Please read carefully before using Our Service.
This Agreement sets out the complete terms and conditions between you and us for the Service (as hereinafter defined) and shall be binding on your personal representatives and assigns.
These terms and conditions and any amendments or variations thereto take effect on their date of publication.
By accessing the Mobile App or using the Furaha Services, You agree that you have read, understood and agree to be bound by these terms and conditions, our Privacy Policy, which will be made available to you upon your registration, and any applicable Third Party Terms (together, this “Agreement”).It is important to read the entire Agreement carefully as some of the provisions affect your legal rights and obligations.
Further, if you are accessing the Furaha Services through the mobile application, then while these Terms and Conditions shall apply to such use, there may be additional terms (such as the terms imposed by App Store (iOS), Android’s (Google) Play Store, Microsoft’s store, from time to time which will govern the use of Mobile Application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms by way of reference.
Furaha reserves the right at any time, at its sole discretion, to change or otherwise modify these terms and conditions without prior notice, and your continued access or use of the Services signifies your assent/ratification of the updated or modified terms and conditions. If you object to these terms and conditions or any subsequent modifications to these terms and conditions in any way, your only recourse is to immediately terminate use of the mobile application. We may require you to agree to additional terms (if any) between you and Furaha in connection with specific services that you may avail from us from time to time.
In these terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:
Account means your Furaha Account, being the record maintained by Us of the amount of e-Money from time to time held by you. “Furaha Account” shall be used construed accordingly;
Agreement shall have the meaning as assigned to such term in the foregoing paragraph.
App means the mobile application platform provided by Furaha as an access channel where You initiate the Services.
Central Bank means the Bank of Uganda existing under the Bank of Uganda Act
Customer means any applicant or any person who has registered to use the Service and has accepted this Agreement.
Commencement Date means the date on which your Furaha Account is successfully registered and activated for use.
Content shall have its meaning as provided under clause 5.2.
CRB shall mean a Credit Reference Bureau that has been granted a certificate of registration under the Financial Institutions (Credit reference Bureau) Regulations of Uganda.
Credit Information shall mean collectively the credit information as defined under the Financial Institutions (Credit reference Bureau) Regulations of Uganda, credit information report, credit score, and other credit data and analysis reports received from the CRBs.
Customer Consent shall mean the consent procured from the Customer (which is obtained upon the Customer’s acceptance of these terms and conditions) in relation to access to information by Furaha on behalf of the Customer from a Partner such as from the CRB ,NITA etc.
Customer Data shall mean any data submitted by Customer in relation to the Services or Third-Party Service Offerings, including Personal Information and Sensitive Personal Information, as mentioned in the Privacy Policy.
Customer Verification shall mean the process followed by Furaha to ensure eligibility of the Customer to avail any Third-Party Service Offerings.
Data Protection Legislation means all statutes, laws, secondary legislation, regulations, guidelines and industry standards pertaining to privacy, confidentiality, banking secrecy and/or the protection of Personal Data including but not limited Data Protection and Privacy Act of Uganda and the rules, regulations, directions and guidelines issued under these legislations;
E-Money means the electronic monetary value depicted in your Wallet Account representing an equal amount of cash;
Equipment includes your mobile phone handset, SIM Card and/or other equipment/hardware/software which when used together enables you to access the Network and to facilitate use and operation of your Account;
Financial Services shall mean the services provided on the Platform which facilitates and connects the Lenders and Telecommunication Companies (Third Party Service Providers) to the Customers.
Furaha means Furaha Finserve Uganda Limited, a limited liability incorporated in Uganda under the Laws of Uganda
Furaha Services shall mean the service of providing the Customers with a lending Platform for purpose driven financing which facilitates and connects Customers to various Third Party Service Providers providing Financial Services, mobile financial services, payment aggregation, s etc. to the Customer, and any related services in relation to the lending product such as Customer onboarding, credit scoring,underwriting, product communication, collections, complaint management, customer reporting, publicity, marketing and technology-integration services provided by Furaha to Third Party Service Providers. “Services” shall be used construed accordingly
Furaha School Fees Loan shall mean the loan product offered to the Customer by the Lender.
Know Your Customer also known as KYC refers to the customer due diligence obligations prescribed by relevant laws and as may be prescribed or recommended by the Government or Bank of Uganda from time to time.
