1. INTRODUCTION

These are the Terms and Conditions for the Angle Dimension Application (“Software”, “Platform”, “Khusa”) published by Angle Dimension (Pty) Ltd. (“Angle Dimension”, “Us”, “We”) a private company duly registered in terms of the laws of the Republic of Malawi whose registered address is Area 47, Plot Number 47/1/33, Lilongwe.

2. DETAILED DESCRIPTION OF SERVICES

Angle Dimension is a business in the fintech industry that offers information and activity management service that allows you to manage your group savings contribution funds, consolidate, visualize your group activities, financials and other related village bank matters (“Service”, “Product”). Your group contribution savings are banked with a licensed financial bank to ensure compliance with the financial regulator through a trust account. When you link your group or open an account via the Khusa platform, you are instructing us to deposit your funds into the trust account which you have access to through your group account within Khusa App.

Users must be 18 years or older. If you are a minor child under the age of 18 years you may only enter into this Agreement and register an account on the Khusa platform with the prior written consent of one or more of your parents or legal guardians.

All our service fees are provided, calculated and quoted in the app and as well in accordance to our fee schedule published from time to time. We reserve the right to amend or vary the fees charged from time to time. Any amendment or variation of such fees will be deemed to be an amendment of this Agreement. If you object to any amended or varied fees, your sole remedy is to terminate your use of the Khusa platform.

Angle Dimension does not give financial advice and does not employ financial advisers. If you require financial advice, it is your responsibility to appoint a financial adviser.

3. ACCEPTANCE

Downloading, otherwise accessing, otherwise using the Software signifies that you have read the Terms and Conditions (“Terms”) and understand them and agree to be bound by these Terms. Angle Dimension reserves the right to update, amend and/or replace any or the whole of the Terms and these changes shall be effective immediately and replace any previous Terms.

You shall be deemed to have consented to these amendments as soon as you download, otherwise access, otherwise use the Software. You are responsible for reviewing these Terms from time to time so that you are aware of the amendments. We may be required, under the Financial Crimes act, 2016 to confirm your identity when you register on the Angle Dimension platform and we may request such information as we consider necessary to confirm your identity

Any registration information that you provide to us must be accurate, current, relevant and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account.

You must ensure that you keep your user IDs, bank details and passwords strictly confidential and secure and you do not share these details with any other person. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify us of any unauthorized use as soon as you become aware of it.

You will contact us immediately when you become aware or suspect that any unauthorised person has gained access to your account details; or if your account details have been lost, stolen or misused; or if there has been any other breach of security. You will change your account details immediately when you become aware of or suspect any one of the circumstances set out above.

You are responsible for regularly reviewing your and groups’ savings and ensuring that they continue to suit your and groups’ circumstances. We do not take responsibility for your and/or groups’ selection. You shall remain solely responsible for taking all decisions, making all enquiries, applying your own judgment, and managing all aspects of the products and services you access and use via the Angle Dimension Khusa platform, including issues relating to tax and financial planning.

You acknowledge that, as with all investments, the products (or services) published and accessed via the Khusa platform may gain or lose value and there is always risk of financial loss inherent in such products (or services).

You acknowledge that you are not entitled to withhold any payment of any fees due to us by reason of any alleged breach of this Agreement by us or for any other reason.

4. CONTENT OF THE SOFTWARE

Angle Dimension reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Software and any information or content on the Software. Angle Dimension reserves the right to change or amend the products, services, prices and rates relative to the Software from time to time, without notice.

The display or accessibility of a particular financial product (or service) on the Angle Dimension platform does not mean that we are making any recommendation in relation to that product (or service), or that your purchase and/or use of that product (or service) is appropriate to meet your groups’ needs or requirements.

5. RETURN AND REFUNDS POLICY

You may cancel your transaction for a full refund at any time before the transaction is processed on the platform. You are responsible for ensuring the payment details you provide are accurate. Once payment instructions have been executed by Angle Dimension, transactions cannot be reversed and Angle Dimension will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions.

6. CUSTOMER PRIVACY POLICY

Angle Dimension shall take all reasonable steps to protect the personal information of users. We may monitor this website and/or our app to make sure it is operating properly. However, we do not, as a general practice, monitor your activities on this website/ app. Where we are required to intercept communications under the instructions from the regulator, you agree that you will have no recourse against us if we act in terms of this clause and you waive your right to make any claim or demand or to institute any legal proceedings against us arising from the interception or monitoring of this website and/or our app in accordance with our legal rights and obligations.

