Referral Plan Terms And Conditions

TERMS AND CONDITIONS FOR THE FIDO REFERRAL PROGRAM

These are the terms and conditions (the “Terms”) applicable to Fido’s referral program (the “Program”). Where there is any conflict between these Terms and any other communication or marketing material, these Terms will take precedence.

1. GENERAL

       You warrant and agree that:

1. You have legal capacity to enter into a contract with Fido Credit Uganda- SMC Limited (“Fido”).
2. All the information you provide to Fido in connection with the Program is truthful, accurate, and complete.
3. Fido may query third parties for your information for Know Your Customer (KYC) purposes. 

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2. REWARD

1. If you successfully refer Fido’s Credit Facility product (the “Credit Facility”) to a prospective customer (the “Referee”), Fido may reward you with UGX 4900 for the first disbursement to your Referee.  
2. Your Referee may also be entitled to a UGX 3100 cashback reward where the Referee fully pays back his first drawdown on time.
3. A referral is considered successful (“Successful Referral”) where Fido disburses an amount from a facility offered to your Referee, after your Referee has applied for a Credit Facility based on your referral.
4. The referral code or link given to you expires after two (2) weeks. As such if a Successful Referral is made using an expired code or link, you will not be entitled to receive a reward and your Referee will not be entitled to the cash back payment.
5. Where the eligibility criteria in clause (3) is satisfied, the reward shall be paid as soon as the requested amount is disbursed to the Referee.
6. Until such time as determined by Fido, rewards shall be payable for only the first ten (10) Successful Referrals.

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3. ELIGIBILITY

1. The Referrer must have downloaded the latest version of the Fido App, must be a registered user, must have completed the KYC process, and added a payment option. However, the Referrer need not have taken a Credit Facility from Fido in order to be eligible for a reward.
2. The Referee must also:
   1. be a new Fido customer (i.e. the customer has never taken a Credit Facility from Fido)
   2. apply for a Credit Facility from Fido using the referral code or link provided to you (the Referee) by Fido; and
   3. request a drawdown of an amount and receive a disbursement of this amount from Fido.

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4. ANTI-FRAUD AND COERCION

1. You shall not engage in fraud or coercion when referring prospective customers to Fido under the Program. 
2. Where, upon Fido’s determination, a customer has intentionally or negligently been Successfully Referred through fraud or coercion, Fido reserves the right to refuse to pay a reward for that Successful Referral.
3. Fido may also report the persons involved in the fraudulent activities or coercive practices to the appropriate authorities for legal action.

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5. LIMITATION AND EXCLUSION OF LIABILITY

1. FIDO SHALL TAKE STEPS TO REMEDY ANY ERROR IN ANY ELECTRONIC DOCUMENT SUBMITTED BY YOU OR ANY OTHER ERROR RELATING TO OTHER ASPECTS OF FIDO’S SERVICES AND RESOURCES WHEN IT BECOMES AWARE OF THE ERROR.
2. YOU SHALL BE RESPONSIBLE FOR THE SAFEKEEPING OF ALL YOUR CREDENTIALS (SUCH AS PIN CODE) USED TO ACCESS THE FIDO’S SERVICES AND RESOURCES AND FIDO SHALL IN NO WAY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM THE ACTIVITIES OF THIRD PARTIES.
3. FIDO SHALL ALSO NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU, WHICH LOSS OR DAMAGE IS AS A RESULT OF THE FRAUDULENT ACT(S) OF THIRD PARTIES.
4. FIDO SHALL NOT BEAR ANY LIABILITY TO YOU FOR DAMAGES WHICH YOU MAY SUFFER AS A RESULT OF TRANSMISSION ERRORS, TECHNICAL FAULTS, MALFUNCTIONS, ILLEGAL INTERVENTION IN NETWORK EQUIPMENT, NETWORK OVERLOADS, MALICIOUS BLOCKING OF ACCESS BY THIRD PARTIES, INTERNET MALFUNCTIONS, INTERRUPTIONS OR OTHER DEFICIENCIES ON THE PART OF INTERNET SERVICE PROVIDERS (ALL TOGETHER HEREAFTER REFERRED TO AS "SYSTEM ERRORS"). 
5. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO FIDO'S SERVICES AND RESOURCES MAY BE LIMITED OR UNAVAILABLE DUE TO SUCH SYSTEM ERRORS, AND THAT FIDO RESERVES THE RIGHT, UPON NOTICE, TO SUSPEND ACCESS TO ITS ONLINE SERVICES AND RESOURCES FOR THIS REASON.
6. IN NO EVENT WILL FIDO BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FIDO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
7. ANY LIABILITY INCURRED BY FIDO IN CONNECTION WITH THE PROGRAM SHALL BE LIMITED TO THE REWARD DUE
8. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIDO BE LIABLE FOR A NY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF FIDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY BREACH OF CONDITION(S) OR FUNDAMENTAL TERMS(S) OR FOR A FUNDAMENTAL BREACH(S). IN ANY CASE, FIDO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO YOUR LOAN AMOUNT OUTSTANDING WITH FIDO OR THE MINIMUM LOAN AMOUNT GIVEN BY FIDO PURSUANT TO A LOAN AGREEMENT. THIS LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL FIDO’S EXPENDITURES WITH RESPECT TO THE LIABILITY BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.