Lender shall mean a company licensed to carry on or conduct financial institutions business in Uganda and includes a commercial bank, merchant bank, mortgage bank, post office savings bank, credit institution, a building society, an acceptance house, a discount house, a finance house, an Islamic financial institution or any institution which by regulations issued under the Act is classified as a financial institution by the Central Bank
Loan Account means a Furaha Facility account held by a Customer with the Lender, which is opened and operated through the Furaha platform in accordance with the terms and conditions herein contained;
Manager means a person who is legally authorised to access funds in your Account in the event of your permanent disability;
Network means the mobile cellular network operated by any of the Telecommunication Companies or Telcos.
NIRA means the National Identification and Registration Authority, Uganda
Opt-in Function means the proprietary menu option developed by Furaha and available on USSD and Mobile App on Telco enabled SIM Cards and the Furaha App that enables an applicant to apply to Furaha Platform to register for the Service.
Opt-out Function means the proprietary menu option developed by Furaha and available on USSD and Mobile App on enabled SIM Cards and the Furaha App that enables an applicant to opt out of the Service.
Partner shall mean third party partners of Furaha from whom Furaha may obtain certain services in relation to the Platform and/or the Furaha Services, including but not limited to, the CRBs, verification companies, information repositories and such other parties as deemed necessary by Furaha in order to provide the Furaha Services.
Party refers to You or Furaha singularly.
Parties means You, and Furaha jointly.
Personal Information means personal identifiable information as prescribed in the Data Protection Legislation which includes but is not limited to name, address, phone number, identification number and location data and such other information that will enable us to identify you and comply with the regulatory “Know Your Customer”. “Personal Data” shall be used construed accordingly;
PIN means your personal identification number being the secret code used to access and operate your Equipment on Furaha Platform including but not restricted to access and use of the Service.
Platform shall mean the digital platform having the tradename and brand name Furaha, as operated and maintained by Furaha, the front-end version of which is accessible through the mobile and USSD.
Privacy Policy shall mean the Furaha privacy policy as provided by us to you when you register for the Furaha Services on how we collect, process and share your Personal Data;
Request means a request or instruction received by us from you or purportedly from you through the Network and the Platform and upon which we are authorized to act.
School Fees Aggregator Means fully registered institutions that offer Education Payments services in Uganda. For purposes of this Agreement, these include:
SIM Card means the subscriber identity module which when used together with other prescribed Equipment enables a Customer to use the Service;
Telecommunications (Telcos) Companies means:
Third Party Service Offerings shall mean the Financial Services, School Aggregator services, Telco Services provided by Third Party Service Providers to Customers on the Platform.
Third Party Service Providers shall mean service providers including Lenders, School Aggregators, Telcos who are onboarded on the Platform and from whom the Customers can avail the Third-Party Service Offerings
Third Party Terms shall mean the additional terms and conditions that the Customer may have to agree separately with the Third-Party Service Providers to avail any Third-Party Service Offerings.
Transaction means an agreement between you and a Third-Party Service Provider for the provision of Service on the Platform
USSD – Means the Unstructured Supplementary Service Data, which is a communications protocol used in GSM networks for sending instant short text messages. This channel may be provided for as a Furaha access channel where client initiates the loan request and has access to the loan details.
Username and Password means the credentials used to access and operate your Equipment on the App including but not restricted to access and use of the Service;
Wallet Account means your mobile money store of value, being the record maintained by your respective Telco provider of the amount of e-Money from time to time held by you in Telco mobile money platform.;
Wallet Service means the money transfer and payments service provided by Telco through the Network;
Wallet Subscriber means any person registered to use the respective Network to send or receive money or make payments.
Website shall mean www.Furahafinancial.com and/or the Mobile Application.
“We,” “our,” and “us,” means Furaha, as may be applicable, and includes our successors and assigns;
“You” or “Your” refers to You, as a Customer (as defined above) on the Platform
In these terms and conditions:
Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
Before opting-in or registering for the Service, you should carefully read and understand these terms and conditions as they govern the access, use and operation of the Service. These Terms and Conditions are available on www.Furahafinancial.com.
Do not click “Agree and Continue” if you do not agree with these terms and conditions.
