The following terms and conditions apply to Jireh's Healthcare Financing (the "Service") and by utilizing this service you will be deemed to have read, understood and accepted the same.
a) The Service allows all new and existing Jireh Health Members to apply for a Line of Credit (as explained in Clause Two hereof).
b) The Service can only be utilized by persons over the age of eighteen (18).
c) Our acceptance of your Loan Application will be displayed on the Jireh App. You hereby acknowledge and accept that the acceptance by Us of any Loan Application does not create any contractual relationship between you and Us beyond the terms and conditions of this Agreement.
d) We reserve the right to decline a Loan Application or to revoke the same at any stage at our sole and absolute discretion and without assigning any reason or giving any notice thereto.
I. You represent, on your own behalf, that:
a) You are a natural person, of at least eighteen (18) years of age, with legal capacity, and you appear on your own behalf to enter into this Agreement with Us.
b) Before entering into this Agreement, you have read and understood the provisions herein and you agree to comply with the provisions contained in this Agreement.
c) By clicking the "Accept" button within the Jireh App, you agree that you have read, and agree to comply with the terms and conditions of this Agreement, including and without limitation to, the terms, rate and repayment schedule of the Loan set forth on the Loan Details Page at the time you accept the Loan offered to you.
d) You further represent that all documents related to this Agreement and any Loan were available for your review through the Jireh App.
e) All information and documents provided by you to Jireh through the Loan Application on the Jireh App are true, complete and correct.
f) By accepting this Agreement, you consent to us collecting and using (i) your personal information, and (ii) technical information about you, your Equipment and use of the Jireh App and any related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you.
i) You will provide information to enable us to verify your identity which is necessary to fulfil our due diligence obligations for the disbursement of any Loan. Such information shall be processed in accordance with our Privacy Policy.
j) You acknowledge that Jireh, through the Jireh App, each Loan Details Page and this Agreement, has disclosed to you the definitive terms and conditions of any Loan granted hereunder, as well as the applicable charges and Additional Expenses contained in this Agreement, to which you express your acceptance by means of clicking the "Accept" button within the Jireh App.
This Agreement is between the Jireh Health Member and Jireh Innovations Limited (“Jireh”), which provides the Jireh App in Kenya. In consideration of you agreeing to abide by the terms of this Agreement, Jireh intends to grant you a Credit Line in accordance with the provisions of this Agreement.
For the purposes of this Agreement, the following terms, whether used in the singular or plural, in upper or lower case, or in masculine or feminine, shall have the following meanings:
"Additional Expenses" means, with respect to any Loan, any benefits, transaction fees, late fees, ancillary expenses, interest charges, fees and/or other expenses incurred by Jireh related to such Loan.
"Applicable Data Protection Regulation" means any law, statute, rule, or regulation issued by a governmental authority in relation to data protection and applicable to Jireh by virtue of its operations and activities, including but not limited to the Kenyan Data Protection Act, 2019 and the related implementing regulations.
"Credentials" means the Jireh Health Member's unique authentication details on the Jireh App
"Credit Bureau" means a Credit Reference Bureau duly licensed under Banking Act CAP 488 Laws of Kenya 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.
"Disbursement Date" means, with respect to any Loan, the date on which such Loan is disbursed to your elected care provider in accordance with the terms in this Agreement.
"Due Date" means, with respect to any Loan, the date set forth on the related Loan Details Page.
"Guarantor" means a who wil issue a guarantee by way of a financial instrument (whether by credit card or as otherwise determined by Jireh in its sole discretion) as security for your repayment obligations to Jireh.
"Interest" means, with respect to any Loan, the charges applicable to such Loan to be charged by Jireh to you, which shall be calculated and shall be payable in accordance with Clause Seven hereof.
"Jireh App" means the technological interface maintained by Jireh in which you are registered, and which can only be accessed by you.
"Jireh Health Member" means any person who has completed the Sign Up on the Jireh App and has accepted this agreement.
