the manner consented to on this agreement.

Indemnity

In consideration of LEJA complying with your instructions or Requests in relation to providing the Services, you undertake to indemnify LEJA and hold it harmless against any loss, charges, damages, expenses, fees or claims which LEJA suffers or incurs or sustains thereby and you absolve LEJA from all liability for loss or damage which you may sustain from LEJA acting on your instructions or requests through the LEJA Platform or in accordance with these Terms and Conditions.
The indemnity in clause 10(1) shall also cover the following:
1. All demands, claims, actions, losses and damages of whatever nature which may be brought against LEJA or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond LEJA’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by LEJA.
2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs.
3. Any unauthorised 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.
4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by LEJA as a consequence of any breach by these Terms and Conditions.
5. Any damages and costs payable to LEJA in respect of any claims against LEJA for recompense for loss where the particular circumstance is within your control.

Notices

LEJA shall send information concerning the Loan or Facility or Services via the APP and/or Short Messaging Service (SMS) to you through your Mobile Number, registered with a Mobile Network Operators, associated with your Loan or Facility or Service and registered on the Leja Platform.
You may also reach to the Company via the Company’s email support@leja.co.ke or call center +254 111 052280
You acknowledge that you have no claim against LEJA for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the Facility or Loan or Services.

Intellectual Property Rights

You agree that LEJA may disclose details of the relating to your account to any Third party (including credit agencies) if in LEJA’s opinion such disclosure is necessary for the purpose of evaluating any application made to it or such Third Party or maintaining the operative account with LEJA or other purpose as the Company shall deem appropriate.

Disclosure of information

LEJA owns all intellectual Property rights relating to the Leja Platform and nothing in this agreement gives any right to any customer to the use or misuse of that intellectual property other than to access the services offered in the platform therein.

Closure, Deletion and Recovery of Account

You may opt to Close and/or Delete their Account with LEJA when they no longer wish to access LEJA’s Services;
An account can only be deleted and/or closed if there are no dues/loan owing and there is no money in the customer’s E-wallet. For clarity purposes an account cannot be deleted if:
1. There is any pending loan which you have not paid and/or cleared;
2. There is any amount of money in your E-Wallet; and
3. If there is any money in any account opened with a Lender through the LEJA Platform;
Where there is money in the E-Wallet or Account with the Lenders through LEJA, or non-withdrawable shares (where applicable), you may write to LEJA requesting to have the same Liquidated prior to the deletion of the Account.
Where an account has been deleted successfully LEJA will retain the Application Data for Sixty (60) Days within which period if you decide to access LEJA’s services, you will not be required to register a new account. A new registration will only be required where the Sixty (60) Day period has lapsed after an account has been deleted.
Without prejudice to the foregoing, you hereby consent to LEJA retaining Transactional records and your personal information for a minimum of Seven (7) years during which period the information may be used in the manner consented to on this agreement.

Dispute Resolution

Any dispute arising out of or relating to this Agreement, or the breach, termination or validity thereof (a Dispute) will be settled amicably between the parties.
In the event that the dispute is not settled either Party has freedom to commence legal proceedings of any nature for the purposes of seeking legal redress.

Miscellaneous Provisions

No waiver by either party or any breach of any provision of this Agreement by either party shall be considered as a waiver of any subsequent breach of the same or any other provision.
No failure on the part of any party to exercise, or delay on its part in exercising, any right, power or remedy provided by this Agreement or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further or other exercise of that, or any other, right, power or remedy.
This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements and understandings whether oral or written with respect to such subject matter and no variation of this Agreement shall be effective unless reduced to writing and duly executed by or on behalf of each of the parties.
The headings in the contract shall not affect its interpretation.
Whenever required by context, the use of the singular number shall be constructed to include the plural and the use of the plural the singular and the use of any gender shall include both genders.
If any terms or provision in the contract shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law. Such term or provision or part shall to that extent be deemed not to form part of this contract but the validity and enforceability of the remainder of the contract shall not be affected.
This Agreement shall be governed by the laws of Kenya and the parties agree to submit disputes arising out of or about this Agreement to the courts in Kenya.