TERMS, CONDITIONS AND PRIVACY POLICY FOR eMAISHA PAY

Introduction

Welcome to eMaisha Pay, a platform where MSME’s can obtain non collateralised loans to finance their businesses. This platform can be accessed through our application in Playstore or website. The following terms and conditions apply to all users of eMaisha Pay, including those that use the eMaisha Pay dashboards, eMaisha Portals, eMaisha Pay Wallet, eMaisha pay app and any other eMaisha Pay products, innovations, and/or functionalities. By using eMaisha pay services, you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern eMaisha pay’s relationship with you in relation to this product. This User Agreement is effective upon acceptance for all users. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Before you use eMaisha Pay’s web/app payment and credit service, you must read and accept all of the terms in, and linked to, this User Agreement and the eMaisha pay Privacy Policy.

Definitions:

“eMaisha” or “us” or “we” refers to the owner of the product (app and website) that offers online payment and credit services whose registered -**office is Plot 390, Prof. Nsibambi Road, Kayiwa Zone, Namirembe, Kampala-Uganda. “User” or “you”- refers any person, business or entity that utilizes the product or services of eMaisha Pay through the eMaisha Pay website, card and/or app. “Receiver” or “recipient”-refer to a person that benefits from a transaction from a sender (She/He receives money though the service “Transaction”- refers to an order to send or receive money. “Beneficiaries”- These are accounts you send money to that is not an eMaisha account for example: to a bank account, a mobile money account or any other account that is not eMaisha. “eWallet” or “Wallet”- This is a digital store of cash. You can view your cash balance from your eWallet. “borrower”- refers to account holder who has obtained a working capital loan for their business.

Acknowledgment

The user acknowledges and agrees to be bound by the terms and conditions stated herein. The User acknowledges to have read, and understood all the terms and all conditions for using eMaisha Pay. The User acknowledges being an adult and having come of the age with capacity to legally enter into such contracts, without a temporary or indefinite suspension from using our services or site/app. The User agrees to use eMaisha Pay services and agrees to pay charges or fees for the services as per eMaisha Pay’s pricing policy. The User agrees to give in authentic personal identification details that prove their identity. These include but are not be limited to National Identification a Card and/or Passport. The User agrees to provide authentic personal information upon registration and at all other times that is accurate, true, current and complete and agrees to update this information as necessary. The user will not use any automatic device or manual process to monitor or copy our website.

Services provided by eMaisha Pay.

EMaisha Pay is a credit platform where MSMEs can apply for and obtain credit at favourable interest Rates. Credit will be given according to the transparent credit score shown on the eMaisha platform. This credit score determines a borrower’s credit worthiness and incorporates the risk attached to the borrower. The credit offered by eMaisha pay is working capital credit and is attributable to the purpose for which the borrower specifies in the application. Where the purpose for the loan is widely varied from the initial purpose, due diligence will be done by the eMaisha Pay team, and the necessary adverse actions may be taken. Credit amounts maybe limited based on the usage of the User’s eMaisha accounts, and eMaisha’s knowledge about the User. eMaisha pay may require you to provide more personal information in order to complete certain transactions especially when applying for Credit. The User must contact the customer support to obtain help through emaishapay.com. A borrower may choose to obtain their money through third parties like mobile money, Visa cards etc. These are third party organisations and eMaisha Pay is not responsible for their maintenance, services or any charges that may be incurred therein.

Service Restrictions, Loan Repayments, Error resolutions and Refunds.

You covenant that while using eMaisha Pay online payment and credit services, app or site, you will not violate any laws, third party rights or our policies. eMaisha Pay partners with financial institutions-and third party integrators to make loan payment processing possible, and is therefore not responsible for any inaccurate or incomplete information that maybe input for transactions that have already been processed outside the accounts of eMaisha Pay.
Loan Repayments: It is incumbent upon a borrower to repay their loan and interest liabilities as the liability falls due as per instalments and loan repayment schedule agreed upon in their loan agreement.
Cancellations: A user may cancel a loan/ transaction at any time before it has been successfully completed. Completion means that money has left our account and has been transferred to the borrower. Upon receipt of the loan, the borrower is liable for all loan payments and interests due to that particular loan. In the event that a User enters a wrong number or gives any wrong information and they need a reversal of the transaction, the original amount entered shall be less the commission that is deducted by the payment or Credit system and only the balance due shall be reversed.
Error resolutions: Where errors have been made and a user seeks resolution, the User will contact eMaishapaysupport.com upon which a resolution will be made. Where the user is unsatisfied with the way the matter has been resolved and wishes further legal involvement, eMaisha pay and the User will solve the matter amicably through arbitration by a neutral arbitrator appointed by a court.

