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 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 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 authorize the Company to disclose, use, maintain and share your information with its financial partners as may be required. Such information will include but not be 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, based on the 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 legal action as it may deem fit, upon occurrence of any of the events of default 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 its provisions.
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 communication to your email address / phone number as per the records, or when the Company posts the communication on the App.
You also understand and agree that, by using the App, you authorize the Company and its affiliates to contact you for any follow-up calls regarding 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 or liable for any claims, damages, or disputes arising out of your use or misuse of the Services.
By using 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 your account.
You understand and acknowledge that the App’s operation and the Service on your electronic device is subject to the 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.
WITHDRAWAL OF CONSENT
If at any point during or after the Service, you have concerns regarding the withdrawal of consent provided, you can reach out to the relevant contacts listed under the Grievance section; the relevant team will respond to your requests and concerns raised.
You agree that if consent is not provided or is withdrawn during the tenure of service for which the provision of the Services has been made, you will no longer have access to the Services. Nevertheless, even if access to the Services is withdrawn, the Credit Agreement between you and the Company remains in effect until all outstanding loans are fully repaid.
TERMINATION
The Company reserves the rights to suspend and terminate your use of the Services and your access to the App without prior notice, without any liability and without providing an adequate reason at its sole 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, you agree to immediately stop using the App.
AMENDMENTS
The Company reserves absolute right to make any changes and amendments to the App and these terms and conditions at any time as it deems fit, including but not limited to comply with changes in any law or regulation, correct inaccuracies or reflect changes in the process flow, nature of the 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 such changes impact the Services provided, the Company will notify you of the updated terms on the App. If you do not agree to any 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 your electronic device necessary for accessing the App and the Services (the "Equipment").
You shall ensure the proper performance of your Equipment. The Company shall not be responsible for any errors or failures caused by any malfunction of your Equipment, nor for any problems 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 acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and keeping your access credentials (“Credentials”) secret and secure. You shall ensure that your Credentials do not become known or come into possession of unauthorized persons. The Company shall not be liable for any disclosure of your Credentials to any third party, and you agree to indemnify and hold the Company harmless from any losses resulting from the disclosure or use of your Credentials.
You shall take all reasonable precautions to detect any unauthorized use of the System and Services. You shall ensure that all communications from the Company are examined by you or on your behalf immediately after receipt to detect any unauthorized use of or access to the App. You shall inform the Company immediately if:
- You suspect that your Credentials are known to any unauthorized person; or
- You suspect that unauthorized use of the Services has occurred or could occur.
You shall at all times follow the security procedures communicated to you by the Company or applicable to the Services. 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 by anyone other than an authorized person.
INDEMNIFICATION, LIMITATION OF LIABILITY AND DISCLAIMERS
You agree to indemnify and hold the Company (and its officers, directors, agents and employees) harmless from any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, including reasonable attorneys' fees, arising out of or related to your breach of these Terms and Conditions, violation of any law, rights of a third party, or negligence and fraud committed by you.
Notwithstanding anything to the contrary, the Company (including its officers, directors, employees, representatives, affiliates, group companies and providers) will not be liable for any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, connected with:
- any failure or delay in using any component of the App, including the Services,
- any use of the App or content,
- performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other;
- any damages to or viruses that may infect your computer equipment or property due to access to the App or downloading content from it.
The Company shall not be responsible for any loss suffered by you if the Services are interfered with or unavailable due to Equipment failure or circumstances outside of the Company’s control, including, but not limited to, Force Majeure events or failures in public or private telecommunications systems.
You acknowledge that the App has not been developed to meet your individual requirements, and it is your responsibility to ensure that the facilities and functions described meet your needs.
The Company will not be liable for any losses or damages suffered by you as a result of:
- defects in the App resulting from alterations made by you,
- use of the App in breach of these Terms & Conditions,
- any unauthorized access, use or fraudulent use of the Services and/or Equipment,
- failure to comply with this Agreement.
If for any reason, other than those stated above, the Services are interfered with or unavailable, the Company’s only liability under this Agreement shall be to restore the Services as soon as practicably possible.
GOVERNING LAW AND JURISDICTION
Any disputes arising out of the Services, the App, these terms and conditions, or other policies shall be governed by and construed in accordance with the laws of Rwanda. You agree that any legal action or proceedings arising from this may be brought exclusively in courts having jurisdiction in Rwanda.
GRIEVANCES
You have rights to file complaints/share feedback if you are disappointed with the Services rendered by the Company. You can submit your grievances/queries at:
- For general complaints: loans@huzahr.com
- For privacy-related issues: privacy@huzahr.com