Terms and conditions

TERMS AND CONDITIONS

Terms and Conditions for the opening and use of a Loan Account with Aventus Technology Limited, Kenya.

BACKGROUND

This Agreement sets forth the full terms and conditions (the “Terms and Conditions”) governing the use of the digital lending platform operated by Aventus Technology Limited, a company duly incorporated under the Companies Act, 2015, with Company Registration Number PVT-GYUKVZZ, and licensed by the Central Bank of Kenya (CBK) as a Digital Credit Provider and trading as LendPlus (hereinafter referred to as “LendPlus,” “the Lender,” “we,” “us,” or “Aventus”). This Agreement, together with our Privacy Policy, sets out the complete terms and conditions (the “Terms and Conditions”) which shall be applicable to the Account (as hereinafter defined) opened by you with LendPlus. This Agreement is a financial service and an end-user licence agreement between you (“End-user” or “you” or “Borrower”) and LendPlus. By accessing or using the LendPlus mobile application, website, or any other digital channel (collectively referred to as the “Platform”), you agree to be bound by these Terms. If you do not accept these Terms, you must not proceed with registration or use of the Platform. The brand name “LendPlus”, as well as its accompanying logo wherein used here, are kept by Aventus Technology Limited. All rights thereto are reserved. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

IT IS AGREED AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATION

1.1. For the purposes of this Agreement and the preamble above, unless the context requires otherwise:
1.1.1 Acceptable Use Restrictions has the meaning given to it in clause 5;
1.1.2 Account means your loan account with LendPlus;
1.1.3 Agreement means this Agreement;
1.1.4 Anti-Money Laundering (AML) refers to the laws, regulations, and procedures designed to prevent, detect, and report money laundering activities, as set out in the Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA) and its regulations;
1.1.5 Business Day means a day other than a Saturday, Sunday, or a gazette national or public holiday in the Republic of Kenya;
1.1.6 CBK means the Central Bank of Kenya;
1.1.7 Credentials means your personal credentials used to access the Platform and operate your Account;
1.1.8 Credit Reference Bureau means a credit reference bureau duly licensed by the Central Bank of Kenya under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised, or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information;
1.1.9 Collection Fee means a fee that Aventus may charge when a loan becomes overdue, for each instance of the loan becoming overdue. The Collection Fee covers Aventus’ costs for additional informing of the client through SMS and calls about the necessity to repay the loan. The current value of the Collection Fee is displayed in the App or on the website;
1.1.10 E-Money means the electronic monetary value depicted in your Mobile Money Account representing an equal amount of cash;
1.1.11 Equipment includes your mobile phone handset, SIM Card, and/or other equipment which, when used together, enables you to access the Network;
1.1.12 Event of Default has the meaning given to it in clause 11.1;
1.1.13 Force Majeure means events, circumstances, or causes beyond the reasonable control of LendPlus, making LendPlus’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labor disputes, embargoes, or government orders;
1.1.4 Encumbrance includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement, or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person;
1.1.15 Field Collection refers to the process of physically visiting a Borrower’s registered address or other known locations to engage with the Borrower for the purpose of recovering overdue loan amounts or discussing repayment arrangements;
1.1.16 Know Your Customer (KYC) refers to the process of verifying the identity of customers and assessing their suitability, along with the potential risks of illegal intentions, as required under the Proceeds of Crime and Anti-Money Laundering Act, 2009, and its regulations;
1.1.17 License Restrictions has the meaning given to it in clause 4;
1.1.18 Loan means the principal amount of the loan made or to be made by Aventus Technology Limited to you under this Agreement from time to time through the Platform (LendPlus) or (as the context requires) the principal amount outstanding for the time being of that loan;
1.1.19 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;
1.1.20 Mobile Money means the money transfer and payments service operated by the Mobile Money Providers in Kenya;
1.1.21 Mobile Network Operator means a mobile network operator in Kenya registered with the Communications Authority of Kenya;
1.1.22 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;
1.1.23 Mobile Money Service means the money transfer and payments service provided by the Mobile Money Providers through the Mobile Money System;
1.1.24 Mobile Money System means the system operated by the Mobile Money Providers in Kenya for the provision of the Mobile Money Service;
1.1.25 Network means a mobile cellular network operated by a Mobile Network Operator;
1.1.26 Privacy Policy means the Aventus Technology Limited’s privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us;
1.1.27 Request means a request or instruction received by Aventus Technology Limited from you or purportedly from you through the Network and the System and upon which Aventus Technology Limited is authorized to act;
1.1.28 Services shall include any form of financial services or products that Aventus Technology Limited may offer you pursuant to this Agreement and as you may from time to time subscribe to, and “Service” shall be construed accordingly;
1.1.29 SIM Card means the subscriber identity module which, when used with the appropriate mobile phone handset, enables you to access the Network and to use the Mobile Money Account;
