These Terms and Conditions (“Terms”) apply to www.azima.app, Azima app and any other sub domain (collectively referred to as Websites). “www.azima.app” and its subdomains and Azima app are operated by Pay 24 Financial Services Limited.

By accessing or using this website and app, the content, and related services available via the Websites, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Websites. If you are not willing to be bound by each and every term or condition, or if any representation made herein, you may not use, and must cease using, the Websites and app.

Definitions

“Content” means all materials and content, including designs, editorial, text, graphics, audio-visual materials, multimedia elements, photographs, videos, reports, documents, information, data and any other work.

 “Azima” refers to the micro loan service provided by Pay 24 Financial Services Limited.

 “Registered User” means a User who has registered and created an Account on the Azima app. Certain functionalities are only available to registered users.

“User” means all users of Azima.

“You” means you as an individual user of Azima.

About the Websites

The Websites and app provide information about our micro loan service. References to “the Website,” “the Websites”, “app” and “www.azima.app” include all software, content and features provided within the relevant Website(s) and app.

YOUR RESPONSIBILITIES

Acceptable conduct

You will use the Website and app only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us via our contact form and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited conduct

You may not:

·      Post, transmit or otherwise make available through the Websites any materials that are or may be: fraudulent, invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, spyware or other computer code, file or program (each, a “Virus”).

·      Use the Websites or app for any purpose that is fraudulent or unlawful.

·      Interfere with or disrupt the operation of the Websites or app or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violate any requirement, procedure or policy of such servers or networks.

·      Restrict or inhibit any other person from using the Websites or app.

·      Attempt to bypass, circumvent, sidestep, thwart or dodge the device restrictions in any manner, at any time, whether successful or not.

·      Reverse engineer, decompile or disassemble any portion of any of the Websites or app.

·      Modify, alter, emulate the functionality, reverse compile or otherwise reduce to human readable form, or create derivative works of the Websites or app.

·      Use any robot or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Websites, (b) reproduce or circumvent the navigational structure or presentation of the Websites, or (c) Harvest or collect information about users of the Websites or app without Azima’s express prior written consent.

·      Use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software.

If you do not comply with these Terms, we may suspend your access to the Websites or app, take legal action or take any other steps we consider appropriate.

Further, you are fully aware that any of the prohibited actions listed herein might cause irreversible damage to your device or mobile phone. In no event shall Azima be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the misuse of or inability to use this product.

Requirements to Use the Websites and App

If you are using the Websites or on behalf of an organisation, you represent and warrant that you have the ability to agree to these Terms on behalf of such organisation and all references to “you” throughout these Terms will include such organisation, jointly and severally with you personally.

REGISTRATION

Features

The micro loan services are available only upon registration.

How to Register

To register, you will need to provide certain information about yourself as per the “Know Your Customer” requirements and create a username and PIN. This combination of information (“Account”) will be your Account as a Registered User.

Registrations may be accepted, rejected or cancelled by us at any time and for any reason. If your registration is cancelled, you will continue to have access to the public parts of the Websites only; however, you will not have access to features available only to Registered Users. Registered Users have the option within their account to self-deregister from using the app.

Responsibilities of Registered Users

You will

·      Take on sole responsibility for your account and all actions that occur under your account

·      Provide true, current, accurate and complete information about yourself and next of kin as requested by us from time to time and notify us promptly of any changes to your information so that your Account information is current, complete and accurate as per the Personal Data Protection and Privacy Act

·      Maintain the confidentiality and security of your Account, including your username and PIN

·      Notify us immediately of any unauthorized use of your Account, Account password as well as any breach of security with respect to your Account or Account password

·      Assist us, if and as we request, to stop or remedy any breach of security related to your Account.

Device Compatibility

Our app runs on most modern devices.

Deactivation

A registered user’s account will be removed once a user has deactivated their account or if we suspend it due to non-compliance with these Terms and Conditions.

Third-Party Content

The Websites may contain links to websites made available by third-parties (collectively, “Third-Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Content.

Third Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third-Party Content except for the limited right to use the Websites as set out in these Terms.

We neither control nor endorse, nor are responsible for, any Third-Party Content and we make no representations or warranties with respect to them. The availability of any Third-Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third-Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy notices of the providers of the Third-Party Content).

Open-Source

The Websites may include open-source components, which are licensed for use and distribution by us under applicable open-source licenses. Use of these open-source components is governed by and subject to the Terms and conditions of the applicable open-source license.

Loan Repayment Period

We will notify users of the maximum and minimum loan repayment period during the user sign up process through the app as part of our transaction transparency practices. Each user will have access to their transaction history through their account on the app.

Collection and Use of Payment Information

If we extend credit to a registered user, we will consider the payment information provided by the registered user as eligible for us to process payments against.

Credit Reporting Disclosure

We may make inquiries concerning your credit history and standing and may report information concerning your performance including, but not limited to, missed payments, or other defaults, to credit reporting agencies. Missed payments or other defaults on your Loan may be reflected in your credit report. Your credit history available with credit reporting agencies may be used to evaluate your standing with Azima.

LIABILITY AND WARRANTIES

Warranties

Pay 24 Financial Services Limited makes no representations or warranties about the site and app, which is provided “as is”. To the maximum extent permitted by law, we exclude all implied warranties regarding the site and app, including without limitation, the warranties of fitness for purpose, title, and non-infringement.

Limitation of Liability

You acknowledge and accept that use of the Websites and app is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, Azima, Pay 24 Financial Services Limited, nor any Pay 24 Financial Services Limited Parties are liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites or app arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAY 24 FINANCIAL SERVICES LIMITED PARTIES DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE WEBSITE AND APP, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.

OTHER LEGAL PROVISIONS

Maintenance of the Website and App

The publicly viewable components of our site are made available free of charge. The user features are available upon account creation. We may temporarily suspend or withdraw or restrict the availability of all or any part of our site or app for operational reasons. We will give reasonable notice of any suspension or withdrawal.

Our Remedies

Without limiting any of our rights, we may suspend, restrict or terminate your use of the Websites or app without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the Terms, including but not limited to any of your responsibilities as set out above.

These terms of use, their subject matter and their formation, are governed by Ugandan law. You and us both agree that the courts of Uganda will have exclusive jurisdiction.

Interpretation

In these Terms, the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms.

Notices

Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms:

·      by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars listed in your Account;

·      by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted via our contacts listed in the ‘Contacts’ section of these Terms and Conditions.

Assignment

We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will be kept updated or amended to the benefit of and bind you and us.

Relationship

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Websites.

Force Majeure

Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, health pandemics, war, riots, strikes and accidents.

Complaints and Inquiries

You may contact us for any complaint or inquiry using the following information:

·      Phone:       +256-759-993-960

·      E-mail:       support@azima.app

Updates

Azima reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Terms and Conditions and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms and Conditions as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Websites and app following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

Use of the Websites or installation of the app signifies acceptance of the Terms and Conditions inclusive of any future updates.

Version 1.1 | October 2022