1. ACCORDING TO THESE RULES
- It is very important to read all of these terms of use. By signing up for or using any part of the Flame Pesa service (the 'Service'), you agree that you have read, understood, and agreed to these Terms of Use. These words are used as both a contract for users and a financial service. If you do not agree to the Terms of Use, you cannot use any part of the Service. This paper is a contract between Flame Pesa (referred to as 'We,' 'Us,' or 'Our') and you, a single user ('You' or 'Your').
2. I ACCEPT THESE TERMS
- 2.1 It's important to read and understand all the rules in the Terms of Use before you download, use, or make an account with us because we often make changes to them. The use of the app and your account will be governed by these rules.
- 2.2 It's important to check that you have read, understood, and agreed to the Terms of Use once you have downloaded the app. You agree to these Terms of Use by clicking the 'Accept' button on Our System. By downloading the app and creating an account, you agree to the terms and conditions for using the account. Also, you understand that these conditions do not reduce any other legal rights or benefits we may have regarding the account.
- 2.3 These rules can change anytime. By using the service, you agree to any changes we make. We will do our best to keep you updated about any changes.
- 2.4 By using the App or any of the Services, you agree to allow us to gather and use technical details about your mobile device, such as its hardware, software, and accessories, to provide internet or wireless services. This information is used to improve our services and provide the services you asked for. You give us permission to collect, save, handle, and use your information, along with our partners and authorized third parties. This is done to enhance your app experience and the service we provide.
3. THE THINGS YOU NEED TO DO AND THE COMMITMENTS YOU MAKE
- By signing this paper you confirm and promise that:
- 3.1 You are completely capable and allowed to agree to these Terms of Use, to be legally obligated by them, and to meet your duties as stated in them.
- 3.2 You must quickly tell us about any breaches of these agreements and follow these rules and all applicable laws very carefully.
- 3.3 You understand that the System and the Service should only be used for valid reasons and as they are meant to be used. And you are not allowed to be dishonest, deceive, or lie.
- 3.4 It is your job to make sure that the personal information, certificates, or papers you or your representatives give us are correct, complete, honest, and up-to-date.
4. HOW DO YOU USE THE SERVICE?
- 4.1 Our service is only for people who are at least eighteen years old.
- 4.2 The app will let you know that your account request has been accepted. By agreeing to this, you understand that approving your account application does not create any legal connection between you and the other party.
- 4.3 We have permission to check your credit record to decide whether to approve, deny, or change the conditions of a loan. The app will show the interest and the terms for the loan application.
- 4.4 We can refuse or cancel your loan request at any time without giving a reason, based on our own judgment.
5. PERMISSION AND LIMITS FOR USING THE SYSTEM
- 5.1 You are given permission to use the System for your personal use to access the Service provided by Us. This permission is limited, temporary, and free.
- 5.2 Any rights not specifically given to you in these Terms of Use belong to us and the people who allowed us to use their work. You are not allowed to own or keep any part of the System according to these Terms of Use.
- 5.3 The following things are not allowed when using the System:
- 5.3.1 Allow the System to be used, shared, sold, transferred, or distributed to other people for business reasons.
- 5.3.2 The system should not be copied to make a similar product, use its ideas or features, or overload it with too many requests that could make it slow down. Also, trying to access the system or other systems or networks without permission.
- 5.3.3 Spread or keep any information for deceitful or dishonest reasons.
- 5.3.4 Do not interfere with, bother, or create fake bookings, or send unwanted messages like spam.
- 5.3.5 The sharing or keeping of content that is illegal, offensive, or harmful is not allowed.
- 5.3.6 Sending harmful computer viruses, worms, or trojan horses is not allowed.
- 5.3.7 Can cause problems or interruptions to how the system works or the information it holds.
- 5.3.8 In any way, could harm our reputation or the reputation of any related organizations.
6. SOME TASKS ARE YOUR RESPONSIBILITY
- 6.1 It is your responsibility to make sure your mobile device is safe and works properly. The system and service need to work correctly, and you are in charge of any related costs.
