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Terms and condition for using Premier Credit Limited USSD Platform

  1. Agreement
    1. This Agreement sets out the complete Terms and Conditions (hereinafter called “these Terms and Conditions”) which shall be applicable to USSD LENDING ACCOUNT (as hereinafter defined) opened by you (customer) (as hereinafter defined) with the Premier Credit Limited (as hereinafter defined).
    2. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
  2. DEFINITIONS
    1. In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:
      1. “Supakwik Auto” means a monthly loan to supakwik clients which will range from Ush 100,000 to 400,000 to be repayable on a weekly basis.
      2. “CashXpress” means a loan to a civil servant with a maximum term of 72 months and maximum loan amount of Ush 10,000,000 based on one’s affordability payable on a monthly basis.
      3. “Premier Credit Limited” means Limited company incorporated in Uganda with limited liability, duly incorporated in accordance with the laws of the Republic of Uganda, having its registered address at Kisozi Complex, Plot 8 Nakasero, Off Kyagwe Road, Box 6608, Kampala, Uganda.
      4. “Credit Reference Bureau” means a credit reference bureau duly licensed under the laws of Uganda to collect and facilitate the sharing of customer credit information;
      5. “Customer” means the person in whose name the Credit E Loan Account with the Premier Credit Limited is existing;
      6. “Customer Care Centre” means the help line whose number is 0200305000 and the number may be notified to the Customer by the Premier Credit Limited from time to time;
      7. “Premier Credit e loan account” means the electronic monetary value depicted in your PREMIER CREDIT LIMITED USSD LENDING PLATFORM representing an equal amount of cash.
      8. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network.
      9. “Request” means a request or instruction received by Premier Credit Limited from you or purportedly from you through the Network and the System and upon which the Premier Credit Limited is authorized to act;
      10. “Services” shall include any form of micro financing services or products that the Premier Credit Limited may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;
      11. “SIM Card” means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the PREMIER CREDIT LIMITED USSD LENDING PLATFORM System;
      12. “SMS” means a short message service consisting of a text message transmitted from one mobile phone to another;
      13. “System” means the Premier Credit Limited’s electronic micro financing and communications software enabling the Customer to communicate with the Premier Credit Limited for purposes of the Services.
      14. “Transaction Fees” includes the Facility Fee (as defined at clause 5.2.6), the Rollover Fee (as defined at clause 5.2.9) and any other fees and charges payable for the use of the Services as published by the Premier Credit Limited on the Premier Credit Limited website Transaction Fees are subject to change at any time at the Premier Credit Limited sole discretion;
      15. “We,” “our,” and “us,” means the Premier Credit Limited and includes the successors and assignees of the Premier Credit Limited.
      16. “You” or “your” means the Customer and includes the personal representatives of the Customer.
      17. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons.
      18. ”USSD” (Unstructured Supplementary Service Data) is a Global System for Mobile(GSM) communication technology that is used to send text between a mobile phone and an application program in the network. The platform that Premier Credit Limited uses to deliver the digital lending services.
      19. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
      20. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
  3. ACCEPTANCE OF THE TERMS AND CONDITIONS
    1. Before applying to open the Premier credit e loan Account you should carefully read and understand these Terms and Conditions which will govern the use and operation of the Account.
    2. If you do not agree with these Terms and Conditions, please click “Decline”
    3. You will be deemed to have read, understood and accepted these Terms and Conditions:-
      1. upon clicking on the “Accept” option on the Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or
      2. By using or continuing to use and operate the Premier Credit e loan Account.
    4. By applying to open the Premier Credit e loan Account with the Premier Credit Limited, you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of the Account and you affirm that these Terms and Conditions herein are without prejudice to any right that the Premier Credit Limited may have with respect to the Account in law or otherwise.
    5. These Terms and Conditions may be amended or varied by the Premier Credit Limited from time to time and the continued use of your Premier Credit e loan account constitutes your agreement to be bound by the terms of any such amendment or variation.
    6. . You acknowledge and accept that the Premier Credit Limited offers the “Premier Credit e loan account” only electronically and you agree to do business with the Premier Credit Limited and to operate the “Premier Credit e loan account” only by electronic means via the “Premier Credit e loan account” Menu on the PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT System. Any query and complaint you may have relating to the Services shall be addressed to the Premier Credit Limited through the Customer Care Help line. For the avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled to receive or demand the Services pertaining to the “Premier Credit e loan account” at any branch or branches of the Premier Credit Limited unless otherwise advised by the Premier Credit Limited in its sole discretion. You further acknowledge and accept that the Customer Care Centre is not a branch of the Premier Credit Limited or the Premier Credit Limited’s Agent for purposes of conducting micro financing business or transactions and that it will not act as such.
  4. ACCOUNT OPENING
    1. In order to open a Premier Credit e loan account you must be at least 18 years old and a registered and active PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT Subscriber. Premier Credit Limited reserves the right to verify the authenticity and status of your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT.
    2. You may open a “Premier Credit e loan account” solely by way of an electronic application made by you using your mobile phone via the “Premier Credit e loan account” by dialing a Code *271#
    3. You hereby agree and authorize the Premier Credit Limited to request the telecom companies for your personal information held by them pursuant to the agreement between you and telecom companies for the provision of services and products and the PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT Service including your phone number, name, date of birth, ID, NIN, IPPS or Passport Number and such other information that will enable the Premier Credit Limited to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). You also hereby agree and authorize the Premier Credit Limited to request telecom companies for information relating to your use of the PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT Service and PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT System as the Premier Credit Limited shall require for purposes of providing you the Services (“PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT Information”). You hereby consent to the disclosure of the Personal Information and the PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT Information by telecom companies to the Premier Credit Limited and to the aforesaid use of the Personal Information and the PREMIER CREDIT LIMITEDUSSD LENDING PLATFORM/ACCOUNT Information by the Premier Credit Limited.
    4. The Premier Credit Limited reserves the right to request for further information from you pertaining to your application for a “Premier Credit e loan account” Account at any time. Failure to provide such information within the time required by the Premier Credit Limited may result in the Premier Credit Limited declining to accept your application for a “Premier Credit e loan account” Account.
    5. Acceptance by the Premier Credit Limited of your application for a “Premier Credit e loan account” Account shall be done via SMS sent to the Mobile Phone Number associated with your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT You acknowledge and accept that the acceptance by the Premier Credit Limited of your application for a “Premier Credit e loan account” Account does not create any contractual relationship between you and telecom companies beyond the terms and conditions that apply to your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT from time to time.
    6. The Premier Credit Limited reserves the right to decline your application for a “Premier Credit e loan account” or to revoke the same at any stage at the Premier Credit Limited’s sole discretion and without assigning any reason thereto.
  5. TYPES OF ACCOUNTS

    TERMS & CONDITIONS FOR SUPAKWIK AUTO

        1. As a prequalified customer, you may, subject to these Terms and Conditions, apply for a loan from Premier Credit Limited by dialing short code *271#.
        2. Where you apply for a loan from Premier Credit Limited, your application shall be appraised according to the applicable loan appraisal processes of the Institution. The Institution reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan based on the appraisal.
        3. Subject to approval of your application for a loan the institution shall disburse to you a loan of an amount to be determined by the institution in its sole discretion subject to a minimum amount of Uganda Shillings One Hundred Thousand (Ushs. 100,000/=) and a maximum amount of Uganda Shillings Four Hundred Thousand (Ushs. 400,000/=) or such other minimum or maximum amount as the institution may from time to time in its sole discretion determine (the “Loan limit”).
        4. The proceeds of the Loan shall be credited into your PREMIER CREDIT LIMITED USSD LENDING PLATFORM phone number provided at registration subject to any deductions on account of applicable Transaction Fees.
        5. You shall repay the Loan within a month through four equal weekly installments from the date of disbursement of the Loan.
        6. The instalments shall be repaid by mobile money to Premier Credit Limited.
        7. No cash should be handed to an employee of Premier Credit Limited and Premier Credit Limited shall not take ANY responsibility for money paid to any of its employees.

    TERMS & CONDITIONS FOR SUPAKWIK AUTO

    WHEREAS you (hereinafter referred to as the borrower) has applied to PREMIER CREDIT LIMITED for the loan facility described above and Premier Credit has agreed to grant the loan facility, it is hereby agreed as follows:

    1. As a prequalified customer, you may, subject to these Terms and Conditions, apply for a loan from Premier Credit Limited by dialing short code *271# and follow the prompts.
    2. Where you apply for a loan from Premier Credit Limited, your application shall be appraised according to the applicable loan appraisal processes of the Institution. The Institution reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan based on the appraisal.
    3. At the Borrower’s request, Premier Credit Limited agrees to make available to the Borrower the advised loan amount on the terms and conditions set out.
