M'accounts service(s)

Thank you for selecting the Services offered by M'accounts and/or its subsidiaries and affiliates (referred to as "M'accounts", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and M'accounts. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

(SECTION A)

GENERAL TERMS

1. AGREEMENT

This Agreement describes the terms governing your use of the M'accounts online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

1. M'accounts Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
2. Additional Terms and Conditions, which may include those from third parties.
3. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by M'accounts. M'accounts reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, M'accounts grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

1. Provide access to or give any part of the Services to any unauthorized third party.
2. Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
3. Make the Services available on any file-sharing or application hosting service.

PAYMENT.

For Services offered on a payment or subscription basis, the following terms apply, unless M'accounts or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

1. Payments will be billed to you by M'accounts and/or its vendor(s) in UGX, TZS, KES or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
2. You must pay with one of the following:
   1. Cash
   2. Bank deposit/Transfer
   3. Mobile Money
   4. By another payment option M'accounts and/or its vendor(s) provides to you in writing.
3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
4. M'accounts and/or its vendor(s) will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
5. Additional cancellation or renewal terms may be provided to you on the website for the Services.
6. All authorized refunds will be made in the original form of payment to M'accounts or its vendor(s).

4.  USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device using Internet access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.

M'accounts MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:  

1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES  AT ANY TIME OR FROM ANY LOCATION;
2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES;
3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. YOUR PERSONAL INFORMATION. 

You can view M'accounts Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable M'accounts Privacy Statement, and changes published by M'accounts.  You agree that M'accounts may use and maintain your data according to the M'accounts Privacy Statement, as part of the Services.  You also give M'accounts permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that M'accounts may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

M'accounts is a regional company and you agree that M'accounts may access or store personal information in, and transfer it to, multiple countries, including countries outside the East African Economic Area or your country.

6. CONTENT 

You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. M'accounts is not responsible for the Content or data you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
3. Except as permitted by M'accounts in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
4. Virus, trojan horse, worm or other disruptive or harmful software or data; and
5. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which M'accounts is not responsible.

M'accounts may freely use feedback you provide. You agree that M'accounts may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant M'accounts a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to M'accounts in any way. 

M'accounts may monitor your Content. M'accounts may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect M'accounts or its customers, or operate the Services properly. M'accounts, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. 

7. ADDITIONAL TERMS

M'accounts does not give professional advice. Unless specifically included with the Services, M'accounts is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

We may tell you about other M'accounts services. You may be offered other services, products, or promotions by M'accounts ("M'accounts Services"). Additional terms and conditions and fees may apply. With some M'accounts Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.  You grant M'accounts permission to use information about your business and experience to help us to provide the M'accounts Services to you and to enhance the Services. You grant M'accounts permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant M'accounts permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

Communications. M'accounts may be required by law to send you communications about the Services or Third Party Products. You agree that M'accounts may send these communications to you via email or by posting them on our websites.

You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact M'accounts if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, M'accounts, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. M'accounts AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

M'accounts, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT M'accounts DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.

9. LIMITATION OF LIABILITY AND INDEMNITY.

LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF M'accounts, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, M'accounts, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MY ACCOUNTS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF M'accounts AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF M'accounts, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold M'accounts and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). M'accounts reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by M'accounts in the defense of any Claims.

10. CHANGES.

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

11. TERMINATION.

M'accounts may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect M'accounts’ rights to any payments due to it. M'accounts may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.

12. GOVERNING LAW AND JURISDICTION.

This Agreement will be governed by the laws of Uganda, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of M'accounts’ or its Suppliers’ intellectual property rights may cause M'accounts irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that M'accounts shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect M'accounts’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Uganda and you agree that you will procure that any third party making a claim against M'accounts arising out of this Agreement shall bring such claim exclusively in the Ugandan courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.

M'accounts does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries.  M'accounts prohibits accessing content from within countries or states where such content is illegal.  You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

13. LANGUAGE.

Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

14. GENERAL.

This Agreement, including the Additional Terms below, is the entire agreement between you and M'accounts and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of M'accounts. However, M'accounts may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by M'accounts or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact M'accounts via an email to: support@ruginem.org

(SECTION A)

ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES

Your use of the Services provided by M'accounts are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below.  To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.

M'accounts Online Supplemental Agreement and Terms of Services

Thank you for selecting M'accounts Online (“M'accounts” or “Service(s)”). This licence agreement in addition to the M'accounts Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process (“User”, “you”), and M'accounts and/or its subsidiaries and affiliates (“M'accounts,” “we”, “our” or “us”).

By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to M'accounts that he/she has full power and authority to enter into this Agreement on your behalf.

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the M'accounts Services.

1. SUBSCRIPTION.

The M'accounts Services is licensed on a monthly or yearly subscription basis, as selected by You or your agent.