You will be deemed to have read, understood and accepted these terms and conditions:
By registering for the Account, you agree to comply with and be bound by these terms and conditions (as amended and revised from time to time) which shall form a legally binding agreement between you and Furaha. The Furaha Account shall enable you access Services within the Platform. You affirm that these terms and conditions are without prejudice to any other rights that we may have in law or otherwise regarding your registration, access and use of the Account.
We may from time to time vary or amend these terms and conditions and your continued access and use of the Account constitutes your acceptance to be bound by the terms of any such amendment or variation.
You acknowledge and accept that the Lender offers the Financial Services only electronically and you agree to operate the Loan Account only by electronic means via the Furaha USSD or Mobile App. Any query and complaint you may have relating to the Financial Services and Loan Account shall be addressed to the Lender through contact channels as advised by us. For the avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled to receive or demand the Services offered through the Furaha USSD or App platform.
In order to open an Account, you must be a Ugandan national between 21 and 60 years old, residing in Uganda and a registered and active Wallet Subscriber. Your Wallet shall be authenticated and verified with the Telco. The Lender reserves the right to verify with the Telco for the authenticity and status of your Wallet Account.
Registration of your Account shall be done by providing the required Personal Information. When you register for the Account, you confirm and warrant that all information provided by you is true and accurate in all respects and you will inform us immediately if any changes to such information arises.
You may create an Account solely by way of an electronic application made by using your Equipment via the Furaha App or USSD
You hereby expressly consent and authorize us to disclose, receive, record or utilize your Personal Information or information or data relating to your Account with respect to the Service and any details on your use of the Service and other services as we shall advise you.
You hereby agree and authorize the Furaha to request the Telco for Personal Information relating to your use of the Wallet Service and Network as shall be required for purposes of providing you the Services (“Wallet Information”). You hereby consent to the disclosure of the Personal Information and the Wallet Information by the Telco and School Aggregators and to the aforesaid use of the Personal Information and the Wallet Information by Furaha.
You must not maintain more than one (1) Account. If at the time of commencement of these Terms and Conditions you maintain more than one (1) Account, we reserve the right to consolidate the Accounts into one. Such consolidation may require enhanced due diligence (including the submission by you of additional documentation as may be required). Additionally, we may require you to close off any extra accounts.
You hereby acknowledge and authorize us to verify your personal information against the information received from the Government of Uganda as contained in the NITA and/or from any other government agency and you further agree and consent to the disclosure and provision of such Personal Information to the Government of Uganda.
We reserve the right to request for further information from you pertaining to your application for the Account at any time. Failure to provide such information within the time required by us may result in us declining to accept your application for the Account or us suspending or discounting the Services.
Your registration shall be confirmed to you via an email and/or SMS notification from us on the Commencement Date.
You must not provide any false, inaccurate, incomplete or misleading information.
You are responsible for ensuring that your registration details are maintained up to date.
We may reject your registration at our discretion if any of the account opening requirements are not met or if you fail to provide us with satisfactory proof of identification.
We reserve the right to request further information pertaining to your Account at any time failure to which may result in limitation on usage of your Account and its Services, suspension or termination of the Account.
You may view a statement or activity report in respect of your Loan Account through the Furaha USSD or App using your Equipment (“Statement”). We need not issue a statement if no transaction has been recorded on the Loan Account since the previous statement. If you think there is an error on your Statement, you must notify us of the details of the error through the Furaha Customer contact channels within thirty (30) days after the date the Statement is made available to you. If you do not do so, we treat the statement as correct. Unless there is an obvious mistake the statement of account shall be conclusive evidence of the Transactions carried out on your Loan Account during the period covered in the statement.
You may exercise your data rights as a data subject by completing the relevant forms as provided by the Data Protection Legislation.
You may reach out to us through any of the customer care channels provided for on our Mobile Application or at www.Furahafinancial.com
The Services provided by Furaha are available and appropriate only for use in Uganda. Furaha only acts as an intermediary to enable Customers and the Third-Party Service Providers to interact with each other for their transactions and for availing the Third-Party Service Offerings provided herein. You hereby agree and accept that Furaha is not and shall not be a party to any agreements entered into or executed between your and Third-Party Service Providers. Further, you agree that Furaha has no control over the conduct of any Third-Party Service Providers or their Third-Party Service Offerings and disclaims any and all liability whatsoever arising in this regard to the maximum extent permitted by applicable law.
