Request for feedback on TOU edit

[Guest]

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[JohnAtKiva]

I am remiss in not earlier thanking you for significantly improved language to account for these "unusual" situations.  

Hey Dan - I thought for a moment you were thanking me! :-)

Thanks Richard, for taking the time to pull together some suggested language.  I'll take your suggestions into account when reviewing with our attorneys.

Paul - sorry for not being more careful with my hypothetical.  A better example: a case where a field partner has reported a set of repayment reports and invoice/payments have occurred, but then we investigate and aren't able to verify the accuracy of those reports.  That would've been a better example.

Amy - Thanks for the feedback.  I'll see what we can do.

John

ps Paul and Amy - A special thanks to referring to me by name in the thread above!  It makes me feel more human and more like a member of this community, and I really appreciate it!

[Amy-in-PHX]

ps Paul and Amy - A special thanks to referring to me by name in the thread above!  It makes me feel more human and more like a member of this community, and I really appreciate it!

You're welcome, John -- You have been contributing to this forum longer than I.  I never thought of you as anything but a member of this community, albeit you are also a Kiva staff member.  Happy Sunday,
Amy 

[AccountAbility]

Hey Dan - I thought for a moment you were thanking me! :-)

John

ps Paul and Amy - A special thanks to referring to me by name in the thread above!  It makes me feel more human and more like a member of this community, and I really appreciate it!

John -Since I was quoting Richard's wording, yes I was indeed thanking him.  I will remember to address you as John in the future, although a couple of my generic references to Kiva were not addressing you specifically since I didn't think your role was to fix the ToU.

Dan

P.S. I always pause when someone here refers to the posts on a thread as being "above" -- since this forum let's each user elect whether new posts are added at the top or at the bottom of a thread.  I have always elected to have new posts show on top.  It saves a lot of scrolling.  But since it is a user preference, I try not to refer to the posts below.

[AccountAbility]

I am re-posting the following comment here at John's request, particularly in light of his desire to "close" the thread that it was originally posted to:

I would like to be absolutely clear in what I consider necessary for Kiva to do in these situations.  First, it is abundantly clear that under certain circumstances Kiva needs a mechanism to abandon the peer to peer concept of lenders to borrowers and revert to a concept more in keeping with a participating group loan to the MFI Field Partner.  Notwithstanding comments to the contrary, this action indeed results in my loan repayments being credited to someone else and/or someone else's loan repayment being credited to me. It's an arithmetic certainty that allocating by each loan repayment will produce a different result than allocating by the proportion to all the loans outstanding.

AND there is no provision in Kiva's current Terms of Use for this action, however, reasonable the action might appear to be. The earlier attempt to add such a provision provided total Kiva discretion as to whether to "pull the trigger" on such an action .  The provision needs to include such things as:

1) some specificity as to under what circumstances Kiva will exercise such an action

2) that reasonable efforts by Kiva to obtain part or all of the data have been made (including the ability to exercise such action on only part of a portfolio),
 
3) that there is some objective determination that additional data will not be forthcoming

4) that taking this action is determined to provide the best outcome for all lenders in the affected portfolio

These are unfortunate situations from many perspectives. but that shouldn't give Kiva a whimsical power to mess around with significant monies however it sees fit.  (Of course that is overstating it, but the point is that Kiva can do better in dealing with Kiva lenders)

Dan