Regarding these Terms of Use
Please read these Terms of Use carefully, as they act as both an electronic financial service agreement and an end-user license agreement. By signing up for or utilizing any part of the Andesloan service ("Service"), you acknowledge that you have read, comprehended, accepted, and agreed to these Terms of Use. Your participation in any aspect of the Service indicates your acceptance and agreement to adhere to these terms. If you do not agree with these Terms of Use, you are not authorized to access or use any part of the Service. These Terms of Use form a legally binding contract between you, the individual user ("You" or "Your"), and the Andesloan service ("We," "Us," or "Our"). These Terms of Use, including any future changes or modifications, become effective upon their publication.
Your Warranties/Responsibilities
You confirm to us that:
2.1 You have the full authority to accept and be legally bound by these Terms of Use.
2.2 You will adhere to all applicable laws and these Terms of Use, and will promptly inform us of any breaches.
2.3 You will use the System and Service solely for lawful purposes and as intended.
2.4 The documents, personal information, and credentials you provide are accurate, current, complete, and not misleading.
2.5 You will use authorized internet access points and accounts.
2.6 You will abstain from any fraudulent activities.
2.7 You will not interfere with the operation of the System.
Acceptance of these Terms of Use
3.1 Prior to downloading or streaming the App or creating an Account, please thoroughly review and understand these Terms of Use.
3.2 By selecting "Accept" in our System after downloading the App, you agree to these Terms of Use.
3.3 Your use of the App and account registration indicates your acceptance of these governing terms.
3.4 We reserve the right to modify these terms, and your continued use will signify your acceptance of the changes.
3.5 Updates may require you to accept new terms via the Website.
3.6 By using the App, you agree to our collection of technical information to improve our products.
3.7 We may contact you or your emergency contact for verification purposes.
3.8 You authorize us to use your bank card for direct debit if you fail to repay a loan.
Your Account
4.1 You must create and maintain an Account to access the System.
4.2 You are accountable for all activities associated with your Account. Specifically:
4.2.1 Maintain a single Account.
4.2.2 Keep your Account information private and secure.
4.2.3 Do not share your Account access with anyone else.
4.2.4 Immediately report any unauthorized use of your Account.
Your Use of the System
Rights Granted and Reserved
5.1 As long as you adhere to these Terms of Use, we and our licensors (if applicable) provide you with a revocable, limited, non-exclusive, non-transferable, royalty-free license for the duration of these Terms of Use and within the specified Territory. This license allows you to access and use the System solely for personal purposes in obtaining the Services we offer.
5.2 Any rights not explicitly granted to you under these Terms of Use are retained by us and our licensors (if applicable). These Terms of Use do not transfer ownership of the System (in whole or in part) to you.
Prohibited Activities:
5.3 When using the System, you are prohibited from:
5.3.1 Commercially exploiting the System by licensing, sublicensing, selling, transferring, assigning, distributing, or otherwise benefiting financially from its use to any third party.
5.3.2 Attempting to derive source code, modify, create derivative works from, reverse engineer, or gain access to the underlying software for any purpose.
5.3.3 Using the System to develop a competing product, replicate System features or concepts, or launch automated programs that excessively burden the System.
5.3.4 Unauthorized attempts to access the System or associated networks.
5.3.5 Extracting or reproducing System content or structure without proper authorization.
5.3.6 Posting, distributing, or reproducing copyrighted material or trademarks without prior consent.
5.3.7 Using the System for illegal or fraudulent activities.
5.3.8 Transmitting spam or other unsolicited communications.
5.3.9 Storing or transmitting harmful computer code or malware.
5.3.10 Disrupting System integrity or performance.
5.3.11 Impersonating others or misrepresenting affiliations.
5.3.12 Providing false location information.
5.3.13 Providing false personal information.
5.3.14 Engaging in activities that damage our reputation or that of our Group Companies.
5.3.15 Collecting data from Services or our systems or intercepting transmissions without authorization.
Your Use of the Service
6.1 Our Service is intended for individuals who are 18 years old or older. We reserve the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money provider.
6.2 Notification of your Account acceptance will be displayed within the Application. You acknowledge and agree that our acceptance of your Account application does not establish any contractual relationship between you and the Mobile Money Providers beyond the terms and conditions applicable to your Mobile Money Account at any given time.
