Please read carefully before using Our Service.
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. The term “Furaha Account” shall be 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.
Approved Credit Limit means the maximum aggregate principal amount of credit, on a non-revolving basis, that the Lender agrees to make available to You, the Customer. This limit is determined at the Lender’s sole discretion based on the Customer’s creditworthiness, repayment history, other alternative data points, and in accordance with the Lender’s prevailing Credit Policy. In line with the Approved Credit Limit, You may access the release of the Approved Credit Limit in multiple portions, provided that:
Central Bank means the Bank of Uganda existing under the Bank of Uganda Act.
Customer means an applicant or a person who has registered to use the Service and has accepted the Terms and Conditions under 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 to collect and provide lenders with consumer credit information.
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 obtained from the Customer upon the Customer’s acceptance of these terms and conditions, acknowledged and agreed exclusively by providing an electronic signature or a One Time PIN (OTP) and/or The Customer’s unique personal Wallet PIN on the Furaha Account registering the Mobile Number that serves as the primary method for authorizing transactions. The consent authorizes automatic debits on The Customer’s Wallet for scheduled or overdue instalment payments and the access to information by Furaha and Partner Banks on behalf of the Customer from Partners including Telecommunication Companies, School Fees Aggregators, Credit Reference Bureaus, Financial Institutions, and NITA etc.
Customer Data shall mean any data collected or submitted by a 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 to The 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) with the Customers.
Furaha means Furaha Finserve Uganda Limited, a limited liability incorporated in Uganda under the Laws of Uganda.
Furaha Services shall mean the provision of a lending Platform for purpose driven financing by facilitating and connecting Customers with various Third Party Service Providers providing Financial Services, mobile financial services, payment aggregation, and other services in relation to the lending product including 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.
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 but is not limited to a commercial bank, merchant bank, mortgage bank, post office savings bank, a microfinance and deposit taking institution, 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. A Loan Account will be classified as an App Account if The Customer is successfully registered through The Mobile Application with the KYC completed, and as a USSD Account if The Customer is successfully registered through the USSD channel. A USSD Account is converted to an App Account when the USSD registered Customer successfully completes the Mobile App registration process.
Manager means a person who is legally authorised to access funds in Your Account in the event of a permanent disability or incapacity.
Network means the mobile cellular network operated by any of the licenced 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 MTN Mobile Money USSD-*165# on Telco enabled SIM Cards and on the Furaha Mobile App that enables an applicant to access the Furaha Platform and register consent for the use of Service on terms and conditions as provided.
Opt-out Function means the proprietary menu option developed by Furaha and available on MTN Mobile Money App USSD-*165# on Telco enabled SIM Cards and the on Furaha App that enables an applicant to register 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 Lending 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 “Know Your Customer” requirement. The term “Personal Data” shall be construed accordingly.
PIN means Your personal identification number being the secret code used to authenticate Your identity for access into Your Account on the 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 Application and the USSD option.
Privacy Policy shall mean the Furaha privacy policy as provided to You upon registration for the Furaha Services on the collection, processing and sharing of Your Personal Data.
Request means communication 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:
School Fees Loan refers to the loan facility provided to the Customer by the Lender for purposes of paying school fees. The loan has a fixed tenornure of three ninety (903) monthsdays commencing from the date of the last drawdown.. Each issued loan is subject to an independent Application Fee of 3% on eachthe disbursed amount if fromor a Mobile App Account and an independent Application Fee of 5% on each disbursed amount if fromor a USSD Account. An interest rate of 5% per month will be applied to the original total (consolidated) principal Loan Amount issued throughout the loan period, including interest accrued in the period between two drawdowns.. A penalty of 5% will be applicable on an overdue instalment amount that remains unpaid after expiry of a grace period of 3 days after the ninety (90) days period. The overall duration of the loan may extend beyond this 90-day period if the final drawdown occurs on a different calendar date than the initial drawdown.
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, and 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 is provided as a Furaha access channel where The Customer initiates the loan request and has access to the loan details.
Username and Password means the credentials used to gain access to Your Account on the Mobile 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 in Your digital account in the Telco’s mobile money platform.
Wallet Service means the money transfer and payments service provided by a Telco through a Network.
Wallet Subscriber means any person registered on the respective Network to send or receive money or to 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 its 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
By opting-in or registering for the Service, It is agreed that You have carefully read and understood 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.
By clicking on the “Agree and Continue” option and/ or by sustaining Your usage of the Service through Your Furaha Account, it is deemed that you have read, understood and accepted these terms and conditions.
