Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the TengaSale platform, including the customer payment portal, merchant dashboard, and any associated services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.

TengaSale is a smartphone financing platform operating in Malawi. The Platform enables merchants to offer device financing to customers through structured instalment contracts, and enables customers to access, manage, and repay those contracts.

If you do not agree to these Terms, do not use the Platform.

2. Use of the Platform

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform in any way that violates applicable Malawi law or regulation, or that could damage, disable, or impair the Platform or interfere with other users.

You must not:

• Provide false, misleading, or fraudulent information at any point during the application or repayment process;
• Attempt to circumvent KYC or identity verification procedures;
• Use the Platform to facilitate money laundering, fraud, or any other unlawful financial activity;
• Share access credentials with unauthorised third parties;
• Attempt to access data or system areas for which you have not been granted authorisation.

3. Eligibility

To use the Platform as a customer, you must:

• Be a resident of Malawi;
• Hold a valid Malawi National ID;
• Be at least 18 years of age;
• Have a registered mobile money account (Airtel Money or TNM Mpamba) or an approved alternative payment method;
• Meet any additional eligibility criteria applied by your merchant or TengaSale's underwriting process.

Merchants must be registered business entities or sole traders operating lawfully in Malawi and must complete the TengaSale merchant onboarding process.

4. Repayment Obligations

When a financing contract is approved, you are obligated to make repayments in accordance with the schedule issued at the time of contract creation. Repayments must be made by their due dates using an approved payment channel.

Failure to meet scheduled repayments constitutes a default under your contract. TengaSale and its merchant partners reserve the right to pursue outstanding balances through available legal and contractual remedies, which may include restrictions on continued device use where device management technology is enabled.

Early repayment is permitted and encouraged. Early settlement discounts are applied automatically at the rates stated in your contract. See the Payment Terms for full details on repayment allocation and early settlement.

5. Customer Responsibilities

As a customer, you are responsible for:

• Providing accurate and complete identity and contact information during the application process;
• Maintaining your registered mobile money account and keeping it available for payment;
• Keeping your contract number, PayG number, and access credentials secure;
• Notifying your merchant or TengaSale promptly if you believe your contract has been compromised or if you are unable to make a scheduled payment;
• Retaining proof of payment for all transactions made through the Platform;
• Returning or surrendering the financed device if required under the terms of your contract upon default.

6. Merchant Responsibilities

Merchants are responsible for ensuring that customer applications submitted through the Platform are accurate and complete. Merchants must not submit applications on behalf of customers without the customer's informed consent.

Merchants are responsible for KYC document collection at the point of sale, including obtaining and retaining copies of required identity documents in accordance with applicable regulations. Merchants must maintain the confidentiality of customer data accessed through the Platform.

Merchant access to the Platform is subject to the Merchant Terms, which form part of these Terms by reference.

7. Payment Processing

Payments made through the Platform are processed via integrated mobile money providers and payment gateways. TengaSale does not guarantee the real-time processing of payments where delays are caused by the underlying payment provider, network issues, or mobile money system outages.

Payments are allocated against your contract balance in accordance with the Payment Terms. If a payment is received but not reflected in your contract within 24 hours, contact TengaSale support with your payment reference.

8. Device-Related Controls

For contracts where device management controls are enabled, failure to maintain repayments may result in restrictions being applied to the financed device's functionality. These controls are disclosed at the time of application and form part of the contract terms.

Device controls will be lifted upon full payment of the outstanding contract balance. TengaSale is not liable for losses arising from device restriction where such restrictions have been applied in accordance with the terms of the contract.

9. Default and Collections

A contract is considered in default when payments are more than the number of days overdue as specified in the individual contract terms. TengaSale and its merchant partners reserve the right to pursue overdue amounts through the following measures, among others:

• Communication with the customer via their registered contact details;
• Escalation to the originating merchant for resolution support;
• Referral to a collections agent or legal proceedings where other remedies have been exhausted;
• Reporting of default to applicable credit reference systems where such reporting is applicable in Malawi.

10. Limitation of Liability

To the maximum extent permitted by Malawi law, TengaSale and its officers, directors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.

TengaSale's total liability to you for any claim arising out of or related to these Terms shall not exceed the total amount paid by you through the Platform in the 90 days preceding the claim.

11. Changes to Terms and Service

TengaSale reserves the right to modify these Terms at any time. Changes will be posted to this page with an updated date. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.

TengaSale also reserves the right to modify, suspend, or discontinue the Platform or any part of it at any time, with or without notice.

12. Governing Law

These Terms are governed by the laws of the Republic of Malawi. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Malawi.

13. Contact Information

If you have questions about these Terms, contact TengaSale at:
support@tenga.africa