    4. The Borrower must repay the loan in the installments as advised based on the product applied.
    5. No cash should be handed to an employee of Premier Credit Limited and Premier Credit Limited shall not take ANY responsibility for money paid to any of its employees.
    6. Upon applying for the loan via our USSD Code 271 our Customer call center team and field team shall immediately reach out to you to finalize the loan process as appropriate if you are a new customer.
    7. Your loan shall be disbursed through the Bank account that you shall have provided and which your salary is credited to on a monthly basis or your registered mobile phone number that you will have provided.
    8. By dialing our short code *271# and accepting the Terms and Conditions thereon, you authorize Premier Credit Limited to proceed and reserve your affordability on the PCA Platform as the loan processing is finalized in respect to CashXpress loan product.
    1. You shall repay the Loan within the set term from the date of disbursement of the Loan as stipulated in the menu that you will have chosen.
    2. In consideration of the Premier Credit Limited granting you the Loan, you shall pay the Premier Credit Limited an Appraisal fee, Interest and any other applicable charge that you shall be advised at loan application as appropriate.
    3. You shall make all payments due from you to the Premier Credit Limited in respect of the Loan and Transaction Fees through Mobile money, payroll deduction or deposit to Premier Credit Limited bank account as appropriate.
    4. In the event that you do not repay the Loan in full within thirty (30) calendar days of the date of disbursement of the Loan, the Premier Credit Limited will automatically roll over any outstanding amount in respect of the Loan including the Facility Fee and interest for a further period of thirty (30) calendar days.
    5. In consideration of the Premier Credit Limited for bearing to demand the immediate payment of the outstanding amount due in respect of your Loan and rolling over the same pursuant to Clause 5.2.8, you shall, in addition to paying the outstanding amount in respect of the Loan any outstanding Facility Fee, pay to the Premier Credit Limited a roll-over of the outstanding amount in respect of the Loan (the “Roll-Over Fee”).
    6. Premier Credit Limited shall be entitled to terminate this Agreement and close your “Premier Credit e loan account” Account in accordance with the provisions of Clause 13 without prejudice to any of its rights accruing hereunder if you fail to repay the Loan and/or the Transaction Fees due thereon within sixty (60) calendar days of the disbursement of the Loan if the loan is not performing (being repaid on time).
    7. Premier Credit Limited shall hold any of your funds in your “Premier Credit e loan account” security deposit Account as collateral and security for any amounts outstanding and due from you to the Premier Credit Limited in respect of your “Premier Credit e loan account” Loan Account. You hereby agree and confirm that the Premier Credit Limited is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your “Premier Credit e loan account” security deposit Account for as long as and to the extent of the amount outstanding in respect of your “Premier Credit e loan account” Loan Account without the Premier Credit Limited giving any notice to you and/or without incurring any liability to you whatsoever in that connection.
    8. Premier Credit Limited reserves the right to vary the terms of the Loan including the fees and interest payable thereon from time to time having regard to the prevailing rules and regulations of Uganda and the policies of the Premier Credit Limited.
    9. Premier Credit Limited shall have a right of lien and set off over funds held by you in your “Premier Credit e loan account” security deposit Account, any other “Premier Credit e loan account” Account held by you and/or any other account held by you in the Premier Credit Limited.
    10. Premier Credit Limited, in partnership with telecom companies shall have a right of lien and set off over funds held by you in your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT/.
    11. You hereby expressly consent and authorize the Premier Credit Limited to disclose, respond, advise exchange and communicate the details or information pertaining to your “Premier Credit e loan account” Account to Credit Reference Bureaus as appropriate under the applicable laws.
  6. FEES
    1. You hereby agree to pay all Transaction Fees payable in connection with your use of the Services.
    2. You shall pay to Premier Credit Limited and the Premier Credit Limited is entitled to deduct from your “Premier Credit e loan account” (without reference to you):
      1. any Transaction Fees payable in respect of the Services;
      2. any legal charges including advocate and client costs incurred by the Premier Credit Limited in obtaining legal advice in connection with your “Premier Credit e loan account” and your dealings with the Premier Credit Limited or incurred by the Premier Credit Limited in any legal, arbitration or other proceedings arising out of any dealings in respect of your “Premier Credit e loan account” Account; and
      3. all other fees, expenses and taxes, duties, impositions and expenses incurred in complying with your Requests.
      4. You hereby agree to pay costs charges and expenses incurred by the Premier Credit Limited in obtaining or attempting to obtain payment of any loan owed under your “Premier Credit e loan account” Loan Account.
