Terms & Conditions

These terms and conditions explain the rights and obligations pertaining to the use of MSACCO Multi-channel payment gateway, and information that the Customer may use or request from Futurelink Technologies Ltd (FLT) or that FLT may provide to the Customer through MSACCO.

FLT reserves the right to add, amend, revise, change or cancel any of these terms and conditions and also reserves the right to modify any features of any products or services offered.

The Customer unconditionally accepts these terms and conditions applicable to such Account (defined below) and the services relating thereto and shall always be bound by and abide with them and their amendments from time to time.

DEFINITIONS

Account No shall mean the unique identifier of an MSACCO subscriber.

Applicable Laws shall mean and include any statute, law, regulation or a stipulation by the Bank of Uganda or any other regulatory authority in effect as on date or as amended from time to time.

SACCO shall mean Savings and Credit Cooperative Society Organisations who are agents of MSACCO. MFI shall mean Microfinance institutions while VSLA shall mean Village Savings and Lending Associations.

Customer shall mean the existing holder of an MSACCO Account obtained by registration and agreement to use MSACCO services under its published terms and conditions.

Customer Identification Data shall mean the Account Number, mobile phone number, MSACCO Pin and other information that are to be used by the Customer to authenticate themselves prior to accessing MSACCO services.

MSACCO Service means any and all of the Services offered by  FLT  to the Customer on phone and / or any electronic gadgets owned by the Customer. These services include but are not limited to the customer being able to deposit and receive deposits on their respective accounts held at their sponsor institution, making withdrawals, accessing credit, and making payments off the same account.

Mobile Phone Number shall mean the number registered by the Customer in relation to the use of Services offered by FLT.

Service shall mean a function achieved through accessing MSACCO using Mobile phone or ATM Card.

SMS shall mean Short Messaging Service, being a service offered by Telephone Service Providers and / or any other similar method of electronic communication that may now or at any time in the future be offered by Telephone Service Provider(s).

SMS Banking means a service that allows Customers to access their account information via Mobile phone using SMS messaging.

Telephone Service Provider shall mean the provider of the mobile phone connectivity services and Mobile Phone Number used by the Customer on their mobile phones.

Sponsor Institution means a SACCO, MFI, VSLA or Investment Club registered with Future Link Technologies as a platform user, and where an MSACCO subscriber holds an independent savings or credit account.

ACCEPTANCE OF TERMS AND CONDITIONS

On the terms and conditions hereinafter provided, FLT offers MSACCO Service to the Customer. These terms and conditions made by FLT and accepted by the Customer shall form the contract between the Customer. These terms and conditions shall be in addition to and not in derogation of other terms and conditions relating to any Account or Service of the Customer and / or the respective product provided by FLT unless otherwise specifically stated.

To access MSACCO Service, the Customer is required to register at the sponsor institution or apply online on their mobile phone and / or any electronic gadgets owned by the Customer.

In order to transact under MSACCO Service, there are transaction data verification / re-authentication requirements for the Customer. The Customer may use the Customer Identification Data to effect such verification / re-authentication. The Customer must strictly adhere to privacy procedures to ensure safe keeping of the log-in credentials.

USAGE OF FACILITY

By accepting the terms and conditions on the mobile phone while registering for the MSACCO Service, the Customer:

