Terms of Use
Users can obtain lending financing services from Instant Mulla ("we," "us," or "our"). You accept these terms by using the Services, creating an account, logging in, or downloading and installing the Instant Mulla (collectively, the "Apps").
Before using the services or creating an account, you should carefully read these terms of use and consider whether they apply to your personal or financial circumstances. If you do not agree with these terms of use, you should stop using the services right once.
It is your responsibility to periodically check the content posted on the Apps in order to get timely notice of any changes made to these Terms of Use. Once any changes to these terms of use are published, you agree to the updated terms of use by continuing to use the services.
1.The provision of the services
You will be able to apply for the Services if you have registered and your account has been approved by us. You acknowledge and agree that these Terms of Use and the terms and conditions outlined in the Instant Mulla Credit Agreement shall apply to any lending financing services that we provide you, should that be your preference.
2.APPROPRIATION FOR THE SERVICES
When you apply for the Services or create an account, you represent and warrant to us that:
you are eighteen (18) years of age or older;
you have a current Zambian ID and are a resident of the Republic of Zambia; and
You acknowledge and undertake to fulfill any payment obligations resulting from the Services.
3.CREDIT CHOICES
Instant Mulla alone has the authority to decide whether to approve or deny credit and consumer financing services. You understand and agree that Instant Mulla shall not be liable in any way for the decision to grant or not grant credit, or for any consequences arising from such decisions, including, but not limited to, any financial loss or damage, denial of opportunities, or any other adverse effects. We are not required to give any justification for our credit decisions.
4.IDENTITY AND PROTECTION
You need to create an account in order to utilize the Services. During the registration process, you undertake to submit accurate, complete, and up-to-date information about yourself. You also commit to promptly update your account information as needed to maintain accuracy, up-to-dateness, and completeness. It is your responsibility to protect the privacy of your password and account information, as well as to limit access to the devices you use to access the Apps and Services. By using your account or password, you consent to being accountable for all actions taken.
5.Charges and Disbursements
The Instant Mulla Credit Agreement specifies the rates for the Services as well as any extra charges, like late penalty APR. Any and all fees and costs related to the Services are your responsibility.
6.ACCESSIBLE VIA APPS FROM THIRD PARTIES
When the Services are made available through other platforms, apps, or services—including but not limited to Instant Mulla—these Terms of Use also apply. You represent and warrant that your use of the Services on or through such other applications, platforms, or services complies with any applicable terms and conditions of those applications, platforms, or services. By accessing or using the Services through such other applications, platforms, or services, you agree to be bound by these Terms of Use.
7.APPLICATION OF THIRD-PARTY SUPPLIER
Instant Mulla may work with outside contractors, agents, or service providers to help deliver the Services or handle jobs on our behalf. By using the Services, you understand and consent to the possibility that these third-party service providers will have access to account information, personal information, and other data as needed to carry out their services for Instant Mulla. You also understand and agree that Instant Mulla is not liable for any deeds or inaction on the part of these third-party service providers, so long as Instant Mulla has made a good faith effort to choose reliable service providers and guarantees that they will handle your information in accordance with our privacy policy and any law that may be relevant.
8.DATA PROTECTION AND PRIVATE USE
We value the privacy that you own. Your personal information will be handled by us in compliance with our Privacy Policy, which is referenced and included into these Terms of Use. You agree to the collection, use, and dissemination of your personal information in line with our privacy policy by using the Services, acknowledging that you have read and understand our privacy policy.
9.AGREEMENT TO PRODUCE PERSONAL DATA
You explicitly agree to Instant Mulla collecting, using, storing, and processing your personal information in accordance with our Privacy Policy when you use the Services and give us your personal information. You are aware that, in order to provide the Services, improve your user experience, and abide by applicable laws and regulations, we may share your personal information with third parties, as detailed in our Privacy Policy. You attest that you have read, comprehended, and accept the terms of our Privacy Policy, which is incorporated by reference into these Terms of Use, by creating an account or using the Services.
10.ASSENT TO ACTIVITIES OF COLLECTION
By using the Services and agreeing to the terms of the Instant Mulla Credit Agreement, you understand and agree that, in the event of any default or failure to repay any amounts owed to us, Instant Mulla may pursue collection actions in compliance with the terms of the Instant Mulla Credit Agreement as well as any applicable laws and regulations. Collection actions could involve calling, emailing, texting, or using other forms of communication to get in touch with you; hiring outside collection agencies; and notifying local credit reporting agencies of any defaults or delinquencies. Additionally, you consent to Instant Mulla contacting the references you listed on your application for the Services in order to help with information verification or collection efforts. You also agree to supply correct and current contact information for the purpose of collection actions, and to collaborate with Instant Mulla and any third-party collection agencies in settling any outstanding balances or disputes.
11.REPORTS AND CLIENT ASSISTANCE
We are dedicated to provide top-notch services and promptly and effectively handling any complaints or issues you may have. You can email our customer support staff at assistance@instant-mulla.com with any complaints or concerns you may have about the Services or any part of your experience with Instant Mulla. We will respond to your complaint as soon as we receive it and work to find a timely solution. Please include any supporting documents or information that can help us resolve the issue, along with a thorough description of your complaint or concern, in your email.