1.1.30 Skip Tracing means the process involving collecting and analyzing information from verifiable sources, including but not limited to Credit Reference Bureaus (CRBs) licensed by the Central Bank of Kenya, public records, to identify your current contact details in the event that you, the Borrower, become uncontactable upon default on your loan obligations. We may undertake skip tracing to locate you for the purpose of loan recovery. Any personal data collected will be processed in compliance with the Data Protection Laws. By accepting this loan, you consent to the use of skip tracing services for debt recovery purposes;
1.1.31 SMS means a short message service consisting of a text message transmitted from your mobile phone to another;
1.1.32 System means Aventus Technology Limited’s electronic communications software enabling you to communicate with Aventus for purposes of the Services. The System and the Services will, for the purpose of this Agreement, be accessed through a Mobile Network Operator’s System;
1.1.33 Technology refers to the digital platforms, systems, software, applications, algorithms, and associated infrastructure, including but not limited to mobile applications, websites, Application Programming Interfaces (APIs), cloud services, payment gateways, and data processing tools, used by Aventus to deliver, manage, and facilitate credit services, customer interactions, data storage, and compliance with regulatory requirements under the Central Bank of Kenya (CBK) Digital Credit Providers Regulations, 2022. This includes any hardware, software, or communication networks, whether owned by the DCP or provided by third-party service providers, that enable the provision of digital credit, such as loan application processing, credit scoring, disbursements, repayments, and customer support. Aventus remains fully responsible for ensuring that all technology, including third-party technology, complies with applicable laws, regulations, and data protection standards, including the Data Protection Act, 2019.
1.1.34 Data Protection Law means the Data Protection Act, 2019, together with its subsidiary regulations, including the Data Protection (General) Regulations, 2021, the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, and the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021, as amended from time to time which collectively make provision for the regulation of the processing of personal data and provide for the rights of data subjects and obligations of data controllers and processors.
1.1.35 Loan Terms and Conditions means the specific terms and conditions applicable to each Loan or credit product offered by Aventus, as displayed and accepted by you in the App or on the Platform at the time of your Loan Request. These may vary by product (e.g., short-term loans, installment loans, or other credit facilities) and include, but are not limited to:
(a) the Loan amount and any applicable limits;
(b) the interest rate, including the annual percentage rate (APR) reflecting the total cost of credit;
(c) the repayment schedule, including due dates, frequency (e.g., daily, weekly, monthly), and grace periods (if any);
(d) all fees and charges, such as processing fees, late payment fees, collection fees, or extension fees, with no hidden charges;
(e) early repayment provisions, allowing repayment at any time without penalty, with interest only accruing up to the repayment date;
(f) default consequences;
(g) restructuring or extension options, subject to Aventus’s approval and additional fees/interest as displayed;
(h) disclosure of total cost of credit, including principal, interest, fees, and APR, provided in a key information document or summary before acceptance;
(i) any product-specific conditions, such as eligibility criteria, collateral requirements (if secured), or usage restrictions; and
(j) integration with these Terms and Conditions, and applicable laws, including the Central Bank of Kenya (Non-Deposit Taking Credit Providers) Regulations, 2025 (or any successor regulations).
1.1.36 By accepting a Loan, you agree to the Loan Terms and Conditions for that specific product, which prevail over any conflicting general provisions in this Agreement to the extent of the conflict. Aventus reserves the right to approve new products or vary terms with prior Central Bank of Kenya approval, as required by law.

1.2 Interpretation
1.2.1 In addition to the definitions in clause 1.1, unless the context requires otherwise: the singular shall include the plural and vice versa;
1.2.2 a reference to any one gender, whether masculine, feminine, or neuter, includes the other two.
1.2.3 All the headings and sub-headings in this Agreement are for convenience only and are not to be taken into account for the purposes of interpretation of this Agreement.
1.2.4 The recitals and schedules shall be deemed to form part of this Agreement.

2. ACCEPTANCE OF TERMS AND CONDITIONS

2.1 You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Aventus Technology Limited before downloading or streaming the App or opening an account with Aventus, which will govern the use and operation of the App and the Account.

2.2 After downloading the App, you will be deemed to accept the Terms and Conditions upon clicking the “Accept” option on Aventus’ (LendPlus) System asking you to confirm that you have read, understood, and agreed to abide by the Terms and Conditions. If you do not agree with the Terms and Conditions, please click the “Decline” option in Aventus’ (LendPlus) System. Please note that you will not be able to access the Services if you decline the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not license the App to you.

2.3 By downloading the App and opening an Account with Aventus, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account, and you affirm that the Terms and Conditions herein are without prejudice to any other right that Aventus may have with respect to the Account in law or otherwise.