"Late Payment Fee" means, with respect to any Loan, the charge set forth on the related Loan Details Page, which shall be payable in accordance with Clause Seven hereof.
"Loan" means any loan that is disbursed by Jireh to your Medical Care Provider in accordance with this Agreement.
"Loan Amount" means, with respect to any Loan, the amount advanced by Jireh to you as specified on the related Loan Details Page.
"Loan Application" means the “Fund Treatment” request made by you on the Jireh App, which has been reviewed, evaluated, selected, qualified and, if applicable, approved by Jireh, subject to its internal policies and applicable regulations.
"Loan Details Page" means, with respect to any Loan, the document attached hereto that describes the specific terms, conditions and characteristics of such Loan or, if such document is not available with respect to any Loan, the “Loan Details” page set forth in the Jireh App at the time you clicked the “Accept” button within the Jireh App with respect to such Loan.
"Loan Term" means, with respect to any Loan, the period from the related Disbursement Date to and including the related Due Date.
"Medical Care Provider" means a care provider that is registered and licensed in accordance with the Health Act No. 21 of 2017 in Kenya and that has been indicated by the Jireh Health Member as part of the Loan Application.
"Mobile Money Service" means the money transfer and payments service operated by the Mobile Money Providers in Kenya.
"Mobile Money System" means the system operated by the Mobile Money Providers in Kenya for the provision of the Mobile Money Service.
"Mobile Money Provider" means a mobile network operator registered with the Communications Authority of Kenya.
"Network" means a mobile cellular network operated by a Mobile Money Provider.
"Personal Data" means personal identifiable information of any natural person as prescribed in the Kenya Data Protection Act, 2019, which information includes but is not limited to name, address, phone number, identification number, location data, date of birth, gender, transaction data, an online identifier or information relating to one or more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of such person. It also includes Sensitive Personal Data.
"Privacy Policy" means the Jireh Privacy Policy (available within the Jireh App) that sets out the basis on which any personal data we collect from you, or that you provide to us, will be stored and processed by us.
"Relevant Information" means 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 service providers relating to your use of the Mobile Money Service and such other information as We shall require for purposes of providing the Services.
"Sensitive Personal Data" means data revealing any natural person’s race, health status, ethnic, social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person’s children, parents, spouse or spouses, sex or the sexual orientation of such person.
"Sign Up" means successful completion of the onboarding process on the Jireh App that prior to using the byServices, you must sign up by providing the requested information (which may include but not limited to personal information such as your identity details, gender, name, location, mobile phone number and age) in the “Sign Up” application on the Jireh App and uploading necessary information as required by us.
"Tax" – means, with respect to any Loan, the related Value Added Tax, excise duty or any other tax that may be payable from time to time in accordance with the tax legislation in force.
"Total Payable Amount" means, with respect to any Loan, an amount equal to the sum of the following items: (i) the related Loan Amount; (ii) the related Interest; (iii) any related Tax and (iv) any related Additional Expenses.
"We / Jireh / Us" means Jireh Innovations Limited
"You" or “your” means the Jireh Health Member and includes the personal representatives of the Jireh Health Member.
Subject to the terms and conditions of this Agreement, Jireh grants for your benefit, a line of financing, for medical treatments and related matters to be incurred by a Medical Care Provider on your account.
Subject to the limitations set forth herein, all Loans shall be disbursed by Jireh directly to the Medical Care Provider under the terms of this Agreement, by means of transfer of funds to your Medical Care Providers' financial account.
You acknowledge that each Loan shall be deemed to be disbursed when the amount specified in the related Loan Details Page is disbursed to the Medical Care Provider.
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 Jireh App, subject to this Agreement. We reserve all other rights.
Except as expressly set out in this Agreement, you agree not to:
You also agreed to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Jireh App or the Service.
You are not permitted to do any of the following:
Subject to the conditions in this Agreement, each Loan shall be made available to you upon request through the Jireh App.
Your request for disbursement of any Loan shall be made by accepting the Loan Details Page that sets forth the specific terms and conditions of the requested Loan. Jireh shall transfer the Loan Amount specified in the Loan Details Page to the Medical Care Provider. You expressly, unconditionally and irrevocably accept and agree to pay to Jireh the Total Payable Amount in accordance with Clause Six and Seven below.
You accept and acknowledge that disbursement of any Loan to the Medical Care Provider shall be proof of receipt of such Loan by you.
Notwithstanding the grant of any Loan Amount to you and any other provision of this Agreement, You understand that Jireh may deny any request for any Loan you might make, even if you have satisfied all conditions for the disbursement of such Loan. Any such denial will be solely in Jireh’s discretion, and could occur as a result of market conditions, availability of Jireh’s funding sources or for any other reason. You expressly and unconditionally accept and acknowledge Jireh’s right to deny a request for any Loan as described in this paragraph.
When you make a request for any Loan on your Jireh App, your application shall be appraised according to the applicable credit appraisal processes of Jireh. Jireh reserves the right at its sole discretion and without assigning any reason to approve or decline any Loan Application that you make.
The Guarantor irrevocably and unconditionally guarantees to Jireh the due and punctual performance of each of your obligations contained in these terms and conditions.
The Guarantor shall pay to Jireh on demand a sum of money which you are at any time liable to pay to Jireh under or pursuant to these Terms and Conditions and which has not been paid at the time the payment falls due. The Guarantor's obligations under this clause 5 are primary obligations and not those of a mere surety.
The Guarantor irrevocably and unconditionally agrees to indemnify (and keep indemnified) Jireh against any costs, losses, or liabilities incurred as a result of any breach of this Agreement by you or the Guarantor. The amount of the loss, liability or cost shall be equal to the amount which Jireh would otherwise have been entitled to recover from you.
The Guarantor waives any right it may have of first requiring Jireh to proceed against or enforce any other rights or security or claim payment from any person before claiming from the Guarantor under this clause 5. This waiver applies irrespective of any law or any provision of the Agreement to the contrary.
The Guarantor agrees to provide [his/her/their] credit card details as collateral to secure the Loan.
The Guarantor authorizes Jireh to charge the credit card in the event of default or non-payment by you, up to the full amount of the outstanding loan principal, interest, and any associated costs or fees.
The Guarantor shall promptly notify Jireh of any material adverse change in their financial condition.
If a Guarantor, please do not click continue if the terms of this clause 7 and these terms and conditions in general are not acceptable to you.
You shall not at any time operate or use the Service in any manner that may be unlawful or prejudicial to Jireh.
You agree to pay Jireh by or on the related Due Date the Total Payable Amount related to any Loan granted by Jireh to You under this Agreement.
You shall pay the Total Payable Amount related to each Loan on or before the related Due Date in accordance with the terms and conditions of this Agreement, otherwise You will be required to pay Late Payment Fee in accordance with Clause Seven.
You shall make payments under this Agreement through any of the means established by Jireh for such purpose and identified to You in the Jireh App.
In the event Jireh is not in receipt of your payment, we will require You to provide proof of the true copy of the payment details of such payment before we can update your account on the Jireh App.
Jireh shall have the right to charge You the following charges:
Jireh retains the discretion to vary the charges prescribed under Clause Seven subject to changes in the amount of tax payable.
All payments to be made by you in connection with this Agreement are calculated without regard to any Taxes. If any Tax is payable in connection with any Loan, You must pay Us an additional amount equal to the appropriate rate of tax. You must do so at the same time that you make any related payment on such Loan.
You agree to pay all other interest charges, fees, expenses, taxes, duties and impositions incurred by Jireh in complying with your requests.
You hereby agree to pay costs, charges and expenses incurred by Us in obtaining or attempting to obtain payment of any amounts under any Loan owed by You.
Prepayments: You may prepay any Loan in whole or in part at any time before the related Due Date without incurring any penalty as long as you have made all payments due and arising under this Agreement prior to such prepayment. Jireh reserves the right to set a minimum amount for partial prepayments, and such amount will be disclosed by Jireh to You through the Jireh App.
