1. DEFINITIONS AND INTERPRETATION
1.1 Terms Used in this agreement shall have the following meanings:

“Agreement” - the offer, read together with the terms and conditions, the completed electronic application form and the Zaako privacy policy.

“Account” -means your account with Zaako.

“Borrower”, “you or “your” - means the consumer as fully set out in this agreement.

“Business Day” - means a day other than a Saturday, Sunday or national holiday or any other day gazette as a public holiday in Zambia.

“Credit Advance” - means a loan or salary advance provided by Zaako.

“Credit Provider, “we” or “Us” - means Bumi Capital Services, a limited liability company incorporated under the Laws of Zambia, trading as Zaako in Zambia.

“Equipment” - includes your mobile phone handset, SIM Card and/or other equipment which when Used together enables you to access the Network.

“Force Majeure” - means events, circumstances or caUses beyond reasonable control which make the performance of the obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to epidemics, disease, acts of God, war, acts of terrorism, strikes or labor disputes, embargoes or governmental orders.

“Loan” - means the principal amount of the loan granted or to be granted by Zaako to you under this Agreement from time to time through the Zaako System and/or App or (as the context requires) the principal amount outstanding, including any accrued fees and/or charges for the time being of that Credit Advance.

Mobile Money Account” - means your mobile money store of value, being the record maintained by Mobile Money Providers in Zambia of the amount of E-Money from time to time held by you in the Mobile Money Provider's System.

“Mobile Money” - means the money transfer and payments service operated by the Mobile Money Providers in Zambia.

“Mobile Money Service” -means the money transfer and payments service provided by the MobilUse Money Providers through the Mobile Money System.

“Mobile Money System” - means the system operated by the Mobile Money Providers in Zambia for the provision of the Mobile Money Service.

“Mobile Network Operator” or “Mobile Money Provider” - means a mobile network operator registered with the Communications Authority of Zambia.

“Network” - means a mobile cellular network operated by a Mobile Network Operator.

“Personal Information” - means your phone number, name, date of birth, identification number or passport number and such other information that will enable Us to identify you and comply with the regulatory "Know Your CUstomer" requirements.

“Privacy Policy”- means the Zaako privacy policy 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 services providers relating to your Use of the Mobile Money Service and such other information as We shall require for purposes of providing the Services.

“Request” - means a request or instruction received by Zaako from you, your Equipment, or purportedly from you through the Network, mobile phone and the System and upon which Zaako is authorized to act.

“Services” - shall include any form of services or products that Zaako may offer you pursuant to this Agreement and as you may from time to time subscribe to and "Service" shall be construed accordingly.

“SIM Card” - means the subscriber identity module which when Used with the appropriate mobile phone handset enables you to access the Network and to Use the Mobile Money Account.

“SMS” - means a short message service consisting of a text message transmitted from your mobile phone to another.

“System” - means electronic communications software enabling you to communicate with Zaako for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through a Mobile Network Operator's System.

“Technology” - means services Used or supported by the App.

“Technology Service Fee” or “Service Fee” - includes any fees and charges payable for the Use of the Services including fees associated with the Credit Advance. Service Fees are subject to change at any time at our sole discretion.

“Terms and Conditions” - refer to this User Agreement together with Zaako Privacy Policy and the Credit Advance offer pages.