2.4 These Terms and Conditions may be amended or varied by Aventus 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. Aventus will take all reasonable measures to notify you of any changes.

2.5 From time to time, updates to the App may be issued through the website. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.

2.6 By using the App or any of the Services, you consent to us 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 App.

2.7 By entering into this Agreement, you expressly consent to Aventus, or third-party agents acting on our behalf, conducting field collection and skip tracing activities in the event of a default or when we are unable to contact you using the contact details provided.

2.8 You consent to Aventus sharing your Personal Information with licensed third-party agents, such as debt collection agencies or skip tracing professionals, solely for the purpose of recovering overdue amounts, subject to confidentiality agreements and compliance with data protection laws.

3. GRANT AND SCOPE OF LICENCE

3.1 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your Equipment, subject to these Terms and Conditions. We reserve all other rights. Except as expressly set out in this Agreement or as permitted by any local law, you agree:
3.1.1 Not to rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the App;
3.1.2 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.3 not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that:
3.1.3.1 The information obtained by you during such activities is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App;
3.1.3.2 You include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.4 Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
3.1.5 To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (the Technology).

4. LICENCE RESTRICTIONS

4.1 You must:
4.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service, or any operating system;
4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);
4.1.3 not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the App or any Service;
4.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users;
4.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

5. ACCEPTABLE USE RESTRICTIONS

5.1 Intellectual Property Rights
5.1.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the App in source-code form.

5.2 Use of the Services
5.2.1 The Services offered by Aventus can only be utilized by persons over the age of 18. Aventus reserves the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider.
5.2.2 Aventus’ acceptance of your application for an Account will be displayed on the App. You hereby acknowledge and accept that the acceptance by Aventus of your application for an Account does not create any contractual relationship between you and the Mobile Money Providers beyond the terms and conditions that apply to your Mobile Money Account from time to time.
5.2.3 Aventus reserves the right to decline your application for a loan or to revoke the same at any stage at Aventus’ sole and absolute discretion and without assigning any reason or giving any notice thereto.
5.2.4 Aventus reserves the right (in its sole and absolute discretion) to issue, decline to issue a loan, or vary the terms of any loan depending on its assessment of the credit profile of each individual borrower. Aventus evaluates your loan application based on its established loan assessment procedures, which include an examination of the credit history of each individual borrower. Aventus determines your maximum loan eligibility and provides the appropriate loan terms, including interest rate. You have the right to choose the loan amount you wish to borrow from your eligible limit and can accept or reject the loan by selecting the appropriate option on the App. If you choose to borrow less than your eligible limit, you can later increase the loan amount up to your full eligibility and agree to the terms of the increased loan and repayment through the App. The final loan terms, including interest rate payable in relation to each loan application, will be displayed on the App.
5.2.5 Aventus reserves the right, at its sole discretion, to assign, transfer, or otherwise dispose of any loan, including all associated rights, obligations, and interests, to any third party without requiring the prior consent of the borrower. Such an assignment or transfer may include, but is not limited to, the transfer of loan agreements, repayment obligations, and related data to another financial institution, affiliate, or entity. Aventus will notify the borrower of any such assignment or transfer in accordance with applicable laws and regulations. The borrower agrees that any such assignment or transfer shall not affect their obligations under the loan agreement, which shall remain binding and enforceable by the assignee or transferee.
5.2.6 Aventus may collect, process, and retain your personal data where it is necessary for our legitimate interests, including but not limited to credit risk assessment, fraud prevention, compliance with legal obligations, and improving our services. Such processing will be conducted in accordance with applicable data protection laws, ensuring your rights and freedoms are not unduly prejudiced.

5.3 Personal Information and KYC/AML Compliance
5.3.1 You hereby agree and authorize Aventus to verify information provided by you to Aventus against the information held by the Mobile Money Providers 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.
5.3.2 The information that Aventus may verify against the information held by the Mobile Money Providers includes (without limitation): your phone number, name, date of birth, Identification Number (“ID”) or Passport Number, and such other information that will enable Aventus to identify you and comply with the regulatory “Know Your Customer” (KYC) requirements as mandated by the Proceeds of Crime and Anti-Money Laundering Act, 2009, and its regulations (together the “Personal Information”).
5.3.3 You hereby agree and authorize Aventus 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 Aventus shall require for purposes of providing you the Services and complying with KYC and Anti-Money Laundering (AML) obligations (the “Relevant Information”).
5.3.4 You hereby consent to Aventus verifying the Personal Information and the Relevant Information with the Mobile Money Providers and using the Personal Information and the Relevant Information to the extent necessary in the opinion of Aventus to comply with KYC and AML requirements, including customer due diligence, ongoing monitoring, and reporting of suspicious transactions to the Financial Reporting Centre as required under the Proceeds of Crime and Anti-Money Laundering Act, 2009.
5.3.5 You hereby agree and authorize Aventus to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider, 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 Aventus 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 for KYC and AML compliance.
5.3.6 By entering into this agreement, you authorize Aventus Technology Limited to access and query and obtain your credit information from any of the licensed Credit Reference Bureaus (CRBs) and to receive credit reports/scores from any of the licensed CRBs on behalf of yourself in order to assess your creditworthiness and to comply with KYC and AML requirements and any other legal and regulatory requirements, wherever and whenever you apply for a new facility and during the persistence of such facilities in order to assist Aventus Technology Limited to accomplish its objectives and to enforce its rights under this agreement. We may obtain your personal information, including alternative phone numbers, from Credit Reference Bureaus (CRBs) to verify your identity and facilitate communication. This information may include, but is not limited to, your credit history, payment records, contact details, and other relevant financial or personal data. By engaging with our services, you consent to us accessing and processing such information in accordance with applicable data protection laws.
5.3.7 You additionally consent to your credit information being shared with the licensed Credit Reference Bureaus. You further consent to Aventus sharing your credit performance data, including loan repayment details, with CRBs in compliance with applicable laws and regulations. This information may be used by CRBs to generate a credit score that could impact your eligibility for future credit from Aventus or other financial institutions. Aventus is not liable for any decisions made by CRBs or third parties based on the information provided or obtained.
5.3.8 Aventus reserves the right to request further information or documentation from you, including but not limited to a valid national identification document, passport, or other government-issued identification, proof of address, or source of funds, to comply with KYC and AML regulations at any time during the application for an Account or the provision of Services. Failure to provide such information within the time required by Aventus may result in Aventus declining to accept your application for an Account or suspending/terminating the provision of Services.
5.3.9 You agree to promptly notify Aventus immediately of any changes to your Personal Information, including but not limited to changes in your identification details, contact information, residential address or financial status, to ensure ongoing compliance with KYC and AML requirements.
5.3.10 This consent for the collection, verification, and sharing of Personal Information and Relevant Information for KYC and AML purposes shall not be withdrawn during the period in which your application is pending or you have an outstanding balance with Aventus Technology Limited, and as long as you have outstanding facilities with Aventus Technology Limited.
5.3.11 This consent shall automatically terminate upon clearance of all existing loans by yourself to Aventus Technology Limited and as long as you have no outstanding facilities with Aventus Technology Limited.
5.3.12 The Credit Reference Bureaus provide a credit profile and possibly credit scores on your creditworthiness, subject to the credit record.
5.3.13 Aventus shall conduct ongoing monitoring of your transactions and Account activities to detect and prevent money laundering or terrorist financing activities, as required under the Proceeds of Crime and Anti-Money Laundering Act, 2009. You agree to cooperate fully with Aventus in providing any additional information or documentation requested to facilitate such monitoring.
5.3.14 Aventus may report any suspicious transactions or activities to the Financial Reporting Centre as required under the Proceeds of Crime and Anti-Money Laundering Act, 2009, and you agree that Aventus shall not be liable for any claims, losses, or damages arising from such reporting obligations.
5.3.15 Aventus shall maintain comprehensive records of all personal data processing activities, including but not limited to customer identification details, transaction histories, consents, communications, credit assessments, complaints, and AML/KYC verifications, in accordance with the Data Protection Act, 2019, the Data Protection (General) Regulations, 2021, the Digital Credit Providers Regulations, 2022, the Proceeds of Crime and Anti-Money Laundering Act, 2009, and other applicable laws. Such records shall be retained for a minimum period of seven (7) years from the date of the last transaction, the termination of the Account or business relationship, or the fulfillment of the purpose for which the data was collected, whichever is longer, or as otherwise required by law. The purpose of this retention includes ensuring compliance with regulatory obligations, facilitating audits, resolving disputes, preventing fraud, and supporting loan recovery efforts. Records shall be stored securely, reviewed periodically, and deleted or anonymized upon expiry of the retention period, unless extended for legitimate reasons.
5.3.16 You have the right to request access to, rectification of, or deletion/erasure of your personal data under the Data Protection Act, 2019. Aventus shall respond to such requests within fourteen (14) days, at no cost to you, and provide justification for any refusal. However, deletion requests may be refused, and data retained, where necessary for: (i) compliance with legal obligations, such as the 7-year retention under the Proceeds of Crime and Anti-Money Laundering Act, 2009, or Digital Credit Providers Regulations, 2022; (ii) the establishment, exercise, or defense of legal claims, including loan defaults or disputes; (iii) evidential purposes in ongoing monitoring or investigations; or (iv) other legitimate interests, such as fraud prevention, credit risk assessment, or regulatory reporting. In such cases, processing of the data may be restricted (e.g., not used for new purposes) instead of deleted, as permitted under the Data Protection Act, 2019. By accepting these Terms, you acknowledge these limitations on deletion rights.

