Home chevron_right Refund Policy

Page

Refund Policy

Policy

Refund Policy

Issued by Finsmart Hub Limited, trading as Finsmart Hub Africa

Website www.finsmarthub.africa

Last Updated 1 April 2026

This Policy remains in force until it is amended or withdrawn by Finsmart Hub Limited.

1. Introduction

1.1 Finsmart Hub Limited, a limited liability company incorporated in the Republic of Kenya under the Companies Act, 2015, and trading as Finsmart Hub Africa (“Finsmart Hub”, “we”, “us” or “our”), offers digital courses, Masterclasses, workshops, accelerator programmes, advisory services and project based service work.

1.2 This Refund Policy (“this Policy”) explains our position on refunds, the manner in which a request for relief is considered, and the forms of relief that may be available where a refund is not.

1.3 This Policy is issued having regard to:

(a) Article 46 of the Constitution of Kenya, 2010, which guarantees the right of consumers to goods and services of reasonable quality and to fair, honest and reasonable terms;

(b) the Consumer Protection Act, No. 46 of 2012;

(c) the Competition Act, No. 12 of 2010, in so far as it prohibits false and misleading representations to consumers; and

(d) the Data Protection Act, No. 24 of 2019, in respect of Personal Data submitted in support of a request under this Policy.

1.4 By purchasing a Course, enrolling in a Programme or engaging us to perform Services, you accept the terms of this Policy.

2. Definitions and Interpretation

2.1 In this Policy, unless the context otherwise requires:

“Course” means a digital, recorded or self paced learning product supplied by Finsmart Hub, including the accompanying materials and platform access;

“Course Content” means the aggregate of the modules, lessons, videos, downloadable materials and assessments comprised in a Course;

“Credit” means a credit note issued by Finsmart Hub and applicable against the price of any Course, Programme or Service;

“Deliverable” means any report, document, design, plan, model, strategy or other work product prepared by Finsmart Hub in the course of performing Services;

“Discovery Call” means an introductory or scoping consultation, whether charged for separately or as part of a Service;

“Fee” means any sum payable to Finsmart Hub in respect of a Course, Programme or Service;

“Personal Data” has the meaning assigned to it under the Data Protection Act, No. 24 of 2019;

“Programme” means a Masterclass, workshop, seminar, cohort, accelerator or other time bound learning engagement, whether delivered in person or online;

“Request” means a request for relief submitted under clause 13;

“Reservation Fee” means an application fee, seat reservation fee or cohort deposit;

“Services” means advisory, consultancy, strategy or project based work performed by Finsmart Hub under an agreed scope;

“Working Day” means a day other than a Saturday, Sunday or public holiday in Kenya;

“you” means the person who has made a payment to Finsmart Hub, whether in their own capacity or on behalf of an entity.

2.2 Words importing the singular include the plural and vice versa.

2.3 A reference to a statute includes that statute as amended, re-enacted or replaced from time to time.

2.4 Headings are for convenience only and do not affect construction.

2.5 In accordance with section 7 of the Consumer Protection Act, No. 46 of 2012, any ambiguity in this Policy that admits of more than one reasonable interpretation shall be interpreted in your favour.

3. Scope and Precedence

3.1 This Policy applies to all payments made to Finsmart Hub in respect of Courses, Programmes, Reservation Fees and Services.

3.2 Where you and Finsmart Hub have executed a separate written contract, letter of engagement or statement of work containing express refund or cancellation terms, those terms shall prevail over this Policy to the extent of any inconsistency.

3.3 This Policy is to be read together with our Terms of Service and our Data Protection and Privacy Policy.

3.4 Nothing in this Policy shall be construed as excluding or limiting any right or remedy conferred on you by the Consumer Protection Act, No. 46 of 2012 or by any other written law, which right or remedy cannot lawfully be excluded or limited. Clause 21 restates this position.

4. Our Position on Refunds

4.1 All Fees are payable in advance and, once paid, are not refundable. This Policy does not confer an automatic right of refund in respect of any Course, Programme, Reservation Fee or Service.