7. PAYMENT OPTION ACCEPTED

Payment may be made via VISA, MasterCard, FDH Digital, Airtel Money, TNM Mpamba or by bank transfer into the Angle Dimension bank account, the details of which will be provided on request.

8. CREDIT CARD ACQUIRING AND SECURITY

Credit card and cheque card transactions will be acquired for Angle Dimension via ECOBank Ltd who are the approved gateway financial institution. ECOBank uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.

9. CUSTOMER DETAILS SEPARATED FROM CARD DETAILS

Customer details will be stored by Angle Dimension separately from card details which are entered by the client on Khusa’s secure App.

10. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder in Malawi. Transaction currency is Malawi Kwacha (MWK).

11. RESPONSIBILITY

Angle Dimension takes responsibility for all aspects relating to the transaction including group transaction on its app, customer service and support, dispute resolution. Any complaints regarding the standard and quality of the product or services bought by consumers through the mobile and web app facility should be directed to the following email address, khusa@angledimension.com

12. WARRANTIES

Angle Dimension makes no warranties, representations, statements or guarantees as to the accuracy, appropriateness, correctness, completeness or reliability of the Software and the data and/or content on the Software. Angle Dimension does not warrant that the Software or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality.

Angle Dimension expressly disclaims all implied warranties and takes reasonable measures to ensure the integrity of the Software and its contents and no warranty, whether express or implied, is given that any files, downloads or applications available via this Software are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

The user agrees that Angle Dimension shall not be liable for any losses or damages that may arise from the user’s reliance on the Software, howsoever these may arise.

Angle Dimension does not make any representation or give any guarantee that you will realise any returns, profits, or other financial benefits from your use of any financial products or services accessible from the Angle Dimension platform.

In particular, Angle Dimension is not responsible for any losses that may be suffered due to errors made by vendors, service providers, the investment or market risk of the underlying investment; changes in tax or other legislation; delays in the processing or the rejection of an application for any financial product/service made via the Angle Dimension platform for any reason whatsoever; any financial adviser acting on your or groups’ behalf beyond the scope of their mandate either via telephone, email, fax or website; or acting on any incorrect information provided to you in any format.

13. INTELLECTUAL PROPERTY

Angle Dimension owns all intellectual property rights in all materials, text, drawings, design, programs and data made available on the Service. Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or exploitation of the whole or any part of this material is an infringement of our rights.

Angle Dimension owns the Angle Dimension and Khusa trademarks, names, logos and service marks displayed on the Service whether registered or unregistered. You may only use the Angle Dimension and Khusa trademarks with Angle Dimension’s written permission. All Angle Dimension’s trademarks are protected by copyright laws. All rights not expressly granted are reserved and no right, title or interest in any material or information contained in this Software is granted to you.

Except with Angle Dimension’s express written permission, no material from this Software may be copied or retransmitted. The copyright in all material contained on, in, or available through the Software including, the selection and arrangement thereof, and all source code software compilations and other material, except that which is created and owned by you, is owned by or licensed to Angle Dimension.

14. LINKED THIRD PARTY WEBSITES APPLICATIONS AND THIRD PARTY CONTENT

Angle Dimension may provide links to third party websites and apps on the Software. These links are provided to the user for convenience purposes only and Angle Dimension does not endorse, nor does the inclusion of any link imply Angle Dimension’s endorsement of, such websites and/or apps, their owners, licensees or administrators or such websites’ content or security practices and operations.

While Angle Dimension tries to provide links only to reputable websites, Angle Dimension cannot accept responsibility or liability for the information provided on other websites and/or applications. Linked websites, applications or pages are not under, nor subject to, the control of Angle Dimension.

15. USAGE RESTRICTIONS

You agree to not create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication transmitted through the Software. Disseminate or transmit any message that does not pertain to the intended use of the Software or that contain anything that is obscene, defamatory, harassing, offensive or malicious.

Use the Software in any unlawful manner or in any manner which promotes and/or encourages illegal activity including (without limitation) copyright infringement. Attempt to gain unauthorized access to the Software or any networks, servers or computer systems connected to the Software.

Copy, reproduce, translate, modify, rent, lease, lend, license, sublicense, distribute, transmit, share or create derivative works, adapt, encumber, decompile, reverse engineer or in in any other way deal with any part of the Software for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms. Write and/or develop any derivative of the Software or any other software program based on the Software.