5.4 Field Collection and Skip Tracing
5.4.1 Aventus shall ensure that all field collection and skip tracing activities adhere to the principles of lawful processing, purpose limitation, data minimization, and accountability as stipulated under the Data Protection Act, 2019.
5.4.2 Personal Information used for field collection and skip tracing shall be limited to what is necessary and relevant for the purpose of loan recovery, including but not limited to your name, identification number, contact details, and address.
5.4.3 Aventus shall maintain a record of all data processing activities related to field collection and skip tracing, and such activities shall only be conducted by personnel or third-party agents trained in data protection compliance.
5.4.4 You have the right to request access to, correction of, or deletion of your Personal Information used for field collection or skip tracing, subject to the provisions of 5.3.15, and provided such requests do not interfere with Aventus’ legal obligations or rights under this Agreement.

5.5 Conduct of Field Collection
5.5.1 Field collection activities shall be conducted in a professional, respectful, and non-coercive manner, in compliance with the Digital Credit Providers Regulations, 2022 and the Consumer Protection Act, 2012, which prohibits unfair, deceptive, or abusive practices in debt collection.
5.5.2 Aventus or its authorized agents shall:
5.5.2.1 Identify themselves clearly and provide evidence of their authority to act on behalf of Aventus.
5.5.2.2 Conduct visits during reasonable hours, unless otherwise agreed with you.
5.5.2.3 Refrain from using harassment, intimidation, or undue pressure to enforce repayment.
5.5.2.4 Respect your privacy and confidentiality during any interactions.

5.6 Conduct of Skip Tracing
5.6.1 Skip tracing shall be conducted using lawful and ethical methods, including but not limited to querying licensed Credit Reference Bureaus, verifying information with Mobile Money Providers, or accessing publicly available information, in compliance with the Data Protection Act, 2019, and the Proceeds of Crime and Anti-Money Laundering Act, 2009.
5.6.2 Aventus shall not use deceptive or unlawful means to obtain your location or contact information, such as impersonation or unauthorized access to private data.
5.6.3 Any third-party agents engaged for skip tracing shall be licensed and bound by confidentiality and data protection agreements to ensure compliance with applicable laws.

5.7 Reporting and Accountability
5.7.1 Aventus shall report any suspicious activities identified during field collection or skip tracing, such as potential money laundering or fraud, to the Financial Reporting Centre, as required under the Proceeds of Crime and Anti-Money Laundering Act, 2009.
5.7.2 You shall be notified of any information shared with third parties for field collection or skip tracing purposes, except where such notification is prohibited by law or would prejudice legitimate recovery efforts and interests.

5.8 Borrower’s Responsibilities
5.8.1 You agree to cooperate with Aventus or its authorized agents during field collection activities, provided such activities are conducted in accordance with this Agreement and applicable laws.

5.9 Liability and Indemnity
5.9.1 Aventus shall not be liable for any loss or damage suffered by you as a result of lawful field collection or skip tracing activities conducted in accordance with this Agreement and applicable laws.
5.9.2 You agree to indemnify and hold Aventus harmless against any claims, losses, damages, or expenses arising from your failure to provide accurate contact information or from any actions taken by you that obstruct lawful field collection or skip tracing efforts.

6. REQUESTS MADE BY THE BORROWER

6.1 You hereby irrevocably authorize Aventus to act on all Requests received by Aventus from you (or purportedly from you) through the System and to hold you liable in respect thereof. Aventus may nevertheless refuse to carry out any Requests in its sole and absolute discretion, including where such Requests do not comply with KYC or AML requirements.

6.2 Subject to its discretion, Aventus reserves the right to reject any Request in relation to a loan application from you, even if you have previously been issued with a loan by Aventus, particularly if the Request raises concerns related to KYC or AML compliance.

6.3 Aventus shall be 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, Aventus believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary, provided such action complies with KYC and AML regulations.

6.4 Aventus 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 Aventus may act if Aventus has in good faith acted in the belief that such instructions have been sent by you, subject to compliance with KYC and AML obligations.

6.5 Aventus may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you, particularly to ensure compliance with KYC and AML requirements.

6.6 You agree to and shall release from and indemnify Aventus against all claims, losses, damages, costs, and expenses howsoever arising in consequence of, or in any way related to, Aventus having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it, provided such actions are in compliance with applicable KYC and AML laws.

6.7 You acknowledge that, to the full extent permitted by law, Aventus shall not be liable for any unauthorized drawing, transfer, remittance, 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 occasioned by your negligence, except where such incidents are a result of Aventus’ failure to comply with KYC or AML obligations.

6.8 Aventus is authorized to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws, including the Proceeds of Crime and Anti-Money Laundering Act, 2009.

6.9 In the event of any conflict between any terms of any Request received by Aventus from you and this Agreement, this Agreement shall prevail.

7 INTEREST AND FEES

7.1 The interest payable by you to Aventus in respect of any Loan shall be displayed by Aventus on the App. Aventus shall be entitled to set and charge Transaction Fees in connection with your use of the Services and from time to time amend or vary its Transaction Fees for the Services. If Aventus decides to start charging Transaction Fees or where already applicable, vary or amend its Transaction Fees, the Transaction Fees payable on any new application for Services will be displayed on the App. Aventus will use reasonable endeavors to notify you of any changes in relation to Transaction Fees within a reasonable period before such changes are implemented, including displaying notices of the changes on the App or Aventus website.

7.2 All payments to be made by you under this Agreement shall be made in full without any set-off or counterclaim and, save insofar as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to Aventus, you shall immediately pay to Aventus such additional amounts as will result in Aventus receiving the full amount it would have received had no such deduction or withholding been required.

7.3 If you fail to make any payments due to Aventus at the due date for payment, Aventus will be authorized to apply a Collection Fee from time to time on such amount loaned to you at a rate to be communicated to you on the App.

7.4 Extension: If you are unable to repay the Loan within the designated repayment period, Aventus may, at its sole discretion, auto-extend the loan tenor, subject to the payment of any accrued interest. The Loan may be also extended for a period of 5 to 30 days, or for such other duration as may be offered by Aventus from time to time and subject to prior approval by Aventus. Any extension period automatically assigned to you will be reflected in your Account. The applicable interest for the extension will be displayed in your Account.

7.5 Other important information regarding the loan:
7.5.1 Loan Amount: The Lender shall disburse to the Borrower a loan in the amount expressly approved and communicated to the Borrower at the time of acceptance. The loan amount shall be disclosed via the Borrower’s account interface or through electronic communication.
7.5.2 Loan Charges: The Lender may impose loan-related charges, including late payment interest and collection fee. Such charges shall be communicated to the Borrower via the Mobile Application prior to disbursement of the loan and shall only be imposed under circumstances expressly disclosed at the time of loan issuance or in accordance with these Terms.
7.5.3 Interest Rate and Calculation Method: The loan shall attract an interest at a rate specified in the Loan terms and conditions as specified by the Lender and disclosed to the Borrower on the Mobile Application prior to disbursement. The interest shall be calculated on a flat rate basis, as specified in the loan summary displayed on the Mobile Application and agreed to by the Borrower.
7.5.4 Total Cost of the Credit: The total cost of credit shall include the principal amount, interest, late payment interest, and a collection fee. The Lender shall ensure that the Borrower is provided with a full disclosure of the total cost of credit on the App prior to the execution of this Agreement.
7.5.5 Annual Percentage Rate of Interest: The annual percentage rate applicable to the facility shall be disclosed to the Borrower on the Mobile Application in a manner that reflects the true cost of credit, inclusive of fees and interest, expressed as an annualized rate. The Annual Percentage Rate shall comply with all regulatory requirements as prescribed by the Central Bank of Kenya.
7.5.6 Customer Complaints Handling Channels and Procedures:
7.5.6.1 The Borrower may lodge complaints or raise queries relating to this facility through the following channels:
Telephone: +254709029000
Email: complaints@lendplus.ke
7.5.6.2 The Lender shall acknowledge receipt of any complaint within forty-eight (48) hours and endeavor to resolve the same within seven (7) working days or, if immediate resolution is not possible, within thirty days.
7.5.6.3 Any complaints related to field collection or skip tracing activities may be lodged through the channels outlined in 7.5.6.1.
7.5.6.4 Aventus shall investigate and respond to such complaints in accordance with the timelines specified in clause 7.5.6.2.
7.5.6.5 Any disputes arising from field collection or skip tracing activities shall be resolved in accordance with the Dispute Resolution clause of this Agreement.

8 STATEMENTS

8.1 A statement and activity report in respect of your Account will be made available on request. Requests shall be made via our e-mail address: customer@lendplus.ke or via a contact link on the App.

8.2 The statement on the App shall provide details of the last few transactions (or such other number of transactions as determined by Aventus) in your Account initiated from your Equipment.

8.3 Your statement will show all amounts added or taken from your Account. You must check your statement carefully and notify Aventus 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.

8.4 Aventus reserves the right to rectify discrepancies, add, and/or alter the entries in your statements, without prior notice to you. Aventus will, however, inform you of any rectification, additions, and/or alterations effected on your statements within a reasonable time after the changes are effected.

8.5 You will be notified of all transactions on your Account by way of SMS, and the charges for this service may be debited to your Account.

