Privacy Policy

Introduction

  • We offer you access to our services through our “Mobile Application” (defined below) subject to the following Terms and Conditions, which may be updated by us from time to time with or without notice to you. By accessing and using this Mobile Application, you acknowledge that you have read, understood, and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with all of these terms, then you are expressly prohibited from using the Mobile Application and you must discontinue using immediately.

In reference to above introduction clause;

  • We insist that, by executing the services you agree that it is affirmatively stating that you have carefully ready and understood the Terms and Conditions set forth herein and agreed to be bound by the said Condition of Use and any amendment or adjustment performed from time to time.
  • You should as well visit our website located at https://www.chapaa.co.tz/ (the “Website”) for accessing Condition of Use and/or other information such as Customer Tariff/Charges, and any Government levy/tax and others relevant.
  • These Terms and Conditions and any amendments or variations thereto take effect on their date of publication and shall apply and bind to all Customers upon using Chapaa Services and you shall be deemed to have read and understood these Terms and Conditions.
  • We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on the App and will indicate the date of such revision.
  • Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and their translations in other languages are for convenience only; in case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

Declaration:

  • By accessing/executing the service; You consent and acknowledge you have electronically accepted the Conditions of Use either way by continuing to attempt using the service you declare that you have legally accepted Conditions of Use. The declaration allows you to make service utilization as required and as amended from time to time. Henceforth Chapaa Services Terms & Conditions.
    • Any execution of this service you agree that it is affirmatively stating that you have carefully read and understood the terms and conditions set forth herein and agree to be bound by the said terms and conditions.
    • If you do not accept terms and conditions, you might not use the service, proceeding using the service meaning you declare to be bonded with Condition of Use.

Definitions

  • In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Agreement” means this Terms and Conditions and the Privacy Policy and other documents provided to you by the Mobile Application;
“Business Day” means any day of the week not being a weekend, gazetted public holiday or designated bank holiday within the United Republic of Tanzania;
“Business Number” means a destination code or numbering plan created by Chapaa for the identification Chapaa Fundraising Campaign;
“Cash” means currency notes and coins constituting the legal tender of the Republic United of Tanzania which, as the context requires: may be offered by a customer in exchange of E-Money through the Chapaa Application and subsequently credited to the Chapaa Account; and may be withdrawn by the you pursuant to a Withdrawal Request Instruction given by the you (in this context you are a Chapaa Account holder) to your mobile money wallet;
“Chapaa” means Chapaa Technologies Limited, a company registered in the United Republic of Tanzania whose registered address is Plot 10, 3223, Block 45A New Bagamoyo Road, Dar es salaam Tanzania;
“Chapaa Account” or “Fundraising Account” means an account created by Chapaa upon your request aim to be used for fundraising from different source, the account may allow to receive fund from different MNO and /or Banks as well; For the avoidance of doubt the Chapaa account or Chapaa Business Number remain the property of Chapaa.
“Chapaa Campaign” means an organization/businessf account belonging to you created in the Chapaa Platform through which the you receive e-money payments/contributions from other Customers;
“Chapaa User” or “Chapaa subscriber” means either of Chapaa Campaign or the Customer participating in the Chapaa Applications;
“Chapaa Website” refers to the Chapaa section on website address found at www.chapaa.co.tz;
“Confidential Information” means, without limitation, all information, software, data, manuals, concepts relating to marketing methods, products, developments, business and financial affairs and trade secrets, and other information of value to a party and not generally known, (whether or not designated as "confidential information" by any Party and whether written, oral or in electronic form) and any other information clearly designated by a Party as "confidential information" or that is evidently confidential by its nature or the nature of its disclosure, and includes the terms of this Agreement;
“Customer” means a Chapaa user who uses the Chapaa Application to pay/contribute money on the Customer’s Campaign as shall be construed accordingly;
“Effective Date” means the date upon which your Chapaa Account is activated by Chapaa upon your instruction, including the initial e-money contribution/collection;
“Intellectual Property Rights” means, in respect of each Party, such Party's proprietary rights, title and interest intellectual property of whatever nature, description or form, vesting in that Party as at the Effective Date or acquired by such Party at any time after the Effective Date;
“Mobile Application” means and include Chapaa “App” or “Mobile Application” and any successor Mobile Application or any of our affiliates;
“Service” or “Services” means any service shown below, which we may offer from our Mobile Application;
“SMS” means Short Message Service; is a text messaging service component of most telephone, Internet, and mobile device systems;
“Transaction” means any movement of money within Chapaa platform or out to the specified mobile money account pursuant to instructions initiated on the Chapaa Application by you and includes reversals;
“User”, “You” and “Your” means the person who is accessing the Mobile Application for taking or availing any service from us;
“Withdrawal Request Instruction” means an instruction given to Chapaa by you requesting Chapaa to redeem Cash on your behalf in exchange of the E-Money held in the Chapaa Wallet and to send it by either EFT, or Paybill, or Autosweep, to your nominated bank account or an instruction given to Chapaa by you requesting M-Pesa Limited to transfer E-Money held in the Chapaa Campaign account to a Nominated Number.

