Terms of Use

(Last Updated: February 8, 2025)

1. About these Terms of Use

The TZcash service ("Service") enables you to qualify to borrow small amounts over short periods of time (each a "Loan"). The Service is operated by Speedy Credit Limit ("we", "us" or "Speedy") through the TZcash app, subject to these Terms of Use ("Terms").

These Terms as well as any and all specific terms and conditions for each of our products and services, as amended from time to time, represent an agreement between you ("you", "your" or collectively with other users, "Users") and Speedy; and governs your use and access to our Services.

Please read these terms carefully to ensure that you understand each provision. by clicking “Accept”, or otherwise accepting these terms, you are signifying that you have read and understood the terms, and agree to be bound by these terms, our privacy policy and all future modifications to these terms, as well as to the collection and use of your information as set out in our privacy policy.

2. Your Warranties/ Responsibilities

You hereby confirm and commit to Us that:
2.1 You have full power and authority to enter into and be legally bound by these Terms of Use and to perform Your obligations under these Terms of Use;
2.2 You shall comply at all times with all Applicable Law and these Terms of Use, and will notify Us if You are in breach of any Applicable Law or these Terms of Use;
2.3 You shall only use the System and the Service for lawful purposes and only for the purposes for which it is intended to be used;
2.4 You shall ensure that any documents, Personal Information and Credentials provided by You (or on Your behalf) to Us or otherwise via the System are at all times accurate, current, complete and not misleading;
2.5 You shall only use an internet access point and Account which You are authorized to use;
2.6 You shall not engage in any fraudulent, deceptive or misleading conduct; and
2.7 You shall not impair or circumvent the proper operation of the network which the System operates on.

3. Your Use of the Service

3.1 The Service offered by Us can only be utilized by persons over the age of 18.
3.2 Our acceptance of Your application for an Account will be displayed on the App. You hereby acknowledge and accept that the acceptance by Us of Your application for an Account does not create any contractual relationship between You and the third party.
3.3 We reserve the right to decline Your application for a Loan or to revoke the same at any stage at Our sole and absolute discretion and without assigning any reason or giving any notice thereto.
3.4 We reserve the right (in Our sole and absolute discretion) to issue, decline to issue a Loan and/or vary the terms of any Loan depending on Our assessment of the credit profile of You from time to time. The terms of the Loan and the interest rate payable in relation to each Loan application will be displayed on the App.

4. Acceptance of these Terms of Use

4.1 You must carefully read and understand all the terms set out in these Terms of Use and as amended from time to time by Us before downloading or streaming the App or registering an Account with Us which will govern the use and operation of the App and the Account.
4.2 After downloading the App, You will be deemed to accept these Terms of Use upon clicking the “Accept” option on Our System asking You to confirm that You have read, understood and agreed to abide by these Terms of Use.
4.3 By downloading the App and registering an Account, You agree to comply with and be bound by these Terms of Use governing the operation of the Account and You affirm that the terms herein are without prejudice to any other right that We may have with respect to the Account in law or otherwise.
4.4 These terms may be amended or varied by Us from time to time and the continued use of the Service constitutes Your agreement to be bound by the terms of any such amendment or variation. We will take all reasonable measures to notify You of any changes.
4.5 By using the App or any of the Service, You consent to us collecting and using technical information about the Mobile Device and related software, hardware and peripherals for Service that are internet-based or wireless to improve our products and to provide any Service to You. If You use these Service, You consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of Your data to determine our credit scoring services or to improve our Service and/or Your experience while using the App.
4.6 By using the App and Service, You allow Us to share Your credit information, both positive and negative, with Credit Reference Bureaux, and also to check Your credit report for credit scoring/appraisal purposes.

5. Your Account

5.1 In order to access the System as a user, You must register for and maintain an Account as a user of the App.
5.2 You are responsible for all activities conducted on Your Account. You:
5.2.1 must only have one Account;
5.2.2 must keep Your Account information confidential and secure;
5.2.3 must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
5.2.4 must promptly notify Us if You suspect any unauthorised access to or use of Your Account; and
5.3 We reserve the right to block or deny access to Your Account, and/or block features available in the App, without prejudice to Our other rights and remedies:
5.3.1 if We deem, in Our sole discretion, that You have violated any term of these Terms of Use;
5.3.2 during an investigation;
5.3.3 if You owe any principal, interest, Service Fees or tax to Us or any of Our Group Companies;
5.3.4 if these Terms of Use are terminated for any reason; or
5.3.5 at any other time in Our reasonable discretion.

6. Your Personal Information

You agree and consent to Us using and processing Your Personal Information as set out in the Privacy Policy here, as amended from time to time by Us.

