Welcome to www.y9bank.com
These terms and conditions outline the rules and regulations for the use of Y9 Microfinance Tanzania’s website at www.y9bank.com
By accessing this website we assume you accept these terms and conditions. Do not continue to use www.Y9bank.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person who logs on this website and is compliant with the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing laws of the United Republic of Tanzania. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
2.1. Unless otherwise stated, Y9 Microfinance Tanzania Limited and/or its licensors own the intellectual property rights for all material on www.y9bank.com or on Y9 App. All intellectual property rights are reserved. You may access this from www.y9bank.com or on Y9 App for your own personal use subjected to restrictions set in these terms and conditions.
2.2. You must not:
2.2.1. Republish material from www.Y9bank.com 2.2.2. Sell, rent or sub-license material from www.Y9bank.com
2.2.3. Reproduce, duplicate or copy material from www.Y9bank.com
2.2.4. Redistribute content from www.Y9bank.com
2.3. This Agreement shall begin on the date hereof.
2.4. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Y9 Microfinance Tanzania Limited does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Y9 Microfinance Tanzania Limited, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Y9 Microfinance Tanzania Limited shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
2.5. Y9 Microfinance Tanzania Limited reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.
2.6. You warrant and represent that:
2.6.1. You are entitled to post the comments on our website and have all necessary licenses and consents to do so;
2.6.2. Your comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
2.6.3. The comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
2.6.4. The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
2.6.5. You hereby grant Y9 Microfinance Tanzania Limited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.
3. Hyperlink to our Content.
3.1. The following organizations may link to our website without prior written approval:
3.1.1. Government agencies;
3.1.2. Search engines;
3.1.3. News organizations;
3.1.4. Online directory distributors may link to our website in the same manner as they hyperlink to the Websites of other listed businesses; and
3.1.5. System-wide Accredited Businesses except soliciting non-profit organizations, charity, shopping malls, and charity fundraising groups which may not hyperlink to our website.
3.2. These organizations may link to our home page, to publications or to other Website information so long as the link:
3.2.1. is not in any way deceptive;
3.2.2. does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
3.2.3. fits within the context of the linking party’s site.
3.3. We may consider and approve other link requests from the following types of organizations:
3.3.1. commonly-known consumer and/or business information sources;
3.3.2. dot.com community sites;
3.3.3. associations or other groups representing charities;
3.3.4. online directory distributors;
3.3.5. internet portals;
3.3.6. accounting, law and consulting firms; and
3.3.7. educational institutions and trade associations.
3.4. We will approve link requests from these organizations if we decide that:
3.4.1. the link would not make us look unfavourably to ourselves or to our accredited businesses;
3.4.2. the organization does not have any negative records with us;
3.4.3. the benefit to us from the visibility of the hyperlink compensates for the absence of Y9 Microfinance Tanzania Limited; and
3.4.4. the link is in the context of general resource information.
3.5. These organizations may link to our home page so long as the link:
3.5.1. is not in any way deceptive;
3.5.2. does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
3.5.3. fits within the context of the linking party’s site.
3.6. If you are one of the organizations listed in article 3 a) of this section above and are interested in linking to our website, you must inform us by sending an e-mail to Y9 Microfinance Tanzania Limited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
3.7. Approved organizations may hyperlink to our website as follows:
3.7.1. By use of our corporate name; or
3.7.2. By use of the uniform resource locator being linked to; or
3.7.3. By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site.
3.7.4. By acceptance of the following Content Liability clause.
3.8. No use of Y9 Microfinance Tanzania Limited’s logo or other artwork will be allowed for linking absent a trademark license agreement.
4. Content Liability
4.1. We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
5.1. Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our website.
7. Reservation of Rights
7.1. We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
8. Removal of links from our website.
8.1. If you find any link on our website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
8.2. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
9.1. To the maximum extent permitted by applicable laws, we exclude all representations, warranties and conditions relating to our website and the use of this website.
9.2. Nothing in this disclaimer will:
9.2.1. limit or exclude our or your liability for death or personal injury;
9.2.2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
9.2.3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
9.2.4. exclude any of our or your liabilities that may not be excluded under applicable law.
9.3. The limitations and prohibitions of liability are set in this Section and elsewhere in this disclaimer:
9.3.1. are subject to the preceding paragraph; and
9.3.2. govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
9.4. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.1. “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Y9’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
10.2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
11. Feedback and Reviews
11.1. Y9 welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third-Party Provider (collectively, “Feedback”) to Y9 be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Y9 (whether submitted directly to Y9 or posted on any Y9 hosted forum or page), you waive any and all rights in the Feedback and that Y9 is free to implement and use the Feedback if desired, as provided by you or as modified by Y9, without obtaining permission or license from you or from any third party. Any reviews of a Third-Party Service or Third Party Provider that you submit to Y9 must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Y9 reserves the right (but not the obligation) to remove or edit Feedback of Third-Party Services or Third-Party Providers, but does not regularly inspect posted Feedback.
12.2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Y9 partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to National laws), or your breach of the Terms of Service.
12.3. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
12.4. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
12.5. Y9 does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
12.6. Y9 does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
12.7. Y9 is not responsible for any of your tax obligations or liabilities related to the use of Y9’s Services.
12.8. Y9 does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
13.2. To the extent that Y9 processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws in Tanzania.
14.2. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
12.1. You expressly understand and agree that, to the extent permitted by applicable laws, Y9 and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
13. Privacy and Data Protection
14. Term and Termination 14.1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”). 15. General 15.1. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Shopify will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Shopify’s prior written consent, to be given or withheld in Shopify’s sole discretion.
14.1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
15.1. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Shopify will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Shopify’s prior written consent, to be given or withheld in Shopify’s sole discretion.