THE GENIUS FRIENDS LIMITED TERMS AND CONDITIONS OF USE
GENIUS FRIENDS LIMITED
Genius Hire Purchase System ("Genius HPS")
TERMS AND CONDITIONS OF USE
1. INTRODUCTION AND ACCEPTANCE
These Terms and Conditions ("Terms") govern access to and use of the Genius Hire Purchase System ("Genius HPS", "the Platform", "we", "us", "our"), operated by Genius Friends Limited ("Genius Friends", "the Company"), a company registered in Kenya. The Platform includes the website thegeniusfriends.co.ke, the Genius mobile application ("Genius App"), USSD and paybill payment channels, and all marketing materials, promotions, and communications issued by or on behalf of Genius Friends.
By registering for, accessing, or using the Platform in any capacity — as a Client, Dealer, Agent, or Partner — you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any device-specific Hire Purchase Agreement you enter into. If you do not agree, you must not use the Platform.
Where these Terms conflict with a signed Hire Purchase Agreement for a specific Device, the terms of that signed Agreement shall prevail in respect of that transaction; these Terms govern your general use of the Platform.
2. DEFINITIONS
• "Client" means an individual who applies for, receives, or is repaying a Device on hire purchase through the Platform.
• "Dealer" means a physical or registered outlet authorised by Genius Friends to distribute Devices and onboard Clients.
• "Agent" means an individual authorised to onboard or refer Clients to the Platform, whether independently or on behalf of a Dealer.
• "Partner" includes investors, financiers, or other business partners granted access to the Platform for portfolio, referral, or reporting purposes.
• "Device" means any smartphone, tablet, or related accessory offered by Genius Friends on a hire purchase (PAYGO) basis.
• "PAYGO" or "Pay-As-You-Go" means the instalment model under which a Client pays a deposit and thereafter makes daily, weekly, or monthly payments toward the Hire Purchase Price.
• "Hire Purchase Agreement" means the individual device-specific agreement signed between Genius Friends and a Client, which incorporates these Terms by reference.
• "Account" means the registered profile of any User on the Genius App or website.
• "User" means any Client, Dealer, Agent, or Partner accessing the Platform.
3. ABOUT GENIUS HPS
Genius Friends provides Devices, including Samsung smartphones, tablets, and accessories, on a hire purchase basis under the PAYGO model. A Client pays an initial deposit and takes possession of the Device, thereafter completing the balance through flexible daily, weekly, or monthly instalments. Ownership of the Device passes to the Client only once the full Hire Purchase Price has been paid, or the Client elects to settle the outstanding balance in a single lump-sum payment. A Client in good standing may pay off the balance at any time without penalty.
Where instalments are not paid as scheduled, Genius Friends reserves the right to restrict use of the Device remotely until outstanding amounts are settled, in accordance with Section 8 below and the applicable Hire Purchase Agreement.
4. ELIGIBILITY AND ACCOUNT REGISTRATION
4.1 Client Eligibility
To apply for a Device on the Platform, a Client must:
• Be at least 18 years of age and possess a valid Kenyan National ID;
• Provide an active Safaricom mobile line that has been in use for at least six (6) months;
• Pay the required deposit via M-Pesa;
• Provide accurate next of kin contact details for verification purposes.
No guarantor is required for a Client application; however, Genius Friends may contact the Client's next of kin to verify identity and application details.
4.2 Dealer, Agent, and Partner Accounts
Dealers, Agents, and Partners must be onboarded and approved by Genius Friends before being granted access to the Platform's onboarding, referral, or reporting tools. Access may be subject to a separate agreement covering commissions, targets, and conduct, which operates alongside these Terms.
4.3 Accuracy of Information
All Users are responsible for ensuring that information submitted on the Platform is accurate, current, and complete. Genius Friends reserves the right to decline, suspend, or terminate an application or Account where information provided is found to be false, misleading, or incomplete.
5. APPLICATION, APPROVAL, AND DEVICE COLLECTION
Client applications are typically reviewed and approved within fifteen (15) minutes of submission of all required documents. Once approved and the deposit has been paid, the Client may collect the Device immediately from an authorised Genius dealer or delivery partner. Approval timelines are indicative and not guaranteed, and may vary based on document verification, network availability, or fraud checks.
6. PAYMENTS AND INSTALMENTS
6.1 Payment Channels
Instalments may be paid through the following official channels only:
• The Genius App, via the "Pay Now" function, which triggers an M-Pesa STK push to the Client's registered phone number;
• M-Pesa Paybill Number 4182761, using the Client's National ID Number as the account reference.
Clients should not make payments through unofficial channels, third parties, or agents claiming to accept payment on behalf of Genius Friends outside these designated methods. Genius Friends is not liable for payments made through unverified or unofficial channels.
6.2 Confirmation and Account Updates
Successful payments are reflected on the Client's Account instantly in most cases. Where a Device remains restricted after a successful payment, the Client should ensure their data or Wi-Fi connection is active, then use the "Refresh Account Status" option in the Genius App to prompt reactivation. If restriction persists, the Client should contact customer support as set out in Section 12.
6.3 Overdue Payments
Instalments not paid on the due date set out in the applicable Hire Purchase Agreement are overdue and may attract additional charges as specified in that Agreement. Genius Friends' acceptance of a late payment does not waive its rights in respect of that or any future default.
