Terms of use

(last updated: April 12,2024)

1. About these Terms of Use

Please read these Terms of Use very carefully. These Terms and Conditions constitute the electronic financial service and end user license agreement, and by registering or using any part of the MkopoHuru service (“Service”), You confirm that You have read, understood, accepted and agree to these Terms of Use and shall be bound by it. If you do not agree to be bound by these Terms, You may not access or use any part of the Service. These Terms and Conditions constitute a binding legal agreement between You, as an individual user (“You” or “Your”) and MkopoHuru (“We”, “Us” or “Our”).

These Terms and Conditions and any amendments or variations thereof shall be effective as of the date of publication.

2. Interpretation and Interpretation

2.1 In these Terms of Use, the following terms shall have the following meanings:

Corporation means, in relation to a party, any entity that controls, is under the control of, or under common control with, that party, where control means the direct or indirect ownership of more than 50 percent of the share capital vote or similar rights. of the ownership of that party or the legal power to direct or cause the direction of the management and general policies of that party, whether through ownership of voting capital, by contract or otherwise, and control and regulation shall be interpreted accordingly;

Account means your personal account when you access the System and use the Service;

Software/Applications means the electronic applications provided by Us and/or Our Group Companies for You to access the Services;

Applicable law means all applicable laws, bylaws, rules, regulations, regulatory policies, regulations, protocols, industry regulations, road traffic regulations, regulatory permits, regulatory licenses or requirements of any court, tribunal or government , legal, regulatory, judicial, administrative or supervisory authority or body, which is in effect from time to time during these Terms of Use;

Business Day means a day other than Saturday, Sunday or a national or public holiday in the United Republic of Tanzania;

Identifier means your personal identification used to access the Application/Service and operate Your Account;

Credit Reference Bureaux means the Credit Reference Bureau of Tanzania to collect and facilitate the distribution of customer credit information;

Group Companies means a person and its Affiliates (and Group Company shall be defined accordingly);

Loan means the principal amount of a loan granted or to be granted by Us to You under these Terms and Conditions from time to time through the Program or (as the context requires) the outstanding principal amount at the time of such loan;

Local Terms and Conditions means additional or alternative terms for specific countries, cities, municipalities, metropolitan areas or regions that apply to You, as available and updated by Us from time to time;

Mobile Device includes and means your mobile Device, SIM Card and/or other devices, including laptops, desktops, tablets and other mobile and stationary devices/devices, which together enable you to access the Internet and use the Software;

Mobile Money Account means your mobile money store of value, being a record maintained by Mobile Money Providers Tanzania of the amount of E-Money from time to time held by You in the Money Provider System by Phone;

Personal Information means data, whether true or not, about an individual who can be identified from that data, or from that data and other information that We have or have access to. This may include an individual's name, date of birth, gender, educational background, religion, photograph, residential address, email address, work details, marital status, contact details, telephone number, SIM details card, financial and credit information (including Mobile Money Account Details, bank account details and bank verification number, where applicable), Account ID and/or password to be used to access the Application after registration and other information that , taken together with other information, will enable the individual. to be recognized.

Request means a request or instruction received from You or required from You through the System and which We are authorized to act on;

Service means any type of financial service or product that We may provide to You in accordance with these Terms and Conditions and as You may register from time to time and "Service" shall be construed accordingly;

SIM Card means a customer identification module which when used with an appropriate mobile phone enables you to access the internet and use a Mobile Money Account;

SMS means a short message service consisting of text messages sent from your Mobile Device to another;

Special Terms and Conditions means additional or alternative terms that may apply to certain specific parts of the Platform and/or Services, as may be notified from time to time;

System means the MkopoHuru system provided by Us to provide users with the Services, including the Software and related programs, Websites, systems and other support systems and services.

Location means the location in which You use the Service and Platform;

Service Fees include any fees and charges payable for use of the Service as published by Us on the App or in other ways We may determine in Our sole discretion. Fees for the Services may change at any time at Our sole discretion;

Website means any website operated by Us or any of Our Group Companies from time to time.

2.2 In these Terms and Conditions: (a) a reference to "writing" does not include email unless otherwise specified; and (b) any phrase introduced by the words "including", "include", "mainly", "for example", or any similar expression is descriptive and does not limit the meaning of the words preceding those terms. These Terms of Use are prepared in the English language. If these Terms of Use are translated into another language, the English language text will be used. In the event of a discrepancy, the following order of precedence applies: first, (i) Area Conditions (if any); then (ii) Special Conditions (if any); and finally (iii) other parts of these Terms of Use.

3. Your Warranties/Responsibilities

You hereby confirm and commit to us that:

3.1 You have full power and authority to enter into and be legally bound by these Terms of Use and to perform Your Obligations under these Terms of Use;

3.2 You will at all times comply with Applicable Laws and these Terms of Use, and notify us if you are in breach of any Applicable Law or these Terms of Use;

3.3 You will only use the Platform and Services for lawful purposes and for the purposes for which they are intended;

3.4 You will ensure that any documents, Personal Information and Identification provided by You (or on Your behalf) to Us or otherwise through the System are at all times accurate, current, complete and not misleading;

3.5 You will only use the internet access facility and Account that You are authorized to use;

3.6 Do not engage in any fraudulent, fraudulent or misleading conduct; and

3.7 You will not disrupt or circumvent the proper functioning of the network on which the System operates.

4. Acceptance of these Terms of Use

4.1 You must carefully read and understand all the terms set out in these Terms and Conditions and as amended from time to time by Us before downloading or streaming the Software or registering an Account with Us which will govern the use and operation of the Software and Account.

4.2 After downloading the Software, you will be deemed to have accepted these Terms and Conditions when you click the "Accept" option on Our Platform asking you to confirm that you have read, understood and agreed to abide by these Terms and Conditions.

4.3 By downloading the Software and registering an Account, You agree to comply with and be bound by these Terms and Conditions governing the operation of the Account and You confirm that the terms herein do not affect any other rights we may have in relation to. Account in law or otherwise.

4.4 These Terms may be amended or changed by Us from time to time and your continued use of the Service constitutes Your agreement to abide by the terms of any such amendment or change. We will take all reasonable steps to notify you of any changes.

4.5 Periodic updates to the Software may be provided through the Website. Depending on the update, You may not be able to use the Services until You download or stream the latest version of the Software and agree to any new terms and conditions of these Terms.

4.6 By using any Software or Service, You consent to Us collecting and using technical information about the Mobile Device and related software, hardware and peripherals of the Internet-based or wireless Services to improve our products and provide any Services to You. If you use these Services, you consent to us and our partners and licensees sending, collecting, storing, maintaining, processing and using your data to determine our credit scoring services or to improve our Service and/or your use of the Software.

4.7 By using the Software and Services, You allow us to share your credit information, both positive and negative, with the Credit Reference Bureau, as well as to check your credit report for credit scoring/assessment purposes.

4.8 You also expressly authorize Us to contact You and Your agreed emergency contact, to confirm Your details or when We are unable to contact You through another method or when We have not received Your payment in relation to the Loan entered into. Article 11 here.

4.9 You authorize MkopoHuru to use the payment method with automatic deduction if you fail to repay the loan on the agreed repayment date by submitting this bank card confirmation.

5. Your Use of the Service

5.1 The Service provided by Us may only be used by persons over the age of 18.

5.2 Our acceptance of your request for an Account will be displayed on the App. You hereby acknowledge and agree that our acceptance of your Account application does not create any contractual relationship between you and any third party.

5.3 We have the right to refuse your Loan application or cancel the application at any stage at Our sole discretion and without giving any reason or giving any notice.

5.4 We reserve the right (at Our sole and absolute discretion) to grant, refuse to grant a Loan and/or change the terms of any Loan based on Our Evaluation of your credit profile from time to time. The terms of the Loan and the interest rate payable in relation to each Loan application will be displayed on the App.

6. Your Use of the System

All rights granted and reserved

6.1 Subject to Your Compliance with these Terms of Use, We and Our licensors (if any) grant You a revocable, limited, non- exclusive, non-transferable, royalty-free license during these Terms of Use and in the Territory. , access and use the System for Your personal use for the purpose of accessing the Services provided by Us.

