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Terms and Conditions for Consumers

1.0 Definitions:

The following words and expressions shall have the corresponding meanings wherever appropriate.

1.1 ”e-Wallet" or digital wallet shall mean an mobile or online based app where one can securely contain their physical money electronically

1.2    "e-Wallet Holder" means the person who is the owner of Cashbaba e-wallet.

1.3    "PIN" shall mean 4 digit Personal Identification Number (password) for the e-Wallet Service.

1.4 “Finger Prints” means an impression or mark made on a surface by a person's fingertip, able to be used for identifying individuals from the unique pattern of whorls and lines on the fingertips. It can be used as the user identity to access the Cashbaba e-wallet.

1.5   'Mobile Phone Number' shall mean the Mobile number that has been used to login by the e-Wallet holder to register for the Cashbaba e-wallet.

1.6    'Product' shall mean e-Wallet Service provided to the e-Wallet holder.

1.7    'Cashbaba's website' means https://www.cashbaba.co

1.8    "OTP" shall mean One Time Password to authorize a transaction provided by mobile app.

1.9   “Transaction” or services shall mean the mode of payment whether paid or received or transferred or withdrawal

1.10 “QR Code” (quick response code) means a type of 2D bar code containing the credentials of merchants or individuals that is used to provide easy access to information through a smartphone

 

2.0 Applicability of Terms and Conditions

No person is entitled to use the Cashbaba e-wallet without proper understanding and agreeing to the Terms and Conditions of the Service. By using the Cashbaba e-wallet, the e-wallet holders thereby agree and give consent to these Terms and Conditions, which form the contract between the e-wallet holder and Cashbaba. Cashbaba shall be governed by such existing terms and conditions and also by amendments made to the same from time to time. These terms and conditions shall be in addition to and not in derogation of other terms and conditions relating to any account of the e-wallet holder and/or the respective product or the service provided by Cashbaba unless otherwise specifically stated.

 

3.0 General Business Rules

Issue of mobile e-Wallets is governed by Cashbaba Policy. The following Business rules will apply to the e-wallet.

3.1    The product will be available to applicants having a valid Mobile number, photo identity proof, more than 18 years of age, and address proof.

3.2 You agree and understand that you can have only one e-Wallet with Us.

3.3    The daily and monthly transaction limits are as under:

 

Limits

Maximum balance at any point of time

BDT 60,000,000

Top up through any channel per transaction

BDT 30,000,000

Total reload in a month

Unlimited

Total transactions

-Daily limit

- Monthly limit

BDT 5,000,000
BDT 10,000,000

Fund transfer (Transfer to Account )

BDT 50,000,000

Cash out at ATM per transaction

BDT 10,000,000 (or as per bank policy)

 

3.4    Entering the wrong Password thrice will block the e-wallet for next 3 hours unless he contacts us and verifies his details. After the verification, the e-wallet holder has to reset/ generate a new Password.

3.5    Any change in the business rules of any of the processes will be notified on Cashbaba’s website BDT and this will be construed as sufficient notice to the e-wallet holder. No further notice will be provided.

3.6    Cashbaba reserves the right to reject a E-Wallet holder's request without explaining any reason.

3.7    Cashbaba may deactivate the account for transactions, if the same has not been accessed by the e-Wallet holder for 1 (one) month and will be called as dormant e-Wallet/Limited e-Wallet. If the e-Wallet has not been re-activated within next 1 (one) month of the dormancy period i.e. no transaction for 7 months, the customer will be notified through three SMS, one every 10 days. If there is no response after these 10 days, the money (if any) in the e-Wallet will be transferred to the last account from which the e-Wallet was loaded. In case this account is closed, the balance will be forfeited and the e-Wallet will be deactivated. The e-Wallet holder can reactivate suspended/dormant e-Wallet as per the procedure laid down for the same.

3.8    The E-Wallet holder can request for termination of the E-Wallet as per the procedure laid down for the same.

3.9    The E-Wallet holder shall remain accountable for all the transactions on the e-Wallet made prior to confirmation of any such cancellation request to Cashbaba.

3.10   It shall be the Cashbaba’s endeavour to give a reasonable notice for Limited or termination of the E-Wallet, but Cashbaba may at its discretion limited temporarily or terminate the E-Wallet, either wholly or partially, anytime without giving prior notice to the E-Wallet holder.

3.11   The E-Wallet may be suspended for any maintenance or repair work for any breakdown in the Hardware/ Software related to Cashbaba, any emergency or security reasons without prior notice and Cashbaba shall not be responsible if such an action has to be taken for such reasons.

3.12    Cashbaba may also terminate or suspend or limited the services under the E-Wallet without prior notice if the E-Wallet holder has violated the terms and conditions laid down by Cashbaba.

3.13    The E-Wallet is non-transferable.

3.14    No interest shall be payable on the balance available in E-Wallet

 

4.0 Usage of Product

By accepting the terms and conditions, the E-Wallet holder:

4.1    authorizes Cashbaba for all transactions/services undertaken by using PIN or fingerprints.

4.2    agrees to use the services offered under the Product using the PIN in accordance with the procedure as laid down by Cashbaba from time to time, including the terms and conditions contained herein.

4.3     agrees to keep the PIN confidential and will not disclose these to any other person or will not record them in a way that would compromise the confidentiality of the same or the security of the service.

4.4    agrees that he/she is aware and accepts that Cashbaba E-Wallet will enable him/her to transact using PIN within the limit prescribed by the E-Wallet.

4.5     agrees that the transactions originated using the mobile phones or web app are non-retractable as these are real time transactions.

4.6    understands and explicitly agrees that Cashbaba has the absolute right to revise the prescribed ceilings and charges from time to time which will be binding upon him/her.

4.7    agrees to use the product properly and validly registered in his/her name and undertakes to use the wallet only through mobile phone number or via online which has been used to register for the e-wallet.

4.8    expressly authorizes Cashbaba to carry out all requests/ transactions purporting to have been received from his/her mobile phone or online and authenticated with his/ her PIN. In the case of payment facilities like cash out, fund transfer, mobile top up, bill payment, etc., the e-Wallet holder shall be deemed to have expressly authorized Cashbaba to make the payment when a request is received from him/ her.

4.9    accepts that any valid transaction originating from the e-Wallet Number or online (registered mobile phone number) shall be assumed to have been initiated by the e-Wallet holder and any transaction authorized by the PIN is duly and legally authorized by the e-Wallet holder.

4.10    agrees to keep himself/herself updated with regard to any information/modification relating to the services offered which would be publicized on Cashbaba’s websites or notification sent on the Cashbaba app and would be responsible for taking note of/compliance of such information/ modifications in making use of the Product

 

5.0 Identity Authentication

You authorize Cashbaba to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, mother’s name, father’s name, address and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments. We may also ask to see your NID, driver’s license, passport or other identifying documents at any time.  Cashbaba reserves the right to close, suspend, or limit access to your Cashbaba account and/or the Cashbaba services in the event we are unable to obtain or verify this information.

 

6.0 Others

6.1     The E-Wallet holder shall be required to acquaint himself/herself with the process for using the Product and that he/she shall be responsible for any error made while using the Product.

6.2     Cashbaba reserves the right to decide what services may be offered. Additions/ deletions to the services offered under the product are at its sole discretion.

6.3    The instructions of the E-Wallet holder shall be effected only after authentication under his/her E-Wallet Number and PIN or through any other mode of verification as may be stipulated at the discretion of Cashbaba.

6.4    While it shall be the endeavor of Cashbaba to carry out the instructions received from the E-Wallet holders promptly, it shall not be responsible for the delay/ failure in carrying out the instructions due to any reasons whatsoever including failure of operational system or due to any requirement of law. The E-Wallet holder expressly authorizes Cashbaba to access his/her e-Wallet information required for offering the services under the Product and also to share the information regarding his/ her e-Wallet with the service provider/ third party as may be required to provide the services.

6.5     The transactional details will be recorded by Cashbaba and these records will be regarded as conclusive proof of the authenticity and accuracy of transactions.

6.6     The E-Wallet holder hereby authorizes Cashbaba or its agents to send promotional messages including the products, greetings or any other messages Cashbaba may consider from time to time.

6.7    The E-Wallet holder understands that Cashbaba may send "rejection" or "cannot process the request" messages for the service request(s) sent by the E-Wallet holder which could not be executed for any reason.

6.8    Cashbaba shall make all reasonable efforts to ensure that the E-Wallet holder information is kept confidential but shall not be responsible for any inadvertent divulgence or leakage of confidential E-Wallet holder information for reasons beyond its control or by action of any third party.

 


7.0 Fee structure for the Product

Service Charges applicable

Sl.

Description of Service Charge

Service Charge

1

Top up to e-Wallet

Free

2

Payment Through QR Code

Free

3

Service charges on Bank transfer (Cash transferred to bank account)

BDT 2500 or 1%

4

Service charges on Online Payment

 

 

-Through E-Wallet

Free

 

-Through Bank/ Credit Card

BDT 2500 or 1%

5

Bill Payment

BDT 2500 or 1%

6

Withdraw

 1%

7

Through Bank

 1%

8

Credit Card Payment

 1%

**Cashbaba reserves the right to change the fee structure at its discretion .

 

7.1 Any Fees and other amounts due and payable to Cashbaba under the Agreement may be deducted from your e-Wallet without notice. Such deductions may be made at any time, and without notifying you, but these will be reflected in the transaction history of your e-wallet.

7.2 We will be entitled to set off and/or deduct from any payment due to you, such payments that are subsequently determined to be not due and/or wrongly paid to you.

 

8.0 User Information

8.1  It is the responsibility of the e-wallet holder to provide correct information to Cashbaba through the use of the Product or any other method. In case of any discrepancy in this information, the E-Wallet holder understands that Cashbaba will not be in any way responsible for action taken based on the information. Cashbaba will endeavor to correct the error promptly wherever possible on a best effort basis, if the e-wallet holder reports such error in information.

8.2  If you receive information about another Cashbaba customer, you must keep the information confidential and only use it in connection with the Cashbaba services.  You may not disclose or distribute any information about Cashbaba users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so.  You may not send unsolicited emails to a Cashbaba customer or use the Cashbaba services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

8.3   We are not responsible for any loss or damage you suffered as a result of providing wrong information.

8.4  In case of providing inaccurate or incorrect information to us, we may immediately limit or suspend or close your account and refuse to provide our Services to you.

 

9.0 Withdrawing Money

If you have a Cashbaba balance, you may withdraw it by:

·         Transferring it to a bank account linked to your Cashbaba account

·         Transferring it to an eligible debit card linked to your Cashbaba account

·         Withdrawing it from an ATM (Automated Teller Machine)

 

10.0 Refund and Chargeback

10.1 When you buy something from a seller online using Cashbaba and the transaction is ultimately refunded, the money will be refunded to the original payment method you used for the transaction if you used a debit card, credit card, or Cashbaba account.  

10.2 Chargeback request should be initiated by customer. Such request should be initiated within 7 days of receiving the product or service.

10.3 If we receive a request from a user for chargeback of payment, we will forward the request to the Merchant. When the Merchant receives a forwarded request, the Merchant will determine whether a chargeback request must be processed. We will transfer back the amount to the user's Cashbaba e-Wallet only if the merchant confirms the chargeback.

10.4 We will not be liable to the customer for any chargeback not initiated through Cashbaba.

10.5  We will not be liable to the Merchant or the user in connection with any matters pertaining to the validity of refund or cancellation requests, and will act in accordance with the directions of the Merchant subject to compliance.


11.0 Responsibilities and obligations of the E-Wallet holder

11.1    The e-Wallet holder will be responsible for all transactions, including unauthorized/ erroneous/ wrong/ incorrect/mistaken/false transactions made through the use of his/ her mobile phone or website, SIM card and PIN, regardless of whether such transactions are in fact entered into or authorized by him/ her. The e-Wallet holder will be responsible for the loss/damage, if any suffered in respect of all such transactions.

