ZaloKash - Terms and Conditions

Welcome to ZaloKash’s financial services. These Terms of Service (“Terms”) govern your use of products and under the laws of the Republic of Zambia (collectively “ZaloKash’,” “we”, “us”, or “our”). You can view information relating to our products and services from the website located at https://api.zalokash.co.zm (the “Site”), and you can access and use ZaloKash’s products and services by downloading our mobile device application (the “App”) available from the Google Play Store. Our Site, our services, and the App are collectively referred to as the “Services.”

1.1 Definitions Unless the context requires otherwise, the following terms have the meanings set out below:
•Acceptable Use Restrictions: As defined in clause 5.
•Agreement This Agreement between you and ZaloKash.
•ZaloKash: The mobile application “ZaloKash ”.
•Account: Your loan account with ZaloKash.
•Business Day: Any day other than weekends or public holidays in Zambia.
•Credentials: Personal details used to access the ZaloKash Credit platform.
•Credit Reference Bureau: Licensed entity under Zambia law to collect and share customer credit information.
•Electronic Money: Monetary value stored electronically, representing an equal amount of cash.
•Electronic Payment Service: Payment services provided by licensed payment service providers.
•Electronic Payment System: The system for providing electronic payment services.
•NDPR: Zambia Data Protection Regulation
•Equipment: Your mobile phone and SIM card used to access the Network.
•Event of Default: As defined in clause 11.1.
•Force Majeure: Events outside ZaloKash’s control, making performance impossible (e.g., natural disasters, war).
•Encumbrance: Any form of legal claim or restriction on property.
•License Restrictions: As defined in clause 4.
•Loan: The principal amount of a loan provided by ZaloKash under this Agreement.
•Mobile Money Account: Your electronic money account held with a payment system provider.
•Mobile Money: Money transfer and payment services provided by Mobile Money Providers.
•Mobile Network Operator: A licensed mobile network operator in Zambia.
•Mobile Money Provider: A Mobile Network Operator authorized by the Central Bank of Zambia to provide mobile money services.
•Mobile Money Service: Money transfer and payment services provided by mobile money providers.
•Mobile Money System: The system enabling mobile money services.
•Network: The mobile cellular network operated by a Mobile Network Operator.
•NDPR: Zambia Data Protection Regulation.
•Payment System Provider: A mobile network operator licensed to provide electronic payment services in Zambia.
•Privacy Policy: ZaloKash’s privacy policy outlining data processing practices.
•Request: Instructions received from you via the Network and the Electronic Payment System.
•Services: Financial products or services offered by ZaloKash under this Agreement.
•SIM Card: The subscriber identity module enabling access to the Network and Mobile Money Account.
•SMS: A text message sent from your mobile phone.
•System: ZaloKash’s software used for communication and providing Services.
•Technology: As defined in clause 3.1.4.
•Transaction Fees: Fees for using the Services, as published by ZaloKash and subject to change. 1.2 Interpretation •1.2.1: Singular terms include the plural and vice versa.
•1.2.2: Gender references include all genders.
•1.2.3: Headings are for convenience only and not for interpretation.
•1.2.4: Recitals and schedules form part of the Agreement.

2.1 Before downloading or using the App, or opening an account with ZaloKash, you must read and understand these Terms and Conditions, as they govern the use of the App and your Account.
2.2 By downloading the App, you accept the Terms and Conditions by clicking “Accept” on ZaloKash’s System. If you disagree, click “Decline.” You won’t be able to access the Services if you decline.
2.3 By using the App and opening an Account, you agree to comply with these Terms and Conditions. This agreement doesn’t affect any other rights ZaloKash may have regarding your Account.
2.4 ZaloKash may update these Terms and Conditions from time to time. Continued use of the Services means you accept the new terms. ZaloKash will notify you of any changes.
2.5 App updates may be required to continue using the Services. If an update is released, you may need to download the latest version and accept any new terms.

3.1 In exchange for agreeing to these Terms, we grant you a non-transferable, non-exclusive license to use the App on your device. All other rights are reserved by us. You agree to:
3.1.1 Not rent, lease, sublicense, loan, translate, modify, or merge the App.
3.1.2 Not alter or combine the App with any other software.
3.1.3 Not disassemble, reverse-engineer, or create derivative works from the App, except when necessary to ensure compatibility with other software. In such cases, you must:
• Not disclose the obtained information to third parties without our written consent.
• Not use the information to create software similar to the App.
3.1.4 Include our copyright notice on all copies of the App.
3.1.5 Not distribute the App (in any form) without our prior written consent.
3.1.6 Comply with all relevant technology control and export laws related to the App and its services.

