BRD MOBILE APP SERVICES TERMS AND CONDITIONS

Access and use of the “BRD Mobile app”, is subject to the following terms and conditions ("Conditions" and/or "Terms"). To proceed please press the “accept’ button shown on the screen.

Table of Contents

1. DEFINITIONS

  • 1.1 “Agreement” means the Service Provider Terms and Conditions, set herein as may be amended from time to time, and the Service Provider Privacy Policy.
  • 1.2 “Applicable Law(s)” includes but is not limited to all Rwandan legislation, law, regulation, code, guidelines, rules, policies, and directives of any competent regulatory entity.
  • 1.3 “BRD App” refers to the BRD’s mobile application that enables customers to access their loan information and apply for loans from BRD. The App is downloadable and accessed through the Play Store for Android Customers and the Apple Store for iPhone Customers.
  • 1.4 “Business Day” means any day other than Saturday, Sunday, or any other day defined authorized by law or executive instruction as such.
  • 1.5 “Customer” refers to the person who accesses and uses the BRD Mobile App.
  • 1.6 “Disclosing Party” means any one of the Parties under this Agreement who discloses Confidential Information to the other Party to this Agreement.
  • 1.7 “Effective Date” means the date of acceptance of these terms by the customer.
  • 1.8 “Personal Information” refers to the information about the Customer obtained by the Bank in connection with the services provided through the app including but not limited to the information collected by the Bank for opening Account(s) of the Customer that exclusively identifies the customer.
  • 1.9 “PIN” refers to the Personal Identification Number which the Customer shall use to access the BRD Application and authorize any transaction.
  • 1.10 “Receiving Party” means any person receiving Confidential Information from a Party through the BRD App under this Agreement.
  • 1.11 “Service Provider” refers to the Development Bank of Rwanda Plc (BRD) or the Bank.
  • 1.12 “Territory” means the Republic of Rwanda.
  • 1.13 “We” “Us” “Our” and “the Company” refer to the Development Bank of Rwanda Plc as the context so requires.

2. SCOPE AND ACCEPTANCE OF TERMS AND CONDITIONS

These Terms and Conditions, along with the Customer’s application as accepted by BRD, constitute the agreement between the Customer and BRD. By applying for and granting Authorized Customers access to the BRD App Services for the first time (and on every subsequent occasion), the Customer fully acknowledges, accepts, and reaffirms their acceptance of these Terms and Conditions.

3. REGISTRATION AND USE OF THE BRD APP

By accepting these Terms and Conditions, the Customer agrees to use the BRD App Service and is registered accordingly.

3.1 ELIGIBILITY AND ACCESS

To use the BRD App Service, the customer must successfully download the app and create a digital transaction PIN.

  1. 3.1.1 The Bank has full discretion to approve or reject a customer’s registration without providing any reason.
  2. 3.1.2 BRD App will be made available to Customers based on the Bank’s best efforts. However, the Bank reserves the right to decide which services are available to different Customer categories.
  3. 3.1.3 The Bank may add or remove features from the BRD App Service at its sole discretion.
  4. 3.1.4 The Bank is not obligated to provide the BRD App Service for mobile phones that do not meet its technical specifications.

3.2 CUSTOMER RESPONSIBILITIES

  1. 3.2.1 The Customer must access the BRD App only through the mobile phone number registered with the Bank and linked to their account(s).
  2. 3.2.2 The Customer must not share their mobile phone or allow third parties to access the BRD App using their account details.
  3. 3.2.3 The Customer is responsible for any unauthorized use of their registered mobile phone number to access their account via the BRD App.
  4. 3.2.4 The Bank bears no liability for any unauthorized use of the Customer’s mobile phone or account. The Customer agrees not to hold the Bank responsible for any losses, damages, or claims arising from such unauthorized use.
  5. 3.2.5 In case of loss or theft of the Customer’s mobile phone, the Bank is not responsible for any misuse of the BRD App. The Customer indemnifies the Bank against any resulting losses or liabilities.
  6. 3.2.6 Once the Customer successfully downloads and registers onto the BRD App, they shall access their loan information and apply for loans from BRD.
  7. 3.2.7 Android Customers can download the app from the Play Store, while iPhone Customers can find it on the Apple Store.

3.3 TRANSACTIONS AND SECURITY

  1. 3.3.1 The Customer must access the BRD App using their registered mobile number and transaction PIN (OTP: One-time Password).
  2. 3.3.2 The Bank is not responsible for verifying the authenticity of any transaction or instruction received via the BRD App that appears to be from the Customer.
  3. 3.3.3 The Bank’s internal transaction records will be considered final and legally binding as evidence of all transactions conducted through the BRD App.

4. DISCLOSURE OF PERSONAL INFORMATION

  1. 4.1 Customers unconditionally agree that the Bank or its service providers may hold and process the Customer’s Personal Information on BRD App or otherwise in connection with the BRD App, for research, statistical analysis, or other legitimate purposes.
  2. 4.2 TThe Customer authorizes the Bank to share the Customer’s details that are required to process a transaction with any third-party service provider including the National ID Agency (NIDA), Rwanda Development Board (RDB) and regulator where applicable.

5. WARRANTIES

  1. 5.1 The Customer must not submit or access BRD App using illegal or fraudulent means.
  2. 5.2 The Customer warrants it will use the Services in good faith, in accordance with these terms and conditions and in accordance with all Applicable Laws. In particular, the Customer will not use the Services in violation of anti-money laundering, counter terrorist financing and similar laws.
  3. 5.3 The Parties guarantee that they have the full capacity, regulatory approvals, and corporate authorization to enter into this Agreement and discharge the obligations and responsibilities created herein.
  4. 5.4 The Parties further warrant that no element of this transaction constitutes a breach of any existing law, regulation, patent, copyright, or other intellectual property in its country or countries of domicile and operation.
  5. 5.5 Each Party warrants to the other that these terms and conditions constitute a legal, valid and binding obligation, enforceable against it in line with the terms and obligations therein and no provision of these terms and conditions conflicts with any of the Party’s obligations under its constitutional documents, Applicable Law or any other document, charter or agreement to which the Party is subject,
  6. 5.6 The Parties shall keep each other indemnified against all actions, claims, proceedings and all legal costs or other expenses arising out of any breach of the above warranties or out of any claim by a third party based on any facts which if substantiated would constitute such a breach or a breach of other relevant legal or contractual duty.

6. LIMITATION OF THE LIABILITY OF THE BANK

  1. 6.1 The Customer acknowledges that the Bank will take reasonable and practical steps to ensure that BRD App Service has adequate security designs and controls to manage the risks in operating the App, considering any law, rules, regulations, guidelines, circulars, codes of conduct, and prevailing market practices that may apply to the Bank from time to time.
  2. 6.2 The Bank is in no way liable for the services provided by Telecommunication companies in relation to the mobile phone and number. The Bank is not responsible or liable for the services provided and the charges levied by Telecommunication company in relation to the activities and transactions on the BRD App Service.
  3. 6.3 The Bank shall, under no circumstances, be held liable by the Customer if access to the BRD App Service is unavailable in the desired manner for any reason whatsoever. BRD shall have no liability if the BRD App Service is unavailable due to reasons beyond the Bank’s control, including but not limited to natural calamities, floods, fire, and other natural disasters, legal restraints, faults in the telecommunication network or network failure, software or hardware errors.
  4. 6.4 Under no circumstances shall the Bank, its employees, agents, or service providers be liable for any damage whatsoever, whether direct or indirect, or for any claims based on loss of revenue, business interruption, or any other loss of any nature sustained by the Customer or any other person.

7. DATA PROTECTION CONSENT

  1. 7.1 The customer agrees that BRD may process personal data on his/her behalf for the purpose of offering BRD App services to customers. The bank shall process the personal data only as agreed by the customer, and both parties shall comply with the applicable data protection laws of Rwanda.
  2. 7.2 At any time in writing or electronically, the customer may contact, or request the right to be informed, the right of access, the right to rectification, and the right to erasure or restrict processing, as required by the data protection in Rwanda
  3. 7.3 The Bank shall implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data. These measures should protect against unauthorized access, loss, destruction, alteration, or disclosure of personal data.
  4. 7.4 The bank shall promptly notify the customer in case of any data breaches. Each party shall indemnify and hold the other party harmless from and against any claims, damages, liabilities, losses, or expenses arising out of a breach of its obligations under the data protection clause or applicable local personal data protection and privacy law.

8. TERMINATION OF BRD APP SERVICE

The Bank can stop providing the App service at any time but will notify the Customer in advance. However, the Bank may suspend or terminate the App service without prior notice in the following cases:

  1. (a) The Customer violates the Terms and Conditions.
  2. (b) The Bank detects errors, omissions, or fraudulent transactions in the Customer's account(s)
  3. (c) The Customer becomes the subject of a public investigation and
  4. (d) A court orders the Bank to do so.

9. NOTIFICATIONS

The Customer agrees that the Bank may occasionally send updates about BRD App Services, new products, and any other business updates. These updates may be sent via SMS, flash messages, or other communication methods. By accepting these Terms and Conditions, the Customer gives consent to the Bank to send the information stated under this section to the Customer.

10. CHANGING THE TERMS AND CONDITIONS

  1. 10.1 The Bank has the right to amend, supplement, or modify these Terms and Conditions at any time at its sole discretion. Any changes made will be binding on the Customer.
  2. 10.2 An updated version of the Terms and Conditions will be published on the Bank’s official website or any other medium chosen by the Bank. Once the updated version is published, the Customer will be notified that changes have been made and will be invited to read the new terms. Continued use of the app is subject to accepting the modifications.
  3. 10.3 The Bank reserves the right to determine and modify the use of the App Service. The Bank may change, vary, add, or amend these privileges and their conditions as it sees fit

11. GOVERNING LAW AND DISPUTE RESOLUTION

The BRD App Service and these Terms and Conditions shall be governed by and construed in line with the laws of Rwanda. The Bank and the Customer agree to settle disputes arising out of or in connection with these Terms and Conditions amicably, failure of which the dispute shall be submitted to competent courts of law in Rwanda.

12. COMPLAINTS

The Customer is required to report any complaint they have to the Bank immediately by calling 3288 or emailing secretariat@brd.rw. If the Customer notices any errors, discrepancies, or missing details in their transactions, they should inform the Bank as soon as the discrepancies or errors are discovered.

THE CUSTOMER HEREBY CONFIRMS AND AGREES THAT THE CUSTOMER HAS READ AND UNDERSTOOD THE FOREGOING AND AGREES TO BE BOUND BY THE ABOVE TERMS AND CONDITIONS AND THE INDEMNITY.