Interpretation

  • All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
  • Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
  • Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

Operation and Scope

  • Scope. These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Services, which are governed by their terms of service.
  • Eligibility: The Mobile Application is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
  • Electronic Communication: When you use this Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communication from us electronically in the same format and you can keep copies of these communications for your records.
  • You agree to abide by the Chapaa operational procedures, terms and conditions and its variations as may be prescribed by Chapaa from time to time.
  • Chapaa Fundraising service allows you to register a separate contribution wallet within Chapaa Applications a unique Chapaa Campaign number that will enable fellow contributors to contribute directly from other MNO-Mobile Network Operator as well as Banks
  • With effect from the Effective Date and for the duration of the term of the Agreement, Chapaa shall:
    • Allocate an additional Chapaa Fundraising Account(s), through which Customers (i.e., your contributors) may contribute to the specific campaign through the Chapaa Application. For the avoidance of doubt the Campaign Number remain the property of Chapaa, and Chapaa may, with reasonable prior notice to you, re-number, re-assign, re-allocate or withdraw a Business Number(s) PROVIDED that Chapaa shall not interfere with the Chapaa balances rather credited Chapaa Account owners with remained balance to your mobile money number used.
    • Grant secure access rights to the Chapaa Menu through which you may manage both Chapaa Campaigns. In this case, you are strongly advised that; You should not share or reveal your PIN with anyone including Chapaa Staff;
    • Provide customer service support to the Consumers; who are using the Fundraising options and Chapaa services;
    • Credit the Customer’s mobile money account with e-money upon receipt of E-Money paid through the Chapaa applications.
  • With effect from the Effective Date and for the duration of the Initial Term, then you shall:
    • Reconcile and receipt payments received on the M-PESA System through Chapaa Application;
    • Initiate Withdrawal Request instructions to M-Pesa Limited for redemption of accrued E-Money;
    • Authorize Chapaa to debit charges, fees, and commissions to its Chapaa Account for providing the service;
    • Comply with Chapaa charges for using the Service as may be notified to it by Chapaa in either writing or electronically or other method deemed fit as from time to time;
    • Agreed and comply and pay or been deducted any governmental levy, tax and others as per directives from governmental authority organs.
  • With effect from the Effective Date and for the duration of the Initial Term, then you shall:
    • Reconcile and receipt payments received on the M-PESA System through Chapaa Application;
    • Initiate Withdrawal Request instructions to M-Pesa Limited for redemption of accrued E-Money;
    • Authorize Chapaa to debit charges, fees, and commissions to its Chapaa Account for providing the service;
    • Comply with Chapaa charges for using the Service as may be notified to it by Chapaa in either writing or electronically or other method deemed fit as from time to time;
    • Agreed and comply and pay or been deducted any governmental levy, tax and others as per directives from governmental authority organs.
  • Validity Period: - All Chapaa Accounts will have a given validity period ranging from 30 days, 3 months, and 6 months depending on customers’ need as reviewed from time to time by Chapaa’s discretion, and notified to you electronically via Chapaa App notifications or website.
  • Prior Expiry: You will be notified prior so as to extend their validity period and if you choose not to extend, then upon expiry of the campaign the funds collected should be disbursed to mobile money account via paybill method account.
  • Extension Period: You will be able to extend validity period to maximum of 30 days per each Chapaa Campaign, the duration will be reviewed by Chapaa discretion from time to time. In this respect you will have a maximum limit to open a number of Changisha account in respect of each Chapaa Campaign account.
  • Account Locking: If the account has reached the maximum number of renewal times, then you will get a notification to let them know that you can no longer extend the account duration. The SMS should go within a specific period to be determined by us such for example a frequency of 1 week, 3 days, 1 day and 0 day before expiration.
  • For security and transparent you may add approval level in attempting cash out process, the option is optional for those who need to use it.
  • For the customers who are business entity (i.e., Churches, Mosque, Government) who opt for this service may request ability of bulk SMS to remind their contributors. The customer shall first obtain consent from the contributor(s) for this BULK SMS Value Added Service; the bulk service may be used for individual consumer as well.
  • Business Customer; the Chapaa Account owner may decide to set withdrawal approval level to improve the security and transparently.
  • Chapaa account owners will be able to withdraw e-money (i.e., funds) collected not limited to the following options as shall be determined by us from time to time:
    • Non-account users will be able to contribute to Chapaa accounts owners’ campaign through their MOMO or agent using the campaign’s unique reference/business number.
    • Transfer funds to nominated mobile money wallet: This feature will enable Chapaa campaign owners to transfer their funds direct to the desired bank account, MOMO.
  • Statement: a mini-statement option shall be available on your menu, this mini-statement may be modified by us from time to time and may include;
    • Date and time of contribution;
    • Name of the contributor (If available);
    • Unique ID of the contributor (If available);
    • M-Pesa receipt (or any relevant reference number);
    • Available balance;
    • Amount Contributed; and
    • Phone number(s) of the contributor(s).
  • This mini-statement can be exported via PDF.