8.6 Save for a manifest error, a statement issued to you in respect of your LendPlus Account shall be conclusive evidence of the transactions carried out on your LendPlus Account for the period covered in the statement.

9 TAXES

9.1 All 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 Aventus an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.

9.2 You hereby consent and agree that Aventus may withhold amounts in your Account if any tax authority requires Aventus to do so, or Aventus is otherwise required by law or pursuant to agreements with any tax authority to do so, or if Aventus needs to comply with internal policies or with any applicable order or sanction of a tax authority.

10 BORROWER’S RESPONSIBILITIES

10.1 You shall, at your own expense, provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.

10.2 You shall be responsible for ensuring the proper performance of your Equipment. Aventus shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, nor shall Aventus be responsible for any computer virus or related problems that may be associated with the use of the System, the Services, and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network, and Aventus shall not be responsible for losses or delays caused by any such service provider.

10.3 You shall follow all instructions, procedures, and terms contained in this Agreement and any document provided by Aventus concerning the use of the System and the Services.

10.4 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 unauthorized person. Aventus shall not be liable for any disclosure of your Credentials to any third party, and you hereby agree to indemnify and hold Aventus harmless from any losses resulting from any disclosure of your Credentials.

10.5 You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from Aventus are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected. You shall immediately inform Aventus in the event that:
10.5.1 You have reason to believe that your Credentials are or may be known to any person not authorized to know the same and/or have been compromised;
10.5.2 You have reason to believe that unauthorized use of the Services has or may have occurred or could occur, and a transaction may have been fraudulently input or compromised.

10.6 You shall at all times follow the security procedures notified to you by Aventus 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 Account’s 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 a person authorized to do so.

10.7 You shall not at any time operate or use the Services in any manner that may be prejudicial to Aventus or in violation of KYC or AML regulations.

11 DEFAULT ON LOAN

11.1 An event of default (Event of Default) occurs when you:
11.1.1 fail to pay any sum payable for a Loan granted under these Terms and Conditions for a period of ninety (90) consecutive days unless failure to pay is caused solely by an administrative error or technical problem; or
11.1.2 Are declared bankrupt;
11.1.3 engage in any activity that Aventus reasonably believes violates the Proceeds of Crime and Anti-Money Laundering Act, 2009, or other applicable laws.

11.2 At any time after an Event of Default has occurred which is continuing, Aventus may, without prejudice to any other right or remedy granted to it under any law:
11.2.1 Terminate this Agreement in accordance with clause 13 below;
11.2.2 Declare that the Loan (and all accrued interest and all other amounts outstanding under this Agreement) is immediately due and payable, whereupon they shall become immediately due and payable;
11.2.3 Supply information concerning the Event of Default to Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request;
11.2.4 Report any suspicious activities related to the Event of Default to the Financial Reporting Centre as required under the Proceeds of Crime and Anti-Money Laundering Act, 2009.

12 CONSUMER PROTECTION

12.1 Transparency
12.1.1 Aventus shall disclose all terms and conditions, including interest rates, fees, and repayment schedules, will be clearly disclosed before you accept a Credit Facility.
12.1.2 You will receive receipts for all transactions and, upon request, a comprehensive statement of your account activity.

12.2 Fair Lending Practices
12.2.1 Aventus adheres to the Consumer Protection Act, 2012, prohibiting predatory lending practices, excessive interest rates, or aggressive debt collection tactics.
12.2.2 Advertisements and communications will be free from false, misleading, or deceptive representations.

12.3 Grievance Resolution
12.3.1 Aventus has established a consumer redress mechanism to address complaints or disputes.
12.3.2 You may lodge a complaint via our customer service channels as specified in clause 7.5.6 above.
12.3.3 Complaints will be acknowledged as specified in clause 7.5.6.2 above.

13 VARIATION AND TERMINATION

13.1 Aventus may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account and, in particular, but without prejudice to the generality of the foregoing, Aventus may cancel credits which it has granted and require the repayment of outstanding debts resulting from such credits within such time as Aventus may determine.

13.2 Without prejudice to Aventus’ rights under clause 13.1, Aventus may at its sole discretion suspend or close your Account:
13.2.1 if you use the Account for unauthorized purposes or where Aventus detects any abuse/misuse, breach of content, fraud, or attempted fraud relating to your use of the Services, including any activities that may violate KYC or AML regulations;
13.2.2 If your Account or agreement with a Mobile Network Operator is terminated for whatever reason;
13.2.3 If Aventus is required or requested to comply with an order or instruction of or a recommendation from the government, Court, regulators, or other competent authority;
13.2.4 if Aventus 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) within 14 days after the service of notice by email, SMS, or other electronic means requiring you to do so;
13.2.5 where such a suspension or variation 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 from time to time; where your Account becomes inactive or dormant;
13.2.6 If Aventus 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
13.2.7 If you breach any of the Licence Restrictions or the Acceptable Use Restrictions. 13.3 If your Account has a credit balance at any time as a result of overpayment of your Loan, you may issue a Request to Aventus for payment of such credit balance, and Aventus 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.

