We provide a platform and digitised service, to enable Users to participate in savings entitiesknown as “ROSCA” (Rotating Savings Credit Association), that allows users of an individual ROSCA to save and share money as part of a collective or group (the “Service”). By using OurService, You agree to comply with and be bound by the terms and conditions of these Terms of Service (“Terms”) whether or not you become or remain a registered User of the Service.
These Terms govern your access to and use of Our Service (Website and App) and constitute a binding legal agreement between You and Us. Please read carefully these Terms, and our Privacy Policy which is incorporated herein by this reference. If you do not agree to these Terms, you have no right to obtain information from or continue to use Our Service.
1. YOU UNDERSTAND AND AGREE THAT WE ARE NOT A REGULATED BANK, A MONEY SERVICES BUSINESS, A COMMERCIAL LENDER, NOR A FINANCIAL ADVISER OR AN INVESTMENT BROKER. Our service acts merely as a conduit platform to enable its Users who are members of a “Committee”, to communicate directly through us, and to authorise and enable private members to collect and distribute funds amongst themselves. In some ways you can compare these “Committees” to a “Christmas Savings Club” the likes of which are operated each year by many churches and voluntary groups, or similar to a Private Member’s Savings Club, with the Organiserbeing nominated as the “Stakeholder” or acting as the “Banker” for the collective Member Funds.
2. The type of activity our App supports is known in various communities by names such as “Komiti”, “Pardner”, “Su-Su”, “Stokvel” and “Chit”. We offer these Committees a digitised way of running their savings and payout Club in a modern, easy to use mobile app.
3. Member funds are placed solely by the Members (Users) into their choice of Committee and shall also be bound by the rules of that Committee. Whilst we will always take every step we can to prevent fraudulent use of Our Platform and perform as far as reasonably possible due diligence on prospective members, we do not and cannot guarantee, advise, endorse or otherwise validate the integrity or suitability of any User or Member
4. Definitions:
4.1 “Member” means those using our system to contribute to and send funds,between and among all Users in the same Saving Group (otherwise known as a “Committee”);
4.2 “Content” means text, graphics, images, music, software, codes, audio, video, information or other materials;
4.3 “Us”, “We” and “Our” are used interchangeably to mean the Committee® App and Burki Group Limited;
4.4 “User” means a person who successfully completes our registration process;
4.5 “Host” means the User who organises a Committee;4.6 “Committee”, is used to refer to the applicable “Group” of which the User belongs to and transacts (“Collections” and “Payouts”) within.
5. Eligibility to Participate & Account Information:
5.1 The Service is intended solely for persons who are 18 or older and You declare that You are legally able to enter into a contract. By accessing or using the Service You represent and warrant that;
5.1.1 You agree to be bound by these Terms and;
5.1.2 that You are not legally prohibited from receiving or using the Service under the laws of the country in which you access or use the Service.
6. How to Join the Service:
6.1 The service consists of a mobile app which is downloadable from the Google Play Store (Android users) or App Store (iOS users). Once downloaded, the User is required to complete the registration process of the app in its entirety for full access to its services.
6.2 The registration process consists of the user sharing their name, email address and agreeing to the Terms and Conditions which is mandatory for access to the services.
6.3 The User must share their mobile phone number which will trigger a one-time password (OTP). The OTP will be used for the initial login process to verify the User.
6.4 Upon successful entry of the OTP the User will need to create a 5-digit login passcode.
6.5 Alternatively, the User can input their biometric data to use as a log-in method.
7. User Identity Verification Process
7.1 The User must complete the full identity verification process to be able to use the Service and the app in its entirety.
7.2 The User must complete Finexer Ltd’s Account Information Services (AIS) productwhich authenticates User identity through logging in to the User’s nominated bank account. To complete this step the User must consent and agree to Finexer Ltd’s Terms and Conditions and Privacy Policy.
7.3 The User’s bank account details and financial information is not shared with Us and will not be used for any purpose other than authenticating the User’s identity.
8. How the Service Works:
8.1 A Host will issue an invitation to Users to join a private-invite only Committee. Only contacts stored on the Host’s connected mobile device can be invited to a particular Committee.
8.2 The Host will set the parameters of the Committee which includes the deposit amount, the payout frequency and the date the first payout will commence. The Committee will be complete once all Members have been paid out.
8.3 Once a User is invited to a Committee they will be required to link their nominated bank account to enable payments to be made and received. The information shared includes: the bank’s name, the account holder’s name, the account number and sort code. This information is not stored by the Committee App and is handled solely by Finexer Ltd.
8.4 After successful linking of the User’s nominated bank the User will be shown the Committee Goals screen. This is an optional screen where the User can indicate their specific goals for how they plan to use their payout. For example, holiday, car, clearing debt, home improvements. This information is stored by the Committee App.
