Download Now Definitions
For the purposes of this Agreement, the following terms shall have the meanings set out below:
Agreement: refers to these Terms and Conditions, including any amendments or modifications, governing the use of the Simba Money platform and services.
User: refers to the individual or entity who accesses or uses the Simba Money platform and services. References to “you” or “your” shall mean the User.
Simba Money: refers to Simba Money Limited, a legal entity registered under the laws of Tanzania, including its officers, directors, employees, and agents.
Platform: refers to the Simba Money website, mobile application, or any other medium through which Simba Money services are offered.
Services: refers to all products, functionalities, and financial services provided by Simba Money, including but not limited to money transfers, currency exchanges, and payment services.
Account: refers to the personal or business account created by the User on the Simba Money platform to access and use its services.
Personal Data: refers to any information relating to an identified or identifiable individual, as collected, stored, and processed by Simba Money, in accordance with its Privacy Policy and applicable data protection laws.
Fees: refers to any charges, commissions, or costs associated with the use of Simba Money’s services.
Third-Party Rights: refers to the intellectual property rights, contractual rights, or any other rights owned or controlled by a third party, which may be infringed upon through the improper use of Simba Money services.
Force Majeure: refers to unforeseen and uncontrollable circumstances that prevent Simba Money from fulfilling its obligations under this Agreement, including but not limited to natural disasters, war, acts of terrorism, government actions, labor strikes, or technological failures.
Confidential Information: refers to any non-public information that is disclosed by one party to another in the course of using Simba Money services, which is intended to be kept confidential.
Formation of Agreement
1.1. Binding Agreement: This Agreement constitutes a legally binding contract between Simba Money Limited (“Simba Money”) and you, the individual or entity accessing or using the Simba Money platform or services (“User”). By accessing or using the platform, services, or features, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
1.2. Acceptance of Terms: If you do not agree to these terms, you must immediately cease using the Simba Money platform and services. Your continued use constitutes your acceptance of these terms in their entirety.
1.3. Additional Agreements: By accepting these terms, you may be subject to additional guidelines or agreements specific to certain Simba Money services or products. Such agreements will be supplementary to this Agreement and will have full force alongside these terms
User Eligibility
2.1. Age Requirement: To use the Simba Money platform or services, you must meet the legal age requirements of your jurisdiction and possess the legal capacity to enter into a binding contract. By agreeing to these terms, you confirm that you meet these age and capacity requirements.
2.2. Legal Compliance: You represent and warrant that your use of the Simba Money platform and services does not violate any laws, regulations, or legal restrictions applicable to you, including but not limited to international and local financial regulations.
2.3.Geographical Restrictions: Simba Money may restrict or refuse access to its platform or services for users in specific regions if such access violates local laws or regulations.
Account Creation and Usage
3.1. Account Registration: To access Simba Money’s services, you must create an account with accurate, complete, and current information. Any falsification or misrepresentation of information may result in suspension or termination of your account.
3.2. Account Registration: To access Simba Money’s services, you must create an account with accurate, complete, and current information. Any falsification or misrepresentation of information may result in suspension or termination of your account.
3.3. Notification of Breach: If there is unauthorized access to your account or any suspected security breach, you agree to promptly notify Simba Money. Failure to do so may result in liability for any losses incurred.
Services
4.1.Service Offerings: Simba Money provides various financial services, including but not limited to money transfers, currency exchanges, and other related services. The scope of these services may be detailed in supplementary agreements or service-specific terms.
4.2.Modifications to Services:Simba Money reserves the right to modify, update, or discontinue any aspect of its services with or without prior notice. Such modifications may include changes in functionality, fees, or availability of services. Simba Money will not be liable for any modification, suspension, or discontinuation of its services.
4.3.Service Availability:Simba Money strives to maintain service availability but does not guarantee uninterrupted or error-free access. Interruptions may occur due to system maintenance, technical difficulties, or other unforeseen circumstances.
Fees and Charges
5.1. Fee Disclosure: Simba Money may charge fees for certain services, transactions, or features. These fees will be clearly communicated before you initiate any transaction or service. You agree to pay all applicable fees.
5.2. Fee Changes: Simba Money reserves the right to change its fee structure at any time. While efforts will be made to notify users where practicable, your continued use following any fee changes constitutes acceptance of the revised fees.
5.3. Taxes: You are solely responsible for paying any applicable taxes related to your use of Simba Money services, including but not limited to income, transaction, or value-added taxes.
Personal Data
6.1. Data Collection and Processing: Simba Money collects, stores, and processes your personal data in accordance with applicable data protection laws, including Data Protection (Personal Data Collection and Processing) Regulations. By using Simba Money services, you consent to the collection, use, and disclosure of your data as outlined in the Privacy Policy.
6.2.Data Usage: Your personal data will be used to provide and improve services, verify your identity, ensure security, communicate with you, and comply with legal obligations.
6.3.User Rights:You have the right to request access, correction, or deletion of your personal data, subject to legal limitations. To exercise these rights, contact Simba Money’s customer support or data protection officer as detailed in the Privacy Policy.
Security
7.1. Security Measures: Simba Money implements reasonable security measures to safeguard your personal data and account information from unauthorized access, disclosure, alteration, or destruction.
7.2. User Responsibility: While Simba Money takes significant steps to protect your data, you are responsible for maintaining the security of your account credentials and devices. Simba Money shall not be held responsible for losses resulting from your failure to protect your account information.
Limitation of Liability
8.1.No Warranty: Simba Money provides its services on an “as-is” and “as-available” basis. Simba Money disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2. Exclusion of Liability: Simba Money shall not be liable for indirect, incidental, punitive, consequential, or special damages, including but not limited to loss of profits, revenue, data, or goodwill, arising from your use of the platform or services.
8.3. Liability Cap: Simba Money’s total liability for any claims related to this Agreement or your use of services will be limited to the fees paid by you in the twelve (12) months preceding the incident giving rise to the claim.
Indemnification
9.1.User Indemnity:You agree to indemnify, defend, and hold harmless Simba Money, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including legal fees, arising from your use of the platform or services, your breach of this Agreement, or your violation of any laws or third-party rights.
Governing Law and Jurisdiction
10.1.Governing Law:This Agreement shall be governed by and construed in accordance with the laws of Tanzania, without regard to conflict of law principles.
10.2.Dispute Resolution: Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Tanzania.
Amendments
11.1.Right to Amend:Simba Money reserves the right to modify or amend these terms and conditions at any time.
11.2.Effective Date of Changes:Any amendments to this Agreement will be effective upon posting on the Simba Money platform or upon written notification to you.
11.3. User Acceptance of Amendments: Your continued use of the Simba Money platform or services after any amendments will constitute your acceptance of the updated terms.
Severability
12.1.Severability:If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the intent of the parties, and the remaining provisions shall continue in full force and effect.
Force Majeure
12.1.Force Majeure:Simba Money shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.