12.Electronic communications and consent from other parties
You agree to receive electronic messages from Instant Mulla, including notifications, confirmations, disclosures, and other information about your account, transactions, and usage of the Services, by using the Services and giving your email address and/or cellphone number. You acknowledge that any legal requirement that these communications be in writing is satisfied by all agreements, notices, disclosures, and other communications we send to you electronically.
13.HYPERLINKS TO OTHER WEBSITES
Links to websites, services, or resources operated by third parties may be found in the App or Services. You acknowledge and agree that Instant Mulla shall not be liable for any loss or damage resulting from your use of or reliance on any such third-party websites, services, or resources. Instant Mulla is not responsible for the availability, accuracy, or content of such third-party websites, services, or resources.
14.ADVERTISEMENTS AND RECOMMENDATIONS
In relation to the Services, Instant Mulla may occasionally run specials, referral schemes, or other incentives. Additional terms and conditions that apply to these promotions, referral programs, and incentives will be explained to you in conjunction with the relevant promotion, referral program, or incentive. By taking part in any such incentive, referral program, or promotion, you accept that the terms and conditions that apply will apply.
15.RIGHTS TO INTELLECTUAL PROPERTY
Instant Mulla or its licensors control all intellectual property rights in the App, the Services, and any materials, content, or information that we supply. Without our prior written authorization, you agree not to duplicate, reproduce, modify, distribute, or create derivative works from any content or materials provided by us. You further agree that you have no rights, title, or interest in or to any such intellectual property.
16.SUSPENTION AND TERMINATION
At any time and for any reason, including but not limited to if we believe you have violated these Terms of Use or have participated in any fraudulent or unlawful behavior, we may, at our sole discretion, terminate or suspend your account and access to the Services. You can close your account at any moment by sending us a formal notice. You will no longer be able to use the Services after termination, and you will need to remove the App from your devices right away. Any accrued monies owing or other liabilities you have incurred to us will remain unaffected by any such termination by you.
17.LIMITATION AND DISCLAIMER OF LIABILITY
The Services are offered "as is" and "as available" with no express or implied warranties, to the fullest degree allowed by applicable law. Instant Mulla makes no guarantees on the availability, accuracy, or total security of the Services. Even if Instant Mulla has been informed of the possibility of such damages, in no case will it be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the Services. This includes Instant Mulla and its officers, directors, employees, agents, licensors, or suppliers.
18.REIMBURSEMENT
In the event that you use the Services in violation of these Terms of Use, or if you violate any applicable laws, regulations, or third-party rights, you agree to indemnify, defend, and hold harmless Instant Mulla, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees).
19.Changes to the Terms of Use
These Terms of Use are subject to change at any time, at our sole discretion, and we retain the right to do so. Any modifications to these Terms of Use will take effect right away when they are posted on the Apps or you are notified using the contact details you have supplied. It is your responsibility to check for updates to the Terms of Use and to remain up to speed on any modifications. Any changes or amendments to these Terms of Use that are posted will be automatically accepted by you if you continue to use the Services. You should remove the Apps from your devices and stop using the Services right once if you disagree with the updated Terms of Use.
20.WORKSHEET
Without our prior written agreement, you are not permitted to assign, transfer, or delegate any of your rights or duties under these Terms of Use. Without your permission, we may assign, transfer, or delegate all or part of our rights and duties under these Terms of Use to any affiliate or in connection with a merger, acquisition, asset sale, or other business transaction.
22.FORMAL WAIVER PROVISIONS
Any provision of these Terms of Use may not be waived unless the party seeking to enforce it signs and documents the waiver in writing. No right or provision of these Terms of Use shall be deemed waived by the inability of any party to exercise or enforce such right or provision.
23.SEVERABILITY
The remaining provisions of these Terms of Use shall remain in full force and effect in the event that any provision is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable. The invalid, illegal, or unenforceable provision shall be deemed to be replaced by a valid, legal, and enforceable provision that most closely embodies the parties' original intent.
24.THE WHOLE AGREEMENT
These Terms of Use supersede all previous or contemporaneous communications, agreements, or understandings, whether written or oral, pertaining to the subject matter hereof, and comprise the entire agreement between you and Instant Mulla with respect to the Services, together with the Instant Mulla Credit Agreement, Privacy Policy, and any other policies or guidelines referenced herein.
25.NOTHING TO DO WITH THIRD PARTIES
These Terms of Use do not confer any rights or remedies upon any person or entity other than you and Instant Mulla, unless specifically stated in these Terms of Use. There are no third-party beneficiaries to these Terms of Use.
26.SUMMARY
These Terms of Use's titles are merely for convenience and have no bearing on how any of its provisions are interpreted or constructed.
27.NOTICES
Any written notices or other communications required or authorized by these Terms of Use shall be sent to the addresses or email addresses provided by each party during the account registration process, or as updated by either party from time to time, and shall be deemed given when delivered personally, sent by registered or certified mail (postage prepaid, return receipt requested), or sent by email (with confirmation of receipt).
28.GOVERNMENT LAW AND MEDIATION OF DISPUTES
The laws of the Republic of Zambia shall govern and be applied to the interpretation of these Terms of Use and any issues arising out of or related to them or the Services. The Republic of Zambia courts shall have exclusive jurisdiction over any dispute, controversy, or claim arising out of or relating to these Terms of Use or the Services.