These Terms as well as the Sanabil privacy notice (the “Privacy Notice”) as updated from time to time, are explicitly incorporated into the Product Application & Credit Agreement (the “Agreement”). The Customer (“You” or “Your”) should therefore read the below Terms together with Your Agreement and the Privacy Notice. Acceptance of the Agreement shall constitute acceptance of these Terms and the Privacy Notice. At Sanabil we take the privacy of our customers and their data very seriously. Any questions, complaints, claims, or other communications relating to these Terms should be directed to sales@sanabil.so and phone at callcenter number 2510 and WhatsApp: +252610913333

1. DEFINITIONS

These Terms use capitalized words that are also defined in Your Agreement. For example, terms such as Product, Initial Payment, Credit Payment and Total Payment have the same meaning when they are used in these Terms and in Your Agreement. These Terms also have the following additional defined terms:
Account: means the Sanabil customer account used for purposes of receiving payment of Your Initial Payment and applicable Credit Payments on the Sanabil App.
Additional Product: means any follow-on or upgrade product and/or service that is purchased by You.
Communication Channel: means the Sanabil App, USSD, or any other channel which is used by either You or Sanabil for communication.
Initial Product: means the Product initially purchased by You which may inform Your eligibility to purchase one or more Additional Products.
Product: means the product and/or service purchased from Sanabil under the Agreement.

2. THE CREDIT PAYMENT

You agree to pay the applicable Credit Payment by the due date (or in advance at Your choosing). The Credit Payment shall be applied toward Your Sanabil outstanding balance, until You have paid the Total Payment as set out in the Agreement. Additionally, You agree that Your Credit Payment may change if You buy Additional Products. The Credit Payment is non-refundable even if You return the Product as described in paragraph 13 (Return of Product).

3. MODE OF PAYMENT

The Initial Payment and all applicable Credit Payments towards purchase of the Product and/or any Additional Product shall be made through:
EVC Merchant #: 676121
VIA THE Sanabil APP
No payments by cash will be accepted by Sanabil under any circumstances for the purchase of any Product or the payment of the Credit Payment. Please inform Sanabil customer service or email sales@sanabil.so immediately You are asked to make any cash payment or believe You have received wrong, misleading or potentially fraudulent information from a Sanabil employee or agent.

4. PRODUCT DEACTIVATION AND CREDIT REPORTING

If You fail to fulfil Your contractual obligations including keeping current on Your Credit Payments, Sanabil may deactivate Your Product (including exercising a seller’s lien as applicable under this credit sale arrangement) until You become current again in Your Credit Payments. This could require the payment of more than one Credit Payment in order to unblock Your Account. If You fail to keep current on the Credit Payments for the Product, Your credit history may be reported to a credit reference bureau and You may not be eligible for Additional Products and services from Sanabil.

5. ADDITIONAL PRODUCTS AND PROMOTIONS

Once You complete payment for the Initial Product and maintain a good credit performance, You can apply for an Additional Product. This could be another Product, or digital financial services such as Sanabil Buy Now and Pay Later service or any other product that Sanabil is offering as an Additional Product. If You successfully purchase an Additional Product, You agree that such Additional Product will be subject to the terms and conditions of specific to that Additional Product as well as, these Terms. In this context, the term “Product” will include an Additional Product.
Sanabil may from time to time identify You as eligible for various promotions and offers (such as data bundles, Buy Now Pay Later and others). The available offers and promotions and their applicable terms and conditions will be communicated to you via the Sanabil App, SMS or WhatsApp. Those terms and conditions will be additional to the Agreement and these Terms. Sanabil reserves the right to amend or vary the terms and conditions relating to such promotions or offers. You may opt out of receiving such promotions and offers by emailing sales@sanabil.so or contacting Sanabil Customer Service (details are above).
If You miss a Credit Payment for the Additional Product, Sanabil may deactivate both Your Additional Product and the Initial Product (even if You have fully paid for the Initial Product) until You become current again in Your Credit Payments. This could require the payment of more than one Credit Payment to unblock Your Account.

6. Sanabil ADMINISTRATIVE RIGHTS OVER YOUR PRODUCT

You understand and acknowledge that Sanabil has certain administration rights over Your Product which may allow Sanabil to restrict usage of and potentially block or disable the Product (including by exercising a seller’s lien as applicable under this credit sale arrangement) if Your Credit Payment is not paid or Your Account is otherwise in arrears. Additionally, these administrative rights may be reactivated even if You have paid off the Total Payment for the Product if You purchase Additional Products or services from Sanabil.
You shall not alter the administration rights granted to Sanabil on the Product. Any breach or attempted breach of this obligation will void the warranty of the Product and violate the intellectual property rights of Sanabil and the relevant Product manufacturer and will entitle Sanabil to exercise any of its rights or remedies under paragraph 9 (Ownership of Product) below.

7. INTENDED USE ONLY

All Products should be used solely in accordance with the instructions provided in the relevant Product instruction manuals and Product end-user license agreements (where applicable). Further, Your Product must be maintained in proper repair and working condition in order to receive any applicable refund on Your Product and You agree that if You contravene any of the instructions provided in the Product manuals, it will result in the forfeiture of the warranty of the Product.