6.3 We retain the right to decline or rescind your Loan application at any stage, at our sole discretion, without providing reasons or notice.
6.4 We reserve the sole and absolute discretion to approve, reject, or modify the terms of any Loan based on our assessment of your credit profile. Loan terms and applicable interest rates will be presented within the Application.
Requests You Make
7.1 Regardless of whether a Request was initiated, sent, or communicated in error or fraudulently, we are deemed to have fulfilled all obligations owed to you appropriately. You are bound by any Request acted upon by us if we acted in good faith believing the instructions were from you.
7.2 We reserve the right, at our absolute discretion, to decline any loan application Request from you, even if you have previously received a loan from us.
7.3 By granting us irrevocable authorization, you empower us to act upon all Requests received from you (or purportedly from you) through the System, assuming full responsibility for their execution.
7.4 We retain the discretion to accept and process any Request, even if it is incomplete or ambiguous, provided that we believe, at our sole discretion, that we can rectify the incomplete or ambiguous information without needing your input.
7.5 We acknowledge that, as permitted by Applicable Law, we shall not be liable for any unauthorized transactions, transfers, disclosures, or activities on your account resulting from the knowledge, use, or manipulation of your account PIN, password, ID, or any other means, regardless of whether such actions were due to your negligence.
7.6 At our discretion, we may refuse to act on any part of your Request pending further investigation or confirmation (whether written or otherwise) from you.
7.7 We have the authority to execute orders related to your Account as mandated by any court, competent authority, or agency under Applicable Law.
7.8 You agree to indemnify and hold us harmless from all claims, losses, damages, costs, and expenses arising from our execution of any part of your Requests or our failure to exercise discretion conferred upon us.
7.9 In case of any conflict between the terms of any Request received from you and these Terms of Use, these Terms of Use shall take precedence.
Your Responsibilities
8.1 You are required to provide and maintain your Mobile Device in a secure and efficient manner at your own expense to access the System and the Service.
8.2 It is your duty to ensure your Mobile Device operates correctly. We are not responsible for any errors or failures caused by your Mobile Device malfunction, nor for any computer viruses or related issues arising from your use of the System, the Service, and the Mobile Device. You are responsible for any charges from your network service provider that facilitate your connection, and we are not liable for any losses or delays caused by such service providers.
8.3 Access to the Application is through your Mobile Device. You are responsible for verifying and ensuring that the correct Application is downloaded to your Mobile Device. We bear no responsibility if your device is incompatible or lacks the latest version of the Application.
8.4 If your Mobile Device is lost, stolen, broken, or no longer in your possession, leading to exposure of your Account information and Credentials to others or affecting our legal rights and remedies, you must promptly inform us and follow our prescribed procedures. We are not liable for any disclosure of your Account information and Credentials to third parties, and you agree to indemnify us against any resulting losses.
8.5 You are solely responsible for maintaining an adequate internet and mobile plan and for any fees charged by your Mobile Service Operator, including telephone, SMS, and internet data charges. You acknowledge that using the System may consume significant data, and you are solely responsible for such usage and associated costs.
8.6 You must adhere to all instructions, procedures, and terms outlined in these Terms of Use and any documents provided by us regarding your use of the System and the Service.
8.7 You must take reasonable precautions to detect unauthorized use of the System and the Service. Accordingly, you must promptly review and verify all communications sent by us upon receipt to detect any unauthorized access to the System. You must immediately notify us if:
8.7.1 You suspect your Credentials are compromised or known to unauthorized individuals; and/or
8.7.2 You suspect unauthorized use of the Service has occurred, is ongoing, or may occur, potentially involving fraudulent transactions.
8.7.3 You must consistently adhere to the security procedures periodically communicated by us or any other procedures applicable to the Service. You acknowledge that failure to follow recommended security procedures could breach the confidentiality of your Account. Specifically, you must ensure that unauthorized individuals do not use the Service, submit Requests, or perform relevant functions.