• Agrees to use MSACCO Service for financial transactions offered by FLT from time to time;
• Irrevocably authorizes FLT to debit the Accounts which have been enabled for MSACCO Service for all transactions / services undertaken by using Customer Identification Data;
• Authorizes FLT to map the account number, User ID and Mobile Phone Number for the smooth operation of MSACCO Service offered by FLT and to preserve the mapping record in its own server or server of any other third party and to use such data at its discretion for providing / enhancing further banking / technology products that it may offer;
• Agrees to the usage of their Customer Identification Data as an authentication factor for the MSACCO Service;
• Confirms to the acceptance of the terms and condition of MSACCO Service offered by FLT,
• Agrees that MSACCO Service will enable him / her to transact using Customer Identification Data within the limit prescribed by FLT and will be deemed as a bonafide transaction;
• Agrees that the transactions originated using the mobile phones are non-retractable as these are instantaneous/real time;
• Understands and explicitly agrees that FLT has the absolute and unfettered right to revise the prescribed ceilings from time to time which will be binding on the Customer; and
• Agrees that FLT is authenticating the Customer by using Mobile Phone Number, Customer Identification Data or any other method decided at its discretion, and  is acceptable and binding to the Customer and hence the Customer is solely responsible for maintenance of the secrecy and confidentiality of the Customer Identification Data without any liability to FLT.
• Understands that MSACCO services are regulated by Bank of Uganda under the National Payment Systems Act, 2020, and the NPS regulations 2021.
• Understands that MSACCO services are subject to the Anti-Money Laundering Act 2013 and as amended in 2017 and  2022, with its respective AML regulations. The customer therefore agrees that from time to time, he or she may be required to submit additional information as may be determined by the Financial Intelligence Authority. The customer further understands that FLT, as required by law, has a transaction monitoring framework, and shall submit any suspicious transaction record to the Financial Intelligence Authority

ACCURACY OF INFORMATION

It is the responsibility of the Customer to provide correct information to FLT through the use of the MSACCO Service. FLT will endeavor to correct the error wherever possible on a best effort basis, if the Customer reports such error in information promptly.

The Customer accepts that, in case of any discrepancy in this information, FLT shall not be responsible for any errors which may occur in spite of the steps taken by FLT to ensure the accuracy of the information and shall not have any claim against FLT in an event of any loss / damage suffered as a consequence of an information provided by FLT found to be not correct.

FEE STRUCTURE

FLT reserves the right to charge the Customer a fee for the use of the services provided under MSACCO Service and change the fee structure at its discretion.

Fees may be collected from the Customer in such manner and at such intervals as FLT may specify as per the above guidelines.

The charges payable by the Customer are exclusive of the amount payable to the Telephone Service Provider and would be debited from the account of the Customer instantly.

RESPONSIBILITIES AND OBLIGATIONS OF THE CUSTOMER

The Customer shall act in good faith, exercise reasonable care and diligence in keeping the Customer Identification Data and all other personal and confidential information in secrecy. At no time and under no circumstances shall the Customer disclose the Customer Identification Data and related details to any other person or permit the information to come into the possession or control of any other person.

The Customer confirms that all persons whose personal or other data is transmitted, processed or otherwise handled, have consented to such transmission, processing or other handling under these terms and conditions in accordance with the extant laws, or the Customer shall obtain their consent prior to any such transmission, processing or other handling.

The Customer will be responsible for all transactions, including fraudulent / erroneous transactions made through its mobile phone, SIM card and Customer Identification Data regardless of whether such transactions are in fact entered into or authorized by him / her. The Customer will be responsible for the loss / damage suffered, if any.

It will be the responsibility of the Customer to notify FLT immediately if he / she suspects the misuse of the Customer Identification Data. He /she will also immediately initiate the necessary steps to change his Customer Identification Data.

The Customer shall be liable and responsible for all legal compliance and adherence of all commercial terms and conditions in respect of the mobile connection / SIM card / mobile phone through which the MSACCO Service is availed and FLT does not accept / acknowledge any responsibility in this regard.

The Customer shall keep himself / herself updated with regard to any information / modification relating to the services offered under the MSACCO Service which would be published on the Website for notice and acceptance in case of a change.

NON-TRANSFERABILITY

The grant of MSACCO Service to a Customer is not transferable under any circumstance and shall be used only by the Customer. However, FLT shall have the right to transfer, assign or sell all its rights under these terms and conditions, which shall continue to be in force and effect for the benefit of the successors and assigns of FLT.

CONFIDENTIALITY AND DISCLOSURE

The customer permits FLT to  solicit from the customer’s sponsor institution,  any information relating to the Customer and / or any other information given by the Customer relavant to the effective utilization of MSACCO Service, and the sponsor institution to provide the same.

The customer permits FLT and sponsor institution to transfer any information relating to the customer, to and between their  representatives, auditors and their agents, intermediaries, for confidential use on a need to know basis and in connection with improving the MSACCO Service offering.

The Customer agrees and provides his / her express consent that FLT,and sponsor institution, for purpose of generating credit scoring and speeding up credit appraisal process, may disclose any information whatsoever regarding him / her and / or his / her Account(s) to:

•  a financial institution, SACCO, MFI or Credit Reference Bureau  with whom FLT has contractual agreement to confidentiality and collaboration.
• Agrees to give consent to FLT and sponsor institution, to access his/her CRB reports for the purposes of credit worthiness  evaluation;

NO WARRANTY

Without prejudice to anything contained in these terms and conditions, FLT, third party service provider, and their respective third party suppliers, licensors, and partners makes no express or implied warranty or make any representations regarding the use or the results of the use of the with respect to MSACCO Service provided hereunder including, without limitation, any warranties of non-infringement of third party rights, title, marketability, of correctness, accuracy, adequacy, reliability, suitability, satisfactory quality and fitness for a particular purpose or otherwise.

LIMITATION OF LIABILITY

Without prejudice to any other provisions of these terms and conditions, FLT shall not be liable to the Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with MSACCO Service and / or these terms and conditions.

Notwithstanding the generality of the above, FLT expressly excludes liability for consequential loss or damage or loss of profit, business, revenue, goodwill or anticipated savings which may arise in respect of MSACCO Service.

INDEMNITY

In consideration of FLT providing MSACCO Service, the Customer agrees to indemnify and keep FLT safe and harmless from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which FLT may at any time incur, sustain, suffer or be put to as a consequence of or arising out of acting in good faith. The Customer shall indemnify FLT for unauthorized access by any third party to any information / instructions / triggers given by the Customer or breach of confidentiality.

DISCLAIMER

• FLT or its employees / contractual staff will not be liable for:

•  any unauthorized use of the Customer’s Identification Data attributable to the Customer; or

•  mobile phone number / instrument or unauthorized access to e-mails received at the Customer’s notified email address for any fraudulent, duplicate or erroneous instructions given by use of the same; or

•  acting in good faith on any instructions received by FLT from the Customer; or

•  error, default, delay or inability of FLT to act on all or any of the instructions; or

•  loss of any information / instructions / alerts in Transmission; or

•  unauthorized access by any other person to any information / instructions given by the Customer.
• FLT reserves the right to limit the amount and frequency of payments that a Customer may make by using the MSACCO Service, with prior intimation to the Customer of 30 days notice.

• FLT shall not be liable for any loss or damage that the Customer may incur due to negligence, act or omission of any third party.

• The Customer shall be solely responsible for the selection of the device / Telephone Service Provider(s) and for all issues / disputes between the Customer and the Telephone Service Provider(s) and / or the manufacturer of the device.

ADDITION AND WITHDRAWAL OR TERMINATION OF MSACCO SERVICE

• MSACCO Service is made available to the Customer, at the sole discretion of FLT and may be discontinued by FLT at any time upon FLT giving the Customer at least fourteen  (14) days’ prior written notice. If the customer is involved in criminality, the 14 days notice shall not apply.

• FLT reserves the right to introduce additional services with or without giving any notice to the Customer. The Customer authorizes FLT to send SMS to their registered mobile phones regarding its products, services or any related matter, provided that the Customer may, at any time, opt out of receiving such SMS.

PAYMENT FOR SERVICES

The customer consents that they will pay for the services through their respective sponsor institution and according to schedule A attached

The customer consents that FLT reserves the right to change the prices in schedule A and shall publish the same changes in a revised Terms & Conditions, 30 days ahead of the effective date.

SCHEDULE A – MSACCO CHARGES EFFECTIVE 1ST JULY 2023