8. CONTACT INFORMATION

You consent that Sanabil will call and/or send electronic communications to the contact information which You provide in the Agreement. You are solely responsible for the accuracy of such information and must ensure that all contact information provided to Sanabil is complete and accurate to allow Sanabil to contact You or the Alternative Contact Person during reasonable hours regarding Your Account.
You agree that it is Your sole responsibility to keep Your contact information current and You will be deemed to have received any notice issued based on the contact information provided to Sanabil, whether or not You actually receive the information.

9. OWNERSHIP OF THE PRODUCT

You understand that You shall take ownership of the Product at purchase under a credit sale arrangement but that Sanabil and/or the Product manufacturer (as applicable) shall at all times retain ownership to all of its intellectual property (whether registered or not) (the “Product Intellectual Property”) that is used to operate the Product and the data generated therefrom, in both cases even after the Total Payment is paid. You must not at any time tamper, open, alter the administration rights, reverse engineer, misappropriate or modify or attempt to do any of them and/or use the Product Intellectual Property in any fraudulent or other way not authorised by Sanabil and/or the Product manufacturer (as applicable) or aid any third party to do the same. Any contravention of this condition will result in forfeiture of the Product warranty, void any right to a refund and result in a fundamental breach of the Agreement.
For avoidance of doubt any tampering and /or modification of the Sanabil Intellectual Property shall constitute willful destruction of Sanabil’s property and may result in criminal charges and such other civil actions being brought against any person, whether You or a third party, found to have tampered and/or modified the Sanabil Intellectual Property regardless of whether the Total Payment of the Product has been paid.
Any violation of paragraph 6 (Sanabil Administrative Rights over Product), paragraph 9 (Ownership of Product) and any other term related to Product Intellectual Property will be a fundamental breach of the Agreement and will entitle Sanabil to exercise any rights or remedies available at law or equity, including without limitation 1) immediate cancellation or rescission of the Agreement; 2) retention of the Product; and 3) forfeiture of the Product warranty, voiding any right to a refund.

10. LOST, STOLEN OR DAMAGED PRODUCTS

You understand that Sanabil does not track and is not responsible for the recovery of lost or stolen Products. If the Product is lost or stolen at any point, during or after the term of the Agreement, it is Your responsibility to report the matter to the appropriate police authorities. You further agree that even if the Product gets lost, stolen or damaged, You will be responsible for paying the applicable Credit Payment and the Total Payment for the Product.

11. ASSIGNMENT

You agree that You will not transfer or assign any rights or obligations under the Agreement without the prior written consent of Sanabil. Sanabil has the right to transfer or assign the Agreement or any right or obligation under the Agreement at any time. Further, You consent to such assignment by Sanabil of any rights or obligations therein, provided that such transfer does not alter the rights and obligations under the Agreement to Your detriment.

12. INSPECTION BY Sanabil

You agree to provide Sanabil, its employees or agents reasonable access to inspect the Product at any time, with reasonable notice. This includes inspections related to any repair services or for the purpose of investigating any fraudulent uses of the Product during the term of the Agreement.

13. RETURN OF PRODUCT

You may return Your Product to any Sanabil retail store or qualified dealer at any time during the term of Your Agreement, for a full refund provided that
(a) you return the product within 3 business days of Purchase, and
(b) You do not have any outstanding balance,
(c) the Product is in original packaging and in new condition with no physical or visible damage or scratches.

14. WARRANTIES

Sanabil will repair or replace a Product, in accordance with the warranty terms provided by the Product manufacturer. The warranty is valid only if the Product is used as instructed and is not tampered with, opened, modified and/or used in other ways not authorised by Sanabil, the Agreement and these Terms.
The warranty period is as set out in the instruction manual for the relevant Product. Sanabil reserves the right not to accept any Product that is returned under warranty. Approval from Sanabil’s customer service is required before a Product can be returned to an Sanabil service center or shop for repair or replacement. Once approval has been obtained, You should return Your faulty Product to the nearest Sanabil shop or authorized service center for repairs or replacement. Phone repairs will take approximately ten (10) working days.

15. Sanabil RESPONSIBILITIES

15.1. Inform of Approval

Sanabil will communicate to You its approval or disapproval of the Agreement by SMS, email or phone call within seven (7) days of receiving the signed Agreement. Approval or disapproval for any Additional Products will be communicated by SMS or phone call.

15.2. Activate the Product

Sanabil will ensure the Product is activated once the Initial Payment is received and, thereafter, whenever Your Account has a positive credit balance. Sanabil shall not accept responsibility if a Product does not receive credit due to third party system or network outages which result in a failure for a Product to receive credits.

15.3. End Billing when Total Payment is Paid

Sanabil will complete billing for the Product and end further Credit Payment requirements once the Total Payment of the Product is paid. Sanabil reserves the right to reactivate and maintain the module and billing for any Additional Products that You may purchase.

15.4. Protect Data

Sanabil agrees to implement appropriate and reasonable measures to protect Your personal data in accordance with the prevailing data protection and consumer protection laws unless required to disclose such information by law or in accordance with these Terms and the Privacy Notice.

