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