  7. LOAN BALANCES
    1. You may request for your loan balance or activity report in respect of your “Premier Credit e loan account” from the Premier Credit Limited by calling our customer care number or visiting any of our branches near you.
  8. IRREVOCABLE AUTHORITY OF THE PREMIER CREDIT LIMITED
    1. You hereby irrevocably authorize the Premier Credit Limited to act on all requests received by the Premier Credit Limited from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
    2. If you request the Premier Credit Limited to cancel any transaction or instruction after a request has been received by the Premier Credit Limited from you, Premier Credit Limited may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.
    3. Premier Credit Limited 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 its absolute discretion, the Premier Credit Limited believes that it can correct the incomplete or ambiguous information in the request without any reference to you being necessary.
    4. Premier Credit Limited is authorized to effect such orders in respect of your “Premier Credit e loan account” as may be required by any court order or competent authority or agency under the applicable laws.
    5. In the event of any conflict between any terms of any request received by the Premier Credit Limited from you and these Terms and Conditions, these Terms and Conditions shall prevail.
  9. CUSTOMER’S EQUIPMENT AND CUSTOMER’S RESPONSIBILITIES
    1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
    2. You shall be responsible for ensuring the proper performance of your Equipment. Premier Credit Limited shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall the Premier Credit Limited be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and the Premier Credit Limited shall not be responsible for losses or delays caused by any such service provider.
    3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Premier Credit Limited concerning the use of the System and Services.
    4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT PIN secret and secure. You shall ensure that your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT PIN does not become known or come into possession of any unauthorized person. The Premier Credit Limited shall not be liable for any disclosure of your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT PIN to any third party and you hereby agree to indemnify and hold the Premier Credit Limited harmless from any losses resulting from any PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT PIN disclosure.
    5. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from the Premier Credit Limited are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.
    6. You shall immediately inform Premier Credit Limited through the Customer Care Centre helpline 020030500 within a period of 24 hours in the event that;
    7. You have reason to believe that your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or
      9.6.2. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
    8. You shall at all times follow the security procedures notified to you by the Premier Credit Limited from time to time or such other procedures as may be applicable to the Services 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 “Premier Credit e loan account” Account’s confidentiality. In particular, you shall ensure that the Services are not used or requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.
    9. You shall not at any time operate or use the Services in any manner that may be prejudicial to the Premier Credit Limited.
  10. EXCLUSION OF LIABILITY
    1. The Premier Credit Limited shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the Premier Credit Limited’s control including, without limitation, force majeure or error, interruption, delay or non- availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
    2. Premier Credit Limited will not be liable for any losses or damage suffered by you as a result of or in connection with:-
      1. Unavailability of sufficient funds in your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT and/or in your “Premier Credit e loan account” Account;
      2. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT System and/or PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT Service;
      3. the money in your “Premier Credit e loan account” being subject to legal process or other encumbrance restricting payments or transfers thereof;
      4. your failure to give proper or complete instructions for payments or transfers relating to your “Premier Credit e loan account” Account;
      5. any fraudulent or illegal use of the Services, the System and/or your Equipment;
      6. Your failure to comply with these Terms and Conditions and any document or information provided by the Premier Credit Limited concerning the use of the System and the Services.
      7. If for any reason other than a reason mentioned in subparagraphs 10.1 or 10.2, the Services are interfered with or unavailable, the Premier Credit Limited’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
      8. Save as provided in subparagraph 10.3 the Premier Credit Limited shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
      9. Under no circumstances shall the Premier Credit Limited be liable to you for any loss of profit or anticipated cost savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to the Premier Credit Limited.
      10. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
  11. INTELLECTUAL PROPERTY RIGHTS
    You acknowledge that the intellectual property rights in the System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Premier Credit Limited provides to you through the System or otherwise are vested either in the Premier Credit Limited or in other persons from whom the Premier Credit Limited has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Premier Credit Limited.
  12. INDEMNITY
    1. In consideration of the Premier Credit Limited complying with your instructions or Requests in relation to the “Premier Credit e loan account” Account, you undertake to indemnify the Premier Credit Limited and hold it harmless against any loss, charge, damage, expense, fee or claim which the Premier Credit Limited suffers or incurs or sustains thereby and you absolve the Premier Credit Limited from all liability for loss or damage which you may sustain from the Premier Credit Limited acting on your instructions or requests or in accordance with these Terms and Conditions.