16. THIRD-PARTY CHARGES

You acknowledge You may communicate with Sanabil using various Communication Channels to perform certain transactions on Your Account. You agree that such communication is made possible by third-party service providers which may incur additional charges. These third-party charges are separate from the Credit Charge and must be paid directly to the third-party service provider regardless of whether disclosed by the third-party service provider in advance or otherwise. You accept that all charges from third-party service providers, including any applicable taxes, are Your sole responsibility.

17. SIM LOCKED PRODUCT

To the extent this paragraph is applicable to You, the following definitions will apply to this paragraph 17 and, where relevant, throughout these Terms:‍
Dual SIM : means a smartphone or mobile phone that can hold two different SIM cards at the same time.
MNO : means the designated mobile network operator in partnership with Sanabil.
Offer Period : means the duration within which Your Total Payment remains outstanding or a period not exceeding six (6) months from the date You purchase the Product, whichever is earlier.
SIM : means the configuration applied to a Dual SIM Product that limits the full use of the Product to the MNO’s network
SIM Lock : means a smartphone or mobile phone that can hold two different SIM cards at the same time.
Primary Port : means any on the ports in the Product containing the MNO SIM.
Product : means the SIM-Locked Dual SIM product to be purchased from Sanabil.
Secondary Port :means any port in the Product holding any other mobile network provider SIM.

17.1. The Offer

Sanabil offers You the Product in line with this paragraph 17.1 (the “Offer”). By purchasing the Product, You agree that Your Product will be SIM locked. The Product will remain SIM-Locked for the Offer Period. Notwithstanding the Offer Period, Sanabil and/or the MNO may, jointly or independently, in their sole and absolute discretion, amend the duration of the Offer Period to a shorter period, or withdraw the Offer in its entirety, with notice to You. At the end of the Offer Period, You will be free to use any MNO’s SIM or service on Your Product without any further limitation.

17.2. Terms of Use

17.2.1.

For the Product to function during the Offer Period, the MNO SIM card must remain inserted in the Primary Port at all times.

17.2.2.

You agree not to tamper with or modify the Product's software or hardware in any way that could affect the SIM Lock functionality during the Offer

17.2.3.

Sanabil will under no circumstance be liable to You for any error, delay, failure or non-availability of the service, and You shall hold Sanabil harmless against any damage or loss You may sustain as a result of possession and/or use of the MNO SIM, MNO network services, or any error, delay, failure or non-availability of the MNO service.

18. DATA BUNDLE OFFER

To the extent this paragraph is applicable to You, the following definitions will apply to those customers who purchase the Sanabil Data Bundles product and in this context, the term “Product” will include the Data Bundle product:
Data Bundle:means a package of mobile data from an MNO for a specific period or amount of data.

18.1.

You can apply for the Product through the designated Communication Channel currently the Sanabil App. The available Data Bundles and payment plans can be viewed on the Sanabil App.

18.2.

The maximum amount of Data Bundles You can receive will depend on Your eligibility as determined by Sanabil from time to time. Sanabil will inform You of the Product amount and any applicable charges before issuing the Product.

18.3.

Payment provisions in these Terms apply to this paragraph 18.

18.4.

If You fail to repay the Credit Amount or the Total payment for the Product by the due date, Sanabil may deactivate Your Initial Product until You become current again in Your Credit Payments. Additionally, if You are in arrears with Your MNO, the Product and/or the Initial Product, may not be available to You.

18.5. You acknowledge and agree that:

(a): the use, and functionality of Data Bundles are subject to and governed by the terms and conditions of the applicable MNO as may be in force from time to time;
‍(b): Sanabil makes no representations or warranties regarding the MNO's services; and
‍(c) : any disputes or issues relating to the Data Bundles shall be resolved in accordance with the MNO's terms and condition.

18.6.

You must finish paying for Your current Data Bundle before You can buy a new one. Sanabil may refuse to sell You additional Data Bundles if You have unpaid Data Bundle amounts on Your account.

19. GENERAL PROVISIONS

Sanabil encourages You to report any abuse, suspicions and/or concerns about fraud by its employees or agents. To make a report, please email sales@sanabil.so. You can choose to be anonymous but, providing Your contact information may help Sanabil with the investigation process. Sanabil is committed to protecting those who report fraud and will not tolerate any retaliation or adverse actions against those who report in good faith. However, deliberately making false reports to harm an employee or Sanabil is prohibited and may lead to legal action. Your identity as a reporter will be kept confidential as much as possible and will only be disclosed to those who need to know for investigation or legal reasons.

19.1.

No waiver of these Terms by Sanabil will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Sanabil to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect Sanabil and Your intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19.2.

Sanabil reserves the right, at any time, to change, vary, amend or replace these Terms and any rules relating to Your purchase, its products and services and to modify its products and services at its discretion, with notice to You.

19.3.

No provision of these Terms is intended to contravene the applicable consumer protection legislation, and therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the applicable consumer protection legislation is complied with.

19.4.

These Terms will be governed and construed in accordance with the laws of Somalia and the courts of Somalia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). Any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, construed and determined in accordance with the applicable laws of Somalia.