6.2 All rights not expressly granted to You under these Terms of Use are reserved by Us and Our licensors (if any). Nothing in these Terms and Conditions transfers any ownership in or to the System (in whole or in part) to you.

Prohibited actions:

6.3 When using the Platform, Do not:

6.3.1 license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any other person the System in any way;

6.3.2 modify or perform derivative functions of the System, or reverse engineer or access the underlying software for any reason;

6.3.3 use the System to create competing products or services, create products using the same ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch automated programs or scripts. that may make multiple server requests per second, or that unduly burdens or impedes the operation and/or performance of the System, or attempts to gain unauthorized access to the System or related systems or networks;

6.3.4 use any program or process to access, index, "data mine", or in any way generate or circumvent the navigation structure, presentation or content of the System;

6.3.5 publish, distribute or reproduce in any way material containing copyrights, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or removing any copyright, trademark, or other notices of the proprietary rights contained in the System;

6.3.6 send or store any material for illegal or fraudulent purposes;

6.3.7 send spam or other unsolicited messages, or otherwise cause nuisance, annoyance, inconvenience or make false bookings;

6.3.8 post or store material that is infringing, obscene, threatening, defamatory or otherwise illegal or abusive;

6.3.9 send material containing software viruses, worms, trojan horses or other harmful computer code, files, documents, agents or software;

6.3.10 interfere with or disrupt the integrity or performance of the System or the data therein;

6.3.11 impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

6.3.12 intentionally misrepresenting your location; or

6.3.13 misrepresents any material information about you, or as it may relate to our decision to engage with you in any related or other business;

6.3.14 damage Our reputation or any of our Group Companies in any way;

6.3.15 collect or harvest any information or data from any Service or our systems or attempt to determine any transmission to or from the servers running any Service.

7. Your account

7.1 To access the Platform as a user, You must register and maintain an Account as a user of the Software.

7.2 You are responsible for all activities carried out on Your Account. You:

7.2.1 must have only one Account;

7.2.2 must keep Your Account details confidential and secure;

7.2.3 must not give any other person access to Your Account, including transferring Your Account or information from Your Account to any other person;

7.2.4 you must notify us immediately if You suspect any unauthorized access to or use of Your Account; and

7.3 We reserve the right to block or deny access to Your Account, and/or restrict features available in the Software, without prejudice to Our other rights and remedies:

7.3.1 if We find, in Our sole discretion, that You have breached any provision of these Terms of Use;

7.3.2 during the investigation;

7.3.3 if You owe principal, interest, Service Charges or taxes to Us or any of Our Group Companies;

7.3.4 if these Terms of Use are terminated for any reason; or

7.3.5 at any other time at Our reasonable discretion.

8. Your personal information

You agree and consent to Us using and processing Your Personal Information as set out in the Privacy Policy here, as amended from time to time by Us.

9. Requests Made By You

9.1 You hereby irrevocably authorize us to act on all Requests received from You (or purported to be from You) through the System and to hold You responsible in relation thereto.

9.2 At Our discretion, We reserve the right to reject any Application relating to a Loan application from You even if We have previously Granted You a Loan.

9.3 We shall have the right to accept and act on any application, even if the application is for any reason incomplete or ambiguous if, in our absolute discretion, we believe that it can correct the incomplete or ambiguous information in the Application without any reference. for you that it is necessary.

9.4 We shall be deemed to have acted reasonably and to have fully performed all obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise submitted by mistake or fraudulently, and You shall comply with any request that we may make. act if we have acted in good faith believing that the instructions were sent by You.

9.5 We may, in Our absolute discretion, refuse to act on or in accordance with all or any part of Your Request pending further investigation or further confirmation (whether in writing or otherwise) from You.

9.6 You agree and will release and indemnify Us against all claims, losses, damages, costs and expenses whatsoever arising out of, or in any way related to, Our having acted in accordance with all or any part of Your Request. (or failed to implement) a decision made on it.

9.7 You agree that to the fullest extent permitted by Applicable Law We shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, activity or event on Your account without Your knowledge and/or use or manipulation. Account PIN, password, identifier or any method whether or not caused by your negligence.

9.8 We are authorized to execute such instructions in relation to Your Account as required by any court order or relevant authority or agency under Applicable Law.

9.9 In the event of any conflict between any of the terms of any Request we receive from You and these Terms and Conditions, these Terms and Conditions shall apply.

10. Your Responsibilities

10.1 At Your own expense You will provide and maintain in safe and sound operating order Your Mobile Device required for the purpose of accessing the System and Services.

10.2 You shall be responsible for ensuring the proper functioning of your Mobile Device. We will not be responsible for any errors or problems caused by any malfunction of Your Mobile Device, and We will not be responsible for any computer viruses or related problems that may be associated with the use of the System, Services and Mobile Device. You will be responsible for charges due to any service provider providing internet connection and We will not be responsible for any loss or delay caused by any such service provider.

10.3 Your access to the Software will be through your Mobile Device. It is Your responsibility to check and ensure that You are Downloading the correct Application for Your Mobile Device. We are not responsible if you do not have a compatible device or if you do not have the latest version of the Mobile App.

10.4 If Your Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this discloses Your Account details and Credentials to a third party or otherwise affects our legal rights and/or remedies, You must notify Us immediately and follow . procedures notified by Us. We will not be liable for any disclosure of Your Account information and Identifiers to third parties and you therefore agree to indemnify and hold us harmless from any losses resulting from any disclosure of Your Account information and Identifiers.

10.5 You are fully responsible for setting up a suitable network and mobile phone plan and for any fees charged by Your Mobile Service Operator, such as call, SMS and internet data charges. You acknowledge that Your use of the System may use large amounts of data and that You are solely responsible for such use and associated fees.

10.6 You will follow all instructions, procedures and conditions contained in these Terms and Conditions and any document issued by Us regarding the use of the System and Services.

10.7 You will take all reasonable precautions to detect any unauthorized use of the System and Services. To that end, You will ensure that all communications from Us are reviewed and audited by You or on Your behalf as soon as possible after receipt by You in such a way that any unauthorized use and access to the System will be identified. You will notify us immediately if:

10.7.1 You have reason to believe that your Identity is known or may be known to any person who is not authorized to know the same and/or has been compromised; and/or

10.7.2 You have reason to believe that unauthorized use of the Service has occurred or may occur and transactions may have been fraudulently entered into or compromised.

10.7.3 You shall at all times comply with the security procedures notified to you by Us from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that Your failure to follow recommended security procedures may result in a breach of Your Account's confidentiality. In particular, You will ensure that the Service is not used or the Application is not provided or the related functions are not performed by anyone other than a person authorized by You to do so.

11. Financial Terms

Interest and Service Fees

11.1 The interest payable by You to Us in relation to any Loan will be displayed by Us on the App. At the same time, We shall have the right to set and charge Service Fees, in connection with Your use of the Service and from time to time to modify or change Our Service Fees for the Service. If we decide to begin charging Service Fees or where already applicable, change or modify Our Service Fees, the Service Fees payable on any new Service program will be displayed on the Application. We will use reasonable efforts to notify you of any changes related to Service Fees within a reasonable period of time before such changes take effect including by displaying change notices on the App.

11.2 All payments to be made by You under these Terms of Use shall be made in full without rejection or any claim to deny and save as required by law to the contrary, free of charge and without any deduction or withholding. . If at any time you are required to make a deduction or withholding from any payment to Us, You shall promptly pay to Us an additional amount which will cause Us to receive the full amount that would have been received if no such deduction or withholding had been required.

11.3 If you fail to make any payment due to Us on the due date of payment, We will be authorized to charge late fees on the amount owed to You at the rate shown on the Program in advance.

tax

11.4 All payments to be made by You in relation to these Terms and Conditions and Loans are calculated without taking into account any tax payable by You. If any tax is payable in respect of the payment, You must pay us an additional Amount equal to the payment multiplied by the applicable rate of tax. You must do so at the same time you make a payment or whenever We make such a request, even after the end or termination of the relationship.

