Terms and Conditions

Introduction

These terms and conditions will serve as a basis of your relationship with "Ohene" payment system. By choosing to register an account with us, you agree to the terms and conditions contained herein. You also agree to comply with the following policies which also apply to your use of our services and incorporated by reference into these terms and conditions:

(a) Privacy Policy;

(b) Cookies Policy;

(c) AML Policy.

If you do not agree to these terms and conditions, please do not proceed and exit the mobile application or the Kuda website immediately and do not proceed with the account opening steps. Also, please be informed that we reserve the right to terminate your relationship with us if we believe that you have violated any of these terms.

Interpretation

For ease of understanding, “You”, “your”, “Customer” means the person who seeks to be registered in "Ohene" and agrees to these terms and conditions, while “We”, “us”, “our”,  shall mean of "Ohene", and following an assignment, any person or company to whom our rights herein are assigned to.

About us

<Name of the company and its address>

Your right to use the site and services

In these Terms, we grant you a personal, limited, non-transferable, non-exclusive license to access and use the Service. We are not responsible if you use the Service in any manner that violates applicable law.

You agree not to authorise any other person or entity to use your username(s), access code(s), or passcode(s) to access the Service. You are responsible for the security of these credentials.

You agree not to use the Site or the Service for any of the following expressly prohibited purposes:

  • copying, modifying, disassembling, decompiling, reverse engineering, reproducing, publishing, transmitting, participating in the transfer of, selling, creating derivative works from, or in any way exploiting any Mobile Application or any content found on the Sites, in whole or in part, without the express written permission of "Ohene";
  • hosting, communicating or transmitting any material that misappropriates, infringes or violates any intellectual property, publicity or privacy right of another person or entity;
  • hosting any information which is untrue, inaccurate or not your own;
  • hosting or transmitting to any Site or Mobile Application any unlawful, libelous, obscene, threatening, defamatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
  • engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • deleting any copyright or other proprietary rights notices from the Site or Mobile Application.

When these terms are applicable

These terms are applicable when you choose to open an account with "Ohene".

We may, at any time, modify the terms and conditions of our relationship but we inform you of any modifications to these terms and conditions. These modifications may be as a result of changes in our business practices or service offerings or may be in response to changes in the applicable laws that we are regulated by, or for any other lawful reason.

After we notify you of such updates or modifications to these terms and conditions, your continued use of our services will constitute an acceptance of the modified terms. All updates will be detailed on our website and in the "Ohene" App. You will be able to access the latest version of our terms at any given time. If at any time the terms and conditions of these terms and conditions are no longer acceptable to you, you should immediately cease all use of the services provided by "Ohene".

What is the scope of the relationship between us and a customer

Opening an Account

You can access the financial services we provide, subject to your fulfilment of our on-boarding and Know-Your-Customer (KYC) checks in line with applicable laws. For a start, you must be at least 18 years old, a local citizen of a country you register in our service from, meet our technology requirements defined above and have not yet opened an account with us.

We do not knowingly engage with people who don’t meet these conditions. Please note that these requirements may be updated or reviewed from time to time in line with applicable laws and our internal processes.

When you choose to open an account with us you agree to us using your information to make and receive financial operations (remittances, currency exchange, payments for utility bills etc) on your behalf through your "Ohene" account. If you would like us to stop doing this, we would have to close your account.

Verifying your identity

We are required to apply customer due diligence measures aimed at the prevention of fraud, money laundering and terrorist financing before you can open an account with us. Among other measures, we are required to identify and verify your identity and collect information about you, your proposed use of the services provided to you and related matters.

At the minimum, you need to have an active phone number. Our accounts are tiered as follows:

Angola

  1. Tier 0 - Identity phone number
  2. Tier 1 - Tier 0 and Personal selfie, National ID card, NIF
  3. Tier 2 - Tier 1 and Temporary peddler's license, Vendor card, Document issued by a legal authority recognised by the Angolan state
  4. Tier 3 - Tier 2 and Fund resources, Statement from a bank

Personal information

In line with regulations, we perform customer due diligence on all accounts so it is your responsibility to ensure that all information and documents you provide to us are up-to-date on your profile at all times.

To enable us to comply with our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) obligations, we may require you to provide any or all the following:

(a) your full name;

(b) your phone number,

(c) a valid email address;

(d) your date of birth;

(e) your Tax Identification Number;

(f) your National Identification Number;

(g) your current residential address;

(h) your picture;

(i) any other information or document as we may require for our internal risk assessment.

You may also be required to provide us with one or more answers to security questions that will be used as part of this process.

You undertake that all information and documents which you present to us are true, accurate and up to date. If, at any point during the term of the Agreement, any of the information and documents presented to us should change or you identify that they were false, inaccurate and / or incorrect in any form, then you shall promptly present us with the respective updated information and documents.

To verify the accuracy and authenticity of the information and documents you provide to us, we will need to share them with third parties (including government agencies). You hereby agree and authorise Kuda to verify information provided by you against the information held by any third party (including official databases).

You also agree and authorise "Ohene" to obtain and procure your personal information and documents from relevant sources (private and official databases) and you further agree and consent to the disclosure and provision of such personal information by us or our third party partners.

You agree to indemnify and hold "Ohene" harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such personal information provided by you.