6.4 Early Settlement
A Client may settle the outstanding balance on a Device in full at any time, without penalty, to take immediate ownership of the Device.
7. DEVICE ACCESS, RESTRICTION, AND SECURITY
To secure repayment under the PAYGO model, Devices supplied through the Platform include remote device-management functionality. Where a scheduled instalment is not paid, Genius Friends may automatically restrict the Device, limiting or preventing access to applications and functions, until the outstanding amount is paid. Upon payment of all amounts due, the Device is reactivated, typically within minutes of confirmation, subject to the Device being connected to a network.
Clients agree not to tamper with, disable, reverse-engineer, or attempt to circumvent any device-management, locking, or monitoring software installed on a Device supplied under the PAYGO model. Any such attempt constitutes a material breach of these Terms and the applicable Hire Purchase Agreement, and may result in immediate suspension of the Client's Account and enforcement of Genius Friends' rights over the Device.
8. DEALER, AGENT, AND PARTNER RESPONSIBILITIES
Dealers, Agents, and Partners using the Platform to onboard or refer Clients agree to:
• Represent Genius Friends' products, pricing, and PAYGO terms accurately and honestly to prospective Clients;
• Not make promises, guarantees, or representations on behalf of Genius Friends beyond what is published on the Platform or in official marketing materials;
• Verify, to the best of their ability, the identity of Clients they onboard, and submit only genuine, accurate applications;
• Not charge Clients any fee for onboarding, referral, or access to the Platform beyond amounts officially sanctioned by Genius Friends;
• Comply with all applicable laws, including consumer protection and data protection legislation, in the course of onboarding or referring Clients.
Any commissions, referral incentives, or rewards payable to Dealers, Agents, or Partners are governed by the applicable commercial agreement between that party and Genius Friends, and are subject to verification of the underlying Client transaction.
9. ACCEPTABLE USE OF THE PLATFORM
All Users agree not to:
• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation;
• Create multiple or duplicate Accounts to circumvent eligibility checks, restrictions, or promotional limits;
• Submit false, forged, or misleading identity documents or information;
• Interfere with, disrupt, or attempt to gain unauthorised access to the Platform, its servers, or related systems;
• Use the Platform to harass, defraud, or mislead other Users or third parties;
• Copy, reproduce, or misuse Genius Friends' marketing materials, branding, or content without written authorisation.
10. DEVICES, WARRANTY, AND RETURNS
All Devices supplied through the Platform are original, sourced from trusted and authorised suppliers. A Device may not be returned once a hire purchase transaction has commenced, except where the Device is faulty and the fault falls within the applicable warranty period and terms, in which case Genius Friends will assess the claim and arrange a repair or replacement in accordance with its warranty process.
11. INTELLECTUAL PROPERTY
All content on the Platform, including the Genius Friends name, logo, app design, text, graphics, and marketing materials, is the property of Genius Friends or its licensors and is protected by applicable intellectual property laws. Users may not reproduce, distribute, or create derivative works from this content without prior written consent.
12. CUSTOMER SUPPORT
For queries relating to applications, payments, device support, or any issue arising from use of the Platform, Users may contact Genius Friends through:
• Customer Care (Call or WhatsApp): 0798 900 126
• Email: info@thegeniusfriends.co.ke
• In-App Support: via the chat function within the Genius App
13. LIMITATION OF LIABILITY
The Platform is provided on an "as is" and "as available" basis. While Genius Friends takes reasonable steps to keep the Platform secure and available, it does not guarantee uninterrupted or error-free operation and is not liable for losses arising from network outages, third-party payment system failures (including M-Pesa), or circumstances beyond its reasonable control.
To the maximum extent permitted by Kenyan law, Genius Friends' liability to any User in connection with use of the Platform shall not exceed the amounts actually paid by that User under the relevant Hire Purchase Agreement in the twelve (12) months preceding the claim. Nothing in these Terms limits liability that cannot lawfully be excluded.
14. SUSPENSION AND TERMINATION OF PLATFORM ACCESS
Genius Friends may suspend or terminate a User's access to the Platform, with or without notice, where the User breaches these Terms, provides false information, engages in fraudulent conduct, or misuses the Platform in a manner that harms Genius Friends, other Users, or third parties. Termination of Platform access is separate from, and does not automatically terminate, any outstanding obligations under a signed Hire Purchase Agreement, which continue to apply until settled.
15. AMENDMENTS TO THESE TERMS
Genius Friends may update these Terms from time to time to reflect changes in its services, legal requirements, or business practices. The updated Terms will be posted on the website and/or made available within the Genius App, with the effective date indicated. Continued use of the Platform after an update constitutes acceptance of the revised Terms.
16. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or in connection with these Terms or use of the Platform shall first be addressed through good-faith engagement between the parties, failing which it may be referred to arbitration in accordance with the Arbitration Act, 1995 (Kenya), or resolved before the courts of Kenya.
17. CONTACT US
Genius Friends Limited
Highlands Mall, Ground Floor, Eldoret–Uganda Road, Nairobi, Kenya
Email: info@thegeniusfriends.co.ke | Phone/WhatsApp: 0798 900 126