Upsales T&C

‍TERMS AND CONDITIONS FOR THE PAYMENTS PRODUCTS‍

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1. THE AGREEMENT

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1. This Agreement sets out the terms and conditions which shall be applicable to any Payments Products provided by Hubtel Limited (“Hubtel”) in partnership with FAWC Ghana Limited (“FAWC”) on the Fido App. 
2. Note that this Agreement is supplementary to the Fido App License Agreement as well as its Terms of Service where applicable. However, where there is inconsistency or a conflict between the two agreements, the terms and conditions stipulated in this Agreement shall prevail.
3. By agreeing to the provisions of this Agreement, you agree to FAWC’s and Fido’s Privacy Policy as well as the Fido App License Agreement.

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2. DEFINITIONS

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1. “Agreement” refers to the terms and conditions contained herein;
2. “FAWC” refers to FAWC Ghana Limited;
3. “Fido” refers to Fido Micro Credit LTD;
4. “Fido App” refers to the mobile application through which Fido offers its products to customers and potential customers;
5. “Hubtel” refers to the Hubtel Limited;
6. “We/our/us” refers to Hubtel and FAWC;
7. “Product” refers to airtime, data bundles, and bill payments products offered by FAWC;
8. “You/your” refers to the customer or potential customer, as determined by the context;

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3. ACCEPTANCE OF THE TERMS AND CONDITIONS 

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1. Before purchasing airtime or data, or making bill payments (hereinafter referred collectively to as the “Payments Products” or “Products”) you should carefully read and understand these terms and conditions, our Privacy Policy, our standard Terms and Conditions, and other related policies. These collectively inform the basis of our relationship with you under this Product.
2. By proceeding to purchase any of the Products, you consent to the terms and conditions set out in this document.
3. If you do not agree with these terms and conditions, please do not proceed to purchase any of the Products 

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4. ELIGIBILITY

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1. By signing onto this Product, you warrant that you are at least 18 years of age and/or have the legal capacity to consent to this Agreement. 
2. If you are consenting to this Agreement on behalf of another person or entity, you warrant that you have the express authority to do so.

5. AIRTIME, DATA AND BILL PAYMENTS

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1. You may purchase airtime, data or pay bills  using any of your registered payment methods.
2. Purchases of the various products will be subject to limits imposed by us at our sole discretion.

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6. VALIDATING YOUR ORDER

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1. We reserve the right to reject any order you place with us, and/or to limit the quantities on any order, at our sole discretion without any notice to you. 
2. If we reject your order, we will attempt to notify you via an in-app notification, e-mail or SMS. 
3. Your payment method will normally not be charged if we reject an order and will only be charged by the appropriate amount if we limit an order.

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7. REFUND

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1. You may be entitled to a refund of your payment, at our sole discretion, if the product being paid for is not received/delivered by us. 
2. Where the product is not delivered, we shall endeavour to identify the issue within a reasonable timeframe and process a refund accordingly, where applicable, to the original source of payment (e.g. Mobile money account, or bank card).

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8. AML/FATCA POLICY

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1. Our Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) (the “AML/CFT Policy”) forms part of the terms and conditions governing your relationship with us established under the terms and conditions of this Agreement. The AML/CFT Policy shall be binding on you, and you agree to comply with and adhere to the AML/CFT Policy, which is available on request. 
2. These Terms and Conditions are subject to the Hubtel’s FATCA Policy (the “FATCA Policy”). Should there be any conflict or inconsistency between any of the contents of the FATCA Policy and these Terms and Conditions, the contents of the FATCA Policy shall prevail. 

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9. DISCLOSURE OF INFORMATION

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1. You hereby expressly consent and authorise us to share your personal information with each other (and our technical partners) and to disclose, receive, record or utilize your personal information or information or data relating to your account with us and any details of your use of the Products to:

1. any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
2. our service providers, dealers, agents or any other company that may be or become our subsidiary or holding or related company for reasonable commercial purposes;
3. a Credit Reference Bureau;
4. our lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings; 
5. our related entities in connection with any of our lines of business or that of its related entities;
6. for reasonable commercial purposes connected to your use of the Fido App, such as marketing and research related activities; and
7. in business practices including but not limited to quality control, training and ensuring effective systems operation.

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10. DISCLAIMER 

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You hereby waive any rights or claims you may have against us relating to the provision of the aforesaid information by you under this Agreement. 

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11. VALIDITY, LEGALITY, AND ENFORCEABILITY

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If any provision of this Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity, legality, or enforceability of any other provision of this Agreement and where necessary the Parties shall negotiate a replacement provision.

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12. DISPUTE RESOLUTION

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1. Any dispute, controversy, or claim arising under, out of, or in relation to this Agreement, or the breach, termination or invalidity of this Agreement, shall first be resolved through negotiation and mediation, and finally through arbitration in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798).
2. The arbitral tribunal shall be constituted by a Sole Arbitrator jointly appointed by the parties, and where the parties fail to appoint an arbitrator two (2) weeks after the service of a Notice of Arbitration, either party shall apply to the chairman for the time being of the appointing authority in Ghana to appoint a Sole Arbitrator for the purpose afore stated.
3. The venue of the arbitration shall be Accra, Ghana, and the applicable law shall be the Laws of Ghana.
4. The arbitrators’ fees, together with all the administrative expenses to be incurred in holding the arbitral proceedings, shall be borne equally by the Parties.

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13. GOVERNING LAW AND JURISDICTION 

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This Agreement and the relation between the parties shall be governed by the laws of the Republic of Ghana. 

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