4.2 We hope you will appreciate the reason for this position. From the moment a payment is received, we act on it. A seat is allocated to you and withdrawn from another applicant. Access to Course Content is opened and materials are released. Facilitators, venues, platform licences and preparation time are committed against the cohort you have joined, and in the case of Services, our people begin work on your scope. Those costs are incurred whether or not you go on to take up what has been reserved for you.

4.3 That said, we do not apply clause 4.1 mechanically, and we would much rather find a way to preserve the value of your payment than simply decline a request. Circumstances change, and some situations plainly deserve a closer look. Every Request is read properly and considered on its own facts by a person, not by a rule.

4.4 Where we are satisfied that relief is warranted, it will ordinarily take one of the forms described in clause 12, being a transfer, a deferral or a Credit. A monetary refund may be made in exceptional cases, at our discretion, and clause 5 sets out what we take into account.

4.5 Clause 4.1 is subject to clauses 10, 11 and 21, which deal respectively with our inability to deliver, payments made in error, and your rights under statute.

5. How a Request is Considered

5.1 In considering a Request we have regard to matters including:

(a) how promptly the Request was raised after the circumstances giving rise to it arose;

(b) how much of the Course Content, Programme or Service has been consumed, delivered or made available to you;

(d) whether the Course, Programme or Service was materially different from what was described to you at the point of sale;

(e) whether any failure on our part contributed to the situation;

(f) the costs we have already committed and cannot recover; and

(g) any personal or business circumstances you wish us to take into account, including medical, bereavement, travel, visa or force majeure grounds.

5.2 A Request raised early carries considerably more weight than one raised late, and we encourage you to write to us as soon as an issue arises rather than at the end of a programme.

5.3 We do not require you to justify your reasons in any particular form, and you are not obliged to disclose sensitive personal circumstances. Anything you do share is treated in confidence and in accordance with clause 20.

5.4 Relief is more likely to be extended where little or none of the Course Content has been accessed, no certificate has been issued, and the Request is made promptly after purchase.

6. Digital Courses

6.1 A Course is delivered in full at the point of purchase, when access to the Course Content is opened to you. The Fee for a Course is accordingly not refundable.

6.2 Where a Request relates to a Course, we shall have regard in particular to the proportion of Course Content accessed, as recorded by the learning platform, and to whether downloadable materials, templates, workbooks or tools have been retrieved. On request, we shall furnish you with the progress record we have relied upon.

6.3 A Request is unlikely to succeed where a substantial part of the Course Content has been consumed, where downloadable materials have been retrieved in volume, where the Course has been completed, or where a completion certificate has been issued.

6.4 A Request will be considered sympathetically, and irrespective of consumption, where:

(a) the Course as delivered differs materially from the description published at the point of sale;

(b) the Course Content is inaccessible, defective or incomplete through our fault and we have failed to remedy the defect within a reasonable period after being notified of it; or

(c) you were charged in error, charged more than once, or charged for a Course you did not purchase, in which case clause 11 applies.

6.5 Where a Course forms part of a bundle and relief is extended in respect of one element only, the value attributed to that element shall be its standalone list price, less a proportionate share of any bundle discount applied.

7. Masterclasses, Workshops and Programmes

7.1 A place on a Programme is reserved for you on payment, and the Fee is not refundable, whether or not you attend.

7.2 Where you are unable to attend, please tell us as early as you can. The relief we can offer improves considerably with notice, and a place released well before the commencement date can usually be re-allocated, which is what allows us to accommodate you on a later cohort.

7.3 Our usual response to a Request of this kind is a transfer or a deferral under clause 12, rather than a refund.

7.4 Non attendance without notice does not attract relief.

7.5 Where a Programme is delivered in sessions and you withdraw after it has commenced, sessions already delivered or made available to you are treated as consumed.

8. Reservation and Application Fees

8.1 A Reservation Fee is not refundable once a seat has been confirmed and preparation has begun, including allocation of your seat, onboarding, procurement of materials or scheduling of facilitators.

8.2 Where your application is unsuccessful and no seat is offered to you, the Reservation Fee shall be returned to you in full. It would not be right for us to retain a fee for a place you were never given.