You may be required to accept and agree to be bound by Third Party Terms applicable to the specific Third-Party Service Offerings you choose. The applicable Third-Party Terms may be set out at the point of access to the relevant Third-Party Service Offerings. These Third-Party Terms are in addition to, and not in derogation of these Terms.
For details of the various Third-Party Service Offerings, the scope of such service provided, the term of the relevant Third Party Service Offering and the corresponding charges applicable, please refer to the relevant Third Party Terms.
There may be certain Partner terms and privacy policies which may be applicable to the Services, which may be appended to these Terms, set out at the point of access to the relevant Partner portals or referred at such other appropriate place. You are also responsible for reading them and complying with them. Any data that you submit to such Partners shall be governed by the Partner privacy policies. Furaha has no control over the conduct of any Partners and their use of data and disclaims any and all liability in this regard to the maximum extent permitted by applicable law.
All transactions undertaken on your behalf by Furaha will be on the basis of your express instructions/prior approval and will be strictly on a non-discretionary basis. Furaha only facilitates the availing of Third-Party Service Offerings from the Third-Party Service Providers. You fully understand and agree that the final decision of providing the Third-Party Service Offering will rest exclusively with the Third-Party Service Provider and the Third Party Service Provider is not obliged to accept any advice/recommendations provided by Furaha. Furaha is not responsible for any non-performance or breach of any contract entered into between Third Party Service Provider. Furaha cannot and does not guarantee that the concerned Third-Party Service Provider shall perform any transaction pursuant to the usage of the Platform. Furaha shall not and is not required to mediate or resolve any dispute or disagreement between Third Party Service Provider and the Customer.. Subject to applicable laws, Furaha shall also have the right, but not the obligation, to provide such information and documents, as reasonably required by any Customer in the course of its dispute or disagreement with a Third-Party Service Provider or any other Customer.
By accepting these Terms, you hereby request and expressly authorize Furaha and its employees or agents to communicate with you, and accept instructions from you or with your approval, (i) over the telephone by SMS or calls at the number you provide to Furaha (ii) by email at the email address you provide to Furaha; (iii) over video calls generated on the Platform (iv) in writing (including through documents uploaded by you through your Account or otherwise); (v) through ‘click to accept’ contracts and forms, and/or any other mode and form as may be determined appropriate by Furaha from time to time. You hereby consent to Furaha, at its sole discretion, recording all telephone calls between you and Furaha representative for any purpose whatsoever, however subject to applicable laws, and any such records of Furaha shall be conclusive and binding evidence of the fact and content of such communication. It is your responsibility to immediately notify Furaha of any change in your email address or telephone number. You hereby confirm that instructions / approval so provided by you will be valid, effective and binding on you without any further enquiry or due diligence as to identity of the person purporting to give such instruction / approval. Furaha may, in its sole discretion, seek further confirmation of any instruction / approval given or purporting to originate from you. You hereby specifically consent that Furaha shall be entitled to use any Customer Data or data/information Furaha derives from your transaction or usage patterns on the Platform for any cross selling of service offerings or promotion of new offerings in the manner determined by Furaha from time to time, provided that you have not withdrawn your consent.
For as long as your Account remains active, Furaha may, from time to time, recommend Services or Third-Party Service Offerings. We shall not be held liable or responsible for any recommendation we provide regarding any Third-Party Service Provider or Third-Party Service Offering. Any such recommendation is not an endorsement, certification or guarantee by Furaha about any Third-Party Service Provider and is only intended to be useful information for you to make an informed decision. The ultimate decision regarding the appropriateness of any Third-Party Service Offering is exclusively yours and you should exercise due caution and/or seek independent advice/due diligence before entering into any financial decision. Furaha shall not be a party to and shall not be responsible or liable for any transactions, interactions, conduct or communications between you and Third-Party Service Provider, on or through the Website or otherwise. Furaha may receive a facilitation fee from the Third-Party Service Providers and any other third-party banks / credit institutions and you hereby confirm that you have no objection to the same.