11.5 You hereby acknowledge and agree that We may withhold amounts in Your Account if any tax authority requires us to do so, or otherwise We are required by law or pursuant to an agreement with any tax authority to do so, or if We are required to comply with internal policies or by order any applicable or tax authority approval.

Payment

11.6 Principal, interest, Service Fees and taxes in relation to these Terms and Conditions and the Loan payable by You to Us must be paid by means of payment before/the date expected to be issued and displayed on the Program from time to time.

11.7 All payments must be in local currency in the Territory.

12. Default

12.1 An event of default occurs when You:

12.1.1 failure to pay any amount or installment (including all accrued interest, Service Fees and taxes) payable for the Loan granted under these Terms and Conditions for a period of fifteen (15) additional days unless the failure to pay is solely caused by administrative error or technical problem; or have been declared bankrupt.

12.2 At any time after an event of default has occurred which is ongoing, We may, without prejudice to any other right or remedy provided to it under Applicable Law:

12.2.1 terminate these Terms of Use in accordance with Section 13 herein;

12.2.2 declares that the Loan (including all accrued interest, Service Fee taxes and any other amounts outstanding under these Terms and Conditions) is due and payable immediately, where they shall be due and payable immediately;

12.2.3 provide information about the event of failure to pay to the Credit Reference Office. A copy of any negative information about You and your credit report sent to the Credit Reference Bureau will be provided to You upon written request; and

12.2.4 charge you late fees at the rate shown on the App in relation to Your default payment.

13. Duration and Termination

13.1 These Terms of Use will continue until terminated in accordance with their terms.

13.2 We may terminate these Terms and Conditions, and/or suspend or terminate Your use of the Platform, the Services and Your Account in whole or in part:

13.2.1 at any time for any reason by giving notice to You;

13.2.2 immediately, with or without notice, if You breach any provision of these Terms and Conditions, without prejudice to Our other rights and remedies;

13.2.3 if your account or agreement with a Mobile Network Operator or Mobile Money Provider is terminated for any reason;

13.2.4 where suspension or termination is necessary because of technical problems or for security reasons; facilitate updating or improving the content or functionality of the Service from time to time; where your Account ceases to function or is disabled;

13.2.5 if We are required or requested to comply with an order or instruction of or recommendation from a government, court, regulator or other relevant authority;

13.2.6 if We decide to suspend or terminate the provision of the Service for commercial reasons or for any other reason as We may determine in Our sole discretion;

13.3 Upon termination or expiration of these Terms of Use for any reason, You shall:

13.3.1 promptly (and in any event within three days), pay the principal, interest, Service Charges or taxes owed to Us (which shall be immediately due and payable upon termination); and

13.3.2 immediately delete and completely remove the App from Your Mobile Device.

13.4 Termination shall not, however, affect any rights and liabilities of either party.

13.5 The parties will have no further obligations or rights under these Terms of Use after the termination of the Terms of Use, without affecting any obligations or rights that have been on either side when they are canceled, except that the provisions of Articles 2, 3, 8, 11, 13 , 14, 17, and 18, of these Terms and Conditions and any other provision that is expressly or by its nature intended to survive, shall survive the termination of these Terms of Use.

14. Payment and Exclusion of Liability

Payment

14.1 You will defend, indemnify and hold harmless Us, our licensors and Affiliates of each such party and their officers, directors, members, employees and agents from and against any claims, costs, damages, losses, liabilities and expenses (including lawyers). fees and expenses) arising out of or in connection with:

14.1.1 Your breach of any provision of these Terms of Use or any Applicable Law; and

14.1.2 Your use of the System and/or Services, including:

14.1.2.1 any third party claims arising out of Your use of the Platform and/or Services;

14.1.2.2 any loss or damage that may arise from Your use, misuse, abuse or ownership of any third party software, including without limitation, any operating system, browser software or any software or software packages;

14.1.2.3 any unauthorized access to Your Account or any breach of security or any damage or access to Your data or any damage to or theft of or damage to any of Your Mobile Device; and

14.1.2.4 any loss or damage caused by your failure to comply with these Terms and Conditions and/or by providing incorrect information or loss or damage resulting from the failure or unavailability of third party equipment or systems or the inability of a third party. party to deal with any transaction or loss that may occur to us as a result of any violation of these Terms and Conditions.

Exclusion of Liability

14.2 We shall not be liable for any loss you suffer if the Service is interrupted or unavailable due to the failure of Your Mobile Device, or any other circumstances beyond Our control including, without limitation, Force Majeure or errors, interruptions, delays or unavailability of System, terrorism or any enemy action device, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

14.3 You acknowledge that the Software is not designed to meet Your individual needs, and therefore it is Your responsibility to ensure that the content and functionality of the Software as described meets Your needs.

14.4 We distribute the Software for personal use only. You agree not to use the Software for any commercial, business or sales purpose, and We have no liability to You for any loss of profits, loss of business, business interruption or loss of business opportunity.

14.5 We will not be liable for any loss or damage you suffer as a result of or in connection with:

14.5.1 any defect or error in the Software or any Service resulting from You changing or modifying the Software;

14.5.2 any defect or error in the Software resulting from You using the Software in violation of these Terms and Conditions;

14.5.3 Your breach of Section 6 hereof;

14.5.4 lack of sufficient funds in Your Account;

14.5.5 failure, malfunction, interruption or unavailability of the System, your Mobile Device, the network or the Mobile Money System; funds in Your Account are subject to legal process or other restrictions preventing payment or transfer thereof; Your failure to provide appropriate or complete payment or transfer instructions related to Your Account;

14.5.6 any fraudulent or illegal use of the Service, System and/or Your Mobile Device; or

14.5.7 Your failure to comply with these Terms and Conditions and any documents or information we provide regarding the use of the System and Services.

14.6 In no event shall We be liable to You for any loss of profit or expected savings or for any indirect or consequential loss or damage of any kind, howsoever caused, arising out of or in connection with the Service even where such loss is probable. or damage is reported to Us.

14.7 To the maximum extent permitted by Applicable Law, and unless otherwise specified in these Terms and Conditions, in no event shall our maximum liability extend to and in connection with the Software, System, Services and/or these Terms, whether in contract, breach, breach of statutory duty or otherwise, in excess of the Service Fees payable by You to Us in relation to the first event giving rise to a claim under these Terms and Conditions.

14.8 Unless otherwise specified in these Terms and Conditions, any claim you have against us under or in connection with the Software, Platform, Services or these Terms and Conditions must be notified to us within six (6) months after the events arise. for such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies you may have with respect to such claim.

14.9 We do not accept any responsibility to you for:

14.9.1 errors in the communication material which cannot be considered to be under Our control and which may affect the accuracy or appropriateness of the messages You send or the materials You access through the Software;

14.9.2 any loss or delay in the delivery of messages or material You access due to the use of any internet access provider or mobile network provider or caused by any browser or other software that is not under our control;

14.9.3 viruses that may infect Your Mobile Device or other property as a result of Your access to or use of the Software/Service or Your access to any material on the Software/Service;

14.9.4 any unauthorized use or copying of any message or information before it reaches the App or our servers from the App;

14.9.5 any unauthorized use or access to data relating to You or Your transactions that is held by Us (unless such use or access is caused by Our negligence, fraud or failure to comply with laws relating to the protection of Your data), to the extent permitted by Applicable Law;

14.9.6 any content provided by third parties.

15. Third Party Sites

15.1 We may introduce on the Service or the Application links and pointers to other websites or mobile applications that are operated and maintained by third parties (“Third Party Sites or Applications”). These links are provided as examples of information on topics that may be of interest to you. However, the establishment of any link to a Third Party Website or Software is not a recommendation or endorsement by us of any products, services, information, products, ideas or opinions that may be found on the Third Party Website or Software.

15.2 We make no warranties, express or implied, about the content of the Website or Third Party Software, including its accuracy, completeness, reliability or fitness for any particular purpose. We do not warrant that any Third Party Website or Software is free of any claims of copyright, trademark or other infringement. We do not warrant that the Site or Third Party Software is free of viruses or any other contamination.

