MSACCO - The Multi-Channel Payment Gateway

TERMS OF USE

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 Futurelink Technologies Ltd may provide to the Customer through MSACCO. Futurelink Technologies 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.

1. DEFINITIONS

1.1 Account No shall mean the unique identifier of an MSACCO subscriber
1.2 Applicable Laws shall mean and include any statute, law, regulation or a stipulation by the Bank of Uganda or any other regulatory authority whether in effect as on date or as amended from time to time.
1.3 SACCO shall mean Savings and Credit Cooperative Society Organisations who are agents of MSACCO. MFI shall mean Microfinace institutions while VSLA shall mean Village Savings and Lending Associations.
1.4 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.
1.5 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.
1.6 MSACCO Service means any and all of the Services offered by Futurelink Technologies Ltd 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.
1.7 Mobile Phone Number shall mean the number registered by the Customer in relation to the use of Services offered by Futurelink Technologies Ltd.
1.8 Service shall mean a function achieved through accessing MSACCO using Mobile phone or ATM Card.
1.9 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 anytime in the future be offered by Telephone Service Provider(s).
1.10 SMS Banking means a service that allows Customers to access their account information via Mobile phone using SMS messaging.
1.11 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.
1.12 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 creditaccount.

2. ACCEPTANCE OF TERMS AND CONDITIONS

2.1 On the terms and conditions hereinafter provided, Futurelink Technologies Ltd offers MSACCO Service to the Customer. These terms and conditions made by Futurelink Technologies Ltd 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 Futurelink Technologies Ltd unless otherwise specifically stated.

2.2 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.

2.3 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.

2.4 The customer authorises FutureLink Technologies to from time to time, access and verify any information about the customer from the sponsor institution.

3.0 USAGE OF MSACCO

3.1. By accepting the terms and conditions on the mobile phone while registering for the MSACCO Service, the Customer:
(a) Agrees to use MSACCO Service for financial transactions offered by Futurelink Technologies Ltd from time to time,

(b) Irrevocably authorizes Futurelink Technologies Ltd to debit the Accounts which have been enabled for MSACCO Service for all transactions / services undertaken by using Customer Identification Data,

(c) Authorizes Futurelink Technologies Ltd to map the account number, User ID and Mobile Phone Number for the smooth operation of MSACCO Service offered by Futurelink Technologies Ltd 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,

(d) Agrees to the usage of the Customer Identification Data as an authentication factor for the MSACCO Service,

(e) Confirms to the acceptance of the terms and condition of MSACCO Service offered by Futurelink Technologies Ltd,

(f) 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 bonafide transaction,

(g) Agrees that the transactions originated using the mobile phones are non-retractable as these are instantaneous/real time,

(h) Understands and explicitly agrees that Futurelink Technologies Ltd has the absolute and unfettered right to revise the prescribed ceilings from time to time which will be binding, and

(i) Agrees that Futurelink Technologies Ltd is authenticating the Customer by using Mobile Phone Number, Customer Identification Data or any other method decided at the discretion of Futurelink Technologies Ltd, 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 Futurelink Technologies Ltd.

3.2. The guidelines issued by the Bank of Uganda on “Know Your Customer (KYC)”, “Anti Money Laundering (AML)” from time to time would be applicable to MSACCO Service.

3.3. Futurelink Technologies Ltd shall file “Suspicious Transaction Report (STR)” to the Bank of Uganda for MSACCO.

4.0 ACCURACY OF INFORMATION

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

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

5.0 FEE STRUCTURE

5.1 Futurelink Technologies Ltd 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, subject to a 30 days notice to customers.

5.2 Fees may be collected from the Customer in such manner and at such intervals as Futurelink Technologies Ltd may specify as per the above guidelines.

5.3 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.

6.0 RESPONSIBILITIES AND OBLIGATIONS OF THE CUSTOMER

6.1. 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.

6.2. 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.

6.3. 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, if any suffered.