Financial Terms
Interest and Transaction Fees
9.1 The interest rate applicable to any loan you owe us will be indicated within the Application. We reserve the right to set and charge transaction fees related to your use of the Service and to adjust these fees as necessary. Should we decide to introduce new transaction fees or modify existing ones, the details will be provided in the Application. We will make reasonable efforts to inform you of any changes to transaction fees in advance, including posting notices on the Application.
9.2 All payments you make under these Terms of Use must be made in full, without any deductions or counterclaims, and unless required by law otherwise, free from any withholding. If you are required to deduct or withhold any payment to us, you must promptly pay us additional amounts so that we receive the full amount we would have received without the deduction or withholding.
9.3 If you fail to make payments to us by the due date, we may impose late fees on the loan amount, at a rate displayed on the App in advance.
Taxes
9.4 All payments under these Terms of Use and the Loan are calculated exclusive of any taxes you owe. If taxes are due on a payment, you must pay us an additional amount equal to the payment multiplied by the applicable tax rate. This payment must be made concurrently with your payment or whenever we require, even after the termination of the relationship.
9.5 You agree that we may withhold amounts from your Account if required by a taxing authority, pursuant to law or agreements with such authority, or to comply with internal policies or orders from taxing authorities.
Payments
9.6 You are required to pay the principal, interest, transaction fees, and taxes related to these Terms of Use and the Loan by the methods and due dates displayed in the Application.
9.7 All payments must be made in the local currency of the Territory.
Default
10.1 A default occurs when you:
10.1.1 Fail to make any payment or installment (including all accrued interest, transaction fees, and taxes) due under a loan granted pursuant to these Terms of Use for a cumulative period of fifteen (15) days, unless such failure is solely due to an administrative error or technical issue; or
10.1.2 Are declared bankrupt.
10.2 In the event of an ongoing default, we may, without prejudice to any other rights or remedies available to us under applicable law:
10.2.1 Terminate these Terms of Use as per Clause 11 herein;
10.2.2 Declare the Loan (including all accrued interest, transaction fees, taxes, and any other outstanding amounts under these Terms of Use) immediately due and payable;
10.2.3 Impose late fees on you at the rate displayed on the Application for default in payment.
Term and Termination
11.1 These Terms of Use will remain in effect until terminated as outlined within their provisions.
11.2 We reserve the right to terminate these Terms of Use and/or suspend or terminate your use of the System, the Service, and your Account, in whole or in part:
11.2.1 At any time, for any reason, with notice to you;
11.2.2 Immediately, with or without notice, if you breach any term of these Terms of Use, without affecting our other rights and remedies;
11.2.3 If your account or agreement with a Mobile Network Operator or Mobile Money Provider is terminated for any reason;
11.2.4 When necessary due to technical issues or security reasons, to facilitate periodic updates or enhancements to the Service's content or functionality, or if your Account becomes inactive or dormant;
11.2.5 If required to comply with an order, directive, or recommendation from a governmental, judicial, regulatory, or other competent authority; or
11.2.6 For commercial reasons or any other reason determined at our sole discretion to suspend or terminate the provision of the Service.
11.3 Upon termination or expiration of these Terms of Use for any reason, you must:
11.3.1 Promptly (within three days at the latest) settle any principal, interest, transaction fees, or taxes owed to us (which will become immediately due and payable upon termination); and
11.3.2 Immediately uninstall and fully remove the Application from your Mobile Device.
11.4 Termination will not affect any accrued rights and obligations of either party.
11.5 Upon termination of these Terms of Use, except as expressly provided otherwise or by their nature intended to survive, the provisions of Clauses 2, 9, 11, 12, 14, and 15, as well as any other clause intended to survive by express provision or necessary implication, will continue to remain in effect.
Indemnification and Exclusion of Liability
Indemnities
12.1 You agree to defend, indemnify, and hold us, our licensors, each party's respective Affiliates, and their directors, members, employees, and agents harmless from any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or related to:
12.1.1 Your violation of any provision of these Terms of Use or any Applicable Law; and
12.1.2 Your use of the System and/or the Service, including:
12.1.2.1 Claims by third parties arising from your use of the System and/or the Service;
12.1.2.2 Losses or damages arising from your use, misuse, abuse, or possession of any third-party software, including operating systems, browser software, or other software packages or programs;
12.1.2.3 Unauthorized access to your Account, breaches of security, or any unauthorized destruction or access to your data or any loss or theft or damage to your Mobile Device; and
12.1.2.4 Losses or damages resulting from your failure to comply with these Terms of Use and/or from providing incorrect information, or losses resulting from the failure or unavailability of third-party facilities or systems, or from the inability of a third party to process a transaction, or any loss incurred by us due to any breach of these Terms of Use.