8.5 Members can then deposit the amount as determined by the parameters of their Committee as determined by the Host. Members will each take turns receivingwhat has been collected in their respective Committee on each payout date.
8.6 The minimum deposit of funds a User can place is £5 (five pounds) with each Member depositing the same amount per specified period frequency.
8.7 The frequency of a specific Committee as determined by the Host can be weekly or monthly.
8.8 Example, each member of a 12-person Committee pays in £10 on a monthly frequency starting with January 1st as the first payout date. The second payout date would be February 1st, the third March 1st and so on until the last payout date for the 12th member on the 1st of December. Each month the expected amount as the payout would be £120 with a different member selected each month to receive the payout.
8.9 Members of their allocated Committee, have until the nominated pay-out date of that round to deposit their contribution. The Committee® App is not liable, if any User defaults on their contribution/s.
8.10 If a Committee Member fails to make their expected contribution, an outstanding payment record will be raised in the Settlement Screen of the App. The Member can then pay the missing payment to the intended recipient using the Open Banking process handled by Finexer Ltd. The Open Banking process used by Finexer Ltd utilises Instant A2A Payments. In addition, repeated failures or in the case of repeated misuse of the Committee® App, may subject a User to limited or restricted access to Our Service, which could include termination of participation in any Committee.
8.11 In the event of repeated breaches of these Terms of Use, or in the event that misuse or fraud is detected, we reserve the right to terminate Your membership and remove You from our system.
9. Applicable income taxes:
9.1 You understand and agree that You are solely responsible for determining and paying any applicable income taxes or other taxable contributions on Your savings or any Payout you receive. Committee® App is not liable in respect of any 4accounting requirements, nor any taxation issues. We merely offer the conduit platform to bring Users together, and to facilitate the payout to Users.
10. Financial Terms Information:
10.1 By entering into these Terms, You also agree to the terms and conditions of our Payout Provider who is currently Finexer Ltd, who are authorised and regulated by the Financial Conduct Authority (FCA) under the Payment Services Regulations 2017 (Firm Reference Number: 925695), as an Authorised Payment Institution. This enables us to provide payment initiation and secure account information services via the Committee® App. Their terms of service, Terms of Use and Privacy Policy are addended to Our Terms of Service by this reference.
10.2 You authorise Us to make deposits or withdrawals for any transaction in the system, either directly by Us or indirectly, via our third-party online payment processor.
10.3 As part of your participation in an allocated Committee, You hereby expressly agree that You will not issue any challenge or chargeback in respect of fees processed via Your bank, card issuer or Payment Provider. Should any chargeback be made, Your account with our System will automatically be suspended and/ or terminated.
10.4 For the purposes of accountability and ease of reference, wherever possible we only allow Usersto make payments into the system electronically via Your bankthrough Finexer Ltd.
11. Termination and User Account Deactivation:
11.1 We are not obliged to accept any User and may decline Your application at any time without giving any reason for doing so.
11.2 We may, in our absolute discretion and without liability to You, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or Your access to our Service, and (b) deactivate or cancel Your User account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you.
11.3 In the event we terminate these Terms, or Your access to our Service or deactivate or cancel Your User account You will remain liable for all amounts that are due from You to Us.
11.4 You may cancel your User account at any time by contacting Us directly or through the Committee® App’s “Delete My Account” function.
11.5 Please note that if your User account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, any personal data, reviews or feedback.
12. Use of the Service:
12.1 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
12.2 You are responsible for safeguarding your access passcode. You agree that you will not disclose your passcode to any third party. You will immediately notify Usof any suspected or actual unauthorised use of your User Account.
12.3 We assume no responsibility or liability for User content, User account information, or for any User’s compliance with any applicable laws, rules and regulations.
13. Conditions of Membership & Security:
13.1 You acknowledge that We will not be liable for any loss or damage related to your participation in our platform. You acknowledge and agree that you, alone are responsible for your decision to join Our platform and for your own acts and omissions.
13.2 You are solely and fully liable for all content, conduct, postings and transmissions that are made under your username and passcode.
13.3 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service and Content.
13.4 By your interaction with Our Platform You will not infringe, misappropriate or violate any third-party patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulation. You further warrant that you will respect the privacy and confidentiality of any other User of the Committee® App, or their membership in an allocated Committee.
13.5 By using the Service, you represent, warrant and agree that you will not: use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” the Committee® App or other Service contained in the Service or Content.
13.6 You agree not to use Our Service for any commercial or other purposes that are not expressly permitted by these Terms. You further agree not to:
(a) copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms.
