Please read carefully before using Our Service.
Thank you for volunteering to participate in the Beta Test.
Your participation is voluntary. If you do not wish to participate, please do not proceed further.
Please read these Terms of Participation in the Beta Test carefully.
Note: The Beta Test is a closed beta testing and not open to the public. Further only the mobile app is within scope in the Beta Test
These terms and conditions (these “Terms“) apply to your participation in the Beta Test (as defined below) conducted by Furaha Finserve Uganda Limited (“Furaha“, “us”, “we”, “our”). These Terms are effective as of the date you first agree to or accept them (whether via an online click-through or a signed agreement or by using the Beta Mobile App)(the “Effective Date”).
These Terms apply to the Beta Test and each product and all services Furaha agrees to provide to you via the Beta Mobile App, and are in addition to and shall be read in conjunction with Furaha’s Customer Terms (collectively, the “Other Furaha Terms”). To the extent of any conflict or inconsistency, these Terms shall prevail over the Other Furaha Terms.
In these Terms, unless otherwise specified, the following words shall have the following meanings:
“Beta Mobile App” means the beta or pre-released version of the mobile app made available to you under the Beta Test that may be released later and replace the existing mobile app.
“Beta Test” means the technology validation and testing of the Beta Mobile App in a live production environment.
“Confidential Information” means all proprietary and confidential information of Furaha and/or its Representatives relating to the Beta Mobile App and the Beta Test, including those of their customers, clients, personnel or suppliers or third party service providers, whether commercial, financial, technical or otherwise (whether oral, in writing, machine readable or in any other form) and material (whether electronically recorded, in writing or otherwise) which by its very nature should obviously be treated as secret and confidential or which is designated as such, in connection with the Beta Test. Examples of Confidential Information of Furaha include but is not limited to, information relating to the development, marketing or distribution of released or unreleased versions of the Beta Mobile App, instructions on how to download or access the Beta Mobile App and the fact that the Beta Test is being conducted.
“Data” means any and all data and information collected via the Beta Test, including your personal information.
“Direct Losses” means any direct financial losses incurred by the Beta test participant as a result of system unavailability or malfunction leading to levying of additional fees, interest, charges or penalties that would otherwise not have been levied if the system was working efficiently.
“Evaluation Purpose” means the purpose of evaluating and analysing the Beta Mobile App and Data received under the Beta Test in order to improve Furaha’s products and services.
“Harmful Code” means computer program virus, drop dead device, Trojan horse, time bomb, back door device, or other code that is harmful, destructive, disabling or which assists in or enables unauthorised access to, or use or modification of, any system or deliverable.
“Period” means the duration or period of these Terms which shall begin on the Effective Date and, unless terminated earlier in accordance with these Terms, will continue until a date (as amended by Furaha from time to time in its sole and absolute discretion) as informed to you.
“Representative” means Furaha’s directors, officers, employees, professional advisers (including auditors), third party service providers, agents or independent contractors.
“Submissions” mean any information or feedback (including responses to surveys and questionnaires) provided to Furaha (via a third party service provider or otherwise), in respect of your participation in the Beta Test (which may be conducted during or after the Period).
Provided you comply with these Terms, Furaha grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable licence to download and use the Beta Mobile App or any other software application provided under the Beta Test on a device or electronic equipment that you own or operate with an operating system as well as any other minimum eligibility requirements that satisfies the requirements of Furaha as informed to you.
Furaha may at any time, in its sole and absolute discretion and without prior notice, restrict, suspend or terminate the licence granted in Clause 2.1 above and/or your access to all of any part of the Beta Mobile App.
Furaha may suspend or terminate the Beta Test (in whole or in part) at any time for any reason immediately upon notice to You.
Except for the licence granted under Clause 2.1 above, you shall not have any right, title or interest in the intellectual property of the Beta Mobile App or in any other software application provided under the Beta Test prior to, on or after the Effective Date. Intellectual property rights in the Beta Mobile App or any other software application related to the Beta Test shall remain with Furaha or licensed to Furaha.