Exclusion of Liability
12.2 We shall not be responsible for any loss you suffer if the Service is interrupted or becomes unavailable due to failure of your Mobile Devices, or other circumstances beyond our control, including but not limited to acts of God or force majeure, errors, interruptions, delays, or unavailability of the System, terrorist actions, equipment failures, power outages, adverse weather conditions, or failure of any public or private telecommunications system.
12.3 You acknowledge that the Application has not been developed to meet your individual requirements and it is your responsibility to ensure that the features and functionalities of the Application as described meet your requirements.
12.4 The Application is provided for personal use only. You agree not to use the Application for any commercial, business, or resale purposes, and we shall not be liable to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
12.5 We shall not be liable for any loss or damage suffered by you as a result of or in connection with:
12.5.1 Any defect or failure in the Application or any Service resulting from your modification or alteration of the Application;
12.5.2 Any defect or failure in the Application resulting from your use of the Application in violation of these Terms of Use;
12.5.3 Your breach of Clause 6 herein;
12.5.4 Insufficient funds in your Mobile Money Account;
12.5.5 Failures, malfunctions, interruptions, or unavailability of the System, your Mobile Device, the network, or a Mobile Money System; legal processes or other restrictions on payments or transfers from your Account; your failure to provide adequate or complete instructions for payments or transfers related to your Account;
12.5.6 Any fraudulent or illegal use of the Service, the System, and/or your Mobile Device; or
12.5.7 Your failure to comply with these Terms of Use or any document or information provided by us regarding your use of the System and the Service.
12.6 In no event shall we be liable to you for any anticipated loss of profit or savings, or for any indirect or consequential loss or damage of any kind, however caused, arising out of or in connection with the Service, even if we have been notified of the possibility of such loss or damage.
12.7 To the fullest extent permitted by Applicable Law and except as otherwise provided in these Terms of Use, our maximum aggregate liability arising out of and in connection with the Application, the System, the Service, and/or these Terms of Use, whether in contract, tort, breach of statutory duty, or otherwise, shall not exceed the Transaction Fees paid by you to us in connection with the first event giving rise to a claim under these Terms of Use.
12.8 Unless otherwise provided in these Terms of Use, any claim you may have against us related to the App, the System, the Service, or these Terms of Use must be notified to us within six (6) months after the events giving rise to such claim, otherwise (to the extent permitted by Applicable Law), you will waive any rights and remedies you may have in relation to such claim.
Consent to Receive Direct Marketing Communications
By using our Services, you agree to receive direct marketing communications from us. If you prefer not to receive these communications, you can opt out by following the instructions provided in the relevant communication.
Dispute Resolution
14.1 These Terms of Use, as well as any disputes arising from or related to them (including any alleged breach or challenge to their validity or enforceability), shall be governed by the laws of the Republic of Uganda, unless the law of your Territory dictates otherwise, in which case the prevailing law shall be that of your Territory.
14.2 Any such arbitration shall take place in the Republic of Uganda and be conducted in accordance with the laws of the Republic of Uganda.
14.3 To the extent permitted by law, the arbitrator's decision shall be final and binding on both Parties.
14.4 This Section 14 does not limit any Party's right to seek interim or conservatory relief from any court of competent jurisdiction pending the final decision or award of an arbitrator.
General
15.1 We will not be held liable for delays or failures in performance due to circumstances beyond our reasonable control.
15.2 You agree to keep confidential any information about our business, affairs, customers, or suppliers and not disclose it to any third party at any time.
15.3 You acknowledge that we may, at our sole discretion and without prior notice to you, assign, transfer, or partially transfer the rights of the loan lender ("Transfer"). Such a Transfer will not affect your obligations under these Terms of Use, and you must make payments as instructed by us through the Application.
