Effective date: June 27, 2025
This Agreement sets out the complete Terms and Conditions (hereinafter referred to as “Terms and Conditions”) which shall be applicable to your account (as hereinafter defined) as opened with Finberry Capital Limited through our Berry App (as hereinafter defined).
These Terms and Conditions & polices govern the use of our CREDIT SERVICES, it is crucial that you read and understand them. By downloading, installing and accessing the BERRY APP and our Services, you indicate that you have read, understood and agreed to be bound by these Terms
and Conditions.
These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
“Account” means your Loan account as maintained with Finberry Capital Limited on the mobile application (Berry Mobile App);
“Berry App” means the software application which is downloaded and/or installed on the Customer’s mobile phones for availing the credit facility services contemplated herein.
“Berry loan System” means the Lenders electronic lending and communication software enabling the Customer to communicate with the Lender for the purpose of accessing the Services;
“Credit Reference Bureau” means a credit reference bureau duly licensed and registered under the Banking Act pursuant to the Credit Reference Bureau Regulations 2020 as amended from time to time collect and facilitate the sharing of customer credit information;
“Customer” means a person whose has subscribed to the Berry App offered by Finberry Capital Limited and whose name is registered in the Berry loan system with valid identification details and a registered mobile phone number;
“Due Date” means the day that the Total Loan amount, being the principle and interest, shall be due for repayment being thirty (30) calendar days from the date of disbursement of the Loan, and on any other such consecutive day for Facilities with a repayment period exceeding thirty (30) days;
“Interest” is a fixed amount charged on loan disbursed and is a fixed percentage of the Loan Amount;
“Late Payment Charge” means, If you fail to pay your Total Payable Amount related to any Loan on the due date, you will be required to pay to Berry, in addition to the related Total Payable Amount, the Late Payment charge with respect to such Loan ;
“Lender” means Finberry Capital Limited incorporated in Kenya as a limited liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and Trading as Berry and having its principal place of business at Magnate Centre, Lantana Road, Westlands and P.O. Box 74937-00200 Nairobi Kenya;
“Loan Limit” means the maximum pre-approved loan amount that a Customer can borrow on the Berry App
“Loan” means a loan disbursed electronically by Berry loan system to a Customer M-PESA account, electronic wallet account (“E-Wallet”) or to any other available payment option selected by the Customer upon a Customer’s request.
“Loan Request” means a request or instruction received through the Customers number by the Lender through a Mobile Network Operator and the Berry Loan System and upon which the Lender is authorized to act;
“Mobile Money” means the money transfer and payments service operated by the Mobile Money Providers in Kenya;
“Mobile Money Account” means your mobile money store of value, being the record maintained by Mobile Money Providers in Kenya of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System;
“Mobile Network Operator” means a mobile network operator in Kenya registered with the Communications Authority of Kenya;
“Mobile Device” means and shall include your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Berry Loan System and use the products and services availed to you by the Mobile Network Operators subject to such term and conditions agreed between you and the Mobile Network Operators;
“Mobile Money Provider” means a Mobile Network Operator that has been duly authorized bythe Central Bank of Kenya under applicable law to offer Mobile Money Services in Kenya;
“Service” means and shall include any form of Loan, payment solution, transfer service, or Request that the Lender may offer you pursuant to this Agreement as you may from time to time subscribe to, and “Services” shall be construed accordingly;
“User Credentials” means your personal credentials used to access the Berry Loan mobile application, place requests and access the services;
Interpretation
Before applying for the Service you should carefully read and understand these Terms and Conditions which will govern the provision, use, operation and management of the Service.
The customer accepts and acknowledges that this is a legal and binding agreement on the customer and his or her personal successors.
If you do not agree with these Terms and Conditions, please do not proceed with the registration process.
You will be deemed to have read, understood and accepted these Terms and Conditions:-
By applying to access the Service with the Lender 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 Service and you affirm that these Terms and Conditions herein are
without prejudice to any right that the Lender may have with respect to the Service in law or otherwise.
These Terms and Conditions may be amended or varied by the Lender from time to time and the continued use, access, enjoyment of the Service constitutes your agreement to be bound by these terms and conditions or any such amendment, addition, deletion or variation.
You acknowledge and accept that the Lender offers the Service only by electronic means via the Berry App.
By using the Berry App, you consent to us collecting and using technical information about the Mobile Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the Berry Loan Systems.
You have the right to seek independent legal counsel in order to fully understand the implications and potential consequences of agreeing to these Terms and Conditions prior to clicking the “Accept” button.
You hereby agree and authorize the Lender to verify information provided by you to the Lender against the information held by the Mobile Money Providers in relation to your Mobile Money Account pursuant to the agreement between you and the relevant Mobile Money Provider for the provision of its products and services and the Mobile Money Service.
The information that the Lender may verify against the information held by the Mobile Money Providers includes (without limitation): your phone number, name, date of birth, Identification Number (“ID”) or Passport Number and any other such other information that will enable the Lender to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).
You hereby agree and authorize the Lender to verify 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 services providers relating to your use of the Mobile Money Service and such other information as the Lender shall require for purposes of providing you the Services (the “Relevant Information”).
You hereby consent to the Lender verifying the Personal Information and the Relevant Information with the Mobile Money Providers and using of the Personal Information and the Relevant Information to the extent necessary in the opinion of the Lender to provide you with the Services.
You hereby agree and authorize the Lender to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider and you further agree and consent to the disclosure and provision of such Personal Information by the Mobile Money Provider and further to indemnify and hold the Lender and the Mobile Money Provider harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
The Lender reserves the right to request for further information from you pertaining to your request for a Loan, Service or to access the Berry Loan System at any time. Failure to provide such information within the time required by the Lender may result in the Lender declining to accept your request.
You shall at your own expense provide and maintain in safe and efficient operating order your Mobile device necessary for the purpose of accessing the Berry Loan System and the Services.
You shall be responsible for ensuring the proper performance of your Mobile device. The Lender shall neither be responsible for any errors or failures caused by any malfunction of your Mobile device and nor shall the Lender be responsible for any computer virus or
related problems that may be associated with the use of the Berry Loan System, the Services and the Mobile device. You shall be responsible for charges due to any service provider providing you with connection to the Berry Loan System and the Lender shall not be responsible for losses or delays caused by any such service provider.
You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by the Lender concerning the use of the Berry Loan System and the Services.
You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Mobile device and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorized person. The Lender shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold the Lender harmless from any losses resulting from any disclosure of your Credentials.
You shall take all reasonable precautions to detect any unauthorized use and access of the System and the Services undertaken using your Mobile device. To that end, you shall ensure that all communications from the Lender 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 Berry Loan System will be detected. You shall immediately inform the Lender in the event that:
You shall at all times follow the security procedures notified to you by the Lender from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Personal Information, Relevant Information and such other information held by the Lender in connection to the Services and Requests made by you to the Lender in 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 you or a person authorized by you to do so.
You shall not at any time operate or use the Services in any manner that may be prejudicial to the Lender.
You acknowledge that the Lender shall appraise your loan request according to the Lender’s loan appraisal and vetting processes and that the Lender reserves the right, at its sole discretion, and without assigning any reason to approve or decline your application for a loan.
Subject to approval of your loan request , the Lender shall lend and disburse to you an amount to be determined by the Lender in its sole discretion subject to a minimum amount of Kenya Shillings Five Hundred (KShs 500.00/=) only and a maximum amount Kenya Shillings One hundred Thousand (KShs 100,000.00/=) only or the Customer’s advised Credit Limit.
The proceeds of the Loan shall be credited into either your M-PESA Account, E-Wallet or any other option availed by the Lender which you select.
In consideration of the Lender granting you the Loan, you shall pay an Interest, Service fee and excise duty for the provision of the Service and or availing of the loan as detailed in the Mobile app loan cost breakdown which is always displayed before accepting the loan.
You shall make payments due from you to the Lender in respect of the Loan on the Repayment Date using ‘Lipa Na MPESA’ service ONLY to the Number 977888 unless otherwise agreed and advised by the Lender in its discretion.
You shall pay to the Lender only the interest and excise duty incurred by the Lender in complying with your loan request.