8.3 Where we cancel the cohort before delivery commences, or are unable to offer you a seat in the cohort for which you applied and you decline an alternative, clause 10 applies.

8.4 Where a Reservation Fee is retained under clause 8.1, we shall on request furnish you with a written statement of the costs committed in respect of your participation, and shall consider applying the Fee against a later cohort under clause 12.

9. Services and Project Work

9.1 Fees for Services are not refundable. In particular, the following are treated as fully delivered once they have taken place or been supplied:

(a) a Discovery Call;

(b) a strategy or advisory session;

(d) any portion of the Services performed.

9.2 Where an engagement is terminated before any work has commenced, or where we are unable or unwilling to commence the agreed scope, we shall return the deposit paid. We do not retain money for work we have not started.

9.3 Where an engagement is terminated after work has commenced, we shall consider a Request in respect of the unearned portion of the Fee only, being the amount paid less:

(a) time properly expended by our personnel and contractors at the rates set out in the engagement documentation, or, where no rates are stated, at our standard rates in force at the date of the engagement;

(b) the value of Deliverables prepared, whether or not yet delivered;

(c) third party costs and disbursements properly incurred and not recoverable by us, including licence fees, subcontractor charges and procurement costs; and

(d) any costs unavoidably incurred as a direct consequence of the termination.

9.4 Where relief is extended under clause 9.3, we shall furnish you with an itemised statement of the deductions made within fourteen (14) days of the determination.

9.5 Where the sums calculated under clause 9.3 exceed the amount paid, no relief is available and the balance shall be invoiced to you in accordance with the engagement documentation.

9.6 Clause 9.3 does not apply where the engagement is terminated by you by reason of our material breach, in which case we shall make such allowance as is just in the circumstances, having regard to the value of any Deliverables you retain and are able to use.

9.7 Intellectual property in a Deliverable in respect of which a monetary refund has been made shall revert to, or remain vested in, Finsmart Hub, and you shall cease all use of that Deliverable.

10. Where We Are Unable to Deliver

10.1 Clause 4.1 is not intended to allow us to retain a Fee for something we never deliver, and it shall not be applied in that way.

10.2 Where we cancel a Course, Programme or cohort before delivery commences, you shall be entitled, at your election, to a Credit of equivalent value or to a return of the Fee paid.

10.3 Where we postpone a Programme, we shall offer you a place on the rescheduled dates. If those dates are not convenient to you, clause 10.2 shall apply.

10.4 Where we terminate a Programme after it has commenced, otherwise than by reason of your conduct, clause 10.2 shall apply to the portion of the Fee attributable to the undelivered part of the Programme.

10.5 Where performance is prevented, delayed or materially impeded by an event beyond our reasonable control, including an act of God, epidemic, civil unrest, fire, flood, war, terrorism, industrial action, failure of a public telecommunications or power network, or an act of a governmental or regulatory authority, we shall notify you and shall offer a rescheduled delivery or a Credit. Where neither is practicable, clause 10.2 shall apply to the undelivered portion.

10.6 We are not able to reimburse travel, accommodation, visa, connectivity or other incidental costs incurred by you in connection with a cancelled or postponed Programme, and we would encourage you to make refundable bookings or obtain appropriate insurance where the cost to you is material.

11. Duplicate and Erroneous Payments

11.1 A duplicate payment, an overpayment, or a payment made in error is not a Fee, and clause 4.1 does not apply to it. Such a payment shall be returned to you in full on verification, irrespective of the time elapsed since it was made.

11.2 A payment under clause 11.1 shall be processed within fourteen (14) days of verification.

12. Transfers, Deferrals and Credits

12.1 Where a Request is allowed, relief shall ordinarily take one of the following forms, at your election and subject to availability:

(a) a transfer of your place to a later cohort or intake;

(b) a transfer of your place to a nominated third party, subject to that person meeting the eligibility criteria for the Programme; or

12.2 A Credit shall be valid for twelve (12) months from the date of issue and may be applied in whole or in part.

12.3 One transfer per enrolment shall be permitted without charge. A subsequent transfer may attract a reasonable administrative charge, which shall be disclosed to you before it is applied.