Modify or enhance the Software. If you effect any modifications or enhancements to the Software in breach of this clause, such modifications or enhancements shall be the property of Angle Dimension. Without Angle Dimension’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Software by persons other than you. Remove any identification, trademark, copyright or other notices from the Software.

16. SECURITY

In order to ensure the security and reliable operation of the Service to all users of the Software, Angle Dimension hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

You may not utilise the Software in any manner which may compromise the security of Angle Dimension’s networks or tamper with the Software in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Software, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Software.

You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the Service.

17. RISK, LIMITATION OF LIABILITY AND INDEMNITY

Your use of this Software and the information contained on the Software is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.

The transmission of information via the internet, including without limitation e-mail and other digital messages, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Angle Dimension be liable for any loss, harm, or damage suffered by you as a result thereof. Angle Dimension shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising related to the use of, or the inability to access or use the content of the Software or any functionality thereof, or the information contained on the Software, or of any linked software, even if Angle Dimension knows or should reasonably have known or is expressly advised thereof.

You hereby unconditionally and irrevocably indemnify Angle Dimension and agree to hold Angle Dimension free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Angle Dimension or instituted against Angle Dimension as a direct or indirect result of:

• Your use of the Software;
• Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;
• Your failure to comply with any of the terms or any other requirements which Angle Dimension may impose from time to time;
• The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
• Any unavailability of, or interruption in, the Service which is beyond the control of Angle Dimension.

Angle Dimension makes no warranty or representation as to the availability, accuracy or completeness of the content of the Software. You expressly waive and renounce all your rights of whatever nature that you may have against Angle Dimension for any loss suffered by you, as a result of information supplied by Angle Dimension that is incorrect, incomplete or inaccurate.

18. CONFIDENTIALITY

By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or Service offered by Angle Dimension. You shall notify Angle Dimension should you discover any loss or unauthorised disclosure of the information.

Any information or material sent to Angle Dimension will be deemed not to be confidential, unless otherwise agreed in writing by the user and Angle Dimension

19. BREACH OR CANCELLATION

Having given the user of the Service 10 business days’ notice in writing to remedy a material breach Angle Dimension is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Software and Service, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Angle Dimension’s right to claim damages, should any user:

• Breach any of these Terms; In the sole discretion of Angle Dimension, use the Software in an unauthorized manner; or
• infringe any statute, regulation, ordinance or law. Breach of these Terms and failure to remedy such breach, entitles Angle Dimension to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Angle Dimension.

20. TERMINATION

We may terminate or suspend your subscription and/or access to the Service at any time without prior notice; or liability for any reason whatsoever without limitation and in the event of you breaching these Terms. On termination all provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability will survive termination. We will close your account and deactivate your login details. We will remove from our records all your information in our possession other than information and data which we are obliged by law to retain.

21. WHOLE AGREEMENT

Nothing in this Agreement is intended to create a partnership, a joint venture or any relationship of agency, representation, or employment between us.

These terms and conditions constitutes the entire and only agreement between us and supersedes all previous negotiations, communications and other agreements, whether written or oral, unless they are incorporated by reference into this Agreement. No other terms, representations, warranties, statements or conditions will be binding on us other than those contained in this Agreement.

22. APPLICABLE LAW

You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Software. These Terms are governed by and interpreted in accordance with the laws of the Republic of Malawi without giving effect to any principles of conflict of law. If any provision of these Terms is held to be invalid or unenforceable by a court of the Republic of Malawi, the remaining provisions of these Terms will remain in effect.

23. COUNTRY OF DOMICILE

This app is governed by the laws of Malawi and Angle Dimension chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Business physical address: Area 47, Plot Number 47/1/33

24. JURISDICTION

These Terms and Conditions shall be governed by the laws of the Republic of Malawi, and the User consents to the jurisdiction of the High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Angle Dimension and the User with regard to the use of the Content and this Website and Platform.

You consent to the exclusive jurisdiction of the courts of the Republic of Malawi over any dispute with Khusa as to the Software, Services or these Terms.

25. VARIATION

Angle Dimension may, in its sole discretion, change this agreement or any part thereof at any time without notice.

26. COMPANY INFORMATION

This website and platform is run by Angle Dimension (pty) Ltd based in Malawi.

27. KHUSA CONTACT DETAILS

Email: khusa@angledimension.com
Telephone: +265 1 759 489
Physical address: Area 47, Plot Number 47/1/33, Lilongwe, Malawi