1. Definitions

For purposes of these Terms:

1. Instant Payment refers to a short-term financial advance provided by VunaPay to eligible farmers against expected seasonal proceeds from a registered cooperative.

2. Eligible Balance means the amount you are qualified to withdraw in advance, determined by your expected payout from your cooperative and any applicable risk assessments.

3. Facilitation Fee refers to the service charge levied by VunaPay for processing and disbursing the Instant Payment, as further described herein.

4. Payment Due Date refers to the final date agreed upon between VunaPay and your cooperative for seasonal settlement of proceeds.

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2. Service Overview

2.1  The VunaPay Instant Payment Service allows eligible farmers to receive a portion of their expected seasonal earnings in advance, facilitated via mobile money or farmer’s bank accounts. The service offers early access to funds through a withdrawal mechanism accessible by USSD.
 

2.2 Users Obligation

1. By using our Services, you agree to:

2. Use the Services only for lawful purposes and in accordance with these Terms.

3. Not engage in any activity that interferes with or disrupts the Services.

4. Not attempt to gain unauthorized access to any part of the Services or any other systems or networks connected to the Services.

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3. Eligibility and Opt-in

1. To qualify for this Service, you must:

   1. Be a registered and verified member of a participating cooperative;

   2. Have a reliable transaction history or expected produce earnings;

   3. Complete the opt-in process via the approved USSD or mobile interface.

2. The opt-in process includes the following steps:

   1. Provision of consent to these Terms and Conditions;

   2. Acknowledgement of the current facilitation fee structure;

   3. Acceptance of data-sharing arrangements with the cooperative.

3. VunaPay reserves the right to reject, suspend, or terminate your access to the Service at any time based on eligibility criteria, risk profiling, or misuse.

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4. Instant Payment Request

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1. You may initiate a request for Instant Payment using the designated USSD code or other available channels.

2. Upon request, you will:

   1. View your Eligible Balance;

   2. Be shown the applicable Facilitation Fee;

   3. Be required to explicitly confirm your acceptance of the fee.

3. Once confirmed, VunaPay will:

   1. Process your request;

   2. Disburse the approved advance amount via nominated mobile money wallet or bank account;

   3. Provide SMS confirmation.

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5. Fee & Charges

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1. Each Instant Payment transaction is subject to a total fee, which is displayed to you before the transaction is completed. By proceeding with a request, you confirm your acceptance of the total fee as presented.

2. The total fee is comprised of the following components:

   1. Transaction Fee – A standard platform fee applied to all transactions made through VunaPay, including but not limited to Instant Payments. This fee is tiered based on transaction amounts or usage levels.

   2. Facilitation Fee – A one-off charge for enabling early access to funds via the Instant Payment Service. It covers operational and administrative costs associated with disbursement.

   3. Interest Fee – A time-based charge calculated in proportion to the duration between the date of withdrawal and the cooperative’s agreed Payment Due Date.

3. The applicable rates for each fee component are outlined in the official VunaPay Fee Schedule, which is published on our platform and may be updated from time to time.

4. VunaPay does not charge any hidden fees. You will always be shown the total fee applicable to your transaction before confirming your request.

5. VunaPay reserves the right to adjust its fees periodically. Any changes will be reflected in the updated Fee Schedule and communicated through appropriate channels.

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6. Settlement and Repayment
 

1. At the end of the season, VunaPay shall recover the advanced amounts from payments due to farmers via the  Cooperative.

2. After recovering the advanced amount and applicable fees, the remaining balance will be disbursed to the farmer.

3. Where the cooperative fails to remit sufficient funds to cover the advance and fee:

   1. You remain liable for any shortfall;

   2. VunaPay may pursue recovery through other lawful means, including future proceeds, direct demand, or legal recourse.

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7. Payment Due Date​

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1. The Payment Due Date shall be determined jointly by VunaPay and your cooperative before the start of each season. This date will be used to determine the applicable facilitation fee.

2. Any change in the Payment Due Date will be communicated through SMS or in-app notification, and your fee liability shall adjust accordingly.

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8. Data and Communication

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1. By opting into the Service, you consent to VunaPay:

   1. Accessing and using your cooperative transaction history;

   2. Sharing necessary financial and identity information with your cooperative and Financiers;

   3. Retaining records of your transactions for regulatory, risk, and audit purposes.

2. All data collected is handled in accordance with the Data Protection Act, 2019 (Kenya) and our internal data protection protocols.

3. You consent to receiving communication from VunaPay via SMS or USSD notifications regarding:

   1. Transactional notifications via SMS or USSD;

   2. Updates to the Service and Terms via mobile communication;

   3. Automated reminders on repayments or seasonal activity.

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9. Liability

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1. VunaPay shall not be liable for:

   1. Delays caused by mobile network outages or errors by third-party service providers;

   2. Misstatements of Eligible Balance due to incorrect data from the cooperative;

   3. Force majeure events beyond our reasonable control.

2. Our total liability under these Terms shall not exceed the amount of the last Instant Payment disbursed to you.

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9. Termination and Opt-Out
 

1. You may opt-out of the Service at any time by dialing the designated USSD opt-out code or by contacting our customer support.

2. VunaPay reserves the right to suspend or terminate your access to the Service where:

   1. Fraudulent or unlawful use is detected;

   2. You default on repayment;

   3. System or operational risks necessitate suspension.

3. VunaPay reserves the right to modify the Service upon reasonable notice.

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10. Amendment of Terms​

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VunaPay reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of the changes.

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11. Dispute Resolution

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In the event of a dispute, the parties shall first attempt to resolve the matter amicably through negotiation.

1. If the dispute remains unresolved within 14 days, it shall be referred to arbitration under the Arbitration Act, 1995 (Kenya). The arbitration shall be conducted in Nairobi and in English.

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12. Governing Law​

 

These Terms are governed by the laws of the Republic of Kenya.
IN WITNESS WHEREOF, by clicking “Accept” or by initiating a withdrawal via the platform, you agree to these Terms and Conditions.

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