By registering for the Service, 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. Any such changes will be communicated to You at least thirty (30) days in advance. Your continued access and use of the Account after the effective date of the amendment shall constitute Your acceptance to be bound by the revised Terms and Conditions.
You acknowledge and accept that the Lender offers the Financial Services only electronically and You shall subsequently operate the Loan Account electronically via the Furaha USSD or the Mobile App. Any query and complaint that You may have relating to the Financial Services and Loan Account shall be addressed to the Lender through contact channels as advised by Us.
In order to open an Account, You must be a Ugandan national between 21 and 70 years old, residing in Uganda and a registered and active Wallet Subscriber. Your Wallet shall be authenticated and verified with the respective 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 and confirming the accuracy of the required Personal Information. You shall commit to communicate any changes to such provided information when arises.
You may create an Account solely by way of an electronic application made via the Furaha App or through the USSD channel.
You hereby expressly consent and authorize Us to disclose, collect, 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 authorize Furaha to obtain from the respective Telco, Your Personal Information relating to Your use of their Wallet Service and Network as shall be required for purposes of providing You with the Lending Services on its platform (“Wallet Information”). You hereby expressly consent to the disclosure of the Personal Information and the Wallet Information by the Telco and School Aggregators to Furaha and to the aforesaid processing of Your Personal Information and the Wallet Information by Furaha.
You must not maintain more than one (1) Profile. If at the time of commencement of these Terms and Conditions You hold more than one (1) Profile, we reserve the right to consolidate the Profiles into one. Such consolidation may require enhanced due diligence (including the submission by You of additional documentation as may be required). Additionally, we shall require You to close off any other Profiles.
You hereby acknowledge and authorize Us to verify Your personal information against the information received from the Government of Uganda as filed with 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 You for further information pertaining to Your application for the Account at any time. Failure to provide such information within the prescribed time, may result in us declining Your application for Account registration or suspending or terminating the Services.
Your registration shall be confirmed to You via an email and/or SMS notification from us on the Commencement Date.
You must provide sufficient Know Your Customer (KYC) documentation, i.e. National Identification Number (NIN) and Live face image. For the purpose of this Agreement, sufficient identification shall be a national identity card, which will be verified against Your Personal Information held by the Telco, NIRA and corroborated with Your live face image.
You hereby expressly authorise Furaha to use such information as shall be obtained from the KYC documentation, for purposes of this Agreement. Our data handling procedures and guidelines are detailed in our Privacy Policy available on our website, and which forms part of these Terms and Conditions. You possess and retain the right to withhold Your personal information where these Terms and Conditions as read with our Privacy Policy are not acceptable to You. This shall affect Furaha’s decision to complete Your registration process towards issuing You with the required Services.
All information provide must be true, accurate, complete and legitimate.
You are responsible for ensuring that Your Account registration and Account ownership details are constantly updated and for all instructions issued to Us in relation to Your Account.
Furaha reserves the right to reject Your Application for Account opening 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 for further information pertaining to Your Account at any time. Your failure to provide this information may result in limited access to Your Account and on available Services, suspension or termination of the Account.
You shall have access to Your Account statement or activity report in respect of Your Loan Account through the Furaha USSD or Mobile App using Your Equipment (“Statement”). We do not commit to issue a statement if no transaction has been recorded on the Loan Account since the previous statement. Where there is an identified error on Your Statement, You are required to notify Us of the same through the Furaha Customer contact channels within thirty (30) days from the date the Statement. Failure to submit a complaint shall be deemed as an acceptance of the Statement as correct. The Statement of account shall be conclusive evidence of the Transactions carried out on Your Loan Account during the period covered in the Statement.
By using this service, You consent to Furaha obtaining and processing Your personal data, sharing it with authorised data controllers and processors and transferring it across borders as may be necessary for the provision of the Service and in accordance with local and international You Data Protection Legislation.
You may reach out to us through any of the customer care channels provided on Our Mobile Application or at www.Furahafinancial.com
The Services provided by Furaha can only be accessed while in Uganda only. Furaha acts as an intermediary to provide Customers and the Third-Party Service Providers with a platform to interact with each other for their transactions and for availing the Third-Party Service Offerings described herein. Furaha is not and shall not be a party to any agreements entered into or executed between You and Third-Party Service Providers. Further, Furaha has no control over the conduct of any Third-Party Service Providers or their Third-Party Service Offerings and disclaims all liability whatsoever arising in this regard to the maximum extent permitted by applicable law.