Furaha may at its discretion introduce any new Services and Third-Party Service Offerings, from time to time.
Furaha shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any event beyond the reasonable control of Furaha, including without limitation, fire, flood, explosion, acts of god, terrorist acts, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, acts of third parties beyond Furaha’s reasonable control, security breaches, power shut down, faults or failures in telecommunication or internet services or unauthorized access to computer systems (“Force Majeure Event”).
You may use the Platform and the Services solely for your own use, subject to the terms of this Agreement that you may accept and agree to be bound by. We grant you a non-sub-licensable, revocable, non-transferable, non-exclusive, limited period license to use the Platform, but solely as necessary to use the Furaha Services and in accordance with the Agreement. All of our rights not expressly granted by this license are hereby retained.
All content, data, design, information or other materials available on and Content ”), including but not limited to software underlying the Website or which are required for accessing or using the Website, images, text, layouts, arrangements, displays, illustrations, photographs, graphics, audio and video clips, HTML files and other content, logos, trademarks and other trademarks that may be used on the Website are the property of Furaha and/or its licensors and are protected by copyright and/or other applicable intellectual property right laws. You are not permitted to copy, reproduce, scrap, publish, perform, communicate to the public in any manner whatsoever, transmit, sell, license, distribute or transfer in any manner whatsoever, adapt, modify, translate, disassemble, decompile or reverse engineer, create derivative works from, or in any way use or exploit the Website, the Furaha Services, the Content or any part thereof. You shall not remove or obliterate any copyright, trademark or proprietary rights notices from the Content or the Website and shall reproduce all such notices on all authorized copies of the Content. Any use of the Website, the Service and/or Content in violation of these Terms may violate copyright, trademark and other applicable laws, and could result in appropriate legal action. Notwithstanding anything contained in this Agreement, Furaha may at its discretion, provide the Third Party Service Providers with an option to replicate and use the Content, including images, as available on the Platform, which may have been provided by Furaha or other Customers, for cataloguing the products on the Platform or any other permitted purposes. In the event Furaha provides such feature, you hereby acknowledge and agree that the other Third-Party Service Providers may use the Content provided by you; and upon such usage, Furaha and the relevant Third-Party Service Providers shall not be liable in any manner under applicable laws or otherwise and you shall not have any claim or objection whatsoever against such usage.
Furaha’s role in providing the Platform to you is limited to that of a facilitator. Furaha does not initiate any transactions entered between Customers or between Customers and Third-Party Service Providers on its Platform. Furaha does not select or modify any information provided by Customers, including but not limited to information with respect to transaction, conversations and listings. Furaha will not be liable for the content generated or published in listings, chats or conversations between Customers or with Partners and Third-Party Service Providers on its Platform.
You shall not use the Platform the Furaha Services, the Content or any part thereof for any purpose that is unlawful or not permitted by these Terms. You will not display or upload any photo, picture, illustration or graphic representation which may violate the proprietary rights or copyright of any other person and you shall ensure that you are authorized to upload or display such materials. Without prejudice to the generality of the above, you shall not use the Platform, the Furaha Services, the Content or any part thereof to host, display, upload, modify, publish, transmit, update or share any information that:
Further, you shall not use the Furaha Platform if you deal in any counterfeit goods or illegal goods or restricted goods or services as may be prescribed from time to time by Furaha. If you are, or if we have reasonable cause to suspect that you are, in violation of this clause, Furaha reserves the right to immediately restrict, suspend, or terminate your access to the Platform and/or use of the Furaha Services. Furaha will not be responsible for any claims arising out of any violation of these Terms that have taken place without its knowledge.
In the event of any downtime or data breach, hacking or such other incident on the Platform or Website, which may or may not adversely affect you, your sole remedy shall be as set out under paragraph 15.1 below and you shall not directly or indirectly post any offensive or derogatory content against Furaha or any of its affiliates, in any media including social media, in any form whatsoever.
Further, by availing the Furaha Services, you hereby expressly acknowledge that Furaha shall at its discretion, be entitled to use your name, etc in any marketing materials, promotional materials or advertisements of Furaha or its Platform and Furaha shall deemed to have acquired a license for such usage and you shall not raise any objection in this regard.