(b) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denialof-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(c) use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or bank account numbers.
(d) use the Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.
(e) "stalk" or harass any other User of the Service or collect or store any personally identifiable information about any other User other than for purposes of using the Service as intended.
(f) advertise to, recruit or otherwise solicit any other User to join third party services or websites that are competitive to Our Platform, without our expresswritten approval.
(g) use automated scripts or “bots” to collect information or otherwise interact with the Service.
(h) transmit any messages or comments or content which is sexually explicit; is obscene, blasphemous to religions as hate, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive another;
(i) imply any form of affiliation with Us where none exists; infringe, or assist in the infringement of our Intellectual Property rights (including, but not limited to, copyright, trademarks and database rights) or belonging to any other party; or is made in breach of any legal duty owed to a third-party including, but not limited to, contractual duties and duties of confidence.
(j) You will not “Ethically Hack”, “Test” or otherwise try to penetrate our App or systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
(k) access, tamper with, or use non-public areas of the Service, Our computer systems, or the technical delivery systems of the Service or any third-party provider system.
(l) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us or Our Providers or any other third-party (including another user) to protect the Service or Collective Content.
(m)attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content.
(n) advocate, encourage, or assist any third party in doing any of the foregoing.
13.7 We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with Police or other law enforcement authorities in prosecuting Users who violate these Terms.
14. Content Vetting:
14.1 You acknowledge that We have no obligation to monitor your access to or use of the Service or Content or to review or edit any User submitted content, but holdthe right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the legitimate order or requirement of a court, administrative agency or other governmental body.
15. Ownership Details:
15.1 The platform and Website are owned and operated by: Burki Group Limited, a Company registered in England & Wales under company number 14199340. Our registered office is located at 12 The Gardens, Southwick, BN42 4AN. Committee® is a registered trademark registered under UK Trademark Number UK00003804124. Burki Group Limited is listed on the FCA Register under Firm reference number 1037058
16. Assignment of Account or Agreement:
16.1 You may not assign or transfer these Terms, or Your account, without Our prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, in our sole discretion, without restriction for instance if we sell or otherwise dispose Our Business or the App to another operator. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and any permitted assigns.
17. Notices:
17.1 Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these 8Terms, will be in writing and given by Us (a) via email (in each case to the email address that you provide) (b) through ‘Push Notification’ message in Our App or in writing by regular Post. For notices made by e-mail or Push Notification, the date of its receipt by You will be deemed to be the date on which such notice is transmitted.
18. License to the Service:
18.1 We grant you a limited, personal, non-exclusive, revocable, non-transferable license, to (a) electronically access and use Our Service solely for your personal and non-commercial purposes and (b) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
18.2 You may not use, copy, adapt, modify, prepare derivative works based uponOur App or Content, nor distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective App Content, except as expressly permitted in these Terms. No licenses or rights aregranted to you by implication or otherwise, under any Intellectual Property rights owned or controlled by Us or Our Licensors, except for the licenses and rights expressly granted in these Terms.
19. Advertisements:
19.1 We may include carefully selected advertisements on their own behalf or paid advertisements on behalf of interested companies and/or individuals via OurService. By clicking on any advertisements, the User may be shifted to a Website of the advertiser or receive other messages, information, or offers from the Advertiser.
19.2 Users acknowledge and agree that We are not liable for the privacy practices of advertisers or the content of their Websites, information, messages or offers.
19.3 Users are wholly liable for all communications with advertisers and for all transactions subsequently executed. If you are in doubt regarding any third-party links, you should not view them.
20. Third Party External Web Links:
20.1 The Service may contain links to third-party websites or other resources We feel may be of interest to You. You acknowledge and agree that We are not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the Content, products, or Service on or available from such websites or resources. Links to such websites or resources or third parties do not imply any endorsement by Us of such websites or resources or the content, products, or Service available from such websites or resources.
20.2 You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Service on or available from such websites or resources.
21. User Content Grant:
21.1 By making available any User Content on or through the Service, you hereby grant Us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royaltyfree license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully use any such User Content on, through, or by means of the Service as currently exist or may be developed in the future.
21.2 We do not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use andexploit any such User Content. If you delete your account, then all Your User Content will be anonymised or deleted by Us.
21.3 Any and all data may be held by us to comply with Our Statutory obligations regarding Data Storage and Business Records. By law, we may keep this data for up to 7 years.
22. Disclaimers:
22.1 IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE ANY STATEMENT, OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR CONTENT PROVIDED BY ANY USER OR COMMITTEE HOST. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY USER; (B) ANY INVESTMENT; OR (C) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY USER, CONTENT OR ANYTHING OTHERWISE CONTAINED IN OR MADE AVAILABLE ON THE SERVICE OR ANY OTHER FORUM.