You shall 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, term and corresponding charges applicable, please refer to the relevant Third Party’s Terms.
There may be certain Partner terms and privacy policies which may be applicable to the Services, and which may be appended to these Terms, and 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 all liability in this regard to the maximum extent permitted by applicable law.
All transactions undertaken on Your behalf by Furaha will be based on Your express instructions/prior approval and will be on a non-discretionary basis. Furaha only facilitates the availing of Third-Party Service Offerings from the Third-Party Service Providers.
In all transactions initiated by You for access to loans, the Approved Credit Limit represents the maximum aggregate principal amount of credit, on a non-revolving basis. The final decision of providing the Third-Party Service Offering rests exclusively with the Third-Party Service Provider and the Third-Party Service Provider is not obliged to accept any advice/recommendations by Furaha. Furaha is not responsible for any non-performance or breach of any contract entered between You and The 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 mediate or resolve any dispute or disagreement between You and The Third-Party Service Provider. Subject to applicable laws, Furaha may exercise its right, to provide such information and documents, as reasonably required by any Customer in the course of a dispute or disagreement with a Third-Party Service Provider or with any other Customer.
By accepting these Terms, You expressly authorize Furaha’s employees, agents or representatives to communicate with You, and to act on Your instructions 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 that Furaha, at its sole discretion, shall record all telephone calls between You and Furaha representatives for any purpose whatsoever, but subject to applicable laws, and any such records 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 the 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 expressly consent that Furaha shall be entitled to use any Customer Data or data/information that it obtains from Your transactions or usage patterns on the Platform in the 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.
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 for Your decision making. The ultimate decision regarding the appropriateness of any Third-Party Service Offering is exclusively Yours and You shall exercise due caution and/or seek independent advice/due diligence before entering 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 the Third-Party Service Providers.
Furaha may at its discretion introduce new Services and Third-Party Service Offerings, from time to time and market the same directly or through its Partners.
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 shall only use the Platform and the Services for the intended Purpose and subject to the binding terms of this Agreement. We grant You a non-sub-licensable, revocable, non-transferable, non-exclusive, limited period license for the use of the Platform. Furaha retains its rights and interests in and to its intellectual property and any derivatives thereof. All content, data, design, information or other materials available 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 for other permitted purposes. You hereby acknowledge and agree that Furaha and the relevant Third-Party Service Providers shall not be liable in any manner under applicable laws or otherwise for the lawful sharing of information and You shall not have any claim or objection whatsoever against such information sharing and usage.
Furaha’s role in developing and owning the Platform 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, modify or influence any information provided by Customers, including but not limited to information with respect to transaction, conversations and listings. Furaha will not be liable for 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 Furaha Platform, Services, and Content 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. Without prejudice to the generality of the above, You shall not use the Furaha Platform, Services, and Content or any part thereof to host, display, upload, modify, publish, transmit, update or share any information that:
Further, You shall not register for the use of the Furaha Platform if You deal in any counterfeit 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 to the use of 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 11.1 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 accessing the Furaha Platform and Services, You hereby expressly acknowledge that Furaha shall at its discretion, be entitled to use Your personal information in any marketing materials, promotional materials or advertisements of Furaha or its Platform and Furaha shall be deemed to have acquired consent for such usage.
We hereby agree to:
All Transactions are successful as a result of the interoperability of Third-Party Service Providers. You acknowledge that all transactions must be completed in accordance with the applicable Agreement and the relevant Third-Party Service Providers’ terms, rules and policies. You agree and accept that there are certain inherent risks of the Service and the presence of multiple Parties providing the Service and that You will not hold Us and Our Partners or agents liable for any damages or loss arising through no fault of Furaha.
To provide to Us all necessary information, materials and approvals through the provided customer care channels, and render all reasonable assistance and cooperation necessary for provision of the Services. Where failure to do so results in delay in the provision of any Services or cancellation of any Transaction, neither We nor Our affiliates shall be liable for the loss or damages arising from such delay.
To act in good faith by exercising honesty, fidelity and transparency and to access and use the Service as provided and permitted by the terms and conditions.
To pay any taxes, duties or other governmental levies and financial charges as may fall due from the Transaction.
To provide parental/guardian consent to obtain and use a minor’s name and associated data for processing school fee
On or before the due date of the advanced Facility, to initiate the repayments of all due loan amounts through Your Account on the Mobile Application and on other channels that We may provide in future.
To give irrevocable consent for automatic recovery of the Facility in full together with Interest and Fees from Your mobile money wallet account. You acknowledge that, to effect these instructions, Furaha will engage the telecommunication Partners who shall automatically debit the amounts due from the credits deposited or received into Your mobile money wallet Account at any time until the Facility is cleared in full.
To repay the Facility in full together with any outstanding Interest and Fees within the Facility Term or to have the Account suspended or terminated.
To permit the use of funds available in Your mobile wallet account to be applied towards repayment of the amount due in the following order of priority:
First in repayment of all Interest and Fees; and
Secondly towards repayment of the Facility.
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 are solely responsible for keeping your PIN secure and confidential. You shall report all cases of unauthorized access or fraud resulting from the compromise of Your PIN to the respective Telco. We shall not be liable for any disclosure or access of Your PIN to any third party.
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 communication from Us is verified and validated by You or on Your behalf as soon as practicable 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 number if:
You have reason to believe that Your PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or
You have reason to believe that there has been an unauthorized use of the Services and a transaction may have been fraudulently executed.
You shall always follow the security procedures provided 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 the person registered or 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.
A request to cancel any transaction or instruction issued shall be effected at the discretion of Furaha.
We reserve the right to accept and to act upon incomplete or ambiguous Requests, if, in our absolute discretion, We believe that We can correct the incomplete or ambiguous information within the Request without any reference to the Customer being necessary.
We are authorized to effect such orders in respect to Your Account as may be required by any Court Order or competent authority or agency under Applicable Laws.
In the event of any dispute in the processing of any Request received by Us from You, the terms of this Agreement shall prevail.
Any Account that remains inactive for a period of one (1) year shall be deactivated upon issuance of a thirty (30) days’ notice to the Customer.
You may initiate the closure of Your settled Account at any time through Our customer care channels. Account Closure shall be done in accordance with this Agreement and our internal procedures.
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 intermittent or be unavailable by reason of (a) the misperformance 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 because of or in connection with:
You acknowledge that the intellectual property rights inherent in the Account (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that We provide 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.
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 13.1 shall also cover the following:
We may at our discretion suspend or close your Account at any time for any reason upon issuing you with one (1) weeks’ notice and making reasonable attempts to reach you via email and/or SMS, if you have, in our reasonable opinion:
Collection of information and Processing of Personal Data. You consent to Us collecting Your Personal Data and where we are required by law to collect certain personal information, we 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 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 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 authorized 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 authorized 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 unauthorized 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.
Credit Reference Bureau
In connection with the facility, You do give Your consent to Furaha or its Third Party Service Providers to do the following in light of Regulation 22 of the Financial Institutions (Credit Reference Bureaus) Regulations No. 106 of 2022:
You have a right to;
By accepting these Terms and Conditions, You consent to collecting, storing, using and processing Your Personal Information in physical, electronic or other form, for the purpose of utilizing the Furaha service product facility (ies). You consent to Furaha and its agents transmitting and sharing r personal information with any regulatory body or Furaha’s agents or representatives in any jurisdiction which Furaha or the agents considers has adequate measures of protection for Your personal information in place, in compliance with the Data Protection and Privacy Act Cap. 97 and any other related laws.
You accept and acknowledge that:
No variation of this Agreement shall be effective unless it is in writing and signed as authorized by Us through Our authorized representatives.
We may at any time, with due notice issued to You:
You undertake to be bound by any variation to the operation of the MTN MoMo USSD *165# or App by continuing 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.
Complaints shall be made in person at the customer care centre, in writing, by post or email using the telephone or email contacts on the Furaha Website.
If all the above avenues fail, please use the contacts below if Your account is subscribed on MTN.
Please use the contacts below if Your account is subscribed on Airtel.
If Your account is subscribed on either MTN or Airtel, You may use the below contacts:
MTN MoMo, Airtel Money and Furaha will take all reasonable measures within its means to resolve Your complaints within a reasonable time.
All complaints will be handled in accordance with MTN Mobile Money’s, Airtel Money’s and Furaha’s complaints handling procedures, which are available on request from any branch or the customer care centre. Where a notification regarding Your complaint or any other matter is expected from Furaha, MTN Mobile Money and Airtel Money but not received, You may lodge a further complaint within a reasonable time after a non-receipt of search notification.
Please note that applicable tariffs will be charged by Your telephone and internet service provider(s) when communicating with the customer care centre.
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 potential disputes or disputes, claims or Account discrepancies.
Any dispute arising out of or in connection with these terms and conditions that is not resolved directly by 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 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.