15.4 You are not permitted to assign, sublicense, transfer, subcontract, or dispose of any rights or obligations under these Terms of Use without our prior written consent. We may assign, sublicense, transfer, subcontract, or dispose of our rights or obligations under these Terms of Use at any time without notice, except where prohibited by Applicable Law.
15.5 If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable by a court or competent authority, the remaining provisions will continue to be in full force and effect. The invalid provision will be replaced with a legal, valid, and enforceable provision that, as closely as possible, achieves the same effect.
15.6 Only the parties to these Terms of Use have the right to enforce any of its terms.
15.7 We may inform you of changes by posting a general notice on the App or System or by sending an email to the address provided in your Account. You must notify us via email at the help@andesloan.com.
15.8 All complaints and suggestions regarding the System and Service should be directed to the help@andesloan.com.
Disciplinary Procedure for Loan Collection Communication with Customers
All staff members must exhibit professionalism and ethical behavior when interacting with clients, regardless of the situation. Loan Collectors, Recovery Agents, and Customer Service Agents are strictly prohibited from insulting, abusing, disrespecting, defaming, or threatening customers or their contacts in any way while recovering loans or addressing issues. Any employee who engages in such behavior does so independently and will be subject to appropriate disciplinary action.
Provision of Information to Customers
Following best practices, we ensure that all agents and customers are provided with complete, accurate, and up-to-date information in clear and understandable language. We strive to promptly respond to all consumer requests for information about our services, offering such information free of charge. This includes:
(a) Current service terms, including fees, available on our website.
(b) Services subject to regulated pricing or tariffs, with details accessible on published fee pages at designated offices and on our website.
(c) Service terms listed on our website and accessible through all customer access points.
(d) Notification to affected customers of any changes in service rates, giving them the opportunity to accept the new terms or terminate existing plans in accordance with applicable terms and conditions.
Telemarketing on Request
We do not conduct unsolicited telemarketing without:
(a) Clearly identifying ourselves and stating the purpose of the communication at the start.
(b) Offering full details of any product or service mentioned during the conversation.
(c) Notifying recipients of their unconditional right to cancel the service within seven (7) days by contacting a specified customer service number, provided the product or service has not already been delivered and used.
We also adhere to telemarketing practices based on consumer "call" or "non-call" preferences recorded during or after the signing of a service contract and comply with the rules or guidelines set by competent authorities. Additionally, we ensure that:
(a) No unsolicited service messages via SMS or voice calls are sent without customer consent.
(b) Customers have the option to opt-out of receiving any unsolicited service messages via SMS or voice calls.
(c) All unsolicited service messages via SMS or voice calls are organized in a way that allows customers to opt-out entirely or to select specific categories of messages they wish to receive, according to their preferences.
Consumer Billing, Collection, and Credit Practices
We will consistently ensure that:
a. Billing is accurate and timely.
b. Charges can be verified for accuracy.
c. Consumers have access to sufficient billing information, free of charge, for verification purposes.
d. Upon request, consumers receive timely, accurate, and current information about billing terms, conditions, and available options.
For the purposes of this section, references to "billing" include the Licensee's registration and processing systems.
Complaint Handling
i. We will ensure that information about our complaint resolution processes is easily accessible through various mediums, including hard copy and online formats, as necessary.
ii. This information will be presented clearly and comprehensively, including all relevant details about our complaint handling procedures.
iii. Our complaint handling policy will include transparent and easily accessible grievance procedures to facilitate effective access to Alternative Dispute Resolution (ADR).
iv. Consumers will be clearly informed on how to file a complaint, either at our premises or through specified communication methods.
v. Information about our complaint-handling processes will include details:
(a) Regarding consumers' rights to lodge complaints;
(b) On how to contact us to file a complaint;
(c) About the required supporting information, including documents, for complaint resolution;
(d) All complaints will be logged and processed in accordance with established practices and procedures.
Complaints Process
We will ensure that our methods for accepting and processing complaints are not discouraging to consumers. The complaints process will include:
a. help@andesloan.com;
Consumer Obligations
By signing a service agreement or explicitly accepting the terms of service in any form, customers are bound by our terms of service. Customers are considered to have accepted our terms of service once they begin using the service after receiving clear communication of these terms from us. Customers agree not to initiate legal action against us for any measures taken by the company to recover unpaid loans.`