You shall not: (i) copy, modify, make derivative works based on, or publicly display or perform the Beta Mobile App or any other software application under the Beta Test (or any portion thereof); (ii) distribute, sell, rent, lease, transmit or transfer the Beta Mobile App or any other software application under the Beta Test (or any portion thereof); or (iii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence or organisation of the Beta Mobile App or any other software application under the Beta Test.
These Terms are effective on the Effective Date and shall expire at the end of the Period, unless terminated earlier in accordance with these Terms.
These Terms may be terminated by Furaha at any time for any reason immediately upon notice to you.
You may withdraw your participation in the Beta Test before the end of the Period by settling your obligations and thereafter uninstalling the Beta Test App
Upon the expiration or termination of these Terms:
Furaha may modify or add to the features, functionalities and services of the Beta Mobile App or the scope of the Beta Test (including, but not limited to, upgrades, bug fixes, patches and new versions)(“Modification”) in Furaha’s sole and absolute discretion.
If Furaha proceeds with the Modification, we may require you to promptly adopt the Modification as a condition of your continued use of the Beta Mobile App. Furaha or its Representatives may provide you with prior notice of the Modification. However, if the Modification is for the proper functioning or security of the Beta Test or the Beta Mobile App (or any other systems or networks), then we may not give you prior notice and you agree that Furaha and/or its Representatives are not under any obligation to provide such Modification.
Furaha reserves the right to vary or amend these Terms (as Furaha may inform you from time to time). You agree that your continued use of the Beta Mobile App constitutes your agreement to any variation or amendment to these Terms.
You agree to use the Confidential Information solely as necessary to participate in the Beta Test.
You shall not during the Period or thereafter disclose or make available to any person or entity or organisation or use, copy, adapt or alter for any purpose any Confidential Information obtained by you from Furaha and/or its Representatives, without the prior written consent of Furaha.
You, as the recipient party of the Confidential Information, shall treat and keep the Confidential Information confidential and take all necessary precautions to ensure that all Confidential Information is held in confidence (whether communicated orally, in writing, electronic form or otherwise) unless you can demonstrate such Confidential Information was publicly available at the time of disclosure or has subsequently entered the public domain, except as a result of a breach of these Terms.
Without prejudice to any other rights or remedies that Furaha may have, you agree that damages is not an adequate remedy for any breach of this Clause 6 (Confidentiality) and that Furaha is entitled to seek an injunction, specific performance and other equitable relief for any threatened or actual breach of this Clause 6 (Confidentiality).
You shall upon Furaha’s request, delete, destroy or return the Confidential Information and storage media of Furaha in a manner to the sole and absolute satisfaction of Furaha. Upon Furaha’s request, you shall certify that deletion or destruction has taken place.
This Clause 6 (Confidentiality) shall survive termination or expiry of these Terms.
Furaha and/or its Representatives may send notices and communications to you in connection with the Beta Test using various communication channels (including, without limitation, email). This may include providing you with instructions from time to time which you need to follow and instructions not to use the Beta Mobile App between certain hours and on certain days.
You shall promptly provide Submissions to Furaha and/or its Representatives in a manner in accordance with Furaha’s instructions for the Evaluation Purpose.
Under the Beta Test, you agree:
You represent and warrant that:
All personal information provided to Furaha in connection with the Beta Test and under these Terms is subject to the [Customer Terms], [our privacy statement and other legal notices published in our website] and any other documents forming part of our agreement.
Without limiting the terms of the [Customer Terms], [our privacy statement and other legal notices published in our website] and any other documents forming part of our agreement, by accepting these Terms and participating in the Beta Test, you agree to the collection, use and disclosure of your personal information by Furaha and shared with its Representatives, including in the screenshots you provide which may contain information about your account(s), transactions, products and services, for the purpose of administering the Beta Test.
The Beta Mobile App and the Beta Test and each product and all services Furaha provides to you via the Beta Mobile App are provided “as is” and solely in the absolute discretion of Furaha. Certain features or functions might not be available, might be suspended, or might not always work.
