Privacy Policy

Terms of Service

FAQ

EMMA Terms of Service

  1. This Master Services Agreement – Terms of Use as amended from time to time (“Terms”) relates to the on-line mobile wallet EMMA application and establishes an agreement between you, the customer (“End-user” or “You”) and UNICOMER (TRINIDAD) LTD., a limited liability company duly incorporated under the Companies Act of the laws of Trinidad and Tobago with its registered office located at Corner Don Miguel Road and Churchill Roosevelt Highway, El Socorro (hereinafter called the “Company”, “us” or “we” which expression shall include where appropriate its affiliates, successors and assigns) and shall govern your use of the mobile wallet EMMA App and the services set out in these Terms offered by the Company.
  2. The Company and the End-user are hereinafter sometimes referred to individually as a “Party” or collectively as the “Parties”.

  3. Recitals

    WHEREAS, the Company is in the business of inter alia, money lending and provision of other financial services and the Company has launched the EMMA App through which its customers can electronically access various Services.
    WHEREAS, the End-User desires to benefit from the use of the Services offered by the Company via the EMMA App.
    WHEREAS, Company and End User agree that these Terms, as may be amended from time to time, shall apply to use of the EMMA App and the Services offered by the Company via the EMMA App.

  4. Definitions

    • ‘EMMA App’ refers to an online mobile wallet application that can be downloaded and accessed and used from any mobile phone through which You can submit an electronic application for credit approval, status and ranking from the Company.
    • ‘Services’ refers to the facilities offered by the Company from time to time using the EMMA App as set out in clause 2.0.
    • ‘Account’ has the meaning set out in clause 5.1.

 

  1. Eligibility
    1. You represent and warrant that you are at least eighteen (18) years old.
    2. You represent and warrant that you can enter into these Terms and perform the obligations set out hereunder.
  2. Services
    1. The Services constitutes your access to the EMMA App, the assessment by the Company of your credit worthiness, and subject to the Company’s determination (in its sole and absolute discretion) the Company will grant You credit approval status and an approved spend limit (together your “Ready Finance Spend Limit”).
    2. You will be able to use your Ready Finance Spend Limit via the EMMA App to:
      1. make point of sale payments to approved third party vendors who have partnered with the Company for use of such;
      2. subject to approval of the Company on submission of an application by You, obtain hire purchase from the Company for the letting of products on hire from the Company;
      3. subject to approval of the Company on submission of an application by You, obtain loans from the Company.
    3. The use of the EMMA App to make payments to approved third party vendors as set out in clause 2.2.1 will be governed by a separate agreement to be entered into by the Parties at the relevant time to record the terms of the arrangement.
    4. The obtaining of hire purchase and loans as set out in clause 2.2.2 and 2.2.3 respectively (“Credit Facilities”) by You from the Company will be governed by a separate agreement to be entered into by the Parties at the relevant time to record the terms of the arrangement.
    5. The Company is under no obligation to reveal to you (including your nominees, heirs and successors) its assessment of your creditworthiness at any point in time.
    6. The Company does not guarantee that the Credit Facilities sought by You will be granted to You by the Company. The final decision on whether or not to grant You the Credit Facilities will rest with the Company and will be made using the Company’s credit decision making processes and methodologies.
    7. The Company may require You to submit further documentation, information and details as required under applicable laws and its internal policies prior to taking any decision about grant of Credit Facilities to You.
  3. Consent
    1. You agree and accept that the Company may in its sole discretion, by itself or through authorised persons, advocate, agencies, bureaus, companies or other third-party service providers, verify any information given by You (including personal and sensitive information), check credit references, employment details and obtain credit reports to determine your creditworthiness from time to time.
    2. By using the EMMA App or any of the Services, you consent to our collection and use of technical information about the equipment used by You to download the EMMA App and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use the Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the EMMA App.
    3. You understand that by using the Services, you consent and agree to the collection and use of certain information about You and your use of the Service in accordance with the Company’s Privacy Policy and these Terms. The Company’s Privacy Policy applies to all your information collected under these Terms. You further understand and agree that this information may be transferred to other countries for storage, processing and use by the Company and/or its service providers in accordance with applicable law.
  4. Acceptance of Terms
    1. You must carefully read and understand these Terms before downloading or streaming the EMMA App or opening an Account (as hereinafter defined) with the Company, which will govern the use and operation of the EMMA App and the Account.
    2. Supplemental terms may apply to certain Service(s) and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
    3. The Company may, at its sole discretion, amend these Terms from time to time. Unless otherwise set out herein, amendments will be effective upon the Company’s posting of such updated Terms at this location or on its website. Your continued access or use of the Service(s) after such posting constitutes your consent to be bound by the Terms, as amended.
    4. After downloading the EMMA App, you will be deemed to have accepted these Terms upon clicking the “Accept” option on the EMMA App asking you to confirm that you have read, understood and agreed to abide by these Terms. If you do not agree with these Terms, please click the “Decline” option. You will not be able to access the Services if you decline the Terms. If you do not agree to these Terms, we will not license the EMMA App to You.
    5. By clicking “Accept” at the base of these Terms you consent and agree to receive an electronic version of these Terms. You also agree that these Terms and any other agreement You enter into with the Company pursuant to the use of the EMMA App may be electronically signed, transmitted, accessed and retained through the EMMA App, unless otherwise notified by the Company, including but not limited to your agreement that by clicking “Accept” at the base of these Terms (which shall include the ‘Definitions’ in Recital D) you agree to accept the electronic delivery and receipt of contracts formed though the EMMA App, the electronic and storage and retrieval of all documents submitted and/ or related to the Services.
    6. By downloading the EMMA App and opening an Account with the Company, you agree to comply with and be bound by these Terms governing the operation of the Account and you affirm that the Terms herein are without prejudice to any other right that the Company may have with respect to the Account in law or otherwise.
  5. Account Set Up
    1. To use the EMMA App and the Services, you must register for and maintain a service account (the “Account”). Account registration requires you to electronically submit certain information including your (a) name, (b) address, (c) mobile phone number, (d) date of birth (e) scanned copies of two valid forms of identification, (f) a digital passport size photograph measuring [5*8], (g) contact information for two references, (h) payslips or bank statement for the past 3 months or any other proof of income (i) a scanned copy of your job letter from your current employer not more than [one month old] and any other information that may be requested by the Company.
    2. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date information on your Account may result in your inability to access and use the EMMA App and/or the Service(s) or result in the Company’s termination of this agreement with you. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times.
    3. Unless otherwise permitted by the Company in writing, you shall only use and operate one Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to the Company shall be to your account and You will be liable for all liabilities incurred as a result of such misuse.
    4. You hereby consent that any information submitted by you for Account set-up and for access to and use of the Services may be used by the Company in accordance with the privacy policy published at [link to privacy policy to be inserted] which is deemed to be part of these Terms.
  6. Collection Authorization
    1. You agree to allow the Company to send you payment reminders from time-to-time at such frequency and in such manner as may be determined by the Company.
    2. You further permit the Company to use other information which you have granted the Company access to, for the purposes of enabling the Company to send payment reminders to yourself.
  7. Network Access and Devices
    1. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data usage rates and fees will apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the EMMA App and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
  8. License
    1. Subject to your compliance with these Terms, the Company grants You a limited, non-exclusive, revocable, non-transferrable license in Trinidad and Tobago to:
      1. access and use the EMMA App through your mobile communication device solely in connection with your use of the Services; and
      2. access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.
    2. You acknowledge that all intellectual property rights in the EMMA App anywhere in the world belong to the Company or its licensors and that You have no rights in or to the EMMA App other than the right to use the EMMA App in accordance with these Terms.
  9. Rights and Obligations
    1. You may not:
      1. use the Services except as expressly provided in these Terms;
      2. provide any third parties with access to the Services;
      3. use the Services to post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters;
      4. remove any copyright, trademark or other proprietary notices from any portion of the Services;
      5. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company;
      6. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or the EMMA App or any other computer system including by introduction of any virus, trojan or such material;
      7. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or
      8. Re-sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services
      9. use the Services to host, display, upload, modify, publish, transmit, update or share any information that:
        1. belongs to any other person and to which you do not have any right to;
        2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
        3. harms persons in any manner;
        4. infringes any patent, trademark, copyright or other proprietary rights;
        5. violates any law which is in force;
        6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
        7. impersonates another person;
        8. threatens the unity, integrity, defence, security or sovereignty of Trinidad and Tobago, or causes incitement to the commission of any offence.
      10. The Company shall have the on-going right to monitor your use of the Services to the extent required to determine your compliance with these Terms.
  10. Term and termination
    1. These Terms and the right to use granted hereunder shall take effect on the date you create an Account with the Company, and shall continue in effect until either you or the Company terminates this agreement in accordance with this section. Either Party may terminate this agreement by providing thirty (30) days’ notice of the same.
    2. The Company may terminate the Agreement:
      1. thirty (30) days after the Company gives you notice of your breach of any provision of the Agreement (other than your breach of its obligations under clause 9(i) (Restrictions) or clause 11 (Confidential Information) which breach shall result in immediate termination) and which you do not cure within the thirty (30) day notice period; or
      2. immediately for not repaying the Credit Facility or any other charges payable by You pursuant to these Terms;
      3. if you file for bankruptcy, become insolvent, or make an assignment for the benefit of creditors.
    3. All accrued rights and obligations of the parties shall survive any termination of these Terms and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.
  11. Confidential Information
      1. In course of your dealings with the Company, either party may share and provide the other with access to its confidential and Proprietary Information (“

    Confidential Information

      ”). Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The receiving party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. Confidential Information shall be disclosed only on a need-to-know basis. Except as provided herein, the Parties agrees to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the disclosing party. Confidential Information includes but is not limited to the Services, documentation, third party materials, business plans, business forecasts, financial information, customer lists, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.
  12. Limitation of Liability
    1. You shall defend, indemnify and hold harmless the Company it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against the Company by third parties alleging that:
      1. your use of and access of the Services;
      2. your violation of these Terms;
      3. your violation of any third party right, including without limitation any copyright, property, or privacy right caused damage.
    2. Your indemnification obligation under this clause [9.1] will survive termination of this agreement and your use of the Services.
    3. In no event shall the Company be liable, whether in contract, tort (including negligence) or otherwise for any loss of profits, business, contracts, or revenues, loss of operation time, increased costs or wasted expenditure, loss of goodwill or reputation, special, indirect, incidental punitive or consequential damage of any nature whatsoever or howsoever arising out of this agreement.
  13. Representation and Warranties
    1. You represent, warrant and covenant that:
      1. You have sufficient authority to enter into the Agreement;
      2. Your use of EMMA App and the Services is solely for lawful purposes;
      3. You have the necessary rights to provide all information provided under these Terms for use as described in these Terms, and that all such information, statements referenced herein or submitted by You: (a) do not violate any law, legislation or regulation or these Terms; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libellous, slanderous or threatening; and (f) will be free of viruses, trojans cancelbots or other central processing unit programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.
      4. You will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by the EMMA App, clicking, impression or marketing activities through the Services, and You will comply with all applicable laws including laws that may become applicable in the future.
  14. Assignment
    1. You may not assign this Agreement without the prior written consent of the Company.
  15. Dispute Resolution
    1. Disputes
      1. A party to this contract claiming that a dispute has arisen under or in relation to this contract must give written notice to the other party to this contract specifying the nature of the Dispute.
      2. On receipt of that notice by that other party, 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 these Terms. To this end, the Parties in dispute shall endeavour to resolve the Dispute expeditiously using dispute resolution procedures such as mediation, expert evaluation or determination or similar procedures agreed by them.
  16. Governing Law
    1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago.
  17. Force Majeure
    1. The Company shall not be liable to the other for failure or delay in the performance of Services, if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.
  18. Notices
    1. All notices and other communications made or required to be given under these Terms shall be in writing and shall be deemed given upon receipt when sent through:
      1. email; or
      2. personal service, to the address specified below: If to the Company: Email: trinidademmasupport@unicomer.com Address: Calcutta Settlement #1, Freeport If to You: To the email or address provided at the time of registration and set-up of Account.
  19. Waiver
    1. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of these Terms. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving Party.
  20. Severability
    1. If any of the terms, conditions or provisions contained in these Terms are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
  21. Entire Agreement
    1. These Terms along with any supplementary terms or addendum as may be prescribed by the Company constitute the entire agreement between the parties pertaining to the subject matter contained herein and any written or oral agreements existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by the Company.