You hereby expressly give consent to the Lender to recover all monies due that you will not have settled on the Due Date through an internal or external debt collector.
The Lender reserves the right to vary the terms of the Loan including the Interest Fee and Transaction Fees payable thereon from time to time and shall be communicated within a reasonable time frame (For new loans but this does not affect loans already issued) The borrower will be clearly advised via the mobile app on the full terms and charges of the loan in advance (before accepting the loan) and such terms shall not be varied during the term of the loan.
The Customer shall not at any one point delete or disable the Mobile Application from their mobile phones as long as an active loan is still subsisting and running.
The Customer shall ensure that the mobile application is not used for any purpose which is illegal or which is not authorized under these terms and conditions.
The Customer agrees and undertakes to be responsible for keying in the correct log in credential details, their Mobile phone number and the loan amount requested and the Lender shall not in any way be liable for any erroneous transactions incurred.
The lender commits to ensuring the accuracy of transaction statements, maintaining meticulous transaction records with customers, and securely storing customer details. Furthermore, the lender assumes full responsibility for rectifying any errors stemming from its actions, thereby indemnifying customers against any liability arising from such erroneous transactions.
The Customer further undertakes to exercise a reasonable duty of care to ensure the Mobile Application is not accessed by unauthorized persons through the Customer’s mobile phone.
The Lender shall not be liable and/or under any obligation to refund any monies lost in cases of any security breach occasioned by the negligence of the Customer in protecting their credential details or the collusion of a Customer, solely or jointly with a third party, with the intention to defraud the Lender.
Any addition, alteration, modification or deletion to these Terms and Conditions which may be made from time to time by the Lender and of which notice may be given to you by way of Short Messaging Service or such other method that the Lender shall adopt and use to communicate with you shall be binding upon you as fully as if the same were contained in these Terms and conditions.
You hereby undertake to notify the Lender immediately of any situation circumstance or event which materially changes the provision, use, operation and management of the Loan, Services or your access to the Berry Loan System.
If the Lender holds any money or you have a credit balance with the Lender at any time as a result of overpayment of your Loan, you may issue a Request to the Lender for payment of such credit balance and the Lender will return any such balance to you, less any applicable fees, provided that such amount falls above the minimum transfer amounts specified by the relevant Mobile Money Provider. Since there exists no way of preventing a customer from making an overpayment via the paybill from the technology provider-Safaricom, the currently available method is availing the overpayment to the customer immediately after they have made a payment.
Hereby expressly authorize the Lender to solicit, query, search, conduct, carry out and perform credit checks with, and/or obtain the Customer’s credit information, or such other information, from any or all licensed Credit Reference Bureaus, with respect to this Agreement, and/or the Lender maintaining a Loan for you.
Hereby expressly consent, allow and authorize the Lender to disclose, advice, exchange and communicate the details pertaining to your Loan to Credit Reference Bureaus (CRBs) and other Credit Providers.
Authorize the Lender to obtain any information that it may require relating to the Loan from credit providers, and from any other source to which the Lender may apply, each source being hereby authorized by you to provide the Lender with such information.
The Lender will endeavor to do its utmost to ensure that there are no delays or failures in offering the Loan. However, the Lender shall not be liable for any loss suffered by you due to, as a result of, or in connection with failures that may arise as a result of inefficiencies caused by the Mobile Network Operators or which are occasioned by strikes, riots or civil unrest, breakages, fire, unforeseen commercial delays, acts of God or permission requirements or licenses that are required from Mobile Network Operators.
You hereby expressly consent to waive any claim against the Lender for delays or failures to offer the Loan, Service or respond to any Request made by you due to any or all of the causes and events mentioned in clause 6.1 above.
The CUSTOMER shall not;
Use the Mobile application for other purposes other than request for, receive and repay loans advanced to them by Finberry Capital Limited.
Impersonate any person or entity, access other Customer’s Mobile Applications without their permission or perform any other fraudulent activity against any other Customer(s).
Use the Mobile Application and its services or request for a loan for any illegal purpose or in violation of any local legislation or international law including but not limited to any laws governing intellectual property, data protection money laundering, illegal gambling activities, terrorism and tax laws.