    2. The indemnity in clause 12.1 shall also cover the following;
      1. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Premier Credit Limited or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, Pandemic, riots, acts of vandalism, sabotage, terrorism, any other event beyond the Premier Credit Limited’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any request received by the Premier Credit Limited.
      2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs.
      3. Any unauthorized access to your “Premier Credit e loan account” Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
      4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Premier Credit Limited as a consequence of any breach by these Terms and Conditions.
      5. Any damages and costs payable to the Premier Credit Limited in respect of any claims against the Premier Credit Limited for recompense for loss where the particular circumstance is within your control.
  13. VARIATION AND TERMINATION OF RELATIONSHIP
    1. The Premier Credit Limited may at any time, upon notice to you, terminate or vary its business relationship with you and close your “Premier Credit e loan account” and in particular but without prejudice to the generality of the foregoing the Premier Credit Limited may cancel credits which it has granted and require the repayment of outstanding debts resulting therefrom within such time as the Premier Credit Limited may determine.
    2. Without prejudice to the Premier Credit Limited rights under clause 13.1, Premier Credit Limited may at its sole discretion suspend or close your “Premier Credit e loan account”;
      1. if you use the “Premier Credit e loan account” for unauthorized purposes or where the Premier Credit Limited detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
      2. if your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/Account or agreement with telecom company is terminated for whatever reason;
      3. if the Premier Credit Limited is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
      4. if Premier Credit Limited reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable);
      5. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
      6. to facilitate update or upgrade the contents or functionality of the Services from time to time;
      7. where you remain inactive for any period of time determined by the Premier Credit Limited in its reasonable discretion;
      8. If the Premier Credit Limited decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.
    3. You may close your “Premier Credit e loan account” at any time by calling Customer Care Help line provided.
    4. If your “Premier Credit e loan account” has any credit balance at the time of its closure, we will return any such balance to you, less any applicable fees. If your “Premier Credit e loan account” is in arrears at the time of closure of your “Premier Credit e loan account” Account, you agree to pay to us immediately all amounts you owe us.
    5. Termination shall however not affect any accrued rights and liabilities of either party.
    6. If the Premier Credit Limited receives notice of your demise, the Premier Credit Limited will not be obliged to allow any operation or withdrawal from your “Premier Credit e loan account” by any person except upon production of Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.
  14. DISCLOSURE OF INFORMATION
    1. You hereby expressly consent and authorize Premier Credit Limited to disclose, receive record or utilize your personal information or information or data relating to your “Premier Credit e loan account” Account and any details of your use of the Services:
      1. to and from 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. to a Credit Reference Bureau;
      3. to Premier Credit Limited’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
      4. in business practices including but not limited to quality control, training and ensuring effective systems operation.
      5. Under this Agreement, the Customer waives any right or claim that it may make to the PREMIER CREDIT E ACCOUNT platform and its partners regarding the disclosure of the above information by them or their intentions
  15. MISCELLANEOUS
    1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.
    2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
    3. Premier Credit Limited may vary or amend at any time and without notice to you these Terms and Conditions and the Transaction Fees. Any such variations or amendments may be published on the Premier Credit Limited website and/or by any other means as determined by the Premier Credit Limited and any such variations and amendments shall take effect immediately upon publication.
    4. No failure or delay by either yourself or the Premier Credit Limited in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
    5. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
    6. If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.
    7. Any addition or alteration to these Terms and Conditions may be made from time to time by the Premier Credit Limited and of which notice has been given to you by way of publication as provided in subparagraph 15.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.
  16. NOTICES
    1. The Premier Credit Limited may send information concerning the “Premier Credit e loan account” via SMS to the Mobile Phone number associated with your PREMIER CREDIT LIMITED USSD LENDING PLATFORM/ACCOUNT.
    2. You acknowledge that you have no claim against the Premier Credit Limited for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the “Premier Credit e loan account” Account.
  17. DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION
    1. You may contact Customer Care Center to report any disputes, claims or “Premier Credit e loan account” Account discrepancies.
    2. Any dispute arising out of or in connection with this Agreement that is not resolved by Uganda Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman of the Centre for Arbitration and Dispute Resolution who shall be the final appointing authority.
    3. Such arbitration shall be conducted in the English language in Kampala in the Republic of Uganda under the provisions of the Arbitration and Conciliation Act, Cap 4 as amended from time to time.
    4. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
    5. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Uganda.
  18. INCOHERENCE OF TERMS
    In the event of any inconsistency between these Terms and Conditions and any particular terms of the Customer’s USSD menus, the terms and conditions of the Customer’s particular terms prevail.