We hereby agree to:
All Transactions are concluded by and between Third-Party Service Providers and Third Party Service Providers only. You shall complete the Transactions in accordance with the applicable agreement and the relevant Third-Party Service Providers’ terms, rules and policies. You agree that you will not hold us and our affiliates or agents liable for any Transaction or services supplied under any Transaction.
You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for provision of the Services. If your failure to do so results in any delay in the provision of any Services or cancellation of any Transaction, neither We nor our affiliates shall be liable for any loss or damages arising from such delay.
If in our sole opinion based on reasonable evidence, any Customer is not acting in good faith, is abusing the Services, or is in breach of this Agreement, we shall have the right to request the relevant Customer to cancel the Transaction.
You as the Customer shall be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any services supplied through the Services or otherwise arising from the Transaction.
You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the Account and the Services.
You shall be responsible for ensuring the proper performance of your Equipment. We shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall we be responsible for any computer virus or related problems that may be associated with the use of the Account, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Platform and we shall not be responsible for losses or delays caused by any such service provider.
You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by us concerning the use of the Account and Services.
You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your PIN secret and secure. You shall ensure that your PIN does not become known or come into possession of any unauthorized person. We shall not be liable for any disclosure of your PIN to any third party and you hereby agree to indemnify and hold us harmless from any losses resulting from any PIN disclosure.
You shall take all reasonable precautions to detect any unauthorized use of the Account and the Services. To that end, you shall ensure that all communications from us is examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the Account will be detected.
You shall immediately inform us through the Service Centre in the event that:
You shall always follow the security procedures notified to you by us from time to time or such other procedures as may be applicable to the Service from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Service is not used, or Requests are not issued, or the relevant functions are not performed by anyone other than a person authorized to do so.
You shall not at any time operate or use the Account in any manner that may be prejudicial to us.
You hereby irrevocably authorize us to act on all Requests received by us from you (or purportedly from you) through the Account and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
If you request us to cancel any transaction or instruction after a Request has been received by us from you, we may at our absolute discretion cancel such transaction or instruction but shall have no obligation to do so.
We shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, we believe that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
We are authorized to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws.
In the event of any conflict between any terms of any Request received by us from you and this Agreement, the terms of this Agreement shall prevail.
We may close any Account that has been inactive for a period of one (1) year upon issuance of a thirty (30) days’ notice to you.
You may close your Account at any time as long as you do not have any outstanding liabilities. The Account shall be closed in accordance with these Terms and our procedures. Please reach us on any of our customer care channels to request for account closure.
Any refunds due to you will be made via mobile money to the phone number registered in your Account.
We shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within our control including, without limitation, force majeure or error, interruption, delay or non-availability of the Account, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
We will not be liable for any losses or damage suffered by you as a result of or in connection with:
If for any reason other than a reason mentioned in subparagraphs 12.1 or 12.2, the Services are interfered with or unavailable, our sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
Save as provided in subparagraph 12.3 we shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
Under no circumstances shall we be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to us.
All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
You acknowledge that the intellectual property rights in the Account (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that we provide to you through the Account or otherwise are vested either in us or in other persons from whom we have a right to use and to sub-license the Account and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the Account and associated documentation without our prior written consent.
In consideration of us complying with your instructions or Requests in relation the Account, you undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee or claim which we suffer or incur or sustain thereby and you absolve us from all liability for loss or damage which you may sustain from us acting on your instructions or requests or in accordance with this Agreement.
The indemnity in clause 14.1 shall also cover the following:
All demands, claims, actions, losses and damages of whatever nature which may be brought against us or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond our control interruption, or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by us.
Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
Any unauthorized access to your Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
Any loss or damage occasioned by the failure by you to adhere to this Agreement and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by us as a consequence of any breach by this Agreement.
Any damages and costs payable to us in respect of any claims against us for recompense for loss where the particular circumstance is within your control.
Your Account may be terminated or suspended at any time by notice to you via email and/or SMS, if you have, in our reasonable opinion:
In case of any fraudulent or illegal use we reserve the right (acting reasonably) to refuse to open another Account on your behalf or any other services or Products offered by us.
Any termination of your Account is without prejudice to any accrued rights or remedies that you or we may have.
We may cancel or terminate this contract without the consent of any third party who might benefit from the terms or have enforceable rights under our contract.
We may at any time, without notice to you, terminate our business relationship with you and require the repayment of outstanding debts resulting therefrom within such time as we may determine.
We will conduct due diligence and vigilance on accounts and transactions at any given time and without notice to you, in a bid to ensure that there are no activities ongoing therein that are contrary to this clause.
We retain the right to refuse to open an account or to process a Transaction where it is suspected that you are or the transaction is criminal, fraudulent, or in contravention of the provisions of this clause.
You undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee or claim, which we suffer or incur or sustain as a result of your involvement in the activities prohibited under this clause.
You may cancel registration and close your account at any time through your Equipment.
Termination shall however not affect any accrued rights and liabilities of either party. Notwithstanding the termination rights stated herein, the obligations you have with Furaha and any Third Party Service Provider, with regards to ongoing Services, will survive the termination of this Agreement until such time the Services granted to you expire or are terminated by Furaha or the respective Third Party Service Provider.
If we receive notice of your demise, we will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.
This Agreement terminates automatically upon the death of the Customer who has signed up for the Account Services.
Without prejudice to the provisions of clause 15.11, where we receive notification of the death or mental incapacity of an Account holder, we shall suspend all Account activity until satisfied that the relevant provisions of the Mental Health Act (as the case may be) have been followed.
A Manager (in the event of permanent incapacity) shall, upon request by us, produce letters of administration/grant of probate (in the event of death) or a court order authorizing the person to manage the estate (in the event of permanent incapacity) or such other document as may be prescribed.
If the Courts appoint a Manager, as the case may be, we shall rely on such appointment of Manager in its decision to transmit funds held to the credit of your account to the Manager upon the event of your death or permanent incapacity (as the case may be).
Upon termination, your right and license to access and/or use the Platform or avail any the Services immediately ceases; your Account will be deactivated. Further, your personal information that is in the possession of Furaha will be dealt with in accordance with our Privacy Policy.
Collection of information and Processing of Personal Data. You consent to us collecting your Personal Data from you and where we are required by law to collect certain personal information and are legally obligated to deny you the service if such information is not availed. Apart from the legal obligation mentioned above, You consent to us processing your Personal Data and sharing it among our Third Party Service Providers:
We are committed to respecting and protecting the privacy of the information we collect from you. You shall have the right to:
We recognize the importance of protecting the privacy of all information provided by you as per the Data Protection legislations. You hereby consent to the use of your personal data and any of the provided information for the following purposes:
Your contact details may be used to supply, by telephone, email or SMS, information to you about us and to send you occasional marketing material, which we think you might find valuable.
You can unsubscribe to any non-mandatory notifications at any time by contacting the us through the details provided in the App or the Platform.
By choosing to provide us with Personal Information and through your use of the Platform, you hereby give us your consent and agree that authorised third parties, including affiliates, associate partners/business partners, will be granted access to your Personal Information. Within the confines of the Data Protection Legislation, we may transfer or otherwise make available your Personal Information to authorised third parties for various purposes including, to process information on our behalf, including service providers, to process any Transactions and to operate certain features on the Platform.
Further, such third parties may obtain Personal Information that you voluntarily submit to them to make use of the Products being provided by them. We are not responsible for the collection and use of your Personal Information by these third parties. We assume no liability whatsoever for any disclosure of Personal Information due to unauthorised third party access or other acts of third parties, or any other acts or omissions beyond our reasonable control.
In the event we are required to respond to court orders or other legal process, your Personal Information may be disclosed pursuant to such court order or legal process, which may be without notice to you.
Further, we also reserve the right to disclose your Personal Information to third parties, in accordance with applicable law, where a complaint arises concerning your use of the Platform, where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person and where we believe, in our sole discretion, that your use is inconsistent with our Terms.
You acknowledge that we are not responsible for the privacy policies or content practices of Third-Party Service Provider websites and such websites are subject to their own terms and conditions and privacy policies and are not covered by this Agreement.
Electronic Contracts
You accept and acknowledge that:
No variation can be made to these Terms and Conditions except by us. Nothing said or done by any of our employees is capable of varying these Terms and Conditions.