12.4 We consider a transfer or a Credit to be the fairer outcome in most cases, because it preserves the full value of your payment rather than reducing it by the costs already committed on your behalf.

13. How to Raise a Request

13.1 A Request shall be submitted in writing to info@finsmarthub.africa and shall state:

(a) your full name and the name of the person or entity that made the payment, if different;

(b) the order, invoice or transaction number;

(d) the Course, Programme or Service to which the payment relates;

(e) the payment channel used and the amount paid; and

(f) the circumstances giving rise to the Request and the outcome you are seeking.

13.2 We may request such further information or documentation as is reasonably necessary to verify the payment and to consider the Request. A request for further information shall be made once and shall specify everything required.

13.3 We may require reasonable proof of identity before making any payment, in order to prevent payment to a person not entitled to receive it.

14. Assessment and Determination

14.1 We shall acknowledge a Request within five (5) Working Days of receipt.

14.2 We shall communicate our determination in writing within fourteen (14) days of receipt of the Request, or within fourteen (14) days of receipt of any further information requested under clause 13.2, whichever is the later.

14.3 Our written determination shall state:

(a) the outcome and, where relief is extended, its form and value;

(b) the reasons for the decision and the provisions of this Policy relied upon;

(d) your right to have the decision reviewed under clause 21.

14.4 Where a Request concerns the conduct of an individual member of our personnel, the determination shall not be made by that person.

14.5 We shall not suspend or terminate your access to a Course or Programme by reason only that you have raised a Request in good faith.

15. Payment of Amounts Allowed

15.1 Where a monetary amount is allowed, it shall be paid to the original payment method and to the account from which payment was received, unless that method is no longer available, in which case we shall agree an alternative method with you in writing.

15.2 We shall initiate payment within fourteen (14) days of communicating our determination.

15.3 The time taken for funds to reach you thereafter depends on the payment provider concerned and is outside our control. As a general guide, mobile money and local bank transfers settle within a few Working Days, while card reversals, PayPal and international wire transfers may take longer.

15.4 Where payment has not reached you within thirty (30) days of our initiating it, please notify us. We shall trace the payment with the provider and keep you informed of progress.

15.5 We do not charge any fee for processing a Request or for making a payment under this Policy.

16. Currency and Charges

16.1 Any payment under this Policy shall be made in the currency in which the original payment was received.

16.2 Where the original payment was subject to a currency conversion, the amount returned shall be the sum actually received by us in the currency received. We are not able to compensate for any difference in value arising from movement in exchange rates between the date of payment and the date of return.

16.3 Transaction charges, gateway commissions and network fees deducted by a third party from your original payment, and which were therefore never received by us, cannot be returned by us.

16.4 Bank charges levied on the outward transfer shall be borne by us, save that intermediary and beneficiary bank charges on an international wire transfer may be deducted by those banks from the amount remitted, and we have no control over such deductions.

16.5 Where any tax was charged on the original payment and has been remitted to the Kenya Revenue Authority, the return of that tax component is subject to our ability to recover or adjust it in accordance with the applicable tax law, and we shall use reasonable endeavours to do so.

17. Payments Made in Cryptocurrency

17.1 Where payment was made in a virtual asset, any amount allowed shall be returned in the same virtual asset and to the wallet address from which payment was received.

17.2 The quantity returned shall be the quantity received by us, less any network or transaction fees payable on the outward transfer.

17.3 Virtual assets are volatile. The fiat value of the quantity returned may be greater or less than the fiat value at the date of payment, and Finsmart Hub accepts no liability for that difference.

17.4 Where the receiving wallet address is no longer valid, no longer controlled by you, or cannot be verified, we shall agree an alternative settlement method with you in writing before making payment.

17.5 No payment shall be made to a wallet address other than the originating address without written confirmation from you and satisfactory verification of your identity.

18. Chargebacks and Payment Disputes

18.1 If you believe you are entitled to relief, we would ask you to raise the matter with us under clause 13 before initiating a chargeback or dispute with your bank, card issuer or payment provider. A direct request is almost always resolved faster, and gives us the opportunity to put things right.

18.2 Clause 18.1 does not restrict your right to pursue a chargeback or any other remedy available to you.

18.3 Where a chargeback is initiated in respect of a payment that has already been returned by us, or in respect of a Course, Programme or Service fully delivered and accepted, we reserve the right to contest the chargeback and to furnish the provider with evidence of delivery.

19. Abuse of the Request Process

19.1 We may decline a Request, and may restrict future purchases, where we have reasonable grounds, supported by evidence, to conclude that:

(a) the process is being used systematically to obtain Course Content without payment;

(b) Course materials have been copied, redistributed, resold or shared in breach of our Terms of Service; or

19.2 Before acting under clause 19.1, we shall put the grounds to you in writing and shall afford you a reasonable opportunity, being not less than seven (7) days, to respond.

20. Personal Data

20.1 Personal Data submitted in support of a Request is Processed for the purpose of verifying and determining that Request, effecting any payment, and maintaining our accounting and audit records.

20.2 Such Personal Data is Processed on the bases of performance of a contract and compliance with our legal obligations, and is retained in accordance with the retention schedule in our Data Protection and Privacy Policy.

20.3 Any sensitive circumstances you disclose in support of a Request are seen only by the personnel determining it and are not retained for longer than is necessary for that purpose.

20.4 Your rights as a data subject in respect of that Personal Data are set out in our Data Protection and Privacy Policy.

21. Statutory Rights, Review and Dispute Resolution

21.1 Nothing in this Policy, and in particular nothing in clause 4, excludes, restricts or modifies any right, guarantee or remedy conferred on you by the Consumer Protection Act, No. 46 of 2012 or by any other written law of Kenya, where that right, guarantee or remedy cannot lawfully be excluded, restricted or modified.

21.2 Without limiting clause 21.1, your rights in respect of an agreement formed by internet communications, including any right of cancellation arising under sections 31 to 33 of the Consumer Protection Act, No. 46 of 2012, are preserved and operate independently of this Policy.

21.3 If you are dissatisfied with a determination made under clause 14, you may ask for it to be reviewed by writing to info@finsmarthub.africa within thirty (30) days, setting out the grounds of your dissatisfaction. The review shall be conducted by a person who was not party to the original determination, and the outcome shall be communicated to you in writing within twenty one (21) days.

21.4 If the matter remains unresolved, the parties shall first attempt to settle it amicably through good faith negotiation for a period of thirty (30) days.

21.5 Failing settlement under clause 21.4, either party may refer the dispute to mediation before a mediator agreed between the parties or, failing agreement, appointed by the Chairperson for the time being of the Mediation Training Institute East Africa. The costs of mediation shall be borne equally.

21.6 Clauses 21.4 and 21.5 do not preclude you from lodging a complaint with the Competition Authority of Kenya or any other competent regulatory body, or from instituting proceedings in a court of competent jurisdiction, and do not operate to suspend any limitation period.

22. Amendment

22.1 We may amend this Policy from time to time.

22.2 This Policy is not subject to expiry. It remains in force from the date of its publication until it is amended or withdrawn by us.

22.3 The current version shall at all times be published on the Website bearing the date on which it was last updated.

22.4 An amendment shall not apply retrospectively. The version of this Policy in force at the date of your purchase shall govern that purchase.

23. Severability

23.1 If any provision of this Policy is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

24. Governing Law and Jurisdiction

24.1 This Policy is governed by and shall be construed in accordance with the laws of the Republic of Kenya.

24.2 Subject to clause 21, the courts of Kenya shall have jurisdiction in respect of any dispute arising out of or in connection with this Policy.

25. Contact

25.1 All Requests, reviews, complaints and enquiries relating to this Policy shall be addressed to us using the particulars set out in the Schedule.

25.2 We would always prefer to hear from you directly and early. Most matters raised with us in good time are resolved without difficulty.

SCHEDULE: CONTACT PARTICULARS

Finsmart Hub Limited (trading as Finsmart Hub Africa) Nairobi, Kenya

Email: info@finsmarthub.africa Telephone: +254 717 734914 Website: www.finsmarthub.africa

This Policy has been adopted by Finsmart Hub Limited and remains in force until amended or withdrawn.