If You want to prepay any Loan in whole, you shall pay to Jireh the Total Payable Amount related to such Loan as of the date of such prepayment.
Once such prepayment is credited as prescribed in this Agreement, Jireh shall update the balance statement of the relevant Loan to reflect the prepayment made by you. Jireh shall make such statement available to you through the Jireh App.
Each time you make a prepayment either in whole or in part, Jireh will make a receipt of such payment available to you through the Jireh App.
You will be able to view the balance of any outstanding Loan and a history of all Loan Applications made by You and a history of all amounts paid by You to Jireh at any time through the Jireh App.
In the event that you do not agree with any of the balances, transactions or other information provided through the Jireh App, please contact our customer support team via email at [email protected].
We, upon receiving a complaint, shall provide the complainant with a prompt response and resolve the complaint within thirty (30) days.
Applicable tariffs will be charged by your telephone and internet service provider(s) when communicating with the customer support team.
You authorize Us to act on all requests received from you (or purportedly from you) through the Jireh App and to hold you liable in respect thereof, even if that request is otherwise for any reason incomplete or ambiguous if, in our absolute discretion, We believe that it can correct the incomplete or ambiguous information in the request without any reference to you being necessary.
We 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 We may act if We have in good faith acted in the belief that such instructions have been sent by you.
You acknowledge that we may nevertheless refuse to carry out any requests in our sole and absolute discretion, including the right to reject any request in relation to any Loan Application from you even if we have previously disbursed a Loan to you.
You agree to and shall release from and indemnify Us against all claims, losses, damages, costs and expenses, howsoever arising in consequence of, or in any way related to Us having acted (or failed to act) in accordance with the whole or any part of any of your requests.
We are authorized to affect such orders in respect of the Service and your use of the Jireh App as may be required by any court order or competent authority or agency under applicable laws.
In the event of any conflict between any terms of any request received by Us from you and this Agreement, this Agreement shall prevail.
Jireh reserves the right to amend or vary these Terms and Conditions from time to time. Such amendment or variation will take effect within thirty (30) days from the date of notification of the update or amendment at which time you may access the Jireh App to view the related changes. Jireh will provide the modified version of this Agreement for your reference on Jireh’s website (www.jireh-health.com).
Your consent to any modifications made by Jireh to the Loan Details Page of any Loan shall be required and obtained by clicking the “Accept” button within the Jireh App.
Any modifications to this Agreement that are required to adapt this Agreement to new regulatory provisions are exempted from the provisions of this Clause Twelve. In such cases, Jireh shall notify you through the Jireh App that information regarding the relevant changes can be accessed through the Jireh App.
Jireh may modify or charge additional interest or fees in addition to those established in this Agreement or any Loan Details Page, with prior notification to You.
You confirm and acknowledge that Jireh may from time to time request and provide information to any Credit Reference Bureau regarding your credit history as well as obtain the corresponding reports.
If we intend to submit a negative credit report to a Credit Reference Bureau for your breach of the provisions of this Agreement, we shall provide you with seven (7) days’ notice prior to such submission. After providing You with this notice, we shall notify you within 30 days of submitting a negative report that such a report has been submitted to any Credit Reference Bureau.
You agree that you shall:
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.
You further agree that you shall immediately inform Us in the event that you have reason to believe that:
You acknowledge that the intellectual property rights in the Jireh App (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that Jireh provides to you through the Jireh App or otherwise are vested either in Jireh or in other persons from whom Jireh has a right to use and to sub-license the Jireh App 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 Jireh App and associated documentation without the prior written consent of Jireh.
Jireh shall not be responsible for any loss suffered by you should the Service be interfered with or become unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within Jireh’s control, including, without limitation, force majeure or error, interruption, delay or non- availability of the service as a result of any terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
We will not be liable for any losses or damage suffered by you as a result of or in connection with:
If for any reason other than a reason mentioned in the subparagraphs above, the Service is interfered with or unavailable, Jireh’s sole liability under this Agreement in respect thereof shall be to re-establish the Service as soon as reasonably practicable.
