T & C for Direct Consumers
Use of the NDASENDA Platform / NDASENDA Services for Direct ConsumerPlease read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the NDASENDA website located at ndasenda.com, ndasenda.co.uk, and all associated sites linked to NDASENDA, or the NDASENDA mobile application or any similar platform (hereinafter collectively, the NDASENDA Platform run by FN Software Solutions Limited directly or through its partners or channel partners, having its registered office and headquartered at 10 Cambridge Road, Newlands, Harare, Zimbabwe (hereinafter collectively, FN or NDASENDA) on any device and/or before availing any services offered by NDASENDA on the NDASENDA Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by NDASENDA on the NDASENDA Platform (hereinafter individually, and collectively, the NDASENDA Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all NDASENDA Services, whether offered by FN or its affiliates.
AcceptanceBy registering on, accessing, browsing, downloading or using the NDASENDA Platform for any general purpose or for the specific purpose of availing any NDASENDA Service, You agree to be bound by the single sign-in ID (SSID using your mobile phone number) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each NDASENDA Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSID or any additional or modified service-specific terms and conditions in relation to any NDASENDA Service or any future service that may be offered by NDASENDA on the NDASENDA Platform. By registering on, accessing, browsing, downloading or using (as applicable) the NDASENDA Platform or availing any NDASENDA Service or the SSID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the NDASENDA Platform and immediately terminate Your availing the NDASENDA Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 15 years of age and an individual user of the NDASENDA Platform or a customer or beneficiary of the NDASENDA Services, and NDASENDA. All services are rendered by NDASENDA through the NDASENDA Platform under the brand name NDASENDA (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, NDASENDA, regarding Your use of NDASENDA digital services (which includes but may not be limited to prepaid recharge, bill payment), or any such other services which may be added on the NDASENDA Platform and which will henceforth be a NDASENDA Service, from time to time. The NDASENDA Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, NDASENDA grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the NDASENDA Platform and/or avail the NDASENDA Services.
EligibilityThe NDASENDA Services are not available to persons under the age of 15 or to anyone previously suspended or removed by NDASENDA from availing the NDASENDA Services or accessing the NDASENDA Platform. By accepting the T&Cs or by otherwise using the NDASENDA Services on the NDASENDA Platform, You represent that You are at least 15 years of age and have not been previously suspended or removed by NDASENDA, or disqualified for any other reason, from availing the NDASENDA Services or using the NDASENDA Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, NDASENDA reserves the right to suspend or permanently prevent You from availing NDASENDA Services or using the NDASENDA Platform.
Other Terms and ConditionsAdditional terms and conditions may apply in order for You to avail specific NDASENDA Services and to specific portions or features of the NDASENDA Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the NDASENDA Platform or for any NDASENDA Service offered on or through the NDASENDA Platform, the latter terms shall control with respect to Your use of that portion of the NDASENDA Platform or the specific NDASENDA Service. NDASENDA may make changes to any NDASENDA Services offered on the NDASENDA Platform, or to the applicable terms for any such NDASENDA Services, at any time, without notice. The materials on the NDASENDA Platform with respect to the NDASENDA Services may be out of date, and NDASENDA makes no commitment to update the materials on the NDASENDA Platform with respect to such NDASENDA Services. The following terms also govern and apply to Your use of the NDASENDA Platform, and they are incorporated herein on ndasenda.com and ndasenda.co.uk
SSID Service, Participating PlatformsNDASENDAs SSID service offers You the convenience, after a one-time registration any NDASENDA Platform, to sign in (log in) to all web pages and online platforms operated by NDASENDA or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSID Service, the user can log-in via each Participating Platform with his SSID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which NDASENDA SSID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of NDASENDA is solely responsible only for those content that it actually operates. For the SSID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSID shall be owned and operated by FN for use on all Participating Platforms. For the use of NDASENDA SSID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSID service or to disclose them otherwise. The user is obliged to inform NDASENDA immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSID service (hereinafter the SSID Agreement). Our offer for the conclusion of the SSID Agreement is then effected by the fact that NDASENDA sends the user a confirmation by e mail, in which a confirmation email, so that in this way the SSID Agreement enters into force. Conclusion of the SSID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. NDASENDA is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for NDASENDA) are in all respects complete, true, accurate and not misleading. Any changes to user data should be promptly updated correctly in its account.