Security Warranties

You warrant to eMaisha Pay that, in your use of the product, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further warrant to eMaisha pay that: (i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your information; (ii) eMaisha Pay will not be required to make any payments to any third party in connection with its use of your information, except for the expenses that eMaisha pay incurs in providing the Services; and (iii) the use of any instructions, formulae, recommendations, or the like contained in your information will not cause injury to any third party.

Copyrights and Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the product Apps and websites are registered and unregistered trademarks of eMaisha Pay. Nothing contained on the Product App/website should be construed as granting any license or right to use any trademark without the prior written permission of the owner. The written content displayed on the product App/website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author. Disclaimer of Warranties In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold eMaisha Pay responsible, for any damages or losses (including, but not limited to, loss of money) resulting directly or indirectly from: Your use of or your inability to use our services, and Delays or disruptions in our services

Limitation of Liability

You agree that the eMaisha pay’s entire liability, and your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the balance available after deductions by the payment system from the amount you paid for such service(s). eMaisha pay shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. Limitation of legal obligations No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.

Disputes and Arbitration

You and eMaisha Pay agree that any and all disputes or claims that have arisen or may arise between you and eMaisha Pay relating in any way to or arising out of this User Agreement, you shall be resolved exclusively and amicably through final and binding arbitration, rather than in court, except that this does not limit your right to redress in an appropriate court.

Account closure

As permitted by the Ugandan Law, eMaisha pay reserves the right to temporarily suspend your account if no transaction has occurred in 6 consecutive months. The user will reactivate his/her account through any means that will be available on the eMaisha Pay website at the prevailing time.

Termination

eMaisha Pay may suspend or terminate your use of the App/website or any service if it believes, in its sole and absolute discretion that you have breached a term of these terms and conditions.

Modification

eMaisha Pay reserves the right to revise and amend the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of the product constitutes agreement to any revision of the terms and conditions of this Agreement. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated, otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective.

General

In our sole discretion, we may assign this User Agreement, by providing notice of such assignment. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

PRIVACY POLICY

Your privacy is important to us, and maintaining your trust and confidence is one of our highest priorities. We respect your right to keep your personal information confidential and understand your desire to avoid unwanted solicitations This privacy policy discloses the privacy practices for eMaisha Pay. This privacy policy applies solely to information collected by this web site

Acquisition of Client Information

We are the sole owners of the information collected on this App/site. We only have access to/collect information that you voluntarily give us through contact with you in completing the transactions offered on our App/website. We will not sell or rent this information to anyone or to any institution for selfish gain.

Disclosure of Non-public Information

Our Company policy is never to disclose non-public information about our clients. Non-public personal information is defined as any publicly available information that we acquire by using information you have provided us in connection with any professional services we perform for you, which is not public information. In a generic sense, any information that you provide us that involves financial product or service is likely considered non-public personal information and receives the same protection from disclosure as all other information about you. However, to the extent permitted by law certain non-public information about you may be disclosed in the following situations:

To comply with Court summons.

As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record. To provide information to affiliates of eMaisha Pay and non-affiliated third parties who perform services or functions for us in conjunction with our services to you, but only if we have a contractual agreement with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed.

Security Arrangements

We take precautions to protect your information. When you submit sensitive information via the App/website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on the App/website. We value your business and are committed to protecting your privacy. Please call us if you have any questions or if we can be of further service.

Notices

All notices required or permitted to be given under this user agreement will be in writing and sent to the other party by electronic mail. All notices will be deemed received 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated.