The Terms of Use ("Terms'') define our relationship with you. The Terms provide the outline of your access to our application which is available on the Google Playstore or the Apple store and/or the website of Huru (collectively referred to as the “Platform”). It also covers the use of Services (as defined below) provided to you (“you”, and “User” as the context may require) by HURU PAYMENT SERVICES PROVIDER L.L.C., a company incorporated under the laws of United Arab Emirates (“Huru”, “Company”, “we”, “our” and “us” as the context may require). By accessing or using our Services and/or Platform, you acknowledge that you have read, understood, and agreed to be bound by our Terms. Please read the Terms carefully before accessing the Platform and /or using the Services. If you do not agree to the Terms, you will not be able to access the Platform and/or use the Services. Your access/usage of the Platform/Services shall signify your unconditional acceptance to the Terms and/or Privacy Policy (available at www.huru.co/privacypolicy).
You can determine when the Terms were last modified by referring to the “Last updated on” legend at the beginning of this Terms of Use. It shall be your sole responsibility to check the Terms periodically for changes, if any.
1. Introduction
- Huru is a digital platform to enable banks and exchange houses to offer Services on its Platform.
- We retain the right to modify the Services offered through the Platform, including the addition of financial and non-financial services, features, and products at our sole discretion.
- We retain the right, subject to applicable laws, to discontinue, withdraw, or terminate any Service(s) at our sole discretion and without providing any prior notice to you. Such discontinuation, withdrawal, or termination may occur if we, in our sole judgement, believe that you are engaged in activities that contravene the Terms or infringe upon our or third party service providers’ rights. Additionally, if false or misleading information is provided by you, it may lead to the discontinuation, withdrawal, or termination of the Services. You acknowledge that completion of the Know Your Customer (KYC) process and approval by us or by the third party service provider is a prerequisite for accessing the Services. We reserve the right to amend or update the eligibility criteria for using the Services at our sole discretion.
2. Services
- Services means and includes the following features in the Platform as provided by us (collectively referred to as the “Services”):
- Cross Border Fund Transfers: You can use the Platform that will provide you with a facility to send money to a different country to other individuals or recipients. This facility makes it easier to perform activities related to ‘Cross Border Fund Transfer’ on the Platform. We in partnership with a regulated entity facilitate safe and secure money transfers internationally.
- Other Services: Any other offering by Huru on its Platform that would be categorised a ‘Service’ by Huru in its sole discretion.
- You agree that the availability of specific Services may vary based on your location and applicable regulations. We reserve the right to enable or disable any of these Services, in a particular location, at our sole discretion. You are advised to review the Terms and Privacy Policy of Huru regularly to stay informed about any changes to the Services offered.
3. Eligibility to the platform
- You may use the Platform and our Services only if you are 21 years of age or older and capable of forming a binding contract under the relevant applicable laws.
- You must be a valid resident of the UAE.
- For availing our Services and participating in any functionality on our Platform, you must duly register with the Platform and have a valid and subsisting Account (defined below) in accordance with these TermsYou can only open one account with us. Where duplicate accounts are detected, we may close or merge these duplicate accounts at our sole discretion.
- You have the full right, power, and authority to agree or disagree to and understand these Terms.
- You are not impersonating any other person or user.
- You must not use the Account to facilitate any activity which is illegal/ unlawful or may be deemed illegal/ unlawful.
4. Registration, account, and account security
- Registration: In order to avail the Services, you will be required to create an account (the “Account”) with us on our Platform and an application pin for availing the Platform and/or Services. We will be verifying your mobile number and/or email address via OTP.
- Account: We or the relevant third party service provider will ensure that your identity is validated, verified, and enrolled based on regulatory requirements (KYC).After successfully completing the registration and KYC process, you will have access to the Account which will carry your account name, mobile number, UAE residential address, email address, , employment details, date of birth, gender, and other details which may be required by the regulated entity processing your transaction. You agree to upload your correct and accurate information (identity & verification information) required for completion of your onboarding process through the Platform, subject to validation by us or by a third party service provider. We and/or third party service providers may request additional information from you to comply with applicable laws. We reserve the right to remove, reclaim, or change an account name or user-ID you select if we determine, in our sole discretion, that such account name or user-ID is inappropriate, obscene, or otherwise objectionable.
- Account Security: You expressly agree and consent to be liable and accountable for all activities that take place through your Account. We shall in no manner be held liable for any unauthorised activities through your Account due to unauthorised access including but not limited to hacking and security breaches. You are responsible for the security of your Account, application pin/login credentials and any information that you upload or share on or through such Account. Please keep your application pin/login credentials and Account details private and confidential and avoid sharing them with any other person. If you become aware of any unauthorized use of your Account, it is your duty to notify us immediately and furnish all relevant information that we seek.
