Y9’s Mobile App for Customers Terms of Use.

The www.y9bank.com website and Y9 Customer App mobile application (“App”) are owned and operated by Y9 Microfinance Tanzania Limited (“Y9”) a company duly incorporated under the provisions of the Companies Act, 2002 and The Banking and Financial Institutions Act 2006, and having its registered offices at P.O. BOX 20787 Dar es Salaam located at 180 Msasani Bay, Kinondoni Dar es Salaam. To access or use the App on any compatible device and avail Services you are required to accept these Terms and Conditions (“T&Cs”). By accepting these T&Cs, you signify that you have read, understood, and agree to be bound by these T&Cs and any other applicable law, whether or not you are a registered user of the App. As used herein, “User” shall mean anyone who uses or accesses the App on any computer, mobile phone, tablet, console, or other device (collectively, “Device”) and/or avails the Services. Your continued use of the App and/or availing of the Services shall be constituted as your acceptance to the T&Cs. If you do not agree with these T&Cs, please do not access and use the App or avail such Services. For the purposes of these T&Cs, “Y9” shall mean Y9, and/or third-party service providers engaged by Y9 to render certain Services on the App and ‘you’ and ‘your’ shall mean a User who meets the eligibility criteria set out below.

  1. TERMS AND CONDITIONS 
  • 1.1. These T&Cs replace all earlier terms and conditions (if any) except where we advise you otherwise. Your access and use of the App following any such change constitutes your agreement to follow and be bound by these T&Cs. For this reason, Y9 encourage you to review these T&Cs each time you access and use the App and/or avail Y9 Services. 
  1. PURPOSE
  • 2.1. Y9 is a digital Microfinance provider aiming to help develop the lifestyle of the people of Tanzania and the African continent as a whole by providing financial services to the unbanked and under banked by creating access to digital education, digital healthcare, etc. by offering 4G smartphones on very fair terms to make it accessible to all citizens by enabling meaningful financial and digital inclusion.
  1. SERVICES
  • 3.1. Y9 shall provide micro-financing Digital and Financial inclusion by providing smartphones with  offering attractive unique & quick short term small loans at affordable rates Exclusive financial services offerings which would satisfy peoples’ needs in their day to day lives and create great social and economic impact, Free e-books with every membership, membership & loyalty benefits for being a Y9 member.
  • 3.2. Y9 will determine and approve the credit limit sanctioned to you, details of which shall be available on your Account. Subject to this credit limit, Y9 may, at its sole discretion, allow disbursements, by confirming the disbursal amount and other terms and conditions of the disbursal as set out on the App and in a loan Agreement between you and Y9.
  • 3.3. Y9 shall provide the following facilities to you (“Services”):

3.3.1. to provide the credit facility;

3.3.2. to facilitate collection of scheduled payment instalments from you; and

3.3.3. to create and maintain your Account in connection with the Services, on the App.

  • 3.4. Y9 reserves the right, without any prior notice to:
    • (i) add new services;
    • (ii) modify existing Services; and/or
    • (iii) remove portions of the Services, as and when it deems fit and at its sole discretion. 
  1. ELIGIBILITY 
  • 4.1. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&Cs. You shall not access and use the App or avail Y9 Services if you are not competent to contract under the applicable laws, rules and regulations.
  • 4.2. For accessing the App and availing its Services, you, as a User, further represent that you are an Tanzanian national having tax residency in Tanzania. You also represent and assure that you are not a tax resident of any other country.
  • 4.3. Y9 maintain the right to render Services to only those users who are –
    • a) competent to enter into legally binding contracts,
    • b) have made the representations as provided above,
    •  c) and also qualify under the internal policy(ies) for the same determined solely by Y9 from time to time. Y9 shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(ies), in relation to the provision of the Services at any time with prior written notice or intimation to the Users. Further, Y9 shall have the right to not entertain any requests in relation to the same, from the Users towards such Services without assigning any reason. 
  • 4.4. Y9 shall have the right to not process a transaction through the App, if Y9 in its sole discretion determines that such transaction undertaken by a User is not authorized by such User or that the transaction is not genuine or suspicious.
  • 4.5. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the App and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as Y9 may require in connection therewith.
  1. REPRESENTATIONS, WARRANTIES AND UNDERTAKING
  • 5.1. The information and data contained in the App do not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services in any jurisdiction other than Tanzania.
  • 5.2. All information provided by you to Y9 is accurate, correct and true.
  • 5.3. You acknowledge and agree that Y9 is entitled to remove any/all the information on the App that is in contravention of these T&Cs.
  • 5.4. You hereby authorize Y9, to make any enquiries with any other finance company/bank/registered credit bureau regarding your credit history with them, in connection with the Services under these T&Cs. 
  • 5.5. You agree to not engage in any activities pertaining to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with Y9. 
  • 5.6. You agree not to
    • (i) create multiple Accounts or fake Accounts;
    • (ii) create Accounts fraudulently; and/or
    • (iii) use the App for any unlawful or immoral purpose.
  • 5.7. You understand that Y9 does not provide any warranties for its Services and shall not be made liable for any claims made by you or any third-party. In this regard, you undertake to accept and be solely liable for the Services availed by you from Y9. 
  1. DELAYS IN PROCESSING
  • 6.1. You understand that there might be inadvertent delays while the Services are being rendered to you, including but not limited to, at the time of making a purchase or making payment to the merchant. Please note that any transaction may be cancelled until the time it is confirmed by Y9.
  1. COLLECTION
  • 7.1. You agree to:

7.1.1. allow Y9 (or its third-party service providers), to send you payment reminders from time-to- time;

 

7.1.2. allow Y9 (or its third-party service providers), to engage in collection efforts to recover amounts that you failed to pay to Y9 pursuant to these T&Cs.

 

These collection efforts may involve, inter alia, contacting either you directly or any other contact details provided by you at the time of creation of Account, submitting your information to a collection agency, or taking legal action. 

  1. COLLECTION OF INFORMATION
  • 8.1. In the course of availing Services, you authorize Y9, directly or through third-parties, to make any inquiries Y9 consider necessary to validate your identity and to collect information about you in accordance with these T&Cs. This may include asking you for further information that will allow Y9 to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third-party databases or through other sources. You may also be required to provide documents to help Y9 validate your identity. In the event Y9 is unable to obtain or verify your information, Y9 reserves the right to close, suspend, or limit access to your Account and/or the Services rendered. By availing the Services, you also consent to enable Y9 to validate your identity and to collect information about you in accordance with these T&Cs. 
  • 8.2. You also provide your consent to Y9 to use and share the information provided by you in connection with the Services. You also agree and consent to Y9 to assess the information, based on your usage of the App.
  • 8.3. You agree to provide only true, accurate, current and complete information about yourself, and you agree not to misrepresent your identity or your account information in the course of availing Services. You further agree to keep your Account information up to date and accurate.
  • 8.4. The responsibility of providing correct information, details, including the contact information, amount, the account details etc. lies solely with you. Y9 shall not be responsible to verify the accuracy of the information/ details provided by you. In the event of any changes in the details or information provided by you initially, you must inform Y9 of such changes within a reasonable period of time. If any incorrect account number is provided by you, any amount may be deposited /credited to the wrong account and there is no guarantee of recovery of the same. Y9 will not be responsible for any loss or damage that may be sustained by you on account of such error on your part.
  1. INTELLECTUAL PROPERTY POLICY
  • 9.1. All of the content on the App, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade-names (“App Content“), constitute Y9 and Y9 licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the App and the App Content.
  • 9.2. You may access the App, avail of the features and facilities and utilize the App Content in connection with the subject matter thereof. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the App Content, features or facilities, directly or indirectly, without Y9 prior written permission. If you would like to request permission to commercially exploit any particular App Content, you could contact Y9 in the manner provided for herein.
  • 9.3. Y9 and its licensors, if any, are the sole owners of the underlying software and source code associated with the App and all the trademarks, copyright and any other intellectual property rights of any nature in the App. 
  1. USER ACCOUNT, PASSCODE & SECURITY
  • 10.1. You have an option to set a security passcode on the App. You are responsible for maintaining the confidentiality of the passcode and your account (“Account”) and you are also fully responsible for all activities that occur under your passcode or Account. You agree to:
    • (a) immediately notify Y9 of any unauthorized use of your passcode or Account or any other breach of security; and
    • (b) ensure that you exit from your Account at the end of each session. Y9 cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 10.
  • 10.2. You hereby acknowledge that the deletion of the App from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. If and when you are desirous of having your name and other details removed from the records of Y9, upon receiving your written request to that effect, Y9 shall subject to requirements under applicable law remove and/delete all such information. 
  1. USE OF APP – FEATURES AND FACILITIES 
  • 11.1. Through the App, Y9 assists Users to gain access to certain credit schemes.
  • 11.2. Y9 hereby grants to you a restricted, non-transferable, license to download and use the App on a Device, which you own or control, to avail of the functions and features in accordance with these T&Cs.
  • 11.3. Your usage of the App will require you to provide to Y9 certain personal and financial information, which shall be collected and maintained as per the terms laid down in these T&Cs.
  • 11.4. Y9 may update the App from time to time in order to, inter alia, increase its efficiency, optimize user interface and add new features and/or facilities. 
  • 11.5. Y9 allow Y9 affiliates or third parties to collect certain information when you visit Y9 App through the use of cookies or third-party web beacon. 
  • 11.6. You are required to seek Y9’s permission in case you are writing something associated with the App on social media or otherwise. In the event you post any content on your own site or any other third-party sites about Y9 without Y9 prior written permission, Y9 may take strict actions against you.
  • 11.7. You may choose to, or Y9 may invite you to submit comments or ideas about the Services rendered under these T&Cs, including without limitation about how to improve the Services. By submitting any such ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Y9 or any of its affiliates or subsidiaries, under any fiduciary or other obligation, and that Y9 will be free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Y9 does not waive any rights to use similar or related ideas previously known to, or developed by employees, or obtained from sources other than you.
  • 11.8. IN THE EVENT YOU HAVE ANY COMPLAINT AGAINST THE CONTENTS (OR ANY PORTION THEREOF), INCLUDING THAT THE CONTENTS THEREIN ARE INCORRECT OR BREACH THE RIGHTS OF A THIRD-PARTY, Y9 SHALL TAKE ALL COMMERCIALLY REASONABLE MEASURES TO ADDRESS THE SAME. HOWEVER, Y9’S SOLE OBLIGATION IN THIS REGARD SHALL BE TO REMOVE SUCH CONTENT FROM THE APP; AND THE USER SHALL HAVE NO FURTHER CAUSE OF ACTION AGAINST Y9.
  1. SERVICE PROVIDERS
  • 12.1. Y9 may employ third-party service providers and individuals for the following activities:

12.1.1. To facilitate Y9 Service;

12.1.2. To provide the Service on Y9 behalf;

12.1.3. To perform Service-related services; or

12.1.4. To assist Y9 in analysing how Y9 Service is used.

  • 12.2. You acknowledge that the third-party service provider/agent/agencies may have access to your personal information on a need-to-know basis to assist Y9 in rendering Service, and the service providers are restricted from using the same for any other reason. The third-party service providers are obligated not to disclose or use the information for any other purpose.
  1. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN TANZANIA
  • 13.1. These T&Cs are intended for Users within the territory of Tanzania and govern your rights as per applicable law within the territory of Tanzania. However, in the event you fall under a jurisdiction outside the purview of Tanzanian law, Y9 will not be liable for any claim, action and/or right initiated/exercised by you as per the extant laws of that jurisdiction. Therefore, Y9 request you to kindly use the App accordingly.
  1. CUSTOMER COMMUNICATIONS
  • 14.1. Accepting these T&Cs implies your express consent to be contacted by Y9, Y9 agents, representatives, affiliates, or anyone calling on Y9 behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to Y9 contacting you in any manner, including without limitation, SMS messages (including text messages), WhatsApp, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
  • 14.2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to Y9 are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to Y9 and emails at each of the email addresses you have provided Y9. You agree to notify Y9 whenever you stop using a particular telephone number(s) and/or email address (es).
  • 14.3. In relation to the unsolicited communication referred to in the laws as laid down by the Tanzania Communication Regulatory Authority, you confirm that laws will be applicable for such communication/calls/SMS/messages through WhatsApp messenger application received from Y9, its employees, agents and/or associates.
  1. SYSTEM REQUIREMENTS
  • 15.1. In order to use the App, you are required to have a compatible Device with the following minimum specifications: Android Operating System version Android 5.0 or higher or iOS 7.1.2 or higher.
  1. USER GUIDELINES
  • 16.1. In consideration of Y9 granting you the rights hereunder, you hereby agree not to use the App for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&Cs. You shall not use the App in any manner that could damage, disable, overburden, or impair Y9 server, or any network(s) connected to any server, or interfere with any other party’s use and enjoyment of the App. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the App.
  • 16.2. The App is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to:
    • (i) make and/or distribute copies of the App or any deliverable generated by the App;
    • (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the App; and/or
    • (iii) create derivative works of the App.
  • 16.3. You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
  • 16.4. You shall not copy, reproduce, distribute, or create derivative works of Y9 content that is available on the App. Also, you shall not reverse engineer or reverse compile Y9 technology that is available on the App, including, without limitation, such Java Applet, as may be associated with the App from time to time.
  • 16.5. You shall request Y9, to block the Account and change the passcode/password immediately for your Account(s), if your Device has been lost or stolen.
  • 16.6. You are responsible for any and all activities that occur in your Account(s). You agree to notify Y9 immediately of any unauthorized use of your Account or any other breach of security. Y9 shall not be liable for any loss to you or any third party owing to negligent actions or a failure on your part to inform Y9, within a reasonable time, about the loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
  • 16.7. You shall be liable for losses incurred by Y9 or any other party due to a third-party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and Y9.
  • 16.8. Y9 shall make all reasonable efforts to ensure that your information is kept confidential. However, Y9 shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
  • 16.9. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and Y9 shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
  • 16.10. You understand and acknowledge that upon using the App, you authorize Y9 to access third-party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Y9 a limited powers and hereby authorize Y9 with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third-party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with Services and facilities available on the App, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Y9 ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, Y9 ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD-PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorisation, agency granted by you.
  • 16.11. You must notify Y9 immediately in the event your mobile device is lost, stolen, not received, or is being misused without your permission.
  • 16.12. You hereby acknowledge and agree that Y9 shall not be liable for failure of any transaction undertaken for any reason whatsoever including but not limited to deficiency of service and/or products delivered as well as technical errors. You further acknowledge that Y9 shall not be responsible in any manner whatsoever, for any loss incurred by you for a failed/ incomplete transaction undertaken by you using Y9 Services. 
  • 16.13. You hereby agree and express your voluntary, unequivocal and informed consent to your personal data or financial information (including such data as may be designated as ‘personally identifiable data’ under the applicable laws), being processed, disclosed and/or transferred by Y9 to third-party entities.
  1. INDEMNIFICATION
  • 17.1. You agree to protect, defend Y9 and hold Y9 harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the App in violation of these T&Cs and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other rights of anyone.
  • 17.2. The terms of this provision will survive any termination or cancellation of these T&Cs or your use of the App.
  1. SUPPORT
  • 18.1. Basic support for the Services shall be provided by Y9. Y9 shall also use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for
    • (i) planned downtime; or
    • (ii) any unavailability due to circumstances beyond Y9’s reasonable control.
  1. WARRANTIES:
  • 19.1. The App and the functions and features therein are provided on an “as is” and on an “as available” basis. Y9 expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • 19.2. Y9 shall make reasonable efforts to make available the App and the functions and features at all times. However, Y9 make no warranty that the App shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further Y9 do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
  • 19.3. Y9 shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of Y9, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
  • 19.4. You are advised to keep your username, password and passcode safe. Y9 shall not be liable in the event your Account is hacked due to errors or omissions at your end.
  • 19.5. Any material downloaded or otherwise obtained through the App is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Y9 through or from the Service will create any warranty not expressly stated in these T&Cs.
  • 19.6. Y9 shall not be liable for any losses and/or damages which may arise as a result of a third-party entity’s usage of the User’s personal data or financial information (including such data as may be designated as ‘personally identifiable data’
  • 19.7. Y9 shall not be liable for any failure or delay in performing its obligations under this facility if such failure or delay
    • (i) is directly caused by a third parties acts or omission;
    • (ii) results from actions undertaken by Y9 in a reasonable good faith to comply with applicable law or to prevent fraud; or
    • (iii) is caused by events beyond Y9’S control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of a force majeure event.
  1. CLOSURE OF ACCOUNTS
  • 21.1. In the event you do not log in to the App or use the Services for one (1) or more years, Y9 may close your Account. However, Y9 will retain your information in accordance with these T&Cs.
  1. LIMITATION OF LIABILITY
  • 22.1. IN NO EVENT SHALL Y9 BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS DUE TO USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS APP’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF Y9 WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE APP, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE APP, OR INABILITY TO USE THE APP, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY
  1. SEVERABILITY
  • 23.1. If any provision of these T&Cs is held to be illegal, invalid or unenforceable under any present or future applicable laws:
    • (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and
    • (b) the remaining provisions of the T&Cs will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
  1. TERMINATION
  • 24.1. These T&Cs and the right to use granted hereunder shall take effect on the date you create an Account with the App, and shall continue in effect until the termination these T&Cs in accordance with this section.
  • 24.2. Y9 may suspend/terminate the use of the App at any time, with or without cause, after giving notice of the suspension/termination to you.
  • 24.3. Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the App.
  1. WAIVER
  • 25.1. Any failure on the part of Y9 to require performance of any provision of these T&Cs shall not affect its right to full performance thereof at any time thereafter, and any waiver by Y9 of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
  1. ASSIGNMENT
  • 26.1. You shall not assign or transfer any rights, obligations, or privileges that you have under these T&Cs, without the prior written consent of Y9. Y9 reserves the right to assign its rights, obligations or privileges to third parties and you hereby agree to such assignment. Any assignment or transfer in violation of this clause will be deemed null and void.
  1. INDEPENDENCE FROM PLATFORMS
  • 27.1. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or (each being an “Operator”).
  • 27.2. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
  • 27.3. You and Y9 acknowledge that these T&Cs are concluded only between you and Y9, and not with an Operator, and Y9, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these T&Cs. 
  • 27.4. Y9 is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and Y9 acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • 27.5. You and Y9 acknowledge that Y9, not the relevant Operator, is responsible for addressing any User claims or any third-party claim relating to the App or your possession and/or use of the App, including, but not limited to:
    • (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    • (ii) claims arising under consumer protection or similar legislation.
  • 27.6. You and Y9 agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, Y9 and not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by Y9.
  • 27.7. You must comply with any applicable third-party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your Device’s agreement or any wireless data service agreement).
  • 27.8. You and Y9 agree that the relevant Operator, and that Operator’s subsidiaries, are third-party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, that Operator will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third-party beneficiary thereof.
  1. UPDATES
  • 28.1. Y9 reserves the right to update the App, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.
  • 28.2. You hereby agree to install the updates from time to time and acknowledge that Y9 will only be able to provide Account support for the App if you ensure installation of all updates upon receiving notifications thereof when using the App.
  1. VALIDITY OF T&Cs
  • 29.1. These T&Cs shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account and avail Services.
  1. SECURITY:
  • 30.1. You are prohibited from violating or attempting to violate the security of the App, including, without limitation:

30.1.1. accessing data not intended for you or logging into an account which you are not authorized to access;

30.1.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

30.1.3. interfering with Services to any User, host, or network.

  • 30.2. You shall not misuse this App by intentionally introducing viruses, Trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together “Viruses “). You will not attempt to gain unauthorized access to the App, or any server, computer or database connected to the App. You will not attack this App via a denial-of-service attack. Further, you shall not interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on use of or access to the App, such as probing or scanning the vulnerability of any system, network or breach.
  • 30.3. Should you breach the provisions of this Clause, you will be liable to be prosecuted under the applicable laws. Y9 will immediately report such breach to the relevant law enforcement authorities and will co-operate with such authorities by disclosing your identity to them. In the event of such a breach, your rights to use this App will cease immediately.
  • 30.4. Y9 will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it.
  • 30.5. You agree to immediately report to Y9 all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
  • 30.6. You shall not interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the App by other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the App, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the App.
  • 30.7. All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. Y9 reserve the right to suspend/terminate your Account at any time if it is found that you have been sharing the password with any unauthorized user.
  • 30.8. In order to reduce the risk of unauthorized access, a user is logged out from the account and will have to enter his details and login afresh, after 3 (three) consecutive incorrect login attempts.
  1. MONITORING
  • 31.1. All electronic communications and content presented and/or passed to Y9, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Y9 in the exercise of their duties, or by law enforcement authorities who may be assisting Y9 in investigating possible contravention/non-compliance with the applicable laws. Electronic communications and content may be examined by automated means. Further, Y9 have the right to reject, at Y9 sole discretion, from the App any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Y9.
  1. GOVERNING LAW AND JURISDICTION
  • 32.1. These T&Cs are governed and construed in accordance with the laws of the United Republic of Tanzania. By using the App, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Tanzania, in the event of any disputes arising out of or in relation to your access to and use of the App.
  1. CONTACT INFORMATION
  • 33.1. If you have any questions or concerns regarding the T&Cs, please feel free to contact Y9 at the following email address [email protected] or at the contact details published on the App. 

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