4.1 You must: 4.1.1 Not use the App or Services for illegal activities, fraud, or malicious actions, such as hacking or inserting harmful code.
4.1.2 Not infringe on our or third-party intellectual property rights when using the App or Services, including when submitting materials.
4.1.3 Not transmit defamatory, offensive, or inappropriate content through the App or Services.
4.1.4 Not use the App or Services in ways that may damage, overload, or compromise our systems or interfere with other users.
4.1.5 Not collect or attempt to access data or information from the Services or our systems without permission.

5.1 Intellectual Property Rights
5.1.1 You acknowledge that all intellectual property rights in the App and Technology belong to ZaloKash or its partners, and that the App is licensed to you, not sold. You do not have access to the source code of the App.
5.2 Use of Services
5.2.2 Accepting your Account application is displayed on the App, but does not create a relationship with the Payment System Provider bZaloKashnd their own terms.
5.2.3 ZaloKash may decline or revoke a loan application at its discretion, without explanation or notice.
5.2.4 ZaloKash may adjust loan terms and interest rates based on credit assessments.
5.3 Personal Information
5.3.1 You authorize ZaloKash to verify your information against the Payment System Provider’s records.
5.3.2 The information verified may include your phone number, name, ID, and other details required for “Know Your Customer” (KYC) compliance.
5.3.3 You consent to ZaloKash using and verifying your personal information as needed.
5.3.4 You agree to indemnify ZaloKash and the Payment System Provider for any claims or losses arising from the disclosure and use of your personal information.
5.3.5 ZaloKash may obtain and share your personal information with Credit Reference Bureaus.
5.3.6 ZaloKash may request further information from you at any time. Failure to provide it may result in declined applications.
5.3.7 ZaloKash may report credit information to Credit Reference Bureaus, including account activity and non-compliance with the Terms.
5.3.8 You acknowledge that non-compliance may be shared with Credit Reference Bureaus.
5.3.9 Credit Reference Bureaus may generate a credit profile and score based on your credit history.

6.1 You authorize ZaloKash to act on all Requests received from you (or purportedly from you) through the System, and you will be held responsible for them. ZaloKash may refuse to act on any Request at its discretion.
6.2 ZaloKash reserves the right to reject any loan application, even if you have previously been issued a loan.
6.3 ZaloKash can accept and act on incomplete or ambiguous Requests if it can correct the information without contacting you.
6.4 ZaloKash will be deemed to have acted correctly even if the Request was made in error or fraudulently, as long as ZaloKash acted in good faith, believing the Request came from you.
6.5 ZaloKash may choose not to act on all or part of a Request until it has further confirmation or enquiry from you.
6.6 You agree to indemnify ZaloKash for any claims or losses related to its actions based on your Requests, including failure to act or exercise discretion.
6.7 ZaloKash will not be liable for any unauthorized activity on your account resulting from the use or manipulation of your Account PIN, password, ID, or any other security means, even if caused by your negligence.
6.8 ZaloKash is authorized to follow orders concerning your Account from any court or competent authority under applicable law.
6.9 If there’s a conflict between the terms of your Request and this Agreement, this Agreement will prevail.

7.1 Interest on any loan will be displayed in the app. ZaloKash may charge Transaction Fees for using the Services, and these may change over time. Any changes in Transaction Fees will be shown in the app, and ZaloKash will try to notify you in advance.
7.2 All payments must be made in full, without any deductions, unless required by law. If you need to withhold any amount, you must pay ZaloKash extra to ensure ZaloKash receives the full amount.
7.3 If payments are missed, ZaloKash may apply late fees on the outstanding amount. The rate will be communicated to you.

8.1 You can request a statement or activity report for your account by emailing help@zalokash.co.zm or through the app.
8.2 Your app statement will show the last 5 transactions (or another number determined by ZaloKash).
8.3 Review your statement carefully. Notify ZaloKash if you spot any errors or unauthorized transactions.
8.4 ZaloKash may correct or update your statement without notice, but will inform you of any changes.
8.5 You will receive SMS notifications for all transactions, and the charges for this will be deducted from your account.
8.6 Except for clear errors, your statement will be considered final proof of transactions during that period.