5. Fees and Taxes
- Fees: You agree to pay all applicable fees (i.e. convenience/platform fees charged by us and fees charged by third party service provider) whenever you use our Service. You agree and confirm that all fees are levied in our sole discretion.. We will notify you for any change in fees for your use of Service.Fees are assessed against the amount of the transactions, including all applicable charges (e.g., taxes, etc.). If you do not agree to these changes, you can elect not to use the Services at your convenience.
- Taxes: You are solely responsible to comply with applicable laws related to your use of the Platform and our Services including, without limitation, to comply with all taxation aspects arising out of your transaction on the Platform. You acknowledge and agree that we are responsible for determining or reporting the amount of any taxes you owe and reserve the right to deduct any amounts on account of taxes and other authorized withholdings as may be required under applicable laws.
6. Our duties and obligations
- We are a Technology Solution Provider and endeavour to provide you access to the Platform and standard support for the Services. However, we will not be liable for any losses arising out of your dealings with any third party service provider through our Platform, or for variations in our Services caused due to factors outside our control.
- We will be responsible for providing you with accurate and updated information about our Services that you participate in on the Platform. However, please note that we rely on third-party service providers to source some information including but not limited to transaction information and the accuracy and completeness of such information we provide is dependent on such third-parties.
- We reserve the right to: (1) monitor the Platform for violations of these Terms; (2) terminate or suspend any account, in our sole discretion that violates applicable law or these Terms, including without limitation, reporting to law enforcement authorities in adverse scenarios or as many be required under applicable law; and (3) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
- We reserve the right to decline any fund transaction request if there are insufficient funds available in your Account, in case the beneficiary details provided are incomplete in the event the request is non-compliant with current country remittance rules, or any AML compliance issues are raised due to the request. Your transactions may also be declined for the following reasons:
- Per-Transaction and Cumulative Limits: Both Huru and the exchange house may impose limitations on the amount per transaction and the total number of transactions within a specific timeframe.
- Dynamic Limits: The maximum limits for both transaction amount and number are subject to change and may vary depending on various factors.
- Transparency: Users are informed of these limitations directly within the application during the transaction initiation process.
- We, upon receiving a request from the third party service provider, may request additional information from you before initiating or after initiation where the fund transfer or payment request requires some amendments. Payment instructions may not be processed until the additional details requested by us are provided by you.
- To comply with regulatory obligations, the third party service provider shall screen outward payments to ensure that you do not breach any local or international regulations, including any restrictions on the beneficiaries. We may seek additional information from you regarding the parties involved, sources of funds and the purpose of the payment instruction. We reserve the right to perform the screening process at any point during the transaction request processing, even after accepting your transaction request for processing.
- We shall not be held responsible for incidental errors despite taking necessary steps by you to ensure information accuracy. No claims can be brought against us for loss or damage resulting from inaccurate information provided by you.
7. User duties and obligations
- You are responsible for safeguarding your login credentials/ application pin for accessing our Services.
- You acknowledge that the instructions or transaction requests are originating from your device application.
- You must promptly report any unauthorized transactions, or changes in mobile number to us.
- Huru from time to time will keep updating services it offers on the Platform and notify you about these changes.
- You agree that all international transfers will be made in the home currency of the country in which payment is to be made, unless otherwise specified.
- You must provide accurate beneficiary details for initiating the transaction or successfully providing any transaction request.
- You are responsible for sharing with us any update to your personal information that may be relevant for your continuous usage of the Platform.
- In case of any discrepancy in the information provided to us, you bear the onus to rectify the error immediately.
- You must ensure that there must be sufficient balance in your account before initiating or making any transaction request. In case of cancellations due to any reasons such as beneficiary information mismatch, dormant beneficiary accounts or other similar issues, we or third party service provider may not refund the fees paid.
- In the event of failed payment for a processed transaction:
- Right to Recover Payment: We reserve the right to contact you directly and seek recovery of the full transaction amount owed. This right extends to all lawful means of collection, including without limitation, telephone calls and written notices.
- Legal Action: Failure to settle the outstanding transaction balance after due notice may result in legal action being initiated against you. This action may include, but is not limited to, the filing of a lawsuit legal proceedings in a court or tribunal of competent jurisdiction, seeking a judgment for the outstanding amount plus associated costs and fees.
- Platform Access: Should legal action become necessary, your access to our Platform may be temporarily or permanently suspended until the outstanding balance is fully resolved. Such suspension is considered a necessary precaution to protect our interests and deter future occurrences to recover the pending transaction amount owed to us.