11.2    The e-Wallet holder shall take all possible steps to ensure that the Application, mobile phone and PIN are not shared with anyone and shall take immediate action to block the SIM and e-wallet as per procedure laid down in case of misuse/ theft/loss of the mobile phone or SIM card.

11.3    It will be the responsibility of the e-Wallet holder to notify Cashbaba immediately if he/ she suspect the misuse of the PIN. He will also immediately initiate the necessary steps to change / regenerate his PIN.

11.4    The E-Wallet holder shall be liable for all loss or breach of the Terms and Conditions contained herein or contributed or caused the loss by negligent actions or a failure to advise Cashbaba within a reasonable time about any unauthorized access in the e-Wallet.

11.5    The E-Wallet holder shall be liable and responsible for all legal compliance and adherence of all commercial terms and conditions in respect of the mobile connection/SIM card/mobile phone/online through which the product is availed and Cashbaba does not accept/ acknowledge any responsibility in this regard.

 

12.0 Disclaimer



12.1    Cashbaba, when acting in good faith, shall be absolved of any liability in case:

i.      Cashbaba is unable to receive or execute any of the requests from the e-wallet holder when there is loss of information during processing or transmission or any unauthorized access by any other person or breach of confidentiality or due to reasons beyond the control of the Cashbaba.

ii.    There is any kind of loss, direct or indirect, incurred by the E-Wallet holder or any other person due to any failure or lapse in the product which are beyond the control of the Cashbaba.

iii.    There is any failure or delay in transmitting of information or there is any error or inaccuracy of information or any other consequence arising from any cause beyond the control of Cashaba which may include technology failure, mechanical breakdown, power disruption, etc.

iv.    There is any lapse or failure on the part of the service providers or any third party affecting the said Product and that Cashbaba makes no warranty as to the quality of the service provided by any such provider.

 

12.2     Cashbaba, its employees, agent, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the E-Wallet holder or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of Cashbaba in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the E-Wallet holder and the network of any service provider and Cashbaba’s system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the E-Wallet holder, Cashbaba’s system or the network of any service provider and/or any third party who provides such services as is necessary to provide the Product.

12.3    Cashbaba will not be responsible if the e-Wallet application is not compatible with/ does not work on the mobile handset of the e-Wallet holder.

12.4    Cashbaba will not be liable for any loss caused by a technical breakdown of the payment system.

12.5     Use of the E-Wallet shall be terminated without notice at Cashbaba’s discretion which may be upon the death, bankruptcy or insolvency of the E-Wallet holder or on receipt of request from the e-Wallet holder, receipt of an attachment order from a competent court or revenue authority, due to violation of Cashbaba regulations, or for other valid reasons or when the whereabouts of the e-Wallet holder become unknown to Cashbaba due to any cause attributable to the e-Wallet holder or any other reason which Cashbaba deems fit.


13.0 Indemnity

In consideration of Cashbaba providing the Product, the E-Wallet holder agrees to indemnify and hold Cashbaba harmless against all actions, claims, demands proceedings, loss, damages, costs, charges and expenses which Cashbaba may at any time incur, sustain, suffer or be put to as a consequence of or arising out of or in connection with any services provided to the E-Wallet holder pursuant hereto. The E-Wallet holder shall indemnify and keep indemnified Cashbaba for unauthorized access by any third party to any information/instructions/triggers given by the E-Wallet holder or breach of confidentiality.

 

14.0 Governing Law & Jurisdictions

14.1    The Product and the terms and conditions of the same are governed by the applicable laws in the Republic of Uganda.

 

15.0 Prohibited actions and Transactions

15.1 It is strictly prohibited to use your e-Wallet for purposes including, but not limited to, Money Laundering, fraud, terrorist financing or such other illegal/criminal activities.