6.4. It will be the responsibility of the Customer to notify Futurelink Technologies Ltd 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.

6.5. 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 Futurelink Technologies Ltd does not accept / acknowledge any responsibility in this regard.

6.6. 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.

7.0. 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, Futurelink Technologies Ltd 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 Futurelink Technologies Ltd .

8.0 CONFIDENTIALITY AND DISCLOSURE

8.1.To the extent permitted by the Applicable Laws, Futurelink Technologies Ltd shall be entitled to transfer any information relating to the Customer and / or any other information given by the Customer for utilisation of MSACCO Service to and between its branches, subsidiaries, representative offices, affiliates, representatives, auditors and its agents, intermediaries and third parties selected by Futurelink Technologies Ltd, wherever situated, for confidential use on a need to know basis and in connection with the MSACCO Service.

8.2 The Customer agrees and provides his / her express consent that Futurelink Technologies Ltd may disclose any information whatsoever regarding him / her and / or his / her Account(s) to:
(a) any person or organization providing any service to its Customers, whether within or outside Uganda for the purpose of providing the Services including but not limited to investigating discrepancies, errors or claims;

(b) under operation of the Applicable Laws;

(c) banks, financial institutions or credit reference agents for the purpose of assessing the Customer's creditworthiness or otherwise; and any person (whether or not related to Futurelink Technologies Ltd ) for purposes of that person or entity marketing any product or service to the customer, whether by electronic means or otherwise.

8.3. To the extent not prohibited by applicable law, Futurelink Technologies Ltd shall be entitled to transfer any information relating to the Customer and / or any other information given by the Customer for utilization of MSACCO Service or Service to and between its branches, subsidiaries, representative offices, affiliates, representatives, auditors and third parties selected by Futurelink Technologies Ltd, wherever situated, for confidential use in and in connection with the MSACCO Service.

9.0. NO WARRANTY

Without prejudice to anything contained in these terms and conditions, Futurelink Technologies Ltd, 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.

10. LIMITATION OF LIABILITY

Without prejudice to any other provisions of these terms and conditions, Futurelink Technologies Ltd 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, Futurelink Technologies Ltd 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.

11. INDEMNITY

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

12. DISCLAIMER

12.1 Futurelink Technologies Ltd or its employee / contractual staff will not be liable for:
(a) any unauthorized use of the Customer’s Identification Data or
(b) mobile phone number / instrument or unauthorized access to e-mails received at his notified email address for any fraudulent, duplicate or erroneous instructions given by use of the same; or
(c) acting in good faith on any instructions received by Futurelink Technologies Ltd ; or
(d) error, default, delay or inability of Futurelink Technologies Ltd to act on all or any of the instructions; or
(e) loss of any information / instructions / alerts in Transmission; or
(f) unauthorized access by any other person to any information / instructions given by the Customer.

12.2. Futurelink Technologies Ltd 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. Futurelink Technologies Ltd further reserves the right to alter / amend / modify the limits as imposed with prior intimation to the Customer.

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

12.4. 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.

13. ADDITION AND WITHDRAWAL OR TERMINATION OF MSACCO SERVICE

(a) MSACCO Service is made available to the Customer, at the sole discretion of Futurelink Technologies Ltd and may be discontinued by Futurelink Technologies Ltd at any time, without notice.

(b) Futurelink Technologies Ltd reserves the right to introduce additional services with or without giving any notice to the Customer. Futurelink Technologies Ltd reserves the right to send SMS to the registered mobile phones regarding its products, services or any related matter, without the express consent of the Customer.

14. CONSENT

By subscribing to MSACCO, the customer gives FUTURELINK TECHNOLOGIES LTD permission to do the following;
(a) To solicit additional personal information from the sponsor institution, and the sponsor institution to share such information as may be required to know the customer, and as determined from time to time by the National Payments Systems and Anti-Money Laundering regulations.

(b) To solicit, process and share personal information with a regulated Credit Reference Bureau for purposes of credit scoring.