(LAST UPDATED AS OF: 14th March, 2022)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Fundle is a financial literacy company that is out to distribute quality financial education at scale by helping users understand their financial behavioral data. The Platform, Mobile Apps, and all services provided therein, together, constitute the “Fundle Service”.
1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with Fundle, or (b) you are not permitted to receive any Services under the laws of Rwanda or other countries/regions including the country/region in which you are resident or from which you access and use the Services and the Sites of Fundle.
1.3 Fundle may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.
1.4 If Fundle has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.
1.5 You may be required to enter into a separate agreement(s), whether online or offline, with Fundle or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Fundle.
2.1 If you are a registered member of any of the Sites, and either (a) you are from a place outside mainland Rwanda; or (b) you access and use the Fundle Sites from any of the Relevant Jurisdictions, you are contracting with SBBS Africa Ltd (Fundle) a company duly incorporated in Rwanda with Company TIN N0.119760142). As some or part of the Services may be supported and provided by affiliates of Fundle, Fundle may delegate some of the Services to its affiliates.
2.2 You must register as a member on the Sites in order to access and use some Services. Further, Fundle reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that Fundle may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Fundle may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Fundle may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.
2.5 Some Services (or part thereof) may be provided by Fundle’s affiliates on behalf of Fundle.
2.6 Promotion Services provided by Fundle pursuant to the terms hereunder shall include: 1) Top Ranking and Sponsored Listing; 2) services that benefit, promote, support, whether directly or indirectly, the business of User, the User’s brand, product, store, logo, trademark, service mark, User Content (as defined in clause 3.7 of the Terms) and/or derivative work using the User Content on software, applications, tools, browser extensions and/or platforms operated and/or controlled by Fundle (“Fundle Channels”) and/or on software, applications, channels, platforms, websites and/or any other forms of media that are operated and/or controlled by third parties (“Third Party Channels”); and 3) any such other services as may be announced by Fundle from time to time.
Fundle shall be entitled to, at its sole discretion, determine whether the Promotion Services or any part thereof will be available to you.
3.1 As a condition of your access to and use of the Sites or Services of Fundle, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services of Fundle.
3.2 You agree not to use the sites or services of Fundle for any unlawful or abusive purpose or in any way that interferes with Fundle, its devices or its affiliates.
3.4 Fundle may allow Users to access the content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that Fundle has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Fundle and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Fundle’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any logos, trademarks, service marks, brands, description/information in the product listings, and any other information, content or material on the Sites (any of such information, content or material, collectively referred to as “User Content”) or providing any User Content to Fundle and/or its affiliates and their respective representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Fundle and/or its affiliates and their respective representative(s) to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using the User Content, remove any part of it (including, without limitation, the watermark or mark the User Content bears), and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner, on the Sites, Fundle Channels and/or Third Party Channels and for any purpose which may be beneficial, whether directly or indirectly, to Fundle, the operation of the Sites, the provision of any Services and Promotion Services and/or the business of the User. You confirm and warrant to Fundle that you have all the rights, power and authority necessary to grant the above license and the User Content and use of such User Content (including derivative works) by Fundle and/or its affiliates under such license is free from any infringement or violation of any Third Party Rights (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive all your rights to enforce your Intellectual Property Rights in the User Content against Fundle and/or its affiliates, assignees or sub-licensees in connection with use of such User Content in connection with the Services. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with Fundle’s approval, one User may only register one member account on the Sites. Fundle may cancel or terminate a User’s member account if Fundle has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Furthermore, Fundle may reject User’s application for registration for any reason.
4.2 Upon registration on the Sites, Fundle shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify Fundle immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Fundle or other Users of the Sites. Member shall indemnify Fundle, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Fundle shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without prejudice to Fundle’s rights and interests.
5.2 Member shall be required to provide information or material about you, your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current, and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) neither the Member nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products online.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
5.6 Each Member further represents, warrants and agrees that you shall/are:
5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to Fundle’s e-commerce marketplace business.
5.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Fundle’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Fundle shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
5.9 Member acknowledges and agrees that Fundle reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. Fundle does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.10 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
5.11 Each Member represents, warrants and agrees that
(a) you and your affiliates shall comply with applicable laws and regulations while using our site (including without limitation to applicable laws and regulations with respect to product safety, intellectual property rights, data privacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price gouging, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering).
(b) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted or proposed to be enacted by any country, international organization or jurisdiction;
(c) If, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately. If Fundle reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, Fundle may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to, terminating the provision of Services to you and terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its members.
