Background

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this Application, (“Our Application”). You must read, agree and accept all the Terms set out in this agreement which includes the terms and conditions set out below. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not accept all the terms of this agreement, then DusuPay is unwilling to provide DusuPay services to you. By using any of the services you become a DusuPay User and you agree to be bound by the terms and conditions of this agreement with respect to such services. If you do not agree to be bound by the terms of this agreement, do not use DusuPay. We may amend this agreement at any time by posting the amended terms on the DusuPay application. You may not have access to the DusuPay application before accepting these terms. These Terms of Use do not apply to the sale of services.

This document is as effective on Februay 2018

Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

You can find more information about DusuPay and its services on dusupay.com or by emailing our general inquiries on [email protected]

2. Access to Our Application

1. The downloading and accessing of Our Application is free of charge.
2. It is your responsibility to make any and all arrangements necessary in order to access Our Application.
3. Access to Our Application is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Application (or any part of it) at any time and with notice.
4. We will not be liable to you in any way if Our Application (or any part of it) is unavailable at any time and for any period.
5. We reserve the right to discontinue, stop or preclude you from accessing our Application at any time and for any period. We will not be liable to you in any way if such access is made unavailable to you at any time.
6. Our website and services are directed to people from the age of 18 years and above. We do not knowingly engage people younger than the age of 18.

3. Terms of Use of DusuPay

1. You shall be required to authenticate your account the first time you access your Account using a new device and if your account can not be verified, you may be required by DusuPay to submit certain Account information, including but not limited to your name, email address, text enabled mobile phone number, date of birth and the relevant government issued form of identification such as a passport or national ID you’re your picture. This information shall be verified by our personnel and any other relevant authorities in your jurisdiction.
2. When you sign into DusuPay, you shall be given a hash ID and username that shall be your identity on the App.
3. You hereby authorise DusuPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity, account Information or your company. This may include asking you for further information and/or documentation about your account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial transactions, or verifying your information against third party databases or through other sources and or government sources.
4. In connection with your use of the Service, you shall (a) co-operate in an investigation or any inquiries concerning activity that potentially violates the law and/or the service terms, (b) provide confirmation of your identity or confirmation of any information you provide us.
5. Our liability direct, incidental and or consequential, arising out of the use of DusuPay shall be limited to damages that are reasonably foreseeable from the use of DusuPay.
6. As users or service provider, you shall take reasonable precaution in all actions and interactions with any party you may interact with through the use of DusuPay. DusuPay requests that users exercise caution and good judgment when using the services. Service providers and users use the services at their own risk.
7. Any questions about the agreement, the practices of Services Providers, or your dealings with Service Providers please contact us at [email protected].
8. You may link an external bank account (a Legitimate and verified account) to your DusuPay to fund payments made through the service. DusuPay reserves the right to limit which banks or what types of accounts constitute an authenticated bank account. If you choose to link your verified bank account to your DusuPay account by providing the username and password you use to access your bank information online and acknowledge you are providing your credentials to DusuPay to agree to these terms of use.
9. You may select a unique alpha-numeric name to identify yourself on the service. Your username must accurately and truthfully represent you. You may not select a Username that misleads or deceives others as to your identity or creates an undue risk of chargebacks or mistaken payments. We may require you to change your Username or details of your Account Information in our sole discretion, and we may reclaim or make unavailable Usernames without liability to you.

4. Who May Use Our Services?

You may only use DusuPay’s services if you agree to form a binding contract with DusuPay and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so..

5. Information you provide to us

1. We shall not share Account Information and transaction information, including your name, the amount, and a description except in accordance with our Privacy Policy and cookies policy.
2. By providing us with a mobile number, you consent to receiving text (SMS) messages from us. If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your mobile carrier plan.