Communication PolicyBy accepting the T&Cs, You accept the following:
a) NDASENDA may send alerts to the mobile phone number provided by You while registering with the NDASENDA Platform or on any updated mobile number subsequently provided by You on the NDASENDA Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ON mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in OFF mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
b) NDASENDA will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from NDASENDA as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the NDASENDA Platform or availing any NDASENDA Services. NDASENDA shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold NDASENDA liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
c) The SMS/e-mail alert/push notification service provided by NDASENDA is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, NDASENDA shall be immediately informed about the same by You and NDASENDA will make best possible efforts to rectify the error as early as possible. You shall not hold NDASENDA liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
d) The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. NDASENDA shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
e) You will indemnify and hold harmless NDASENDA and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney fees which NDASENDA or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to transaction confirmation, delivery of digital service, delay, and/or rescheduling from NDASENDA and/or the SMS/e-mail service provider.
Use of NDASENDA PlatformYou understand that except for information, products or services clearly indicated as being supplied by NDASENDA, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that NDASENDA cannot and does not guarantee or warrant that files available for download through the NDASENDA Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
Prohibited ConductBy accessing or using the NDASENDA Platform or by availing NDASENDA Services, You agree not to:
a) violate the T&Cs;
b) impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person digital signature, misrepresent the source, identity, or content of information transmitted via the NDASENDA Services, perform any other similar fraudulent activity or otherwise avail NDASENDA Services with what we reasonably believe to be potentially fraudulent funds;
c) infringe our or any third party intellectual property rights, rights of publicity or privacy;
d) use the NDASENDA Services if You are under the age of 15 years without a parental sponsor or, in any event, use the NDASENDA Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
e) post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
f) post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
g) refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to NDASENDA;
h) remove, circumvent, disable, damage or otherwise interfere with security-related features of the NDASENDA Services and the NDASENDA Platform or features that enforce limitations on the use of the NDASENDA Services or the NDASENDA Platform;
i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards NDASENDA Services or NDASENDA Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
j) use the NDASENDA Services or the NDASENDA Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the NDASENDA Services or the NDASENDA Platform in an automated manner;
k) modify, adapt, translate or create derivative works based upon the NDASENDA Services and the NDASENDA Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
l) intentionally interfere with or damage operation of the NDASENDA Services or the NDASENDA Platform or any other user enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
m) use any robot, spider, other automatic device, or manual process to monitor or copy the NDASENDA Platform without prior written permission;
n) interfere or disrupt the NDASENDA Platform or networks connected to the NDASENDA Platform;
o) take any action that imposes an unreasonably or disproportionately large load on NDASENDA infrastructure/network;
p) use any device, software or routine to bypass the NDASENDA Platform robot exclusion headers, or interfere or attempt to interfere, with the NDASENDA Services;
q) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the NDASENDA Platform or to manipulate Your presence on the NDASENDA Platform;
r) sell the NDASENDA information, or software associated with or derived from it;
s) use the facilities and capabilities of the NDASENDA Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
t) breach this Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs;
u) provide false, inaccurate or misleading information;
v) use the NDASENDA Platform to collect or obtain personal information, including without limitation, financial information, about other users of the NDASENDA Platform, except and only as expressly provided in the T&Cs;
w) avail NDASENDA Services with what NDASENDA reasonably believes to be potentially fraudulent funds;
x) use the NDASENDA Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to NDASENDA, a third party or You;
y) use the NDASENDA Services in a manner that NDASENDA or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
z) take any action that may cause NDASENDA to lose any of the NDASENDA Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
aa) send automated request of any kind to the NDASENDA Platform without express permission in advance from NDASENDA.