6.1 You will not access or otherwise use the Sites of Fundle or its affiliates in any unlawful manner, for any unlawful purpose or in violation of these Terms, which includes but is not limited to the following:
6.2 You are solely responsible for your User Content, the consequences of making User Content, and your reliance on any User Content. Fundle is not responsible for the consequences of any User Content, or for screening or monitoring User Content made to the App by users. If notified of User Content allegedly in violation of these Terms, Fundle may investigate and determine at its sole discretion whether to remove such User Content.
Any ideas, suggestions, enhancement requests, feedback, recommendations, know-how, or concepts (“Feedback”) that are offered or communicated to Fundle through the App or otherwise, are the property of Fundle, and may be treated by Fundle as non-confidential information. Fundle shall have the unrestricted right to use and disclose such Feedback for any purpose without compensation or obligation to any party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDLE, ITS AFFILIATES, OR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SITES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY FUNDLE, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITES, EVEN IF FUNDLE, ITS AFFILIATES, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER FUNDLE, ITS AFFILIATES, NOR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FUNDLE DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES AND STRIKES OR OTHER LABOR PROBLEMS.
10.2 You shall indemnify and hold harmless Fundle, its Affiliates, their respective partners, officers, employees agents, licensors, distributors, and suppliers and the Information Providers from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your (i) violation of these Terms; or (ii) access and/or use of, or interaction with the App and/or Content (including, without limitation, the Forums); or (iii) any act, error, or omission of your use of an account or any user of your account, in connection therewith.
11.1 Fundle reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject Fundle or our affiliates to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or Fundle or our affiliates, or (vi) is otherwise found inappropriate in Fundle’s sole discretion.
11.2 If any Member breaches any Terms, or if Fundle has reasonable grounds to believe that a Member is in breach of any Terms, Fundle shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Fundle in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as Fundle may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Fundle may deem necessary or appropriate in its sole discretion.
11.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
11.3 Fundle reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, to the extent fully permitted by applicable laws and policies, Fundle may disclose the Member’s identity, contact information and/or information regarding the Member’s account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Fundle shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Fundle for such disclosure.
11.4 Fundle may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if Fundle has reason to believe that a user is in breach of the terms and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Fundle reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.
11.5 Each Member agrees to indemnify Fundle, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.
11.6 Each Member further agrees that Fundle is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including but not limited to fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. Fundle reserves the right, at its own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Fundle in asserting any available defenses.
12.1 Fundle is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain under sole ownership of Fundle, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Fundle are hereby reserved.
12.2 “Fundle,” “Fundle”.money and related icons and logos are registered trademarks or trademarks or service marks of SBBS AFRICA LTD and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary Intellectual Property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
12.3 Fundle may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You shall not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
12.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by Fundle and/or its affiliates using User Content pursuant to the Terms shall belong to Fundle, which may be freely assignable, licensable or grantable by Fundle to any third party or its affiliates.
12.5 The existing intellectual property rights may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Fundle’s prior written consent, except to the extent that such use is expressly authorized under Rwandan Intellectual Property laws. The Company’s trademarks, trade names, logos, images, and, service marks used on the sites are the property of Fundle and may not be used without prior written permission from Fundle and then only with proper written acknowledgment.
13.1 All legal notices or demands to or upon Fundle shall be made in writing and sent to Fundle personally, by courier or certified mail to the following entity and address: SBBS AFRICA LTD, Norrsken, KN 78 St, Nyarugenge, Kigali, Rwanda. The notices shall be effective when they are received by Fundle in any of the above-mentioned manner.
14.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Fundle, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
14.3 You agree that all agreements, notices, demands, disclosures and other communications that Fundle sends to you electronically will satisfy any legal requirement that such communication should be in writing.
DISPUTES THAT ARISE UNDER THIS POLICY SHALL BE RESOLVED AMICABLY AND INCASE OF FAILURE OF SUCH AMICABLE SETTLEMENT, SUCH DISPUTES SHALL BE REFFERED TO COMPETENT COURTS OF THE REPUBLIC OF RWANDA FOR REDRESS
17.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Fundle with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
17.2 Fundle and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
17.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
17.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
17.5 Fundle’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Fundle’s right to act with respect to subsequent or similar breaches.
17.6 Fundle shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Fundle). You shall not assign, in whole or in part, the Terms to any person or entity.
HOW TO CONTACT US
If you have any comments on the Services we provide to you, you may contact our customer service support from any of the following channels with any such feedback or questions:
By email: firstname.lastname@example.org
By visiting this page on our website: https://www.fundle.money
By phone number: +(250)788329049