 

15.2 It is strictly prohibited to use your e-Wallet to receive funds from persons or entities engaged in fraud, terrorist financing, money laundering, fraud or other illegal / criminal activities.

15.3 If you act in breach or We believe that You may be acting in breach of the prohibitions contained in Clauses 12.1 and 12.2 We reserve the right to:

15.3.1 Decline to perform or reverse the transaction and simultaneously limit or terminate or suspend your e-Wallet;

15.3.2 Report the transaction to the relevant law enforcement agency

15.3.3 It is strictly your responsibility to ensure that you only send or receive e-money from or to Persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. Funds that have been transferred to another Persons' or entity’s account does not indicate the legality of the supply or provision of their goods or services. It is required that you should not proceed with any transactions in the instance where you have any hints that this transaction is not legal.

 

Annexure A

END USER LICENSE AGREEMENT

 

This is a legal agreement between Cashbaba ("Licensor") and you, the person accessing or receiving the Software (defined below) or the organization or entity that has authorized you to access or receiving the Software for its benefit (in either case, "you" or "your"). Licensor provides mobile software applications obtainable from Cashbaba website or authorized agents or downloadable from mobile application stores.

BY CLICKING YOUR ACCEPTANCE OF THIS END USER LICENSE AGREEMENT, OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM AND (II) YOU AND ANY ORGANIZATION OR ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS AGREEMENT AND RECEIVING THE SOFTWARE, ACCEPT THIS AGREEMENT. If you do not agree to the terms of this Agreement, you may not download, install or use the Software.

"Software"  means all computer code (whether in binary or source code format) and programs delivered to you and the content therein; including the associated documentation ("Documentation") and application program interfaces (if any), and any patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing that may be provided to you from time to time hereunder, any derivative works of any of the foregoing, and any combination of the foregoing.

1.    GRANT OF SOFTWARE LICENSE.  Subject to the terms and conditions of this Agreement, Licensor grants to you a non-exclusive, non-transferable license ("License") to download a single copy of the Software on a device owned or controlled by you in support of and use of the Software for, as applicable, your personal use or your employer's internal operations, solely in connection with your access to and use of the Licensor-authorized financial and payment products and services enabled by the Software (collectively, "Services").

2.    RESTRICTIONS ON USE.  As between the parties, Licensor retains sole and exclusive title to and ownership of the Software and all proprietary rights with respect to (a) the Software and all copies thereof; (b) any Documentation and any copies thereof; and (c) all intellectual property rights embodied within the foregoing (a)-(b). This license does not constitute a sale of the Software or any portion or copy of it, and you acknowledge that you are receiving LICENSED RIGHTS ONLY. You shall not directly or indirectly: (i) except as expressly permitted in Section 1, sublicense, sell, rent, lease, distribute, redistribute or transfer any of the Software or any rights in any of the Software, (ii) modify, translate, reverse engineer, decompile, disassemble, attempt to discover the source code for the Software, or request or authorize any third party to do the same, (iii) use any Software in an application service provider (ASP), software-as-a-service (SAAS) or outsourcing relationship, or in any way other than in its intended manner, (iv) remove any proprietary notice, labels, or marks on or in Software, or (v) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You are responsible for all use of the Software and for compliance; any breach by you or any of your users' use of the Software shall be deemed to have been a breach by you. Licensor reserves all rights not expressly granted; no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights other than as expressly set forth herein.

3.    TERM AND TERMINATION.  The term of this Agreement shall continue until it is terminated. Licensor may terminate this Agreement immediately if you breach it. This Agreement shall terminate automatically without notice from Licensor if you fail to comply with any provisions contained herein. Immediately upon any termination of this Agreement, you shall un-install and cease use of the Software and delete any copies, or portions thereof, in your possession. All rights and remedies afforded Licensor by law shall be cumulative and not exclusive.

