Confidentiality

THESE TERMS AND CONDITIONS (this “Agreement”) sets out the terms under which you (“User”) may obtain access to the BNR data room site Internet site.
Introduction MobiCash Limited (“MobiCash”) licenses and operates BNR Data Room, a proprietary electronic commerce or internet site through which various business services may be offered. User desires to have access to the BNR Data Room, and MobiCash desires to offer to User access to the BNR Data Room, all on the terms and subject to the conditions of this Agreement. As a condition of User’s access to the BNR Data Room, and in consideration of the mutual covenants and agreements set out below, MobiCash and User hereby agree as follows:1. License.
MobiCash grants to User a limited, non-transferable, non-exclusive revocable license to access and use BNR Data Room upon the terms and subject to the conditions set out in this Agreement.
2. User Obligations; Certain Operating Procedures.
(a) Access. User represents and warrants that User’s use of BNR Data Room will not violate any law, regulation, or statute.
(b) ID and Password. In order to obtain access to BNR Data Room, User must register by completing an online profile, including selection of an ID and a password. User represents and warrants that all information provided by User to gain access to the BNR Data Room services is and will be complete and accurate. Hereinafter, ID’s and passwords are referred to collectively as “Authentication Information.”...
(c) User will take such actions as are necessary in order for it to maintain the confidentiality of, and prevent the unauthorized use of, User’s Authentication Information. User will notify BNR Data Room immediately in writing if User determines, or has reason to believe, that an unauthorized party has gained access to any Authentication Information.
(d) As a condition for gaining access to BNR Data Room, User authorizes MobiCash and any to rely upon any information and/or instructions set forth in any data transmission using the Authentication Information, without making further investigation or inquiry, and regardless of the actual identity of the individual transmitting the same, in connection with the operation of BNR Data Room. Use of the Authentication Information, whether or not authorized by User, shall be solely the responsibility of and at the risk of User. USER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS MOBICASH AND ITS AFFILIATES FROM ANY CLAIM, PROCEEDING, OR DAMAGES BASED UPON ANY USE, MISUSE, OR UNAUTHORIZED USE OF USER’S AUTHENTICATION INFORMATION. (e) Transaction Information. User assumes sole responsibility and liability for the accuracy and adequacy of information entered by any person using User’s Authentication Information. User will notify promptly MobiCash if any inaccurate, incomplete or incorrect information relating to User’s anticipated or actual participation in a transaction or use of BNR Data Room is communicated to that MobiCash, whether or not through BNR Data Room, or if User determines that BNR Data Room includes inaccurate, incomplete or incorrect information relating to User; and, if applicable and within its control, User shall immediately withdraw and correct such information. BNR Data Room is not responsible for any damages caused by or related to inaccurate, incomplete, or incorrect information.

(f)Certain Consequences of System Malfunction. In the event of a system malfunction or system error, regardless of the cause thereof, that affects a transaction or purported transaction involving User using BNR Data Room, MobiCash may withdraw a confirmation that was issued with respect to such transaction or take other corrective action deemed reasonable by MobiCash under the circumstances, and such withdrawal or other action may have the effect of canceling such confirmation. User assumes all risks relating thereto.

3. Proprietary Rights – Restrictions on Use – Usage Rights.
All information and materials supplied by MobiCash in connection with this Agreement, together with all modifications thereto, and all copyrights, trademarks, patents, trade secret rights and other intellectual and proprietary rights, titles and interests relating thereto, shall at all times be and remain the property of MobiCash, its successors and assigns, the use of the same by User being permissive only.
4. Confidentiality and Related Obligations.
(a) Certain User Obligations. Information of MobiCash that is designated confidential or proprietary and made accessible to User through User’s use of MobiCash (“Designated MobiCash Information”) is intended for User’s sole use and not for redistribution in any form. Without the written consent of MobiCash, User will not copy, reproduce or distribute any Designated MobiCash Information. Unless otherwise provided in the terms established by a MobiCash, these obligations (i) apply only to Designated MobiCash Information. These obligations are in addition to any confidentiality and related arrangements or agreements between a MobiCash and User. User shall not use MobiCash or the information included thereon, directly or indirectly, to engage in any unlawful transaction.

(b) Certain MobiCash Obligations. MobiCash will hold in confidence User’s Authentication Information in accordance with its customary procedures for maintaining confidential information.

(c) Each party acknowledges and agrees the use or disclosure of Confidential Information inconsistent with this Agreement could cause irreparable harm to a Disclosing Party, the extent of which would be difficult to ascertain. Accordingly, each party agrees that, in addition to any remedies available at law, the Disclosing Party shall have the right to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach or threatened breach of this Section 4 by the Receiving Party, any of its affiliates or their representatives. This Section 4 shall survive termination or expiration of this Agreement 5. Information Disclaimer; Limitation of Liability.
(a) Disclaimer Regarding MobiCash. User acknowledges that software programming is inherently complex. User accepts the risk that the operating system and software included in MobiCash, as well as all information of User that is included on MobiCash, from time to time may contain inaccuracies and may be adversely affected by computer viruses, unknown programming difficulties resulting in incorrect information or system malfunctions or shut-downs. However, MobiCash will use reasonable commercial efforts to correct any inaccuracies expressly made known to it and to correct and/or remove (as appropriate) any computer viruses and other system malfunctions and shut-downs that are within its control. In addition, user acknowledges that there are risks inherent in Internet connectivity that could result in the loss of User’s privacy and confidential information.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOBICASH DISCLAIMS ANY AND ALL WARRANTIES NOT EXPRESSLY STATED IN THE AGREEMENT INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USER IS SOLELY RESPONSIBLE FOR THE SUITABILITY OF THE SERVICES CHOOSEN. ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

(b) LIABILITY LIMITATION.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF MOBICASH AND ANY OF ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00). IN NO EVENT SHALL MOBICASH OR ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE DIRECTLY OR INDIRECTLY TO USER OR ANY PARTY CLAIMING THROUGH IT FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS AND DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING OUT OF THIS AGREEMENT, OR THE USE OF MOBICASH, AND REGARDLESS OF THE NATURE OR CAUSE OF SUCH DAMAGES EVEN IF MOBICASH HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

(c) Not an Offer. This Agreement is not an offer of any financial or other products, goods or services other than the BNR Data Room service.
6. Other(a) Termination. At its sole election at any time, MobiCash may temporarily or permanently suspend the rights of User to access MobiCash™ or any part thereof.

(b) Waiver. No waiver by either party of any default or breach of any obligation under this Agreement of the other party hereto shall operate as a waiver of any continuing or future default or breach.
(c) Expenses. Except as otherwise expressly provided in this Agreement, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the party incurring such costs and expenses.

(e) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Rwanda, without regard to the laws that might otherwise govern under principles of conflicts of laws applicable thereto.

(f) Severability. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against its regulatory policy, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

(g) Acceptance and Changes. User accepts the terms of this Agreement by continued use of the site. If User does not accept the terms of this Agreement, it may not use the BNR Data Room. MobiCash reserves the right to amend this Agreement at any time by notifying User of changes. The continued use of BNR Data Room by User following the posting of changes or amendments to this Agreement constitutes acceptance of such changes or amendments.

(h) By using this site you acknowledge your acceptance of this agreement and its policies Read more