Except as provided in the subparagraphs above, Jireh shall not be liable to you for any interference with or unavailability of the Service, howsoever caused.
In the event of your death, your obligations under this Agreement shall vest in your personal representative.
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
In consideration of Jireh complying with your instructions or requests in relation to the Service, you undertake to indemnify Jireh and hold it harmless against any loss, charge, damage, expense, fee or claim which Jireh suffers or incurs or sustains thereby and you absolve Jireh from all liability for loss or damage which you may sustain from Jireh acting on your instructions or requests or in accordance with this Agreement.
The indemnity shall also cover the following:
Jireh may at any time terminate this Agreement and accelerate any outstanding Loan and any related Total Payment Amount shall become immediately due and payable in the event that you default on any of your obligations under this Agreement or if any of the following occurs:
You agree that Jireh shall be entitled to terminate the Agreement at any time, without any responsibility and without need of judicial resolution, by means of a simple written notice given to you. Notwithstanding any other provision in this Agreement, upon termination of this agreement by Jireh, the rights and obligations granted hereunder shall cease to accrue and shall forthwith be extinguished.
You agree that You shall not assign any of your rights under this Agreement, transfer any of your obligations under this Agreement, sub-contract or delegate any of your obligations under this Agreement nor charge or deal in any other manner with this Agreement any of your rights or obligations.
You expressly and irrevocably authorize Jireh to assign, transfer or discount, at any time, including before the Due Date related to any Loan, all of its rights under this Agreement related to any and all Loans.
You agree that in case of any default by you on any of your obligations under this Agreement, Jireh may obtain the payment of the Total Payable Amount from the Guarantor as per clause 5 or through any procedures available to it under the applicable law.
If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice, you can send this to us through the Jireh App, or by e-mail to [email protected]. We will confirm receipt of this by contacting you in writing by way of e-mail. If we have to contact you or give you notice in writing, We will do so by e-mail or by Whatsapp or SMS to the mobile phone number or email address you provide to Us in your request in the Jireh App.
Each Loan Details Page and, if applicable, the Loan Application, form an integral part of this Agreement and have the same validity and effectiveness as if they had been incorporated into the main body of this Agreement. If there are inconsistencies between the content of any supplementary document and the content of the Clauses of this Agreement, the content of the supplementary document shall prevail.
The nullity, invalidity, illegality or lack of enforceability of any provision of this Agreement shall in no way affect the validity, legality and enforceability of any other provisions of this Agreement.
If any clause is rendered void or unenforceable, whether wholly or in part, the parties shall endeavor, without delay and in good faith discussions, to attain the economic and/or other intended result in another legally permissible manner.
This Agreement constitutes the sole and entire agreement between the parties in relation to the subject matter hereof.
We are committed to respecting and protecting the privacy of the information we collect from you and all marketing shall be done in accordance with our Privacy Policy.
Jireh upholds the importance of protecting the privacy of all information provided by users of the Jireh App. We use your Personal Data and Relevant Information in accordance with our Privacy Policy and the Kenya Data Protection Act, 2019. Please take the time to read our Privacy Policy as it sets out the consents we may require from you and ask you to provide on how we collect, use, store and share your personal data. A copy of the Privacy Policy can be accessed on the Jireh App and the Jireh Website. You may also request copies of the above and this Agreement by writing to us via email at [email protected].
No failure or delay by either yourself or Jireh 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.
No failure by Us 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.
Jireh encourages you to report any disputes, claims or discrepancies via email at [email protected].
In any event, you agree that you shall, in good faith, resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this Agreement.
In the event of a dispute arising out of or relating to this Agreement, the parties will commence settlement of that dispute by way of mediation.
Any dispute arising out of or in connection with this Agreement that is not resolved by mediation shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act.
To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
This Agreement constitutes the entire agreement between you and us and shall supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
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 this Agreement.
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.