6. Accounts

1. You shall need to open a DusuPay Account to be able to have access to Our Application (including the ability to transact with us)
2. A User may not create an Account if they are under Eighteen (18) years of age. If a user is under Eighteen (18) years of age and wishes to use the parts of Our Application that require an Account, a parent or guardian should create the Account for him or her in their names and the User must only use the Account with their supervision.
3. When creating an Account, the information a User provides must be true, accurate and complete. We shall rely on any information provided by a User as the true account of such information. If any of the information changes at a later date, it is the User’s responsibility to ensure that the Account is kept up-to-date.
4. If a User believes their Account is being used without their permission, please contact Us immediately on the DusuPay Customer Care Line. We will not be liable for any unauthorised use of any Account.
5. A User must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
6. Any personal information provided in a User’s Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in Clause 15.
7. A User who wishes to close an account may do so at any time. Closing an Account will result in the removal of a User’s information on the Application as far as can be ascertained. Closing an Account will also remove access to any areas of Our Application requiring an Account for access. The uninstallation of Our Application does not necessarily mean closure of an account.
8. When an account is closed, any reviews or comments created on Our Site will be anonymised by removing the username.
9. When you sign up for DusuPay, you represent that you own the email and or mobile phone number that you register for an account with, and consent that these shall be verified by the relevant telecommunications company and subject to supervision by Uganda Communication Commission.
10. Please let us know if you believe there is an unauthorised transaction on your Account. This can be through telephoning us on +256 393 243977 and if you fail to do so, we shall not be liable for your DusuPay money that is lost in this an authorised transaction.
11. An “unauthorised transaction” occurs when money is sent from your Account that you did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a payment from your account, an unauthorised transaction has occurred. However, there are certain transaction not considered as unauthorised such as if you give someone access to your account by giving them your account details and they use your account without knowledge or permission, unless you have notified us that transfers by that person are no longer authorised.
12. If you act with willful deceit and the intent to defraud, then such a transaction cannot be considered as authorised on your platform.
13. The User is obligated to manage their account details in a secure and confidential manner and is responsible for ensuring that they do not disclose such information or make it available to third parties. If such information is used by unauthorised persons, DusuPay shall not be liable for any damages or losses caused thereby.
14. DusuPay reserves the right to suspend account services or payments at any point. DusuPay shall at any time suspend account services without notice to the user where there is any indication of fraudulent or suspicious activity on the user account.
15. The User is obligated to notify DusuPay Customer Care without delays of any suspicious activity on his/her account that may lead to damage or loss.
16. Please call us as soon as you detect any errors on your account. We allow you to report an error until 30 days after the date you electronically access your account, if the error could be viewed in your electronic history.
17. You may need to provide us with your name, username, account number, the amount of Uganda shillings involved, and other relevant details in order to attempt to rectify the error.
18. We may request you to send us your complaint in writing within 5 business days. We will determine whether an error occurred within 10 business days after we hear from you and will attempt to rectify it as soon as possible.
19. If your complaint needs further investigations, we may take up to 60 days to investigate your complaint or question. If we ask you to put your compliant or question in writing and you do not do so, we may not consider your complaint.
20. For the purpose of such investigations, our business days are Monday through Friday 10am-4pm.

7. Intellectual Property Rights

1. With the exception of user content (see Clause 8), all Content included on our site and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by us. All content (including user content) is protected by applicable Uganda and international intellectual property laws and treaties.
2. You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use content from our application unless given express written permission to do so by us.
3. A User may:
   1. Access, view and use Our Application in a web browser (including any web browsing capability built into other types of software or app);
   2. Download Our Application (or any part of it) for caching;
   3. Print one copy of any page(s) from Our Application;
   4. Download extracts from the pages on Our Application; and
   5. Save pages from Our Application for later and/or offline viewing.
4. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.
5. A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.

8. User Content

1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments etc.
2. An Account is required if a User wishes to submit User Content. Please refer to Clause 3 for more information.
3. A User agrees to be solely responsible for their User Content. Specifically, they agree, represent and warrant that they have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
4. A User agrees to be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by us under sub-Clause 6.2.
5. A User will be responsible for any loss or damage suffered by us as a result of such breach.
6. A User (or your licensors, as appropriate) shall retain ownership of their User Content and all intellectual property rights subsisting therein. When a User submits User Content, they grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license the User Content for the purposes of operating and promoting Our Application. In addition, the User also grants Other Users the right to copy and quote their User Content within Our Application.
7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