15.3 You understand that Third Party Websites and Applications may have privacy policies that differ from ours and that Third Party Websites and Applications may provide less security than ours. The choice to access a Third-Party Website or Software, or to purchase or otherwise use any products or services advertised or offered on a Third-Party Website or Software is Yours, at Your sole discretion.

16. Consent to Receive Direct Marketing Communications

By using the Service, you agree to receive direct marketing communications from us. If you do not wish to receive marketing communications from us, you may opt out of receiving such marketing communications at any time by clicking on any "opt-out" facility embedded in the relevant message or you may express your choice where indicated in the relevant communication.

17. Dispute Resolution

17.1 These Terms of Use (and any and all disputes arising out of or relating to these Terms of Use (including any alleged breach of, or challenge to the validity or enforceability of, these Terms of Use or any provision herein)) to the laws of Tanzania except the law in Your Territory requires otherwise, in which case the governing law of these Terms of Use shall be Your Territory.

17.2 Any dispute, difference or question whatsoever arising out of or in connection with these Terms of Use, except as provided herein, shall be referred for final decision to a single arbitrator appointed by agreement between the parties or failing that. any agreement within seven (7) days after notification of any dispute by either party to the other party then, after the request of either party, by the Chairman of the Tanzania Arbitration Center.

17.3 The arbitration will be held in Dodoma and will be held in accordance with the Arbitration Rules (Rules of Procedure).

17.4 To the extent permitted by law, the decision of the arbitrator shall be final and binding on the Parties.

17.5 Nothing in this Section 15 shall prevent the freedom of a Party to commence legal proceedings of any kind for the purpose of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator. .

18. Principal

18.1 We shall not be liable for any delay or failure in performance arising from causes beyond Our reasonable control.

18.2 You will not disclose to anyone any confidential information about Our business, affairs, clients, customers or suppliers at any time or any of Our Affiliates.

18.3 You understand and agree that we may assign, transfer all or part of the rights of the creditor of the Loan at Our sole discretion from time to time without notice to You ("Transfer"). The above transfer shall not affect Your obligations under these Terms. You will make payments according to the instructions displayed by Us on the App.

18.4 We may amend these Terms and Conditions at Our sole discretion from time to time. We will use our reasonable efforts to notify you of any material changes to the Terms; however, You agree that it is Your responsibility to review the Terms and Conditions periodically and continued use of the Platform and Services will constitute Your acceptance of any modifications.

18.5 Each party's rights under these Terms and Conditions may be exercised as often as necessary, are cumulative and do not exclude rights or remedies provided by law and may only be waived in writing and specifically. Delay in the implementation or non-implementation of any right is not a waiver of that right.

18.6 These Terms of Use constitute the entire agreement and understanding of the parties regarding the subject matter of these Terms and Conditions and supersede any prior agreement or understanding between the parties regarding such subject matter. The parties hereby also waive all conditions expressly stated. In entering into these Terms and Conditions, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person except as expressly stated in these Terms and Conditions or expressly indicated by Applicable Law. Each party unconditionally and unconditionally waives all claims, rights and remedies that but for this Section it might otherwise have with respect to any of the foregoing. Nothing in these Terms excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.

18.7 You may not assign, sublicense, transfer, subcontract, or otherwise waive any of Your rights or obligations under these Terms of Use without Our prior written consent. We may at any time assign, sublicense, transfer, subcontract or otherwise waive our rights or obligations under these Terms of Use without notice or consent (save to the extent required by Applicable Law).

18.8 If any Court or competent authority decides that any part of these Terms and Conditions is illegal, invalid or unenforceable under Applicable Law, the remaining parts of these Terms and Conditions will remain in full force and effect and the relevant part will be replaced by a provision that is legal, valid and enforceable and which has, to the maximum extent possible, the same effect as the modified part of these Terms and Conditions.

18.9 A person who does not participate in these Terms and Conditions has no right to rely on or enforce any of the provisions of these Terms and Conditions.

18.10 We may give you notice through a general notice posted on the App or Platform or to your email address set forth in Your Account. You must give us notice by email to: [email protected]

18.11 All complaints and suggestions related to the System and Services can be made by sending an email to: [email protected]