    • Access and Use of The Services

  • The Services Description: The Services are offered as a platform to allow an individual or entity (the “Organizer”) to post a fundraiser (“Fundraiser”) to the Platform to accept monetary contribution (“Contributions”) from donors (“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”). Payment Processor: Chapaa is not a payment processor and does not hold any funds. Instead, Chapaa uses third-party payment processing partners to process contributions for a Fundraiser (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.
  • Transaction Fee: Although there are no fees to start or maintain a Fundraiser, please keep in mind that a transaction fee, including credit and debit charges, is deducted from each contribution (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the Platform and the applicable Transaction Fee, visit chapaa.co.tz Pricing.
  • The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity. The Service are administrative platforms only. Chapaa facilitates the Fundraiser of the Organizers and permits Donors to make contributions to these Fundraisers.
  • All information and content provided by Chapaa relating to the Services is for informational purposes only, and Chapaa does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Fundraisers, Charities (as defined below), contributions, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
  • Chapaa has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of contributions or any contributions at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Fundraiser.
  • No Solicitation: The Platform is offered to help Organizers raise money. Chapaa merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of contributions by Chapaa, and Chapaa does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Chapaa is not responsible for the use of your contributions or the amount of funds raised for the User or Fundraiser.
  • Contributors: All contributions are at your own risk. When you make a contribution through the Platform, it is your responsibility to understand how your money will be used and to check the Fundraiser content regularly for any updates. Chapaa is not responsible for any offers, promises, rewards or Promotions (as defined below) made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the contribution will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the Organizers: You, as an Organizer, represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Fundraiser; (ii) all contributions contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw contributions believed by Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all contributions will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary/member through the Services, you relinquish control of the Contributions; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for contributions. You authorize Chapaa, and Chapaa reserves the right to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser or law enforcement or other regulatory authorities, and to assist in any investigation thereof.
  • If you use the Services as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose
  • Your Registration Obligations: You may be required to register with Chapaa to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Organizer or the Beneficiary of such Fundraiser. You agree to keep registration information current and up to date.
  • Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Notice. To use the App, you must be 18 years of age and above. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom Chapaa has entered into contracts, in order to be able to benefit from their services. If Chapaa or one of our Payments Processors at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you, we take possible fraudulent activity and the misuse of funds reported to us very seriously.
  • Taxes: It is your responsibility to determine what, if any, taxes apply to the contributions you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
  • Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify Chapaa of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. Chapaa will not be liable for any loss or damage arising from your failure to comply with this section.
  • Modifications to the Services: Chapaa reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
  • Content Manifestly Made Public by the User.
    • Public Content; Public Display of Information and contributions. Some of your activity on and through the Services is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other Users to facilitate User interaction within the Services. For example, as an Organizer, you might post your personal data – such as information about a recent hospital stay – which data might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your contribution for all to see, including on search engines (like Google and Yahoo). To keep the details of your contribution private from the general public, click the “Private” checkbox during the contributionprocess. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Notice for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
    • Other Information; Please be advised that User Content and other information, solicited or unsolicited, that you provide to Chapaa may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that Chapaa will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary, you hereby grant to Chapaa a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (vi) you irrevocably waive, and cause to be waived, against Chapaa and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
    • You acknowledge and agree that Chapaa may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chapaa, its Users, employees or the public.
    • Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser or a contribution ), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by Chapaa to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to: (i) contact such third party using the Third-Party Data provided; and/or (ii) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time were permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
    • Sales Prohibited on the Platform: You are not permitted to offer any good or service in exchange for a contribution on the Platform.
    • Data Retention: You acknowledge that Chapaa has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that Chapaa reserves the right to delete data or to terminate accounts or Fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Fundraisers or accounts started by Charities on the Platform, in which case Chapaa will provide reasonable notice where possible.
    • Mobile Services and Text Messages: The Chapaa Services include certain features that may be made available via a mobile device, including the ability to: (i) upload User Content to the Platform; (ii) browse the Platform; and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. Further, when setting up your Chapaa, if you click “Send code” by “Text Message,” you agree to receive automated text messages related to your account from or on behalf of Chapaa at the phone number provided. You can reply STOP to such text messages to cancel, except for automated text messages related to the security of your account. Message frequency will vary. Message and data rates may apply. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Chapaa account information to ensure that your messages are not sent to the person that acquires your old number.

    • Prohibited Conduct

  • You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Fundraiser. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
  • The following are examples of User Content and/or use that is illegal or prohibited by Chapaa. This list is not exhaustive and we reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any Fundraiser, freeze or place a hold on contribution, and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users.
  • Without limiting the foregoing, you agree and represent, warrant and covenant:
    • Not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:
      • the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
      • fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
      • offensive, graphic, perverse or sensitive or sexual content;
      • the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
      • drugs, narcotics, steroids, controlled substances pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
      • activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Tanzania and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
      • knives, explosives, ammunition, firearms, or other weaponry or accessories;
      • User content that reflects, incites or promotes behaviour that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorist financing or intolerance of any kind or reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;
      • the legal defense of alleged financial and violent crimes;
      • publication of User Content (such as mug shots) that causes reputational harm;
      • Gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes;
      • the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
      • annuities, investments, loans, equity or lottery contracts, law-away system, off-short banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
      • the receipt or grant of cash advances or lines of credit to yourself or to another person or purposes other than those purposes clearly stated in the Fundraiser or for credit repair or debt settlement services;
      • counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
      • products or services that directly infringe or facility infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
      • the unauthorized sale or resale of goods or services;
      • any election campaigns in an unsupported country unless run by a registered organization within a supported country;
      • the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Chapaa;
      • the collecting or providing of funds for any purpose other than as described in a Fundraiser description; or
      • any other activity that Chapaa may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose Chapaa, its employees or Users to any harm or liability of any type.
    • Not to use the Services to transmit or otherwise upload any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
    • Not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
    • Not to harvest, collect or publish personally identifiable information of others;
    • Not to raise funds for a minor without the express permission of the minor’s parent or guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
    • Not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
    • Not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
    • Not to create any liability for Chapaa or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
    • Not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
    • Not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
    • Not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
    • Not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
    • Not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
    • Not to attempt to undertake indirectly any of the foregoing.
  • Additionally, with respect to all contributions you make or accept through the Services, you agree and represent, warrant and covenant:
    • Not to make or accept any contributions that you know or suspect to be erroneous, suspicious or fraudulent;
    • To maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by Chapaa from time to time;
    • To maintain a copy of all electronic and other records related to Fundraisers and contributions as necessary for Chapaa to verify compliance with these Terms of Service and make such records available to Chapaa upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
    • At Chapaa’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by Chapaa, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or contributions to which, you are connected.
    • Chapaa reserves the right to refuse, condition, or suspend any contributions or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Chapa, or that expose you, Chapaa or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our Privacy Notice. This information may include information about you, your account, your Donors, your contributions, and transactions made through or in connection with your use of the Services.

    • Donor Conduct

  • Third-party contributions: Chapaa uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any contributions made, and Donors acknowledge that by contributing a contribution to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners.

    • Organizers, Beneficiaries or Charities

  • Account Holds: From time to time, Chapaa may, in its sole discretion, place a hold on a Fundraiser account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner; (ii) the funds available should be provided directly to a person other than the Organizer, such as a legal beneficiary or person entitled by law to act on behalf of an Organizer; (iii) a Fundraiser or Organizer has violated these Terms of Service; (iv) the Organizer is colluding with Donors to engage in fraudulent activity; (v) there may be suspicious or fraudulent contribution activity; or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold, we may have placed on your Fundraiser account, or need information about how to resolve the Hold, please see this article.
  • Withdrawing contributions from a Fundraiser: While Chapaa strives to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately; (ii) Chapaa does not guarantee that Withdrawals will be available to you within any specific time frame; and (iii) Chapaa expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organizer and/or Beneficiary, are responsible for ensuring that the information you provide to Chapaa in order to process a Withdrawal, including bank account information, is accurate and up to date. Chapaa may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of contribution(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. Chapaa is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Chapaa issuing refunds, including, but not limited to transaction or overdraft fees.

    • Payment Processors

  • Chapaa uses Payment Processors to process contributions for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and Chapaa that such information is true and that you are authorized to use the applicable Withdrawing Account.
  • By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by the applicable Payment Processors.

    • Reversals

  • You shall within a reasonable period (but in any event no later than 3 days initiate and complete refund/reversal transactions where a payment made to it, is manifestly made in error.
  • In the event that you have failed to authorize/initiate and complete the reversal in accordance with clause 6.1, when an error occurs, it will be regarded that you have consented for Chapaa to intervene and initiate and/or complete the reversal as per sender’s request. At all times Chapaa shall only make the reversal having due regard to the circumstances of the erroneous payment.
  • For any Customer
    • Where you do not respond on customer/third-party complaint within six (6) working hours for an Authorized Transactions Chapaa shall within 12 working hours intervene by clearing the Transaction depending on the customer’s request for cancellation or completion of the Transaction. If there no customer request at our disposal Mobile Pesa (i.e., M-Pesa) will decide based on scenario either to complete or cancel; in this case, you shall be liable for any loss for the case of pending transactions being cancelled/credited to customer wallet.
    • Your KYC/Contact might be available on Chapaa web or support portal for reference and contacting when there required.
    • Where a dispute in relation to a reversal arises, Chapaa Technologies Limited may suspend your Chapaa account or Chapaa Campaign to facilitate an amicable resolution of the dispute

    • Service Fees

  • The Service shall be subject to the charges and minimum/maximum transaction values appointed by Chapaa from time to time. Chapaa may by notice from time to time vary the charges based on either minimum or maximum transaction values at its absolute discretion. Transaction charges may be observed from our website or nearest shop or by contact our call centre.

    • Corrections

  • There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the App, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.

    • Intellectual Property Rights

  • Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Chapaa, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by Chapaa from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Chapaa, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Chapaa.
  • The Chapaa name and logos are trademarks and service marks of Chapaa (collectively the “Chapaa Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Chapaa. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Chapaa Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Chapaa Trademarks will inure to our exclusive benefit.

    • Confidentiality

  • You warrant that, you will treat in confidence all Confidential Information which you acquire as a result of the operation of this Agreement and to afford it the same protection afforded to your own Confidential Information.
  • You shall not reveal any Confidential Information to any third party (including public statements) without the written consent of the disclosing party or Chapaa, except where such information is already in the public domain.
  • You will inform Chapaa immediately in case Confidential Information (includes contributor’s details at your disposal) has been legally acquired by the third party, or where disclosure of the confidential information is ordered by a court or other competent authority.
  • Chapaa may disclose your Confidential Information (for avoidance of doubt the information’s including but not limited to Chapaa account users/contributors) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
    • Comply with regulatory requirements;
    • Legal process;
    • Enforce the terms of this Agreement;
    • Respond to claims that the you use Chapaa Service violates the rights of third-parties; or
    • Protect the rights, property, or personal safety of Chapaa, its affiliated companies, business partners (who in connection offer this service), subscribers and the public. Where such information is required for any of the purposes above, in this fact you shall provide such assistance as may be reasonably required by Chapaa to ensure compliance.

    • Disclosure of Information

  • By registering for the Service, you authorize us to reveal, receive, record or utilize Your information or data (including transaction or mobile data relating Chapaa) relating to Your use of the Service:
    • To any local or international law enforcement or competent regulatory or governmental agencies for purposes of aiding in the prevention, detection, investigation or prosecution of criminal activities or fraud;
    • To a Credit Reference Bureau to perform any credit risk assessment and for data analysis and performance, you may be restricted from Opening a Chapaa Account service if you have restrictions from this Authority;
    • To a third party involved in the provision of the services;
      • As part of the account opening process, you will be asked to provide personal information about yourself. We will use this information to attempt to verify your identity using a number of electronic checks.
      • You agree that that we may pass your personal information to our third parties / partners or any other recognized third-party solely for the purposes of verifying your identity, performing anti-money laundering checks and fraud prevention aim to execute your instruction to ensure we providing this service,
    • To our lawyers, auditors, debt collectors, loan recovery agencies or other professional advisors or to any court or arbitration tribunal for the purposes of any proceedings or to a consumer complaint committee;
    • For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
    • For any business practices including but not limited to quality control, training and ensuring effective systems operation.
  • You acknowledge that we may retain your transaction data for a period as may be required by any law or regulation within our capacity.
    • We may, from time to time and in accordance with our regulatory obligations and internal procedures, perform additional anti-money laundering checks and fraud prevention checks. If you do not pass such checks, we may either suspend or terminate your service or account in accordance with respective clause 12 and/or clause 13 and those related to it.
  • We respect your privacy and at all times we will ensure within our control endeavour to that information shared with any third party in accordance with clause 10.1 is shared on confidential basis and strictly to the extent necessary for purposes of provision of the Services or for any purpose set out under these Conditions of Use.

    • You represent and warrants:

  • You have never been convicted of any crime (other than minor traffic offences); and
  • You have never been charged of any crime relating to fraud, embezzlement, theft, money laundering, financing terrorism or terrorist organizations, receiving stolen property, or illegal drugs or other controlled substances anywhere in the world. You shall notify Chapaa in writing within forty-eight (48) hours after any of these representations and warranties ceases to be true.
  • You warrant that you will not use the service to breach any United Republic of Tanzania Law and regulations and no charges or harm to Chapaa resulted from being court or sentences for misuse the services against the law.
  • Each party shall indemnify the other, and keep each other indemnified, from and against any and all loss, damage or liability, costs and expenses (including legal expenses) howsoever arising and incurred by the other party resulting from;
    • Any breach of this Agreement; or
    • Any third-party claim in respect of any matter arising from any person's conduct, provided that the liability has not been incurred directly through any default either party in relation to this Agreement.
  • You shall indemnify and defend Chapaa, and pay any final judgment awarded against Chapaa, resulting from third party (Chapaa Accounts and or its contributors) claims arising from the use of the Services leading to loss or damage (including consequential loss or damage) where the proximate cause of such loss or damage is attributable to your negligence, recklessness, indifference, delay or failure to receipt or acknowledge a Customer's Payment after the Customer has effected Chapaa contributions on the application by any means.
  • Chapaa shall not be liable to you or any other person where:
    • The transaction is below the minimum or above the maximum limits as communicated by Chapaa from time to time;
    • The Customer has entered incorrect details and the payment is made to the wrong beneficiary;
    • Your device/hardware, software or connectivity/internet provider's service is dysfunctional and or your device is on off mode.
    • The transaction is unauthorised, suspicious or fraudulent resulting in losses to a third party;
    • The transaction details received are incorrect;
    • The legitimate receipt of funds is intercepted by legal process or other encumbrance restricting the transfer;
    • Unforeseen circumstances prevent the execution of a transaction despite any reasonable precautions taken by (Mobile Pesa (I.e., M-pesa); or
    • Other reasons that will make the account unfunctional.
  • Without prejudice to any other provisions of this Agreement, each party undertakes to indemnify the other party and keep the other party indemnified on demand for and against all proceedings, costs, claims, damages, expenses and liabilities of whatsoever nature howsoever suffered or incurred arising out of or by reason of any infringement or alleged infringement of any intellectual property rights arising as a result of carrying out their obligations under this Agreement.

    • Suspension

  • Chapaa may, with reasonable notice where practicable, suspend the availability of the Service to you wholly or partially for any reason, including without limitation, were;
    • You fail to comply with any laws, rules or regulations of the United Republic of Tanzania regarding the Service;
    • You fail to observe any term or obligation set out herein; or
    • You carry on prohibited activities using the Chapaa Application as set out in Clause 5.
  • We receive immediate request for intention not limited to Account investigation, suspicious transaction, complaint from another customer, Order from Legal Authority.
  • Your Chapaa Account may be deactivated due to various reasons including but not limited-service maintenance, compliance with Tanzania and/or international regulations or malicious suspicious.

    • Termination

  • Chapaa reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the App and associated services.
  • The obligations contained herein will continue to apply to your past use. Upon termination or suspension or denial of access to the App and associated services, funds already received on your behalf by Chapaa will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where Chapaa conducts an investigation regarding your use of the App and associated services and Chapaa may decide to refuse to pay funds across to you where you have breached these Terms or your access to the App has been revoked. In such circumstances Chapaa may authorize a refund of contributions to donors.

    • Taxes, Levy & Other Fees

  • You shall solely determine, collect, remit and declare all taxes and income resulting from or inconsequence of using the Services to the relevant tax authority and to pay all taxes levies and fees due on such income. Chapaa shall not be liable to you for any failure by you to comply with its obligations under this clause and you shall indemnify Chapaa from any loss or damage arising from any failure to comply with these obligations under this clause.
  • Each Party shall be aware, bear and be responsible for its own taxes, charges, impositions, levies or other legal fees imposed by law from time to time.
  • Customer will be charged operational and where necessary stationary cost/fees on (Mobile Pesa (I.e., M-pesa), such charges can be viewed/obtained by call our call centre or from website or from your confirmation flash SMS when attempt to perform a transaction or self-service option, by proceeding using the service meaning you have agreed and bonded by this clause.