We may at any time, with notice to you:
You undertake to be bound by any variation to the operation of the Furaha USSD or App if you continue to access the Services after we notify you of the variation.
The terms of this Agreement (as may be amended from time to time) shall form a legally binding agreement binding on you and your personal successors.
No time or other indulgence granted by us to you will constitute a waiver of any of its rights under these Terms or at law and we will not be precluded from exercising any such rights against the You.
If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected and nor shall the validity or enforceability of any other provision of this Agreement.
We reserve the right to defer delivery of the Account Services or to cancel the contract between us, if we are prevented from or delayed in the carrying on of our business and our obligations under our contract due to circumstances beyond our reasonable control including, without limitation, acts of God, or acts of any government or government authority or agency, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes.
We make no representations or warranties as to continuous, uninterrupted or secure access to the Account Services, which may be affected by factors outside our control, or may be subject to periodic testing, repair, maintenance or upgrades.
You warrant that you shall not submit any Transaction that you know is illegal, fraudulent and restricted.
You warrant that you shall use the Platform in good faith, in accordance with these terms and in accordance with the applicable laws.
We warrant that they are duly registered and have the full capacity, and authority to enter into this agreement and discharge the obligations and responsibilities created herein.
We further warrant that no element of this transaction constitutes a breach of any existing law, regulation, patent, copyright, or other intellectual property in its country or countries of domicile and operation.
Each party warrants to the other that these terms and conditions constitute a legal, valid and binding obligation, enforceable against it in accordance with the terms and obligations therein and no provision hereunder is in conflict with any of the party’s obligations under its constitutional documents, applicable law or any other document, charter or agreement to which the party is subject.
You shall not be entitled to assign, transfer or dispose of any of your rights or obligations under this Agreement herein to any person without the prior written consent of us.
We may however assign, charge, subcontract or transfer the contract or any part of it to any person.
Any person who is not a party to our contract shall not have any right to enforce any term of the contract, which expressly or by implication confers a benefit on that person without our prior written agreement.
The Services made available through the Furaha USSD or App will be available for use at the times set out in any applicable guidelines or otherwise notified to you. Routine maintenance requirements, excess demand on the systems and circumstances beyond our control may mean it is not always possible for the Services to be available during all times, which you accept.
The availability and proper functioning of our Services depends on many variable circumstances, including location, mobile network and internet availability, signal strength, and proper functioning of hardware, software, your mobile network operator and mobile phone.
You accept that we may suspend the availability of Services temporarily at any time for maintenance and upgrading of services without notice to you.
Complaints shall be made from the client contact channels provided for the Furaha Mobile App or USSD.
Upon receiving a complaint, we shall provide the complainant with a prompt written acknowledgement within forty eight (48) hours and resolve the complaint within fourteen (14) working days. For complaints not resolved within fourteen (14) working days, written updates should be forwarded to the customer on the progress in resolving the complaint, once in every seven (7) days.
You may contact us as provided for under Clause 26 to report any disputes, claims or Account discrepancies.
Any dispute arising out of or in connection with these terms and conditions that is not resolved by the us shall be referred to a Ugandan Court of Competent Jurisdiction.
To the extent permissible by law, the determination of the court shall be final, conclusive and binding upon the parties hereto.
This Agreement, its validity, construction and performance shall be governed by, and construed in accordance with the laws of Uganda. Any claims arising from this Agreement shall be subject to Ugandan law.
We may send information concerning the Platform and/or your Account via SMS to the Telco Mobile Phone number associated with your Account. In some cases, our notices and communications may be made as public announcements in daily newspapers or posted on our website.
Our notices and communications to you are effective:
You may not assign this Agreement and any rights or liabilities accruing thereunder to any other person.
No failure or delay by either yourself or us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.
You have the right to seek independent legal counsel in order to fully understand the implications and potential consequences of agreeing to these Terms and Conditions prior to clicking the “Agree and Continue” button. You shall be deemed to have read, understood and accepted to be bound by these Terms and Conditions (Which may be amended by us from time to time) by selecting the “Agree and Continue” button.
Furaha Finserve Uganda Limited is a financial technology business which acts as a software-based intermediary platform. The company does not provide loans or credit directly, and does not operate a payment system, act as a payment service provider or issue a payment instrument.