Furaha does not represent or warrant that:
the Beta Mobile App and the Beta Test will meet your requirements;
the Beta Mobile App and the Beta Test will be uninterrupted, timely, secure or error-free;
the Beta Mobile App and the Beta Test are fit for a particular purpose or does not infringe any third party proprietary rights; or
any errors in the technology in relation to the Beta Mobile App and the Beta Test will be detected or corrected.
You agree that your usage of or inability to use the Beta Mobile App and participation in the Beta Test is at your sole risk.
There may be functional issues during the Beta Test which result in a failure, error or delay in reporting accrued interest, fees, charges or outstanding balances. This does not mean we are waiving such accrued interest, fees, charges or balances. Furaha will only be liable to you for direct losses incurred by yourself during the Beta Test.
During your participation in the Beta Test, Furaha is not obligated to provide you with any maintenance, technical or other support for the Beta Mobile App.
Under the Beta Test, unless a law prohibits us from excluding or limiting our liability, we are not liable for any loss you incur save for direct losses in connection with our agreement or services (including in connection with the provision, access or use of any product, unavailability or improper functioning of the Beta Mobile App, delay or error in the transmission of any electronic payment transfer, delay in providing you funds under our agreement, misrepresentation, your or an authorised person’s instructions or any unauthorised instructions, a default, termination of any of our agreements, our refusal to act on any instruction, or any other thing we do or do not do). This applies where the loss arises for any reason and even if the loss was reasonably foreseeable or we had been advised of the possibility of the loss.
We are not responsible for the negligence, act or failure to act of any third party and will not be involved in any dispute between you and any third party service provider (whether or not appointed by us).
You shall indemnify us from all loss and damage which we may incur in connection with: (i) any breach by you of Clause 2 (Licence) above; (ii) your participation in the Beta Test in a manner not in accordance with any instructions from Furaha (including any improper use of the Beta Mobile App); and (iii) any third party claim in relation to the Submissions.
Under the Beta Test, Furaha is not liable for any loss you incur in connection with our inability or delay in receiving or executing instructions or unavailability of funds or any product due to any circumstances beyond our control.
This Clause 10 (Exclusion of Liability) shall survive termination or expiry of these Terms.
You agree to comply with all laws, rules and regulations applicable to you when participating in the Beta Test.
You must obtain and maintain a device or electronic equipment and data connection which meet the requirements as mentioned in Clause 2 (Licence) above at your own expense.
If you inform Furaha that the security of or access to your Beta Mobile App or security code has been compromised or that the device or electronic equipment which you use to access the Beta Mobile App is lost or stolen, Furaha may require you to change the security code, re-register for the Beta Mobile App or cease the use of the Beta Mobile App. You are responsible for: (a) the security code used to access the Beta Mobile App; and (b) the security of your device or electronic equipment.
These Terms are governed by the laws of Uganda.
The parties submit to the non-exclusive jurisdiction of the Ugandan courts.
You must not assign or transfer your rights and obligations under these Terms to anyone. Furaha may assign or otherwise deal with our rights under our agreement (including any particular product or account) in any way Furaha considers appropriate under these Terms.
No waiver by Furaha shall be effective unless it is in writing. No waiver of a breach by Furaha shall be construed as a waiver of any subsequent breach. No failure to exercise, nor any delay in exercising, on the part of Furaha, any right or remedy shall operate as a waiver of such right or remedy.
These Terms do not create or confer any rights or benefits enforceable by any person not a party hereto; except:
If and to the extent that an applicable law is inconsistent with these Terms in a way that would otherwise have the effect of making:
then the law overrides these Terms to the extent of the inconsistency, and these Terms will be read as if that provision were varied to the extent necessary to comply with that law and avoid that effect (or, if necessary, omitted) and without affecting the validity of any remaining provisions.
Should you or your family member of friend(s) leave the employment of Furaha, any member of the Standard Chartered Bank Uganda, (as a permanent staff or otherwise) or Opportunity Bank Uganda Limited before the end of the Period, Furaha will not construe it as your automatic withdrawal of participation in the Beta Test. Beta Testing withdrawal will be governed by clause 4.3, and the proviso of the terms under Clause 6 (Confidentiality) above.
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.