7. Requests Made By You

7.1 You hereby irrevocably authorise Us to act on all Requests received by Us from You (or purportedly from You) through the System and to hold You liable in respect thereof.
7.2 Subject to Our discretion, We reserve the right to reject any Request in relation to a Loan application from You even if You have previously been issued with a Loan by Us.
7.3 We shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in Our absolute discretion, We believes that it can correct the incomplete or ambiguous information in the Request without any reference to You being necessary.
7.4 We shall be deemed to have acted properly and to have fully performed all the obligations owed to You notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and You shall be bound by any Request on which We may act if We have in good faith acted in the belief that such instructions have been sent by You.
7.5 We may, in Our absolute discretion, decline to act on or in accordance with the whole or any part of Your Request pending further enquiry or further confirmation (whether written or otherwise) from You.
7.6 You agree to and shall release from and indemnify Us against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Us having acted in accordance with the whole or any part of any of Your Requests (or failed to exercise) the discretion conferred upon it.
7.7 You acknowledge that to the full extent permitted by Applicable Law We shall not be liable for any unauthorised drawing, transfer, remittance, disclosure, any activity or any incident on Your account by the fact of the knowledge and/or use or manipulation of Your Account PIN, password, ID or any means whether occasioned by Your negligence or not.
7.8 We are authorised to effect such orders in respect of Your Account as may be required by any court order or competent authority or agency under the Applicable Law.
7.9 In the event of any conflict between any terms of any Request received by Us from You and these Terms of Use, these Terms of Use shall prevail.

8. Your Responsibilities

8.1 You shall at Your own expense provide and maintain in safe and efficient operating order Your Mobile Device necessary for the purpose of accessing the System and the Service.
8.2 You shall be responsible for ensuring the proper performance of Your Mobile Device. We shall neither be responsible for any errors or failures caused by any malfunction of Your Mobile Device, and nor shall We be responsible for any computer virus or related problems that may be associated with the use of the System, the Service and the Mobile Device. You shall be responsible for charges due to any service provider providing with connection to the network and We shall not be responsible for losses or delays caused by any such service provider.
8.3 Your access to the App will be through Your Mobile Device. It is Your responsibility to check and ensure that You download the correct App for Your Mobile Device. We are not liable if You do not have a compatible device or if You do not have the latest version of the App for Your Mobile Device.
8.4 If Your Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information and Your Credentials to someone else or otherwise affects Our legal rights and/or remedies, You must immediately notify Us and follow the procedures notified by Us. We shall not be liable for any disclosure of Your Account information and Your Credentials to any third party and You hereby agree to indemnify and hold Us harmless from any losses resulting from any disclosure of Your Account information and Your Credentials.
8.5 You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your Mobile Service Operator, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
8.6 You shall follow all instructions, procedures and terms contained in these Terms of Use and any document provided by Us concerning the use of the System and the Service.
8.7 You shall take all reasonable precautions to detect any unauthorised use of the System and the Service. To that end, You shall ensure that all communications from Us are examined and checked by You or on Your behalf as soon as practicable after receipt by You in such a way that any unauthorised use of and access to the System will be detected. You shall immediately inform Us in the event that:
8.7.1 You have reason to believe that Your Credentials are or may be known to any person not authorised to know the same and/or have been compromised; and/or
8.7.2 You have reason to believe that unauthorised use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
8.7.3 You shall at all times follow the security procedures notified to You by Us from time to time or such other procedures as may be applicable to the Service from time to time. You acknowledge that any failure on Your part to follow the recommended security procedures may result in a breach of Your Account’s confidentiality. In particular, You shall ensure that the Service are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized by You to do so.

 

9. Interest and Service Fees


9.1 The interest payable by You to Us in relation to any Loan shall be displayed by Us on the App. Meanwhile, We shall be entitled to set and charge Service Fees, in connection with Your use of the Service and from time to time amend or vary Our Service Fees for the Service. If We decide to start charging Service Fees or where already applicable, vary or amend Our Service Fees, the Service Fees payable on any new application for Service will be displayed on the App. We will use reasonable endeavors to notify You of any changes in relation to Service Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the App.
9.2 All payments to be made by You under these Terms of Use shall be made in full without any set off or counter claim and save so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If You are at any time required to make any deduction or withholding from any payment to Us, You shall immediately pay to Us such additional amounts as will result in We receiving the full amount it would have received had no such deduction or withholding been required.
9.3 If You fail to make any payments due to Us at the due date for payment, We will be authorised to apply late fees on such amount loaned to You at a rate to be displayed on the App in advance.