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6. NO PARTNERSHIP OR AGENCY

       Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership, joint venture, or agency relationship between you and Fido, or authorize you to make or enter into any commitments for or on behalf of Fido

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7. CONFIDENTIALITY AND INFORMATION SECURITY

1. You together with Fido agree that you shall take reasonable measures to maintain the confidentiality, integrity and availability of Proprietary Information received and shall not undertake any action which undermines the integrity and availability of any such information.
2. Excluded from the provisions of the preceding paragraphs are all data, information and documents that, legally or contractually, must be rendered or submitted to any public entities, financial institutions, insurance organizations, credit bureaus, or consultants in the scope of their duties, as well as disclosures that are required to honor any other duty established by law. In such cases the requested information should only be presented to the authority or entity that is entitled to the information and must be strictly limited to the necessary information to achieve the defined objective.

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8. REPRESENTATIONS

All representations made by you and the Referee pursuant to this Program and during your or the Referee’s Credit Facility application are true and accurate as of the applicable date of the Program and the effective date of the Credit. Facility Agreement, as the case may be. You further undertake to immediately notify Fido about any changes in any representation made.

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9. AMENDMENTS

       Fido reserves the right to amend these Terms or to discontinue the Program without giving notice to you. Any amendment so made shall be binding on you.

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10. MISCELLANEOUS

1. Fido may cede, assign or novate any or all of its rights and / or all of its obligations set out in the Terms to any person or entity without notice to you.
2. The failure by Fido to enforce any of the rights or provisions of the Program or the Terms will not be deemed to be a waiver of such right or provision.
3. If any provision in these Terms is held to be invalid or unenforceable, the remaining unaffected provisions shall remain in full force and effect.

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11. DISPUTE RESOLUTION

1. All disputes arising hereunder shall initially be resolved by way of negotiation between the Parties, failing which the Parties shall resort to mediation.
2. Where negotiation and mediation fail, the Parties shall resolve the issue through arbitration under the Arbitration and Conciliation Act, 2001 as amended. The decision of the Arbitrator shall be final and binding on both Parties.
3. The arbitral tribunal shall be constituted by a Sole Arbitrator jointly appointed by the parties. 
4. Where you and Fido fail to mutually appoint an arbitrator two (2) weeks after the service of a Notice of Arbitration, either party shall apply to the Executive Director of the International Centre for Arbitration and Mediation in Kampala to appoint a Sole Arbitrator. 
5. The venue of the arbitration shall be Kampala and the applicable law shall be the Laws of Uganda. 
6. The arbitrator's fees, together with all the administrative expenses to be incurred in holding the arbitral proceedings, shall be borne equally by you and Fido.

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