4.    DISCLAIMER. LICENSOR MAKES NO WARRANTY REGARDING THE SOFTWARE OR ITS DOCUMENTATION, AND MAKES THE SOFTWARE AND DOCUMENTATION AVAILABLE TO YOU "AS IS" AND WITHOUT WARRANTY, AND LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. NO WARRANTY IS MADE THAT THE SOFTWARE WILL OPERATE IN AN ERROR FREE, UNINTERRUPTED OR SECURE MANNER OR IN COMBINATION WITH THIRD PARTY HARDWARE OR SOFTWARE PRODUCTS. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.

5.    INDEMNIFICATION. You shall indemnify and hold harmless Licensor, its licensors, the Service provider and their respective affiliates, against any and all third party claims arising from or related to your use or misuse of the Software or your breach of this Agreement, and you shall pay all costs, losses, damages, and attorneys' fees that a court or arbitrator finally awards, and all associated settlements. You will, if instructed by Licensor in writing, defend such third party claims at your own expense.

7.    INFRINGEMENT. If Licensor believes that use of the Software may be enjoined, then Licensor may, with or without notice and at its expense, modify the Software, replace the Software, or terminate this Agreement, and you will cooperate in any such effort.

8.    EXCLUSION OF DAMAGES.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE HEREUNDER FOR ANY OF THE FOLLOWING: (I) THIRD PARTY CLAIMS, (II) LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA AND/OR (III) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST SAVINGS AND DAMAGE TO ANY DATA OR SYSTEMS); EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITS ON LIABILITY SET FORTH IN PARAGRAPHS 7 AND THE OTHER PROVISIONS IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISKS BETWEEN THE PARTIES. THIS PARAGRAPH IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

9.    COMPLIANCE WITH LAWS.  The Software is provided solely for lawful purposes and use. Licensor makes no representation that the software is appropriate or compliant for use in your country of use. You shall be solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, and other governmental authority, however designated, with respect to your use of and access to the Software. You may not download, use or export the Software in or to a national or resident of any country other than your own. You agree to comply with all applicable export and reexport control laws and regulations in regard to products (including computer and mobile phone hardware, software, deliverables, technical data, source code, or any other technology, equipment, and/or derivatives of such hardware, software, deliverables, technical data, source code, equipment, or any other technology) received from us. You will reasonably cooperate with Licensor and will provide Licensor promptly upon request any certificates or documents as are reasonably requested to obtain approvals, consents, licenses and/or permits required for any payment or any export or import of products or services under this Agreement, at Licensor's expense.

10.    RIGHT TO EQUITABLE RELIEF:  Licensor may seek immediate injunctive relief in the event of a breach or threatened breach of this Agreement by you. You agree that money damages would be an inadequate remedy for Licensor in the event of a breach by you of the provisions set forth in this Agreement.

11.    CHOICE OF LAWS:  This agreement shall be interpreted under the laws of the Republic of Uganda.

12.    MISCELLANEOUS. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors and permitted assigns. This Agreement may not be assigned by you. Any attempted assignment in violation of the foregoing shall be null and void. Licensor may assign, delegate and/or subcontract any or all of its rights or obligations hereunder. Except as explicitly stated otherwise or required by law, you shall provide any notices to Licensor by commercial courier service or by certified mail, postage prepaid and return receipt requested, to Address: Acacia Place, 6 Acacia Avenue, Kololo, Kampala. Attention: Legal & Compliance Department, and notices shall be deemed delivered when received. Licensor shall provide any notices to you at the email address that you provide to Licensor, and such notice shall be deemed delivered twenty-four (24) hours after the email is sent, unless Licensor receives notice that the address is invalid or the email has otherwise failed to reach the destination email address within such period, in which case Licensor shall use commercially reasonable efforts to send you notice by mail. Licensor may seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce Licensor's rights under this Agreement. If any part of this Agreement shall be held to be void or unenforceable by a court of competent jurisdiction, such part will be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party, and any such waiver shall only be applicable to the specific instance referenced in such writing. This Agreement may be amended only by a writing executed by each of the parties hereto. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. If you are not sure whether you understand all parts of this License or if you are not sure whether you can comply with all Terms and Conditions of this License, you must not download, install or use the Software or any portions of it.