10. Default

10.1 An event of default occurs when You:
10.1.1 fail to pay any sum or installment (including all accrued interest, Service Fees and tax
payable for a Loan granted under these Terms of Use for a period of fifteen(15) cumulative days unless failure to pay is caused solely by an administrative error or technical problem; or are declared bankrupt.
10.2 At any time after an event of default has occurred which is continuing, We may, without prejudice to any other right or remedy granted to it under Applicable Law:
10.2.1 terminate these Terms of Use in accordance with Clause 12 herein;
10.2.2 declare that the Loan (including all accrued interest, Service Fees tax and all other amounts outstanding under these Terms of Use) is immediately due and payable, whereupon they shall become immediately due and payable;
10.2.3 supply information concerning the event of default to Credit Reference Bureaux. A copy of any adverse information concerning You and Your credit information sent to a Credit Reference Bureaux shall be made available to You upon written request; and
10.2.4 impose You with late fees at the rate displayed on the App in connection with Your default in payment.

11. Term and Termination

11.1 These Terms of Use shall continue until terminated in accordance with their terms.
11.2 We may terminate these Terms of Use, and/or suspend or terminate Your use of the System, the Service and Your Account in whole or in part:
11.2.1 at any time for any reason by giving notice to You ;
11.2.2 immediately, with or without notice, if You are in breach of any term of these Terms of Use, without prejudice to Our other rights and remedies;
11.2.3 if Your account or agreement with a Mobile Network Operator or Mobile Money Provider is terminated for whatever reason;
11.2.4 where such a suspension or termination is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Service from time to time; where Your Account becomes inactive or dormant;
11.2.5 if We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority; or
11.2.6 if We decide to suspend or cease the provision of the Service for commercial reasons or for any other reason as We may determine in Our absolute discretion;
11.3 On termination or expiry of these Terms of Use for any reason, You shall:
11.3.1 promptly (and in any event within three days), pay any principal, interest, Service Fees or tax owed to Us (which shall become immediately due and payable on termination); and
11.3.2 immediately delete and fully remove the App from Your Mobile Device.
11.4 Termination shall however not affect any accrued rights and liabilities of either party.
11.5 The parties shall have no further obligations or rights under these Terms of Use after termination of the Terms of Use, without prejudice to any obligations or rights which have accrued to either party at the time they are terminated, and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of these Terms of Use.

12. Disputes Resolution

12.1 These Terms of Use (and any and all disputes arising out of or in connection with these Terms of Use (including any alleged breach, or challenge to the validity or enforceability, of these Terms of Use or any provision hereof)) will be subject to the laws of Tanzania unless the law in Your Territory requires otherwise, in which case the governing law of these Terms of Use shall be that of Your Territory.
12.2 Any dispute, difference or question whatsoever and howsoever arising out of or in connection with these Terms of Use, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other then, upon application by either party, by the Chairman of the Tanzania Arbitration Centre
12.3 Such arbitration shall take place in Dar es Salaam and shall be conducted in accordance with Arbitration (Rules of Procedure) Regulations.
12.4 To the extent permissible by law the determination of the arbitrator shall be final and binding upon the Parties.

13. General

13.1 We shall not be liable for delay or failure in performance resulting from causes beyond Our reasonable control.
13.2 You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Us or any of Our Affiliates.
13.3 You understand and agreed that we may assign, transfer all or part of the creditor’s rights of the Loan at Our sole discretion from time to time without given notice to You(“Transfer”) . The above Transfer will not affect the obligation of You under these Terms. You shall make the payment according to the instructions displayed by Us on the App.
13.4 We may amend these Terms of Use at Our sole discretion from time to time. We will use Our reasonable endeavours to notify You of any material changes to the Terms of Use; however, You agree that it is Your responsibility to review the Terms of Use regularly and Your continued use of the System and the Service will constitute Your acceptance to any of the amendments.
13.5 The rights of each party under these Terms of Use may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
13.6 These Terms of Use constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms of Use and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby also exclude all implied terms in fact. In entering into these Terms of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use or expressly implied by Applicable Law. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause it might otherwise have had in relation to any of the foregoing. Nothing in these Terms of Use excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.
13.7 You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under these Terms of Use without Our prior written consent. We may at any time assign, sub-license, transfer, subcontract or otherwise dispose of Our rights or obligations under these Terms of Use without notice or consent (save to the extent required by Applicable Law).
13.8 If any Court or relevant authority determines that any part of these Terms of Use is illegal, invalid or unenforceable under Applicable Law, the remaining parts of these Terms of Use will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of these Terms of Use.
13.9 A person who is not a party to these Terms of Use has no right to rely upon or enforce any term of these Terms of Use.
13.10 We may give notice to You by means of a general notice published on the App or the System or to Your email address set out in Your Account. You must give notice to Us by email to: help@tzcash.cc
13.11 All complaints and suggestions in connection with the System and the Service can be made by sending email to: help@tzcash.cc