22.2 Our service and content is provided on an “as is” and “as available” basis, without any warranties, express or implied. without limiting the above, we expressly disclaim all warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties that may arise from course of dealing or usage of trade.
22.3 We do not warrant that the service or any collective content will meet your expectations or be available without interruption, securely, or free from errors. we make no guarantees regarding the quality of the service or collective content, 10nor the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the service.
22.4 You are solely responsible for all communications and interactions with other users and with anyone you engage with as a result of using the service. You agree to take reasonable precautions in all such communications and interactions while using Our Service.
22.5 YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD US HARMLESS IN CONNECTION WITH ANY LOSSES OR CLAIM AND ANY DAMAGES OR EXPENSES INCURRED, ARISING FROM YOUR USE OF THE SERVICE
23. Limitation of Liability:
23.1 You acknowledge and agree that, to the fullest extent permitted by law, all risks arising from your access to and use of the service, content, or committee remain solely with you. Neither we nor any party involved in creating, producing,or delivering the service or content shall be liable for any incidental, special, exemplary, or consequential damages—including loss of profits, data, goodwill, service interruptions, computer damage, system failure, or the cost of substitute services or products.
23.2 We are not liable for any damages arising from personal or bodily injury, financial losses, or emotional distress resulting from or connected to these terms, your use or inability to use our service or collective content, or your participation in any committee or round. this applies regardless of the legal basis—including warranty, contract, tort (including negligence), product liability, or other theory—and whether or not we were informed or advised of the possibility of such damages.
24. Indemnification:
24.1 You agree to release, defend, indemnify, and hold Us and Our affiliates and subsidiaries, and Our/ Their officers, Directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with
(a) your access to or use of Our Service or Content; (b) your violation of these Terms; (c) your User Content; (d) your interaction with any User; (e) reliance on any information exchanged via the Service, or (f) creation of a Profile; (g) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (h) any claim that you or your Content caused damage to a third party. We alone shall have the right to control all defence and settlement activities.
25. Data Protection:
25.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of the UKGDPR (General Data Protection Regulations) and your rights under the GDPR, and any other applicable Data Regulations current in the UK.
25.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at the footer of our App.
26. Severability:
26.1 These Terms are intended to govern the agreement between Us and You to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
27. Force Majeure:
27.1 For the purposes of this Agreement "Force Majeure Event" means, in relation to either party, any circumstances beyond the reasonable control of that party including, without limitation, any strike, lock-out or other form of industrial action, shortage of components or raw materials, lack, interruption or failure of any utility service, or lack of available facilities, non-performance by suppliers or subcontractors, collapse of buildings, fire, explosion, accident, acts of God, storm, flood, drought, earthquake, epidemic, public health lockdown, pandemic or other natural physical disaster, terrorist attack, civil commotion or riots, war, civil war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, lack of public transport or road or public access blockage;
27.2 If any Force Majeure Event occurs in relation to either party which affects or may affect the performance of any of its obligations under this Agreement, it shall forthwith notify the other party as to the nature and extent of the circumstances in question and use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations;
27.3 Provided that it has complied with the conditions laid out in this agreement, neither Party shall be deemed to be in breach of this Agreement or shall otherwise be liable to other by reason of any delay in performance or the non-performance of any of its obligations under this Agreement to the extent that performance of 12that obligation is prevented hindered or delayed by a Force Majeure Event of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
27.4 If the performance by either Party of any of its obligations under this Agreement is prevented hindered or delayed by a Force Majeure Event for a continuous period in excess of 1 month, either Party shall be entitled to terminate this Agreement forthwith by giving 1 days' written notice to the affected party.
28. Changes to these Terms:
28.1 We reserve the right to amend or otherwise change these Terms of Use at any time. Any such changes will be given to you by way of a Notice. You will then have the option to accept those terms or disengage from Our Services.
29. Entire Agreement:
29.1 These Terms constitute the entire and exclusive understanding and agreement between You and Us regarding the Service. These Terms supersede and replace any and all prior oral or written understandings or agreements.
29.2 The Applicant/ User hereby agrees that they have taken or have had the opportunity to take independent legal advice before entering into this agreement.
30. Choice of Law and Jurisdiction:
30.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of England & Wales. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Committee is a trading name of Burki Group Limited, which is registered with the Financial Conduct Authority (FCA) under Firm Reference Number 1037058. Burki Group Limited is acting as an agent of Finexer Ltd, which is authorised and regulated by the FCA under the Payment Services Regulations 2017 (Firm Reference Number: 925695) as an Authorised Payment Institution. This relationship enables Committee to securely provide payment initiation and account information services.