We also may contact you to update your identification documents or information at any time and you are bound by these terms to continue to provide us with correct and up-to-date information to ensure the continuous usage of your "Ohene" account. We may also contact third parties to collect and / or verify the information and documents presented by you. We may limit / restrict your usage of your "Ohene" Account and your access to funds held therein until such collection of information and / or verification is completed.

If your application to open an account is successful, we will open an account in your name and send you a confirmation through the App and or via email. Once we have activated the full functionality of your account you may login to access your account via the "Ohene" App.

Transactions on your "Ohene" Account

You can conclude financial transactions (bank transfers, bill payments etc.) on "Ohene" App by logging onto "Ohene" App and following the on-screen instructions. You will need to enter the correct information with respect to every transaction you wish to undertake (counterparty bank account details, receiving payee for a bill information etc.).

It is your responsibility to make sure that the details you input are accurate and entered correctly. You will be liable for any error in information that may result in the transaction being unsuccessful or paid to the wrong beneficiary. We shall not be liable for any losses you incur from entering incorrect information with regard to any transaction you undertake.

Fees

We charge fees for certain services and these fees vary based on the services. Our fees are charged in line with applicable laws and in line with our company ethos, we try to keep fees to a minimum. We are committed to being transparent and will disclose all applicable fees before you finalise a transaction.

Prohibited Transactions

In addition to all transactions that are ordinarily prohibited by local legislation and activities not expressly permitted under these terms and conditions or any other terms we provide to you in connection with any services we provide, you are expressly prohibited from using your account to carry out transactions relating to any of the following:

(a) fraud, money laundering and terrorism financing;

(b) any goods or services that are dangerous, violent, or present an unreasonable risk to consumer safety (e.g., firearms, weapons, explosives, ammunition, and related accessories.);

(c) activities related to pornography, pornographic subscriptions, prostitution, pay-per view, adult live chat, escort or companionship services, or any other obscene materials (including literature, imagery, and other media); any product or service that promotes underage, non-consensual, or other illegal sexual themes. Activity involving child endangerment, including anything that sexualizes minors or appeals to children but contains adult themes;

(d) activities with elevated financial risk, legal liability, or violates card network rules or bank policies. Activity involving unlawful or illegal goods or services, including any federal or state law, statute, regulation, or ordinance. Activity related to bribes and corruption Activity that may be in violation of applicable laws. Activity relating to unlicensed and illegal sports betting, casino games and poker games;

(e) any activities we notify you are prohibited.

If you use or attempt to use your account for any Prohibited Transactions or such other unlawful purposes, we reserve the right, without liability to:

- restrict your account;

- refuse to process the transaction;

- report the transaction to the relevant regulator or law enforcement agency;

- take any other lawful step in accordance with our regulatory obligations.

Keeping Your "Ohene" Account Safe

You must take all reasonable precautions to keep any security information relevant to your "Ohene" Account safe and to prevent the fraudulent use of them. You must use reasonable endeavours to prevent any unauthorised access to, or use of, your "Ohene" Account and should notify us immediately by email at support@ohene.world of any such unauthorised access or use, or any suspicion of access or use.

Your login details for your Kuda Account should not be disclosed to anybody or kept in written form to prevent fraud and misuse of it. We also recommend that obvious passwords, such as your name or the phase “passcode”, should not be used.

Additionally, You should also:

(a) take care to ensure that no one hears or sees your login details when you use it;

(b) not disclose your full login details or passcode to anyone, including the police and us;

(c) never write your password down, nor keep a record of it;

(d) comply with all reasonable instructions we issue regarding keeping your login details and passcode;

(e) change your login details and / or passcode immediately and telling us as soon as possible if you know, or even suspect, that someone else knows any of those details, or if we ask you to;

(f) keep any computer / device you use to access "Ohene" App secure and use up to date virus checking software and personal firewall software;

(g) never access "Ohene" App from any shared device (or any public internet access device or access point) or any device connected to a local area network;

(h) make sure you always log out of "Ohene" App, and never leaving your device unattended when you are logged in; and

(i) never share your "Ohene" Account details or payment details on social media or any website.

If your Account login details are lost or stolen, or if you suspect that someone else knows your login details or your verified mobile phone and / or e-mail are compromised, you must contact us by email at support@ohene.world without undue delay. "Ohene" shall not be liable for any loss you suffer as a result of any unauthorised transactions carried out in respect of your "Ohene" Account by a third party that obtains your log-in, passcode or other personal details, as a result of your negligence.

Notifications

By opening an account with us, you consent to receiving text (SMS), emails and push notifications from us. These notifications are meant for your consumption only and we will not be held liable if you suffer any loss, or damage as a result of unauthorised access to the information sent.

In addition, by opening this account, you agree to opt out of mandatory SMS or push notifications.

All notices / communications made in respect of these terms and conditions, and any provided under it by us, will be in English or National language.

We may provide you with notices/communications in connection with the services provided to you via:

(a) "Ohene" App – when you login;

(b) SMS - to the identification phone number you used during the registration process;

(c) e-mail – to the most recent e-mail address you provided to us.

You undertake that the contact details provided to us are up to date and that you can be reached using these contact details. If the contact details should change, then you shall without delay provide us with your updated contact details.

Applicable Law and Dispute Resolution

These terms and conditions will be governed by the local legislation of a country where "Ohene" operates. Notwithstanding the above, the Parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this agreement.

Contact

If you have any questions or concerns about this Terms and Conditions, please, feel free to contact our support team, as follows:

Last updates: 29.05.2024

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