1.0 DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this Agreement, the following terms shall have the specific meanings defined below:
- Agreement: This legal document including the Vuna Now Privacy Policy and any future amendments;
- Vuna Now: The lending platform and financial service provider operating via the website or mobile application;
- Account: The personal profile registered by you to access financial services via the Vuna Now App;
- Credentials: The confidential security data, including PINs and passwords, used to access your Vuna Now Account;
- Equipment: Your mobile handset, SIM card, and other hardware necessary for network connection;
- E-Money: The digital cash value stored in your mobile wallet representing physical currency;
- Event of Default: Any overdue failure to fulfill repayment obligations to Vuna Now;
- Force Majeure: External events beyond Vuna Now's reasonable control, including natural disasters or network outages, that prevent service delivery;
- CRB: Licensed Credit Reference Bureaus authorized to track and share borrower credit history;
- Transaction Fees: Charges applied by Vuna Now for utilizing specific services within the App;
- Data Protection Act: The Data Protection and Privacy Act, 2019 of the Republic of Uganda.
1.2 Interpretation
- Words in the singular include the plural and vice versa;
- References to any specific gender include all genders;
- Section headings are included for reference purposes only and do not define the scope of the clauses.
2.0 ACCEPTANCE OF TERMS
- Users must read and understand this entire Agreement before installing the Vuna Now App or registering for an Account.
- Selecting the "Accept" button on the Vuna Now App constitutes your legal agreement to be bound by these Terms. If you do not agree, you must select "Decline," which will prevent access to Vuna Now Services.
- The act of downloading the App and opening an Account confirms your commitment to follow these Vuna Now Terms and Conditions.
- Vuna Now reserves the right to modify these Terms at any time. Continued use of the Services after such changes are published implies your acceptance of the updated terms.
- Software updates may be required periodically. You may be unable to use Vuna Now Services until the latest version is installed and new terms are accepted.
3.0 LICENCE AND USAGE SCOPE
3.1 Grant of Licence
Vuna Now provides you with a limited, non-exclusive, and non-transferable licence to use the App on your personal Equipment.
3.2 Prohibited Conduct
- You shall not rent, sell, or redistribute the Vuna Now App to any third party;
- You are prohibited from attempting to decompile, reverse-engineer, or modify the Vuna Now source code;
- You may not use Vuna Now for any illegal or fraudulent activities;
- You shall not attempt to collect data from Vuna Now systems or interfere with our server security.
4.0 DATA PRIVACY AND CREDIT AUTHORIZATION
- Data Verification: You authorize Vuna Now to cross-reference your personal data with records held by Mobile Money Providers and other regulatory bodies.
- SMS Access: You explicitly grant Vuna Now permission to access your device's SMS records to verify emergency contacts and assess your financial standing for credit scoring.
- Credit Reporting: You authorize Vuna Now to share your credit behavior with CRBs. Negative reporting resulting from defaults may impact your future ability to obtain credit.
- Withdrawal: This authorization remains valid as long as you have a pending application or an outstanding loan balance with Vuna Now.
5.0 BORROWER INSTRUCTIONS
- You authorize Vuna Now to execute any Request received through your Account and agree to be held liable for such instructions.
- Vuna Now reserves the right to decline any loan application or Request at its sole discretion without providing a specific reason.
- Vuna Now shall not be responsible for unauthorized transactions resulting from your failure to keep your Credentials secure.
- You agree to indemnify Vuna Now against any costs or damages arising from our reliance on your digital Requests.
6.0 PRICING AND REPAYMENT
- Interest and Fees: All applicable interest rates and Vuna Now Service Fees will be clearly shown in the App before you confirm a loan.
- Payment Obligations: All loan repayments to Vuna Now must be made in full without any deductions or counterclaims.
7.0 DEFAULT AND CONSEQUENCES
- Occurrence of Default: A default occurs if a Vuna Now repayment is overdue or if the borrower enters bankruptcy.
- Remedial Actions: Upon default, Vuna Now may terminate this Agreement, demand immediate full repayment, and report your delinquency to CRBs.
8.0 LIMITATION OF LIABILITY
- Service Interruptions: Vuna Now is not liable for losses caused by network failures, Equipment malfunctions, or other issues outside our control.
- Commercial Use: The Vuna Now App is intended for private use only. Vuna Now is not liable for any business-related profit losses.
- User Negligence: Vuna Now shall not be responsible for any losses arising from your misuse of the App or unauthorized use of your Credentials.
9.0 ACCOUNT TERMINATION
- Vuna Now may suspend or close your Account immediately if we suspect fraudulent activity or a breach of these Terms.
- Termination does not exempt you from the obligation to repay any existing debt owed to Vuna Now.
- In the event of a borrower's death, Vuna Now Account access will only be provided to legal heirs upon submission of certified court documents.
10.0 DISPUTE RESOLUTION
- Governing Law: This Agreement is governed by the laws of the Republic of Uganda.
- Friendly Negotiation: Parties shall attempt to resolve any disagreement with Vuna Now through good-faith discussions.
- Arbitration: Any dispute not resolved through negotiation within 30 days shall be settled by a single arbitrator through arbitration in Kampala, Uganda, under the UNCITRAL Arbitration Rules. The language of the arbitration shall be English.
11.0 NOTICES AND COMMUNICATION
Vuna Now will communicate with you primarily through SMS or email using the contact information provided during registration.