    • Prohibited Usage & Conduct

  • You agree to not use the Services to;
    • Conduct anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or criminal;
    • Impersonate any person or entity, including, but not limited to, a Chapaa official, fellow user, or falsely utter or otherwise misrepresent your affiliation with a person or entity;
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
    • Conduct anything that makes available any content or information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of under nondisclosure agreements or privacy and cookies policy);
    • Conduct any activity that infringes any intellectual property rights;
    • Conduct any activity whether solicited or unsolicited, relating to or remotely connected to SPAM, junk mail, pyramid schemes, pornography, unlicensed gaming or gambling or any other form of solicitation;
    • Conduct any activity that makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer/device/phone software or hardware or telecommunications equipment or mobile money systems;
    • Conduct any activities that interferes with or disrupts the Service or servers or Networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;
    • Conduct any activities that intentionally or unintentionally violates any applicable local or international law or regulation;
    • Collect or store personal data about other users/contributors without their express authority; or
    • Aggregate payments or create Chapaa Account on behalf of third-party persons without the written consent to/of Chapaa.

    • Governing Law and Jurisdiction

  • The validity, construction and interpretation of this Agreement shall be governed by the laws of the United Republic of Tanzania. in case a clause is in conflict/contradict with our regulation or law, supersede only such clause and law or regulation will stand all other clauses will remain the same unchanged.

    • Dispute Resolution & Customer Care Support

  • You may contact us through our customer care centre lines or other customer care contacts provided on our social media or Website (i.e., Online or Submit enquires) to report any disputes, claims or discrepancies in the Service.
  • Our customer care representatives will handle the reported case(s) in accordance with our standard complaint handling procedures.
  • Calls to call centre may be recorded for quality assurance or for any business practices including but not limited to quality control, training and ensuring effective systems operations;
  • To help us serve you better, kindly bring all relevant details relating to your complaint (e. g date & time of the incident, product, details of any person you have spoken to in relation to your complaint etc.).
  • The Complaints process is free of charge.
  • Mobile Money Complaint - If your mobile money related complaint or any other claim has not been resolved to your satisfaction within 30 days of raising it with Chapaa, then it shall be finally and exclusively settled in the competent courts of the United Republic of Tanzania.

    • Amendment

  • This Agreement, including any, or annexure if any; may be amended from time to time by Chapaa including not limited by way of bulletin, schedules and notices in form of either physical or electronically. You acknowledge that such bulletin or notices shall be binding and shall have full legal force as if they were contained in this Agreement. In that awareness you agreed by continue using the service you aware, understood and agreed to any amendment therein.

    • Assignment

  • This Agreement may not be assigned by you to anyone, by operation of law or otherwise, without the prior written consent of Chapaa, (Mobile Pesa (I.e., M-pesa) may assign any right or obligation under this Agreement without your prior written consent.

    • Notices

  • Except as otherwise specified in the Agreement, all notices, requests, approvals, consents and other communications required or permitted under this Agreement shall be either in writing or electrically (email, phone call or any other means as determined by us from time to time and shall be personally delivered or sent by mail, registered or certified, return receipt requested, postage pre-paid, courier service to the M-Pesa Limited address.

    • Waiver

  • No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant.

    • Severability

  • Any provision of this Agreement held by a court of competent jurisdiction to be contrary to any law shall be severed from the agreement, but such severance shall not render the remaining provisions of this Agreement ineffective. The remaining provisions of this Agreement will remain in full force and effect.

    • Force Majeure

  • Notwithstanding any provision contained in this Agreement, neither party shall be liable to the other to the extent fulfilment or performance of any terms or provisions of this Agreement is delayed or prevented by revolution or other civil disorders; wars; acts of enemies; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or availability failure; fires; floods; acts of God; government or regulator action; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of such event.

    • General

  • The Parties shall comply with all legal requirements applicable to their role in effecting transactions.
  • This Agreement shall be acceptable by you upon accessing the service or by continue using the service.
  • This Agreement may be accepted electronically.