9.1 All payments are calculated before any taxes. If taxes apply, you must pay ZaloKash the tax amount at the same time as the payment.
9.2 ZaloKash may withhold amounts from your account if required by tax authorities or applicable laws.

10.1 You must maintain the equipment necessary to access the system and services.
10.2 You are responsible for ensuring your equipment works properly. ZaloKash is not liable for any issues caused by your equipment or service provider.
10.3 You must follow all instructions in this agreement and any guidance from ZaloKash.
10.4 You are responsible for keeping your credentials safe and secure. ZaloKash is not liable for any losses due to unauthorized access to your account.
10.5 You must monitor for unauthorized use of the system and report any suspicious activity to ZaloKash immediately.
10.6 Follow all security procedures provided by ZaloKash. Failure to do so may compromise your account’s confidentiality.
10.7 Do not use the services in a way that could harm ZaloKash’s interests.

11.1 A default occurs if you:
•Fail to make a loan payment (unless due to an administrative error or technical issue)
•Are declared bankrupt.
11.2 If a default continues, ZaloKash may:
•Terminate this agreement
•Declare the loan and interest immediately due
•Charge punitive interest
• Report the default to credit bureaus (you can request a copy of any adverse information).

12.1 ZaloKash may terminate or change its relationship with you at any time and close your account, including canceling credits and requiring repayment.
12.2 ZaloKash may suspend or close your account for reasons including:
•Unauthorized use or fraud
•Account termination
•Legal or regulatory requirements
• Failure to resolve breaches of the terms within 14 days
•Technical issues or account inactivity
•Commercial reasons or breach of use restrictions.
12.3 If your account has a credit balance from overpayment, you can request a refund (minus applicable fees) if it meets the minimum transfer amount.
12.4 Termination won’t affect any accrued rights or liabilities.
12.5 If you pass away, no one can access or withdraw from your account unless authorized by a legal representative.

13.1 ZaloKash isn’t responsible for losses caused by issues with your equipment, system errors, force majeure, or factors outside of ZaloKash’s control.
13.2 The app may not meet all your needs; you are responsible for ensuring it works for you.
13.3 The app is for personal use only; ZaloKash isn’t liable for losses due to commercial use.
13.4 ZaloKash is not liable for losses due to:
•Altering or misusing the app
•Insufficient funds
•System or equipment failures
•Fraudulent use or breaches of these terms.
13.5 If the service is unavailable for reasons not covered, ZaloKash’s liability is limited to restoring the service.
13.6 ZaloKash isn’t liable for any indirect or consequential losses.
13.7 All legal warranties are excluded to the fullest extent allowed.

14.1 You agree to indemnify ZaloKash against any loss, damage, or claim resulting from following your instructions.
14.2 This includes:
•Loss from hardware or software failures
•Unauthorized access to your account
•Failure to follow terms or providing incorrect information
•Breaches caused by third-party systems.

15.1 For written communication, contact us via email at help@zalokash.co.zm . We’ll confirm receipt by email.
15.2 We’ll contact you by email or SMS at the address you provided.

16.1 Remedies Cumulative
•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.
16.2 No waiver
•No failure by ZaloKash 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.
16.3 Effect of invalidity
•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.

17.1 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.
17.2 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.
17.3 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.

18.1 Disputes
•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 20 shall apply.
18.2 Arbitration
•Any disputes will be settled by a single arbitrator, chosen by mutual agreement or appointed by the Chairman of the Zambia Institute of Arbitrators if no agreement is made within 7 days.
•The arbitration will take place in Zambia, following the Institute’s Arbitration Rules.
•The arbitrator’s decision is final and binding, with limited scope for appeal.
• Either party may seek urgent legal measures (e.g., injunctions) from a court while awaiting arbitration results.

This Agreement is governed by the laws of the United Republic of Zambia.

20.1 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.
20.2 Upon downloading the App and clicking the “Accept” option with respect to these Terms and Conditions, you will be deemed to have accepted ZaloKash’s Privacy Policy, a copy of which is available on the App.