13.3 Termination shall, however, not affect any accrued rights and liabilities of either party.

13.4 If Aventus receives notice of your demise, Aventus will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by a court of competent jurisdiction.

14 EXCLUSION OF LIABILITY

14.1 Aventus shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within Aventus’ control, including, without limitation, Force Majeure or error, interruption, delay, or non-availability of the System, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

14.2 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.

14.3 We only supply the App for domestic and private use. You agree not to use the App and Documents for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.4 Aventus will not be liable for any losses or damage suffered by you as a result of or in connection with:
14.4.1 Any defect or fault in the App or any Service resulting from you having altered or modified the App;
14.4.2 Any defect or fault in the App resulting from you having used the App in breach of the terms of this Agreement;
14.4.3 Your breach of any of the Licence Restrictions or the Acceptable Use Restrictions;
14.4.4 unavailability of sufficient funds in your Mobile Money Account;
14.4.5 failure, malfunction, interruption, or unavailability of the System, your Equipment, the Network, or a Mobile Money System; the money in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof; your failure to give proper or complete instructions for payments or transfers relating to your Account;
14.4.6 Any fraudulent or illegal use of the Services, the System, and/or your Equipment, except where such use is a result of Aventus’ failure to comply with KYC or AML obligations; or
14.4.7 Your failure to comply with these Terms and Conditions and any document or information provided by Aventus concerning the use of the System and the Services.

14.5 If for any reason other than a reason mentioned in clauses 14.1 to 14.4, the Services are interfered with or unavailable, Aventus’ sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

14.6 Save as provided in clause 14.5, Aventus shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.

14.7 Under no circumstances shall Aventus be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to Aventus.

14.8 All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

15 INDEMNITY

15.1 In consideration of Aventus complying with your instructions or Requests in relation to your Account, you undertake to indemnify Aventus and hold it harmless against any loss, charge, damage, expense, fee, or claim which Aventus suffers or incurs or sustains thereby, and you absolve Aventus from all liability for loss or damage which you may sustain from Aventus acting on your instructions or requests or in accordance with these Terms and Conditions.
15.2 The indemnity in clause 15.1 shall also cover the following:
15.2.1 All demands, claims, actions, losses, and damages of whatever nature which may be brought against Aventus 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 Aventus’ 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 Aventus.
15.2.2 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.
15.2.3 Any 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.
15.2.4 Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying 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 Aventus as a consequence of any breach by these Terms and Conditions.
15.2.5 Any damages and costs payable to Aventus in respect of any claims against Aventus for recompense for loss where the particular circumstance is within your control.

16 COMMUNICATION BETWEEN US

16.1 If you wish to contact us in writing, or if any condition in these Terms and Conditions requires you to give us notice, you can send this to us by e-mail to customer@lendplus.ke or to such e-mail address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by e-mail.

16.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by SMS to the mobile phone number or email address you provide to us in your request for the App.

17 GENERAL

17.1 Remedies Cumulative
17.1.1 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.

17.2 No Waiver
17.2.1 No failure by Aventus to exercise, and no delay in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy.

17.3 Effect of Invalidity
17.3.1 If any provision or part of a provision of this Agreement shall be, or be found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.

18 ENTIRE AGREEMENT

18.1 These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.

18.2 You acknowledge that in entering into this Agreement, you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or our Privacy Policy. 18.3 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

19 DISPUTE RESOLUTION

19.1 Disputes
19.1.1 The Parties shall use their good faith efforts to resolve any dispute, controversy, or claim of any nature whatsoever arising out of or in relation to or in connection with this Agreement. To this end, the Parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) days of the parties’ representatives meeting as aforesaid, the following provisions of this clause 19 shall apply.

19.2 Arbitration
19.2.1 Any dispute, difference, or question whatsoever and howsoever arising out of or in connection with this Agreement, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or, in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other, then, upon application by either party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitrators (“Institute”).
19.2.2 Such arbitration shall take place in Nairobi and shall be conducted in accordance with the Rules of Arbitration of the Institute.
19.2.3 To the extent permissible by law, the determination of the arbitrator shall be final and binding upon the Parties and shall not be subject to any appeal.
19.2.4 Nothing in this clause 19.2 shall restrict either Party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.

20 GOVERNING LAW

20.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

21 AVENTUS PRIVACY POLICY

21.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

21.2 Upon downloading the App and clicking the “Accept” option with respect to these Terms and Conditions, you will be deemed to have accepted Aventus’ Privacy Policy, a copy of which is available on the App (LendPlus).