Use any automatic device or manual process to monitor or copy the Mobile Application Services and information without the prior consent and permission from the Lender.
Make unsolicited offers, advertisement and proposals or send junk mail or spam to other Customers or the Service Provider.
Refuse to co-operate in an investigation either with the Lender or any other competent authority.
Remove, circumvent, disable, damage or otherwise interfere with the Mobile Application.
The Lender shall not be obliged to advance the Loan or, where the Loan has been advanced, may demand immediate payment of all amounts owed under this Agreement in the event that:
The Lender shall at any time, upon giving a thirty (30) day written notice to you, terminate or vary its business relationship with you and cease to offer you the Services and in particular but without prejudice to the generality of the foregoing the Lender may cancel
the Loan Limit which it has granted and require the repayment of outstanding debts resulting from such loans within such time as the Lender may determine.
Without prejudice to the Lender’s rights under clause 9.1, the Lender may, upon giving a thirty (30) day written notice to you, at its sole discretion suspend or close your access to the Services and the Berry Loan System where:
The Lender agrees to indemnify and hold harmless the Borrower from and against any charge, damage, expense, fee or claim which the Borrower suffers arising out of or in connection with any violation by the Lender, of the terms and conditions policies or guidelines set forth by the Lender that directly affects the Borrower.
The Borrower agrees that In consideration of the Lender complying with his/her instructions or Requests made through the Borrower’s device or any software and in relation to providing the Services, the Borrower undertakes to indemnify the Lender and hold it harmless against any loss, charge, damage, expense, fee or claim which the Lender suffersor incurs or sustains thereby and the Borrower absolves the Lender from all liability for loss or damage which the Borrower may sustain from the Lender acting on his/her instructions or requests or in accordance with these Terms and Conditions.
Notwithstanding the Clause 10.1 and 10.2 above, neither party shall be liable for delay or failure to perform an obligation to the extent that the delay or failure is caused by an occurrence beyond the party’s reasonable control. If any such event occurs, the affected party will give prompt written notice to the other party.
The Borrower shall not be liable to the Lender for instances where the Lender’s software applications in relation to providing the services becomes unavailable, inaccessible, or not performing, functioning, or operating as expected due to interruptions, disruptions, or damages that are beyond either Party’s control provided that the Borrower shall exercise reasonable diligence to alert the Lender should he/she face any challenges to allow the Lender to minimize the impact of such event so as to avert or prevent any loss.
Finberry Capital Ltd (and its directors and officers) acknowledge that it may have access to confidential information belonging to you, including but not limited to personal, financial and transactional data, as such Finberry agrees to treat all Customer Information as strictly confidential and to take reasonable measures to safeguard this information from unauthorized access, use or disclosure.
The Lender shall send information concerning the Loan or Services via in-app notifications, telephone call and Short Messaging Service (SMS) to you through your Mobile Number, registered with a Mobile Network Operators, associated with your Loan or Service and registered on the Berry Loan System.
You acknowledge that you have no claim against the Lender for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the Loan or Services.
Any dispute arising out of or relating to this Agreement, or the breach, termination or validity thereof (a Dispute) will be settled in accordance with the procedures set forth herein.
Disputes
Arbitration
Nothing in this clause 13 shall restrict either Party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.
This Agreement shall be governed by the laws of Kenya and the parties agree to submit disputes arising out of or about this Agreement to the courts in Kenya.
This Agreement constitutes the entire understanding between the Parties relating to the subject matter herein unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, promises, arrangement, correspondence negotiations or understandings whether oral or written, of any Party to this Agreement.
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
No failure by the Lender 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.
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.
Finberry Capital upholds the importance of protecting the privacy of all information provided by users of the Berry App. We use your Personal Data and relevant information in accordance with our Privacy Policy, our Privacy Notice and the Data Protection Act, 2019 Kenya. Kindly take time to read our Privacy Notice as it includes important information on how we collect, use, store, protect and share your Customer Information. Copy of the Privacy Notice can be accessed on our Berry App and the Lender website.