- You agree and acknowledge that the funds are transferred by electronic fund transfer and are subject to the cut-off time and stipulated daily limits of the exchange house and the corresponding bank involved in the movement of the fund.
- When using the Platform for fund transfers, it is important to note that all fees mentioned at the time of transfer are inclusive of VAT. Furthermore, all outward transfers are sent entirely at your risk. You agree to bear all charges levied by the correspondent partner or your bank in the destination country.
- You agree that the exchange house will proceed to execute the transaction request based on the information provided by you through the Platform, subject to the necessary checks and validation actions necessary to complete the transaction.
- You acknowledge and consent to utilize the Platform as the digital channel for submitting transaction requests and the necessary information required to facilitate a transfer transaction
- Use of our Platform and/or our Services is subject to existing laws and legal processes. Nothing contained in these Terms shall limit our rights to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform.
8. Intellectual property right
You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software, source-code, know-how and materials displayed on the Platform or used by us to operate the Services is proprietary to Huru. We hereby expressly reserve all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decomplication, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. These Terms do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. You agree, and represent and warrant, that your use of the Services, or any portion thereof, will be consistent and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
9. Other covenants
- You acknowledge and agree that we reserve the sole right to:
- Modify, update, interrupt, suspend, discontinue, or pause the Services, in whole or in part, at any time.
- Do so without providing any prior notice or reason, to the extent permitted by applicable law.
- Do so without incurring any liability towards you for any such modification, update, interruption, suspension, discontinuation, or pause.
- In order to use the Services, you may be required to provide various information as requested by us or third party service providers from time to time.
- You represent and warrant to us that your use of the Services does not violate any applicable law, regulation or any provision of these Terms and or the terms of the Privacy Policy (available at www.huru.co/privacypolicy).
- You agree not to interfere with the servers or networks connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services, including these Terms.
10. Limitation of liability
We do not provide or make any representation, warranty or guarantee, express or implied, about the Services, and to the fullest extent permitted by law disclaim all liability arising out of your use of the Platform/ Services or reliance upon the same. Your access to and use of the Services is at your own risk. We shall have no responsibility for any harm to your loss of data, or other harm to you or any third party service provider that results from your access to or use of the Platform/ Services. In addition to other limitations and exclusions in these Terms, in no event shall we, our directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to the Services, especially in your failure to adhere to these terms or to the Privacy Policy (available at www.huru.co/privacypolicy). The failure, delay or omission of Huru and/or its third party service provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
11. Indemnification
You agree to defend, indemnify and hold harmless Huru, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, which may result in any loss, damage or liability to us or to third party service provider, on account of (including but not limited to breach of any warranties, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these Terms and or the terms of the Privacy Policy, or arising out of your violation of any applicable laws or regulations.
12. Data security
- We have adopted reasonable security practices and procedures that are commensurate with the personal information being protected, and considering the nature of our business Huru has implemented relevant technical, operational, managerial, physical and third party service provider security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
- We will protect your personal information and maintain its confidentiality including where it is held by us or third party service providers on behalf of us and ensure that we have in place and maintain adequate policies, procedures and controls.
13. Third party services
The Services offered on the Platform are either provided directly by us or through third party service providers. Use of such third party services will be subject to you for complying with any additional terms and conditions and privacy policy applicable to such services. You acknowledge and accept that we will not be responsible and will have no liability for any default or breach of the terms of third party services and any policies. Further, you accept and acknowledge that the third party service providers will be solely responsible for provision of such third party services, and you shall have no right against us for any act or omission of such third party service providers.
14. Third party links and sites
- Certain Services available through the Platform may include materials from third party entities. We are not responsible in relation to such third-party content, products and services.
- We shall not be responsible for examining or evaluating the content or accuracy and further we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
- Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
- Complaints, claims, concerns, or questions regarding third-party services shall be directed to the third-party.
15. Governing law and jurisdiction
These Terms shall be construed in accordance with the applicable laws of UAE, and the courts at UAE shall have exclusive jurisdiction in any proceedings arising out of these Terms between us and you in relation to the Services/ Platform.
16. Termination
We may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to Services/ Platform. Any such termination will be without any liability to us.
17. Privacy policy
We are committed to protect such information and to take all reasonable precautions for maintaining confidentiality thereof. In this regard, we have framed a privacy policy as available at www.huru.co/privacypolicy and updated from time to time, which inter-alia applies to the user of the Services. PLEASE READ THE PRIVACY POLICY CAREFULLY BEFORE SHARING ANY PERSONAL INFORMATION.
18. Severability
If any of the provisions of these Terms is determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.