- 6.2 It is your job to make sure your phone works well. We are not responsible for any problems that may happen if your phone stops working. This includes computer viruses or other problems that may happen while using our system, service, or mobile device. We are not responsible for any delays or losses caused by your internet provider. Instead, you will be responsible for paying any charges that the service provider may apply.
- 6.3 The app will be available on your phone. It is very important to make sure you have the right app installed on your device. We are not responsible if your device cannot use the app or if you do not have the latest version installed on your phone.
- 6.4 You are responsible for choosing and paying for a good internet and phone plan, which includes fees for messages, internet use, and phone data from your mobile provider. It's important to know that you may need a lot of data and you will be responsible for using the system and any costs that come with it.
- 6.5 It is your job to follow the rules and instructions in the Terms of Use and any other documents we give you when using the System and the Service.
7. YOUR INFORMATION ABOUT YOURSELF
- 7.1 To use the System, you need to create and keep an account as an App user.
- 7.2 We can turn off app features, limit your account access, without giving up any other rights or solutions.
- 7.2.1 If we find out on our own that you have broken any of these rules;
- 7.2.2 During the investigation;
- 7.2.3 If you owe us or any related companies money for any reason, such as the main amount, interest, fees, or taxes;
- 7.2.4 If these rules are canceled for any reason; or
- 7.2.5 At any other time, as long as we are happy with the result.
8. CONDITIONS OF PAYMENT
- Fees for late payments and charges for services.
- 8.1 You must pay all the money you owe in full, following these rules, without making any deductions or claims, unless the law says otherwise. If you need to subtract money from a payment you send us, you must add the extra amount to make sure we get the full payment without any deductions or withholdings.
- 8.2 We can charge you extra if you can't pay back a loan on time.
- Taxes.
- 8.3 Taxes are not included in the amounts you need to pay according to these Terms of Use and Loan. If taxes apply to the payment, you will need to pay extra money equal to the payment times the tax rate. Even if our relationship ends, you still need to make the payment and follow our requests.
- 8.4 By agreeing to this contract, you allow us to take money from your account to follow our rules, requests, or penalties from tax authorities, or if it is required by law.
- Regarding money.
- 8.5 You agree to pay back the loan, including interest, fees, and taxes, using the payment options in the app by the deadline.
- 8.6 All transactions in the area must be done using the local currency.
9. LENGTH OF TIME AND CONCLUSION
- 9.1 These rules will be in place until they are ended as stated in them.
- 9.2 According to these rules, we can stop your access to the System, the Service, and your Account, either completely or partially.
- 9.2.1 by giving you information whenever you need it, for any reason.
- 9.2.2 You must follow these rules right away, even if you haven't been told beforehand, without affecting our other rights and solutions.
- 9.2.3 In the event that your mobile money provider or mobile network operator terminates your account or agreement for any reason;
- 9.2.4 Your account may be temporarily closed or irrevocably deleted to facilitate the modification or enhancement of the Service in the event of technical difficulties or safety concerns, or if you fail to use your account for an extended period.
- 9.2.5 If we are told to follow a rule from a government, court, regulator, or other authority;
- 9.2.6 We will decide whether to stop the service for business or any other reason.
- 9.3 If these Terms of Use end or expire, you must:
- 9.3.1 You must quickly pay any money you owe, such as the loan amount, interest, fees, or taxes.
- 9.3.2 As soon as you can, remove the app from your phone.
- 9.4 After the Terms of Use end, the parties will not have any more duties or privileges than they had before the termination. However, any other part of the agreement that is meant to stay valid will still be in force.
10. EXCLUDING LIABILITY AND PROVIDING INDEMNIFICATION
- Payment for work done.
- 10.1 If there is an issue or cost related to certain situations, you must protect and take responsibility for us, our partners, and their associates from any harm, legal costs, or expenses.
- 10.1.1 Any violation of these rules or any other laws.
- Not responsible.
- 10.2 We are not responsible for any losses you experience due to service interruptions caused by things like events beyond our control, system errors, equipment failure from external actions, power outages, bad weather, telecommunication system issues, or problems with your mobile devices.
