General Terms & Conditions

Effective 1st October 2023

BACKGROUND

Huza Financial Services Ltd (hereinafter referred to as “Huza” or the “Company”) is a company incorporated and registered in Rwanda with its registered office is situated at 1 KG 6 Ave, Rugando, Kigali, Rwanda and TIN number 119874560. The Company has received a non-objection letter from the National Bank of Rwanda to operate as a Non Deposit-Taking Financial Institution and to offer the specified financial services.

These terms and conditions are applicable to the users (hereinafter referred to "you" or "your" or “Customer” or “user”) who access and use the Huza Finance mobile application (the "App"), available on android and iOS platforms. By accessing the App, the users agree to be bound by these terms and conditions along with the Data Privacy & Protection Policy. These terms and conditions along with our Data Privacy & Protection Policy describe our relationship with you and will be subject to the rules, guidelines, policies, terms, and conditions applicable to any specific service that is provided through this App. The collection, storing, use and transfer of information shared by you shall be governed in accordance with the Company’s Data Privacy & Protection Policy and the laws of Rwanda.

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 “Accept” button. By clicking the “Accept” button, you indicate that you have read, understood and agreed to be bound by these terms and conditions (as may be amended, supplemented and varied from time to time).

EXPRESS CONSENT

By clicking “Accept”, you provide express consent to the terms below:

You agree and understand to abide by all the terms & conditions, policies and agreements of the Company for accessing the App and availing the Services under these terms and conditions.

All transactions undertaken on your behalf by the Company are based on your express consent and will be strictly on a non-discretionary basis. You also authorize the Company to get fetch and access:

• Credit information reports from one or more licensed credit bureaus from time to time.

You agree and authorize the Company to record your mobile application screen (through appropriate means) during the loan application journey on the Company’s platform.

You consent to the Company collecting and using technical information about your mobile device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the App.

You are authorizing the Company to disclose, use, maintain and share your information with its financial partners as may be required. Such information will include but not limited to your full name, e-mail address (official and personal), gender, photograph, date of birth, mobile number, employer details, contract details, salary history, financial information such as bank account information, and other data required for Know Your Customer compliance with AML/CFT regulations. You also understand that on the basis of such information provided by you, the Company undertakes the necessary assessments to generate the best available offers to fit your customized financial needs.

You agree and understand that the Company shall be entitled to take any such legal action as it may deem fit, upon occurrence of any of the events of default as set out and agreed in the separate Credit Agreement.

You further agree and understand that the Services accessed through the App shall be governed by the Credit Agreement. You confirm that you have seen the Credit Agreement and agree to the provisions contained therein.

You further give your explicit consent to receive communications, notices and information from the Company electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when the Company sends the electronic communication to your email address / phone number as per the records, or when the Company posts the electronic communication on the App.

You also understand and agree that by using the App you hereby authorize the Company and its affiliates to contact you for any follow up calls in relation to the Services provided through the App and for offering or inviting your interest in availing any other product or service offered by the Company.

You agree and consent to receive communications relating to all of the above on your phone number or email address provided on the App.

You understand and acknowledge that, you shall be solely responsible for all the activities that occur under your account while availing the Services and accessing the App. You declare that the Company shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services.

By usage of the Services and accessing the App, you shall be solely responsible for maintaining the confidentiality of your account and for all other related activities under my account.

You understand and acknowledge that the App’s operation and the Service on your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.

You agree that the Company reserves the right to accept or reject your registration for the Services without the obligation of providing an explanation to you.

WITHDRAWAL OF CONSENT

If at any point of time during or after the Service, the user has any concerns on the withdrawal of consent provided then the user can reach out to the relevant contacts listed under the Grievance section, the relevant team will get back to the user on related requests and concerns raised.

The user hereby also agrees that in the condition of not providing the consent or withdrawing the consent during the tenure of service for which the provision of the Services, the user will no longer have access to the Services. Nevertheless, even if access to the Services is withdrawn, the Credit Agreement between the user and the Company remains in effect until all outstanding loans are fully repaid.

TERMINATION

The Company reserves the rights to suspend and terminate use of the Services and the user’s access to the App without giving prior notice, without any liability and providing adequate reason at its sole and absolute discretion.

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. Upon termination for any reason, the user agrees to immediately stop using the App.

AMENDMENTS

The Company reserves absolute right to make any changes and amendments to the App and this terms and conditions at any time as it deems fit and proper, including but not limited to comply with changes in any law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company reorganization, market practice or customer requirements. Your continued use of the Company’s Services constitutes acceptance of any such changes and agreement to be bound by the updated terms and conditions. In case any such changes are impacting the Services provided under these terms and conditions, the Company will notify you of the updated terms and conditions on the App. If you do not agree to any such proposed changes, you may discontinue use of the Services and App.

From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded and installed the latest version of the App and accepted any new terms and conditions.

USER OBLIGATIONS

You shall at your own expense provide and maintain in safe and efficient operating order your electronic device necessary for the purpose of accessing the App and the Services (the “Equipment”).

You shall be responsible for ensuring the proper performance of your Equipment. The Company shall not be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall the Company be responsible for any computer virus or related problems that may be associated with the use of the App, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with any network connections and the Company 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 & Conditions concerning the use of the App and the Services.

You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your access credentials (“Credentials”) secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorized person. The Company shall not be liable for any disclosure of your Credentials to any third party and you hereby agree and indeed, indemnify and hold the Company harmless from any losses resulting from any disclosure or use of your Credentials.

You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from the Company are 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 App will be detected. You shall immediately inform the Company in the event that:

8.6 You shall at all times follow the security procedures communicated to you by the Company from time to time or such other procedures as may be applicable to the Services 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 Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.

INDEMNIFICATION, LIMITATION OF LIABILITY AND DISCLAIMERS

You agree to indemnify and hold the Company (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this Terms and Conditions, your violation of any law or the rights of a third party, any dispute or litigation caused by your actions or omissions, your negligence and fraud committed by you.

The Company shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within the Company’s control including, without limitation, Force Majeure or error, interruption, delay or non-availability of the App or mobile network operator, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.

The Company will not be liable for any losses or damage suffered by you as a result of or in connection with:

• any defect or fault in the App or any Service resulting from you having altered or modified the App;
• any defect or fault in the App resulting from you having used the App in breach of the terms of this Agreement;
• your breach of any of these Terms & Conditions or Credit Agreement;
• failure, malfunction, interruption or unavailability of the App, your Equipment, the Network or a mobile money system; the money in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof; your failure to give proper or complete instructions for payments or transfers relating to your Account;
• any fraudulent or illegal use of the Services, the App and/or your Equipment; or
• your failure to comply with this Agreement and any document or information concerning the use of the App and the Services.

If for any reason other than a reason mentioned above, the Services are interfered with or unavailable, the Company’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

Save as provided in the clause above, the Company shall not be liable to you for any interference with or unavailability of the Services, however caused.

GOVERNING LAW AND JURISDICTION

Any issues and disputes arising out of the Services, the App, these terms and conditions & other policies including any other disputes involving you and the Company shall be governed by and construed in accordance with the laws of Rwanda. You agree that any legal action or proceedings arising out of the above may be brought exclusively in the competent courts having jurisdiction in Rwanda and irrevocably submit themselves to the jurisdiction of such courts. You understand that the Company may need to share information that you provided on the App to satisfy applicable law, regulation, legal process or an enforceable governmental request.

GRIEVANCES

You have rights to file complaints/share feedback in case you are disappointed with the Services rendered by the Company. You can submit your grievances/queries as per the following details: