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Terms & Conditions for Bayport Express

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Publication Date: May 27, 2016
VIGEZO NA MASHARTI YA MKOPO WA BAYPORT EXPRESS:

1. Ukitumiwa meseji inayokujulisha kuhusu mkopo huu na ukajibu,Bayport itatambua kwamba wewe ndiye uliomba mkopo

2. Vigezo ya Mkopo huu hauna tofauti na mkopo uliomba mwanzo

3. Ukishaomba mkopo na kuidhinishwa na Bayport,utapokea mkopo huu kupitia akaunti ileile uliyotumia wakati unaomba mkopo wa mwanzo.

4. Kwa kukubuali umekubaliana na makato na muda wa mkopo

5. Mwajiri wako atakata deni la mkopo huu kutoka kwenye mshahara wako kama ulivyo wa awali

6. Kwa kukubuali umekubaliana na makato na muda wa mkopo mpya.

7. Kwa kukubali unaruhusu Bayport watumie ujumbe wako ‘SMS” kuingiza makato kwenye mshahara wako, kwa mwajiri wako.

8. Kwakukubali unakubali mashariti yote ya mkopo wa Bayport kama uliwe wa awali

TERMS AND CONDITIONS GOVERNING BAYPORT EXPRESS SERVICE AND BAYPORT EXPRESS LOAN

1. THE AGREEMENT

1.1  This Agreement sets out the Terms and Conditions (hereinafter called “these Terms and Conditions” or “Terms and Conditions”) which shall be applicable to the Bayport Express Service and Bayport Express Loan(s) (as hereinafter defined) registered or to be registered by and for You (as hereinafter defined) with Bayport (as hereinafter defined).

1.2  These Terms and Conditions and any amendments or variations thereto take effect on their date of publication on the website www.kopaBayport.co.tz and/or at Bayport branches and/or distributed via other means of communication.

1.3  The Customer accepts and acknowledges that this is a legal and binding agreement between the Customer and Bayport once accepted by both parties.

1.4  “We,” “our,” and “us,” means the Bayport and includes its successors in title and assigns;

1.5  “You” or “Your” means the Customer and includes Your personal representatives and heirs;

1.6  The word “Customer” shall include the masculine and the feminine gender as well as the legal entities;

1

1.7 Words importing the singular meaning where the contexts so admits include the plural meaning and vice versa.

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

2. DEFINITIONS
2.1 In these Terms and Conditions the following words and expressions (where the context requires otherwise) bear

the following meanings:

2.1.1  Bayport means Bayport Financial Services (T) Ltd incorporated in 2006 with business license number 55322;

2.1.2  “Credit Reference Bureau” means a duly licensed Credit Reference Bureau whose purpose is to inter alia, collect and facilitate the sharing of Customer credit information;

2.1.3  “Customer” means the person who is applying for the Bayport Express Service, in whose name the Bayport Express Loan with Bayport is already existing or is to be registered upon agreeing to these Terms and Conditions;

2.1.4  “Client Contact Centre” or “Contact Centre” means the Customer Care Centre, Call Centre or Bayport Branch or Bayport Agents as may be notified to the Customer by Bayport from time to time;

2.1.5  “Equipment” includes Your mobile phone handset, SIM Card and/or other Equipment which when used together enables You to access Mobile Network;

2.1.6  “Bayport Express Service’’ means the service of receiving an application, underwriting, offering, issuing, disbursing and collecting salary tied loans collected via deduction method that is enabled and executed by the controller and/or the employer; Bayport Express Service is operated via various physical, digital and/or mobile Channels;

2.1.7  ” Bayport Express Loan’’, ‘’Payroll Loan’’ or ‘’Salary tied loan’’ means the loan issued to the borrower, where the primary source of repayment is the direct deduction of the instalments by the controller, employer or any other qualified party from the borrower’s salary and/or other benefits in accordance with these Terms and Conditions;

2.1.8  “Network” or “Mobile Network” means the mobile cellular network operated by various Mobile Networks in the Republic of Tanzania;

2.1.9  “Request” means a request or instruction received by Bayport from You or purportedly from You through a Channel and upon which You authorize Bayport to act on such instructions;

2.1.10  “SIM Card” means the subscriber identity module which, when used with the appropriate mobile phone handset and Network, enables You to access the Bayport Express Service;

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

2.1.12  “Channel” means any physical or electronic infrastructure allowing the receipt of Bayport Express Loan applications, disbursement of Bayport Express Loan, acceptance of payments, Bayport Express Loan repayments and allowing for information exchange; including but not limited to: Bank, ATMs, Mobile, Branches, Agents, Cash Terminals, and/or Websites;

2.1.13  “Credit Limit” means the maximum pre- approved amount that a Customer can borrow on the Bayport Express Service;

2.1.14  “Terms and Conditions” means these Terms and Conditions as amended and updated by Bayport in accordance herewith;

2.1.15  “Controller” means the central capturing office, civil service, employer or any other government or private entity empowered to deduct the due amounts in respect of loans and/or other liabilities from the borrower’s salary and/or other benefits;

2.1.16 “Loan refinancing” or “Loan top-up” means draw down of the funds by You within the Credit Limit, which includes but is not limited to getting an additional salary tied loan once the existing loan at Bayport is partially or fully repaid and/or getting an addition to the existing salary tied loan.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

3.1  Before applying for Bayport Express Service or Bayport Express Loan via any Channel, You should carefully read and understand these Terms and Conditions, which will govern the use and operation of the Bayport Express Service.

3.2  If You do not agree with these Terms and Conditions, please do not continue with any action such as signing the agreement, clicking the agree button, sending an agreement code via SMS, clicking on the agreement option on USSD menu or any other action implying a confirmation of Your agreement to these Terms and Conditions.

3.3  You will be deemed to have read, understood and accepted these Terms and Conditions and the terms of the loan offered:

3.3.1  Upon sending the confirmation SMS to Bayport Number; signing the agreement at the branch or with an agent; and/or expressing Your confirmation to subscription to Bayport Express Service via any other Channel. You confirm that You have read and accepted these Terms and Conditions as stated in the website www.kopabayport.co.tz and/or available at Bayport branch or other Client Contact Centres.

3.3.2  By applying for the Bayport Express Service with Bayport and/or applying for a Bayport Express Loan via any Channel 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 Bayport Express Service and You affirm that these Terms and Conditions herein are without prejudice to any right that Bayport may have with respect to the Bayport Express Service in law or otherwise.

3.4 These Terms and Conditions may be amended or varied by Bayport from time to time and the continued use of Your Bayport Express Service or continuation of Bayport Express Loan utilisation constitutes Your agreement to be bound by the terms of any such amendment or variation.

4. REGISTERING FOR BAYPORT EXPRESS SERVICE

4.1  In order to register for Bayport Express Service at Bayport, You must be at least 18 years old and be formally employed. Bayport reserves the right to verify the authenticity of Your details at any external source available, which verification is hereby authorized by the Customer.

4.2  You may register for Bayport Express Service at Bayport branches, or at any other Channels as instructed by Bayport.

4.3  If You are already using any other services of Bayport including but not limited to Payroll Loan, You hereby authorize Bayport to access and use such information provided by You as a part of Your Bayport Express Service application, without any action required by You.

4.4  You hereby agree and authorize Bayport to request from any third party including but not limited to Credit Bureaus and Mobile Network, Your personal information pursuant to these Terms and Conditions for the provision of the Bayport Express Service including without limitation, Your phone number, name, date of birth, ID or Passport Number, credit history and such other information that will enable Bayport to identify You and comply with the regulatory and/or internal “Know Your Customer” requirements (together the “Personal Information”). You also hereby agree and authorize Bayport to request any third party for information relating to Your ID as Bayport shall require for purposes of providing the Bayport Express Service. You hereby consent to the disclosure of the Personal Information by any third party to Bayport and to the aforesaid use of the Personal Information by Bayport for the purposes of providing the Bayport Express Service.

4.5  You hereby further acknowledge and authorize Bayport to verify Your Personal Information received from a Mobile Network pursuant to the information received from the third parties.

4.6  Bayport hereby reserves the right to request further information from You pertaining to Your application for Bayport Express Service at any time. Failure to provide such information within the time required by Bayport may result in Bayport declining to accept Your application for Bayport Express Loan.

4.7  Bayport reserves the right to decline Your application for access to the Bayport Express Service or to revoke the same at any stage at Bayport sole discretion and without assigning any reason or giving any notice thereto.

5. BAYPORT EXPRESS LOAN

5.1  As an applicant and/or the client of Bayport Express Service and/or having being informed of Your Credit Limit, You
may, subject to these Terms and Conditions, apply for a Bayport Express Loan at a Branch or using Your Equipment.

5.2  Upon applying for the Bayport Express Loan, Your application shall be considered in accordance Bayport’s underwriting criteria. Bayport reserves the right, at its sole discretion and without assigning any reason, to approve or decline Your application for a Bayport Express Loan. Subject to the approval of Your application for a Bayport Express Loan, Bayport hereby reserves the right to determine, at its sole discretion, the amount to be issued by Bayport.

5.3  You will be deemed to have understood and accepted the terms of the loan offered by Bayport upon sending the confirmation SMS to Bayport Number; signing the agreement at the branch or with an agent; and/or expressing Your confirmation via any other Channel.

5.4  Bayport may at its sole discretion allocate a part or a full amount of the approved (and then disbursed) loan to partially or fully settle any of the client’s liabilities at Bayport that exist at the time of loan approval and or disbursement.

5.5  The proceeds of the Loan shall be credited to Your bank account, mobile wallet or other types of accounts subject to any deductions of applicable transaction fees at Bayport’s sole discretion. Bayport reserves the right to verify Your bank account, e-wallet or other currency holding medium details as part of Your personal information from any internal or external (third party) sources.

5.6  You shall repay the principal of the Loan as well as the interest, fees and penalties as per schedule provided to You by Bayport via any Channel, including but not limited to printout (paper form), SMS, email etc. In case no schedule is provided by Bayport or You consider the schedule to be insufficient, it is Your sole responsibility to verify the details via Bayport Channels;

5.7  In the event that You do not repay the Loan in full as per these Terms and Conditions, Bayport shall, at its sole discretion levy default interest (penalties) on the outstanding amount which shall be calculated on any outstanding amount and shall continue to accrue until payment is received by Bayport in full.

5.8  You shall make all payments due by You to Bayport in respect of the Bayport Express Loan by the direct deduction and other Channels as preferred by Bayport.

5.9  Bayport reserves the right to vary the terms of the Loan including the fees payable thereon from time to time at its sole discretion and without any prior notice.

5.10  You hereby expressly consent and authorize Bayport to disclose or publicize any of Your personal information in public media or to authorities for collection or other purposes in accordance with the legal or Bayport’s internal regulations.

5.11  The proceeds of Express Loan can be utilised to refinance the existing Payroll Loan, or to finance other consumer needs upon Bayport’s consent.

6. BAYPORT EXPRESS LOAN REPAYMENT AND COLLECTION

6.1 In the instances of late payment of any amount due including but not limited to insurance premiums, penalties, fees, loan interest and/or loan principal, Bayport may, at its sole discretion, consolidate all amounts owing under

the Bayport Express Loan with any other amounts outstanding at Bayport, howsoever arising. The Customer hereby agrees that, upon consolidation of all amounts owing by You to Bayport, Bayport shall be entitled to utilize any means of collection for such amount, including but not limited to, the direct deduction of the total consolidated amount from Your salary by the controller or by Your employer, direct debit transaction or external debt collectors.

6.2  You may not unilaterally cancel the deduction direct debit or any other form of collection means until such time as the consolidated amounts owing have been repaid in full.

6.3  For the loan repayment in accordance to the schedule as well as in instances of delinquencies or termination or retrenchment from Your employment, You hereby irrevocably instruct Your employer to:

6.3.1  Deduct from Your salary or terminal benefits the amounts owing under the Bayport Express Loan until the loan, the respective interest, penalties and any other fees are paid in full; the dedication amounts may vary due to change in interest, principal outstanding or changes to other terms of the loan.

6.3.2  Treat all such salary or benefit deductions by Your employer as though You had signed them personally.

6.3.2  Treat the authorization(s) signed for the existing or the previously issued loans including but not limited to authorisation for deduction from salary and terminal benefits in order to guarantee the loan payments, as also valid for the Bayport Express Loan.

6.3.3  Deduct amounts owing in either weekly or fortnightly instalments in circumstances where You are paid on a weekly or fortnightly basis.

6.4  Should the salary and terminal benefits deduction implemented on Your payroll fail to recover the outstanding Bayport Express Loan balance, You hereby consent to Bayport issuing a debit order to any bank that You will be banking with in order to recover such outstanding amounts.

6.5  You may settle the loan before the prescribed end term date. An early settlement attracts interest penalty on the loan being settled. The admin/origination fee is non-refundable fee, and it will not be discounted on the pro-rata basis at early settlement.

7. DEFAULT AND ACCELERATION

7.1  Bayport may immediately demand repayment of the whole amount outstanding at any time if You:
 Commit any breach of these terms and condition or commit an act of insolvency;
 Are delinquent on Your payments;
 Have made a false representation at the time of applying for the loan or in case of any act that may
prejudice Bayport’s rights as per these Terms and Conditions.

7.2  Bayport may deduct all amounts outstanding from the borrower’s benefits at termination whether due to retirement or any other cause.

8. INSURANCE

8.1 Insurance cover for death, disability and dreaded disease is provided as part of Bayport Express Loan by the third party insurer. The effective cover is in respect to the loan amount disbursed plus the interest accrued less the instalments received till the time the insurance claim is paid. The insurance premium is included in the total monthly instalment. In the event of default for reasons outside the insurance cover, the borrower or his or her estate will be liable for the settlement of the amount outstanding. This cover is effective for all loan products in excess of 3 months, 1-3 month loans are excluded from insurance cover. Notwithstanding any insurance that may be in effect in respect of the loan or the repayment thereof You remain liable for the repayment of the loan as per these Terms and Conditions.

8.2 You may refer to the terms of an insurance policy in Appendix 1 of these Terms and Conditions.

9. FEES AND OTHER CHARGES

9.1. You hereby agree to pay all transaction fees payable in connection with Your use of the Services if any.

9.2  Any legal charges including advocate and client costs incurred by Bayport in obtaining legal advice in connection with Your Bayport Express Service and/or Your loan and Your dealings with Bayport or incurred by Bayport in any legal, arbitration or other proceedings arising out of any dealings in respect of Your Bayport Express Service; and

9.3  All other fees, expenses and taxes, duties, impositions and expenses incurred in complying with Your Requests.

9.4  You hereby agree to pay costs charges and expenses incurred by Bayport in obtaining or attempting to obtain payment of any loan You owe to Bayport.

10. IRREVOCABLE AUTHORITY OF BAYPORT

10.1  It is Your sole responsibility to familiarize Yourself with the operating procedures for the service that will be provided by Bayport upon Your registration to the Bayport Express Service. Bayport shall not be liable for any losses incurred as a result of Your errors either of commission and/or omission.

10.2  You hereby irrevocably authorize Bayport to act on all requests received by Bayport from You (or purportedly from You) through the system and to hold You liable in respect thereof, notwithstanding that any such requests are not authorized by You or are not in accordance with any existing mandates given by You.

11 CUSTOMER’S EQUIPMENT AND CUSTOMER’S RESPONSIBILITIES

11.1  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.

11.2  You shall be responsible for ensuring the proper performance of Your Equipment. Bayport shall neither be responsibleforanyerrorsorfailurescausedbyanymalfunctionofYourEquipment,and nor shall Bayport 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 Bayport shall not be responsible for losses or delays caused by any such service provider.

11.3  You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by Bayport the use of the System and Services.

11.4  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 Bayport 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.

11.5  You shall immediately inform Bayport through the Contact Centre in the event that:

11.5.1 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.

11.6  You shall at all times, follow the security procedures notified to You by the Bayport from time to time or such other procedures as may be applicable to the Services from time to time.

11.7  You acknowledge that any failure on Your part to follow the recommended security procedures may result in a breach of Your Bayport Express Service 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.

11.8 You shall not at any time operate or use the Services in any manner that may be prejudicial to Bayport.

 

12. EXCLUSION OF LIABILITY
12.1 Bayport shall not be responsible for any loss suffered by You, howsoever arising, should the Bayport Express

Services be interfered with or be unavailable by reason of:

12.1.1 (a) the failure of any of Your Equipment, or (b) any other circumstances whatsoever not within the Bayport 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.

12.2 Bayport will not be liable for any losses or damage suffered by You as a result of or in connection with:

12.2.1.  Assumption that You will be granted a loan, even if those assumptions are grounded on valid arguments;

12.2.2.  Failure, malfunction, interruption or unavailability of the System, Your Equipment, the Network or Bayport Express Service;

12.2.3.  Any fraudulent or illegal use of the Services, the System and/or Your Equipment; or

12.2.4.  Your failure to comply with these Terms and Conditions and any document or information provided by Bayport
concerning the use of the System and the Services.

12.3.  If for any reason the Services are interfered with or unavailable, Bayport sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

12.4.  Under no circumstances shall Bayport 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 Bayport.

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

13. INTELLECTUAL PROPERTY RIGHTS

13.1 You acknowledge that the intellectual property rights in the system (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that Bayport provides to You through the system or otherwise are vested either in Bayport or in other persons from whom Bayport has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the system and associated documentation without the prior written consent of Bayport.

14. INDEMNITY

14.1  In consideration of Bayport complying with Your instructions or Requests in relation to the Bayport Express Service, You undertake to indemnify Bayport and hold it harmless against any loss, charge, damage, expense, fee or claim which Bayport suffers or incurs or sustains thereby and You absolve Bayport from all liability for loss or damage which You may sustain from Bayport acting on Your instructions or requests or in accordance with these Terms and Conditions.

14.2  The indemnity shall also cover the following, without limitation:

14.2.1 All demands, claims, actions, losses and damages of whatever nature which may be brought against Bayport 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 Bayport 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 Bayport.

14.2.2  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.

14.2.3  Any unauthorized access to Your Bayport Express Loan 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.

14.2.4  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 the Bank as a consequence of any breach by these Terms and Conditions.

14.2.5  Any damages and costs payable to the Bank in respect of any claims against the Bank for recompense for loss where the particular circumstance is within Your control.

15. TERMINATION

15.1.  Bayport at any time, upon notice to You, may terminate or vary its business relationship with You and cancel Your access to Bayport Express Loan without providing reason therefore and in particular but without prejudice to the generality of the foregoing, Bayport may cancel any Credit Limit which it has granted and require the repayment of outstanding debts resulting there from within such time as Bayport may determine.

15.2.  Bayport may also, at its sole discretion, suspend or, decline any Bayport Express Loan application or cancel Your Bayport Express Service:

15.2.1.  If You use the Bayport Express Loan for any unauthorized purposes or where Bayport detects any abuse/misuse, breach of content, fraud or attempted fraud relating to Your use of the Bayport Express Services;

15.2.2.  If Bayport is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

15.2.3.  If Bayport 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);

15.2.4.  Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;

15.2.5.  To facilitate any updates or upgrades of the contents or functionality of the Bayport Express Services from time to time

15.2.6.  Where You remain inactive for any period of time; or

15.2.7.  If Bayport decides to suspend or cease the provision of the Bayport Express Services for any reason whatsoever.

15.2.8.  If You have had a current or past listing with Credit Reference Bureau for a Non- performing account with any institution.

15.3.  You may cancel the Bayport Express Service at any time at any Bayport branch upon payment of all outstanding amounts owed to Bayport.

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

16. DISCLOSURE OF INFORMATION

16.1. You hereby expressly consent and authorize Bayport to disclose, receive, record or utilize Your personal information or information or data relating to Your Bayport Express Service and any details of Your use of the Services:

16.1.1.  to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;

16.1.2.  To and from Bayport service providers, dealers, agents, funders or any other company that maybe or becomes Bayport subsidiary or holding company;

16.1.3.  To a Credit Reference Bureaus;

16.1.4.  to Bayport’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

16.1.5.  For reasonable commercial purposes connected to Your use of the Bayport Express Services, such as marketing and research related activities; and

16.1.6.  In business practices including but not limited to quality control, training and ensuring effective systems operation.

17. MISCELLANEOUS

17.1.  These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on
You and Your personal successors.

17.2.  This Agreement and any rights or liabilities accruing there under may not be assigned by You to any other person
without Bayport’s prior written consent thereto.

17.3.  Bayport may assign its rights and obligations accrued under this Terms and Conditions fully or partially to any third party upon its sole discretion and the Customer hereby consents to such assignment and consequent splitting of such claim.

17.4.  Bayport may vary or amend at any time and without notice to You these Terms and Conditions, the terms of the Bayport Express Loan and establish any additional fees upon its discretion. Any such variations or amendments may be published in posters or pamphlets available at Bayport branch outlets, in the daily newspapers, on the Bayport website and/or by any other means as determined by Bayport and any such variations and amendments shall take effect immediately upon publication.

17.5.  No failure or delay by either Yourself or Bayport in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

17.6.  The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

17.7.  If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

17.8.  Any addition or alteration to these Terms and Conditions may be made from time to time by Bayport and shall be binding upon You as fully as if the same were contained in these Terms and Conditions.

18. NOTICES

18.1.  Bayport may send information concerning the Bayport Express Service via postal delivery, call centre, or SMS to the Mobile Network Mobile Phone number associated with Your Bank Account, in which these will be deemed received by You within 5 days after the dispatch of such information.

18.2.  You acknowledge that You have no claim against Bayport for damages howsoever arising resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to Bayport Express Service.

 

GOVERNING LAW

This Agreement is governed by and shall be construed in accordance with the laws of Tanzania.

Appendix 1

CREDIT PROTECTION POLICY TERMS

This certificate is issued to the person who will be referred to as “You or The Insured”. NIKO INSURANCE TANZANIA LIMITED. (“NIKO”) (The Insurer) in favour of BAYPORT FINANCIAL SERVICES LIMITED (Bayport). The Insurer agrees to accept any eligible person who successfully applies for the cover provided in terms of this insurance policy subject to the terms, conditions and exceptions of the policy terms hereunder. The Insurer further undertakes, in the event of a valid claim, to pay the benefits as defined by Bayport subject to the policy terms and conditions.

COMMUNICATION WITH THE INSURER AND THE COMPANY

Should you wish to communicate with The Insurer or The Company in connection with this policy kindly contact:

THE INSURER: NIKO
PPF House, 8th Floor, Morogoro Road/Samora Avenue, Dar es Salaam, Tanzania
Tel: (+255) 22 2120188 Fax : (+255) 22 2120193

DETAILS OF COVER

BAYPORT: BAYPORT FINANCIAL SERVICES LIMITED
Bayport House, 103E Ali Hassan Mwinyi Road, Morocco Junction Dar es Salaam, Tanzania
Tel: (+255) 22 2 664 636-6 Fax: (+255) 22 2 664 367

The initial term of insurance, the sum insured and the monthly premium are reflected in the payment terms with Bayport.

The initial term of insurance may be exceeded should The Insured fail to make payment of the premium by due date at any time during the
initial term.

This is a monthly decreasing sum insured policy. The cover provided is the outstanding balance on the date of the insured event giving rise to a claim.
INSURANCE REQUIREMENT
You understand and agree that it is a condition of the loan granted to you as per Bayport Express Loan Terms and Conditions so that the outstanding balance of such loan is covered by a Credit Protection Policy and that such a policy is acceptable to Bayport and which must be ceded to Bayport for the period of the loan until such time as the outstanding balance on the loan is paid in full.

THE INSURER
Where you have requested an insurance policy in respect of your Bayport Express loan, you acknowledge that:
1) Bayport acts as an intermediary for The Insurer but is not a representative of The Insurer as understood under the Tanzanian Insurance Act 2009 and that no employee or contractor of Bayport is authorised to offer you any advice on your selection of insurance policy or to compare it for you to any other insurance policy or lead you towards the choice of any particular insurance policy.
2) you grant full authority to Bayport to:
a) together with your monthly loan repayment amount, deduct any premium due in terms of The Insurer’s insurance policy from your bank account or from your salary as the case may be, together with your monthly loan repayment amount; and,
b) Pay such premium successfully deducted to The Insurer on your behalf; and,
c) Continue to deduct such premiums for the period that your insurance cover is in force and whilst you still have an outstanding balance on your loan.
3) The effective date of your insurance policy will coincide with your obligations in terms of your loan agreement becoming binding.
4) If for any reason whatsoever the above-mentioned policy is cancelled before your loan is paid in full, you will be required to replace it with a paid up policy of equal benefit which meets with the approval of Bayport and which is ceded as security to Bayport.
5) Should you wish to cancel the above-mentioned insurance policy at any time before your loan is paid in full, you acknowledge that you cannot do so without the prior written approval of Bayport. You understand that upon any failure to comply with this requirement, you will be considered to be in breach of the loan agreement which will result in all outstanding amounts being payable immediately on demand by Bayport.

DECLARATION

You, The Insured, understand, agree and, where applicable, declare and understand that The Insurer will not be obliged to make any payment in respect of any event arising directly or indirectly from or traceable to any Pre-Existing conditions.

You hereby acknowledge that Bayport has fully disclosed the policy summary and the appropriate information contained in this document regarding the Credit Protection Policy.