- 10.3 The app is only meant for personal use. We guarantee that we will not be held accountable for any business disruptions, failed business opportunities, or profit losses. The application is not intended for commercial or resale purposes.
- 10.4 You acknowledge that we are not liable for any losses or damages that may be incurred as a result of or in connection with:
- 10.4.1 Any issue or defect in the application or service that is the result of modifications you have made.
- 10.4.2 Any issue or defect in the application that is the consequence of noncompliance with the regulations.
- 10.4.3 The specific rule that you violated;
- 10.4.4 Your account is not adequately funded.
- 10.4.5 The funds in your account are presently the subject of a legal dispute, which affects the ability to make payments or transfers. The ability to make payments or transfers may be compromised if you fail to provide precise transaction instructions or if there are complications with the system, your mobile device, the network, or a mobile money system.
- 10.4.6 Employing the system, service, or your phone in a manner that is either dishonest or prohibited.
- 10.4.7 In the event that you fail to adhere to the Terms of Use and any guidelines we have established for the use of the Service and the System.
- 10.5 We shall not be held liable for any secondary or indirect losses or damages that may result from the use of the Service, regardless of whether we were previously informed of the risk.
11. NEW WEBSITES INCLUDED
- 11.1 Our service may contain hyperlinks to websites or applications that are managed by other organizations. The purpose of these hyperlinks is to recommend content that may be beneficial to you. Nevertheless, the act of linking to other websites or applications does not serve as an endorsement or sanction of the ideas, opinions, products, services, information, or other items that are featured on those sites or applications.
- 11.2 We explicitly denote that we do not guarantee or assert that the content on Third-Party Sites or Apps is accurate, complete, reliable, or appropriate for any particular purpose. We are unable to guarantee that Third-Party Sites or Apps are virus-free or do not infringe upon copyright, trademark, or other rights.
12. AGREE TO RECEIVE MESSAGES FROM MARKETING
- By using our services, you agree to receive marketing messages from us. You can opt out of receiving these communications at any time by following the instructions in the message or by clicking the 'unsubscribe' link.
13. DISPUTE RESOLUTION
- 13.1 These terms will be governed by Tanzanian law, unless your local law states otherwise. In all other situations, your local jurisdiction's laws will apply.
- 13.2 If a dispute arises regarding these Terms of Use, the parties will attempt to resolve it by appointing an arbitrator. If they cannot agree within seven days, the Chairman of the Tanzania Arbitration Center will appoint one upon application.
- 13.3 The arbitration will be conducted in Dodoma according to the Rules of Procedure.The parties must adhere to the arbitrator's decision as fully as possible.
- 13.4 These terms do not prevent either party from seeking urgent or interim relief in court while awaiting the arbitrator's decision.
14. SUMMARY
- 14.1 We are not liable for any performance issues or delays that are not our fault.
- 14.2 You agree not to share any confidential information about our business, customers, or suppliers with others.
- 14.3 You acknowledge that we may transfer the loan rights to another party without your prior consent, and this does not affect your obligations under these terms. You must follow the payment methods specified in the application.
- 14.4 We may change these Terms of Use at any time and will try to inform you of significant changes. However, you should regularly review the Terms of Use. Any changes are valid as long as the System and Service are maintained.
- 14.5 These terms take precedence over any previous agreements between the parties on the matters they address. They confirm the parties' complete understanding and agreement. No reliance was placed on any statements or guarantees not included in these Terms of Use or required by law. Without this provision, each party waives claims related to prior discussions. These terms do not limit liability for fraud or any unlawful liability.
- 14.6 You may not transfer or assign your rights or obligations under these Terms of Use without our written consent. We may transfer our rights or obligations without your consent, except where the law requires us to notify you.
- 14.7 We may notify you via email to your account address or by posting a message on the app or system. To notify us, please email ask@flamepesa.com.
- 14.8 For any complaints or suggestions about our service or system, please contact ask@flamepesa.com.
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