9. Links to Our Application

1. A User may use or create link to our Application provided that:
2. It is done in a fair and legal manner;
3. It is not done in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
4. A User does not use any logos or trademarks displayed on Our Application without Our express written permission; and
5. A User does not use our Application in a manner that causes damage to Our reputation or to take unfair advantage of it.
6. Framing or embedding of Our Application on other websites is not permitted without Our express written permission. Please contact Us at [email protected] for further information.
7. A User shall not link to Our Application from any other site the main content of which contains material that:
   1. 1. is sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory;
      2. promotes violence;
      3. promotes or assists in any form of unlawful activity;
      4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      5. Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      6. Is calculated or is otherwise likely to deceive another person;
      7. Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
      9. implies any form of affiliation with Us where none exists;
   1. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
   2. Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. The content restrictions in sub-Clause 8.7 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.7. A User, for example, is not prohibited from posting links on general-purpose social networking sites merely because another user may post such content. A User, however, is prohibited from posting links on websites which focus on or encourage the submission of such content from users.

10. Links to Other Sites

1. Links to other sites may be included on Our Application. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Application is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

11. Disclaimers

1. Nothing on Our Website or Applications constitutes advice on which a User shall rely. It is provided for general information purposes only.
2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, not infringe the rights of third parties, be compatible with all software and hardware, or that it be secure.
3. We make reasonable efforts to ensure that the Content on Our Application is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.

12. Our Liability

1. To the fullest extent permissible by law, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Application or the use of or reliance upon any Content (including User Content) included on Our Application.
2. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Application or any Content included on Our Application.
3. Our Application is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
4. Reasonable skill and care shall be exercised to ensure that Our Application is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Application (including the downloading of any Content from it) or any other site referred to on Our Application.
5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

13. Acceptable Usage Policy

1. A User may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 12.
2. A User must ensure that he or she complies fully with any and all local, national and/or international laws and/or regulations;
3. A User shall Not use Our Application in any way, or for any purpose, that is unlawful or fraudulent or for any purpose, that is intended to harm any person or persons in any way.
4. We reserve the right to suspend or terminate access to Our Application if a user is in material breach of the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, we may take one or more of the following actions:
   1. 1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
      2. remove any User Content submitted by a User that violates this Acceptable Usage Policy;
      3. issue you with a written warning;
      4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      5. take further legal action against you as appropriate;
      6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
   1. any other actions which We deem reasonably appropriate (and lawful).
5. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
6. If your Legitimate Credit Account or your debit card account number changes or the expiration date changes, we may acquire that information from our financial services partner and update your Account accordingly.

14. DusuPay may terminate, close, or suspend your Account or use of the service at any time for any reason. Any such termination does not relieve you of any of your obligations to DusuPay under Cash Terms and any amounts owed to us as provided in these Cash Terms, the General Terms, or any other agreement you have with us. We will not be responsible for any loss, damage, harm or consequences, including any delay or inconvenience you may suffer as a result of our exercise of our rights under this section.

15. Any pending transactions at the time of termination, closure, or suspension of your Account will be settled. Any funds that we are holding in custody for you at the time of termination, suspension, or closure of your Account, less any applicable fees, may be made available for you to cash out in DusuPay’s discretion and subject to the other conditions in these Terms. If an investigation is pending at the time of closure, we may hold your funds until resolution of the investigation.

16. If your Account is inactive for an extended period of time it may be deemed “unclaimed” or “abandoned” under Ugandan law. If this occurs, DusuPay will provide you with notice as required by applicable law. If funds still remain in your Account, DusuPay will escheat such funds as required by applicable law.

17. Changes to these Terms of Use

1. We may alter these Terms of Use at any time. If We do so, details of the changes will be highlighted at the top of this page and a prompt may pop up at the time of your next usage of our application after such changes have been made. Any such changes will become binding on the user upon first use of Our Application after the changes have been implemented. A User is therefore advised to check this page from time to time to acquaint themselves with any new changes that may have been effected.

18. Contact Us

1. To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at www.dusupay.com.

19. Communications from Us

1. If We have a User’s contact details (if, for example, a User has an Account), We may from time to time send you important notices by email or pop up during the use of Our Application. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
2. For questions or complaints about communications from Us, please contact Us at [email protected] or Contact Us.

20. Law and Jurisdiction

1. If a User is a consumer, any dispute, controversy, proceedings or claim between him or her and Us relating to these Terms and Conditions, or the relationship between him or her and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licensed and in which the goods or services available in the Application are provided.
2. If a User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licensed and in which the goods or services available in the Application are provided.