Additional Payment Terms.

1. Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by M'accounts Ltd. depending on the type of payment method used for the purchase of the goods and/or services.
2. In the event you choose to pay with Mobile Money and the payment will be processed via a Mobile Network Operator, these terms are an agreement between you and M'accounts Ltd. with a dependency on the operation of the Mobile Money platform of relevant Mobile Network Operator.

2. TRIAL VERSION.

The trial version Service will begin after we receive and process all the required account information. Following the trial period, if you choose to subscribe, payment information will be required, and you or your Agent’s Mobile Money account will be debited after the trial period, and will be automatically re-debited at the beginning of each applicable monthly or one-year subscription term of the Service (“Renewal Term”) at the then current subscription rate to maintain the Service. You may notify us to cancel the Service prior to the beginning of each Renewal Term. We may discontinue offering any trial version at any time, with reasonable notice to you. If you do not purchase the Services at the end of the trial version period, your Content may no longer be available to you. To be very clear, after using the Services during the trial period, if you decide not to purchase the full version of the Services, you may not be able to access or retrieve any of the data you added/created during the trial version period.

From time to time, M'accounts may include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and M'accounts is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

3. PERMITTED DISCLOSURES AND USE OF DATA.

You acknowledge and agree that in order to provide you with access to and use of the M'accounts Online Services, M'accounts may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by M'accounts to effectuate such replacement. Any other person You identified as an authorized user of the M'accounts Online Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

4. ACCESS TO YOUR MOBILE MONEY SERVICES DATA.

General. In connection with your use of the M'accounts Online Service and as part of the functionality of certain versions of the M'accounts Online Service, you may have access to certain online account information that may be made available by your Mobile Network Operator, including data related to mobile banking, mobile payments, mobile bill pay, and online trading. The M'accounts Online Service is designed to allow you to access your Mobile Money data, allow the M'accounts Online Service to access your Mobile Money account with the authority to deposit sales revenue only, but NOT make payments out without your explicit authorization. Only authorized administrator of your Mobile Money account can execute payments out by entering PIN number into your mobile phone. At no point will M'accounts ask you for your Mobile Money PIN number. You acknowledge and agree that M'accounts has no control over the access to your financial institution(s) data, does not guarantee that you will be able to use the M'accounts Online Service with your Mobile Network Operator, and will have no liability whatsoever for any actions or inactions on the part of the Mobile Network Operator resulting in your inability to use the M'accounts Online Service to access your accounts, obtain data, download transactions, or otherwise use or access your Mobile Money account data.

5. Online Data Transfer

Note: Not applicable to versions that do not include access to the Online Data Transfer feature.

You may have the option to transfer your data files from the Service in order to facilitate certain interoperability, data integration, and data access between the Service and certain supported ancillary services (the “Ancillary Services”) you may sign up for and use in connection with the Service (the “Online Data Transfer”). Separate fees may apply.  In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Service, (ii) have Internet access, and (iii) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to M'accounts servers (the “Transferred Files”); where you grant M'accounts the right and license to (i) host and maintain the Transferred Files and (ii) use the Transferred Files to make the Ancillary Services available to you, (iii) reformat and manipulate the Transferred Files as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Service.  If you are signed-up for any Ancillary Services that support Online Data Transfer, you will then have the option to have the Transferred Files sent to any of those supported Ancillary Services (a “Data Transfer”).  If you are no longer signed-up for an Ancillary Service, you will no longer be able to process Online Data Transfers to that Ancillary Service.

If you authorize an Online Data Transfer for a third party Ancillary Service, you authorize M'accounts to provide the Transferred Files to the third party provider of such Ancillary Service in order to provide the Ancillary Service to you.  You agree and acknowledge that M'accounts has no control over any third party Ancillary Services. Your use of the Ancillary Service may be subject to additional terms and conditions. M'accounts does not have any liability whatsoever for any actions or inactions on the part of the Ancillary Services resulting in your inability to use the Online Data Transfer feature or otherwise use the Ancillary Services in connection with the Service.

6. ONLINE SERVICE USE, STORAGE AND ACCESS.

M'accounts shall have the right, in its sole discretion and with reasonable notice posted on the M'accounts Online Service site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the M'accounts Online Service and establish or change limits concerning use of the M'accounts Online Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the M'accounts Online Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the M'accounts Online Service in a given period of time. M'accounts reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the M'accounts Online Service to which such changes relate. Your continued use of the M'accounts Online Service will constitute your acceptance of and agreement to such changes. M'accounts may, from time to time, perform maintenance upon the M'accounts Online Service resulting in interrupted service, delays or errors in the M'accounts Online Service. M'accounts will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

7. SOCIAL MEDIA SITES.

M'accounts may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them.  Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.