Legal & Privacy Center

1. Terms of Service

By accessing zestracapital.org or using our services, you agree to these Terms of Service. If you do not agree, do not use our services.

1.1 Eligibility & Accounts

• You must be at least 18 years old and capable of entering into a binding contract.
• Account details must be accurate and kept up to date. You are responsible for maintaining confidentiality of your login credentials.

1.2 Purchases & Payments

• Prices are displayed in KES and may change without notice.
• Payments can be made via M-PESA or other channels we provide. Transaction fees may apply.
• For hire purchase, a deposit is required; subsequent instalments follow your agreed schedule.

1.3 Hire Purchase Agreements

Financed products are governed by a separate, legally binding Hire Purchase Agreement (HPA) with your payment plan, ownership terms, default remedies, repossession rights (where applicable), and device locking provisions. You must sign the HPA before device collection or delivery.

1.4 Delivery & Installation (Appliances)

• Delivery timelines are estimates. We will notify you of delays.
• Large appliances may require installation. You are responsible for a safe installation environment and any necessary permissions.
• Risk of loss passes upon delivery/installation to your address; title transfers upon full payment (unless stated otherwise in your HPA).

1.5 Device Security Technology

Financed smartphones and select appliances may be secured with lock software or IoT modules for default management and asset protection. See Privacy for data handling.

1.6 Acceptable Use

• No unlawful activities or attempts to bypass device locks or tamper with IoT hardware.
• No reverse engineering, resale without consent, or misuse of our systems.

1.7 Returns, Refunds & Warranty

See Warranty & Returns for details, including DOA (dead on arrival) timelines and claim steps.

1.8 Third-Party Services

We may integrate with payment processors, logistics providers, analytics tools, and device security vendors. Their terms may apply.

1.9 Suspension & Termination

We may suspend or terminate accounts for violation of these Terms, fraud, or misuse.

1.10 Limitation of Liability

To the maximum extent permitted by law, Zestra Capital is not liable for indirect or consequential damages arising from your use of the services.

1.11 Changes to Services

We may modify or discontinue features with notice where reasonably possible.

1.12 Governing Law

These Terms are governed by the laws of the Republic of Kenya.

2. Privacy Policy

We are committed to protecting your privacy and handling your data responsibly in line with applicable laws, including Kenya’s data protection framework.

2.1 Data We Collect

• Identity & Contact: Name, National ID, phone, email, address, KRA PIN.
• Financial & Transaction: M-PESA numbers, payment history, balances.
• Agent Onboarding: Work history, references, next of kin.
• Device Security: For financed items, device identifiers, lock status; selected appliances may transmit limited telemetry (e.g., last contact time, tamper alerts, last known location) strictly for security and recovery in default scenarios.
• Technical: IP address, browser, pages visited (via cookies/analytics).

2.2 How We Use Data

• To process applications, deliver products, manage accounts, and collect payments.
• To prevent fraud, manage default, and protect our assets.
• To pay agent commissions and manage inventory and sales.
• To improve our website, products, and customer experience.

2.3 Legal Bases

• Contract: Provide financing and fulfil purchases.
• Consent: Marketing communications and certain analytics/cookies.
• Legitimate Interests: Fraud prevention, service improvement, asset protection.
• Legal Obligation: KYC/AML and statutory record keeping.

2.4 Sharing Your Data

• Payment processors, logistics/installation partners.
• Device lock/security vendors for financed items.
• Customer support tools and analytics providers.
• Law enforcement or regulators when legally required.

2.5 Retention

We retain data only as long as necessary for the purposes above and to satisfy legal/accounting requirements.

2.6 Your Rights

• Access, correction, deletion (subject to legal exceptions).
• Object to or restrict processing in certain cases.
• Withdraw consent (e.g., marketing) at any time.
• Portability for certain data provided by you.

To exercise your rights, email privacy@zestracapital.org. We may verify your identity.

2.7 Security

We use administrative, technical, and physical safeguards (e.g., access controls, encryption in transit, least-privilege access). No method is 100% secure, but we strive to protect your information.

2.8 Children

Our services are not directed to persons under 18. We do not knowingly collect data from children.

3. Cookie Policy

We use cookies to enhance your experience, analyze traffic, and remember preferences.

3.1 Types of Cookies

• Strictly Necessary: Core site functionality.
• Performance/Analytics: Understand usage and improve services.
• Functional: Remember preferences.
• Marketing: Measure campaign performance.

3.2 Examples

3.3 Managing Cookies

You can manage cookies in your browser and via our Cookie Settings. Disabling some cookies may impact functionality.

4. Agent Policy

This policy governs all Zestra Capital field agents.

4.1 Onboarding Requirements

• Valid ID, KRA PIN, recent photo.
• Two guarantors or equivalent security (as advised).
• Signed Agent Agreement and Code of Conduct.

4.2 Sales & Systems

• All sales (cash or hire purchase) must be recorded in the official ZESTRA system.
• Stock allocated to agents remains company property until sold and reconciled.

4.3 Commissions & Payouts

• Commission varies by product; paid via M-PESA on daily/weekly cycles once verified.
• Adjustments may apply for returns, fraud, or policy breaches.

4.4 Conduct & Confidentiality

• Zero tolerance for fraud, device tampering, or data misuse.
• Confidentiality of pricing, methods, and customer data is mandatory.

4.5 Misconduct & Remedies

• We may reclaim stock, withhold commissions, terminate engagement, and pursue recovery.
• Appeals can be made in writing to the Admin/HR within 7 days of notice.

5. Responsible Lending

• We assess affordability based on disclosed income/expenses and repayment history.
• We may decline applications where repayment risk is high.
• We provide clear schedules and total cost of credit before you commit.
• We encourage early repayment and provide statements on request.

6. Warranty & Returns

6.1 Dead on Arrival (DOA)

If your product is DOA (no physical or liquid damage) within 7 days of delivery, we will repair, replace, or refund as per supplier policy.

6.2 Manufacturer Warranty

Most devices include a manufacturer warranty (typically 12 months). Claims follow the manufacturer’s process.

6.3 Exclusions

• Physical/liquid damage, unauthorized repairs or software modifications.
• Tampering with security seals or IoT modules.

6.4 Returns Process

1. Contact support with proof of purchase and issue description.
2. We assess and guide you to a service center where applicable.
3. Resolution provided per inspection outcomes.

7. Security & Data Requests

Report security issues to security@zestracapital.org. For privacy/data subject requests, email privacy@zestracapital.org.

7.1 Requests We Handle

• Access to your data, corrections, deletion where applicable.
• Copies of signed HPAs and payment statements.
• Cookie preference changes and marketing opt-out.

8. Accessibility Statement

We aim to make our services accessible to all users. If you face barriers using our website or materials, contact access@zestracapital.org for assistance or alternative formats.

9. Dispute Resolution

9.1 Process

1. Customer Care: Start with our support team for quick resolution.
2. Escalation: If unresolved, escalate to a supervisor/manager.
3. Mediation: If still unresolved, parties agree to mediation in Nairobi before litigation.

9.2 Governing Law

These terms and agreements with Zestra Capital are governed by the laws of the Republic of Kenya.

10. Policy Updates

We may update these policies to reflect changes in law, technology, or our practices. Material changes will be highlighted here with a new “Last Updated” date.

11. Contact Us

Questions about these policies?

• General: info@zestracapital.org
• Privacy: privacy@zestracapital.org
• Security/Vulnerability: security@zestracapital.org
• Phone: +254 720 012374
• Address: KTDA Plaza, Moi Avenue, Nairobi, Kenya