Customer Terms and Conditions

Customer Terms and Conditions

ECONET WIRELESS (PRIVATE) LIMITED

EcoCash
Customer Terms and Conditions
When You complete an application form and open an EcoCash account for Mobile Money Transfers, You must know and fully understand the terms and conditions (Rules) set out in this document.
Please read and fully understand each clause set out in these rules.
Please note that when You complete and sign the application You agree to abide and be bound by these Rules, together with the general Econet Subscriber Terms and Conditions, in respect of the Mobile Money Transfer (MMT) services.

A.    WHAT WE MEAN

  1. Account means Your EcoCash account administered by Econet.
  2. Agreement means the Application form together with these rules, which form a legally binding agreement between You and Us.
  3. Application form means the application form issued by a registered Econet Agent. These rules are attached to the application form.
  4. Cash means the United States Dollar (USD). Econet will announce if there is a change in currency in use by EcoCash.
  5. Charges mean the fee You will pay for using the EcoCash Mobile Money Transfer services.
  6. Credit means the transfer of E-money into Your account.
  7. Debit means the transfer of E-money out of Your account.
  8. Customer call centre means the Econet customer call centre
  9. Deposit means the cash Deposit You make at the appointed EcoCash Agent outlet.
  10. E-money means the electronic money created and issued by EcoCash which will equate to the deposits.
  11. ID means for Zimbabwean nationals a Zimbabwean National Identity card, passport or driver’s licence; and passport with a residence and/or work permit for foreigners.
  12. MSISDN means Your cellphone’s mobile station identification number.
  13. MVTMS means the Mobile Value Transfer Management System.
  14. Outlet/Agent means each entity registered by EcoCash to fulfil functions of Mobile Money Transfer.
  15. PIN means the Personal Identification Number chosen by You.
  16. Secret password means the secret password allocated to You upon activation of your account.
  17. Services mean the Econet EcoCash Mobile Money Transfer Services to be offered through EcoCash which will enable You to perform transactions.
  18. SMS means short message services.
  19. Start PIN means the 4 digit PIN allocated to You that you must use to activate Your account and which you will always use when making money transfers through your cell phone.
  20. Transactions mean one or more of the transactions listed in clause 4 below.
  21. USSD means the Unstructured Supplementary Service Data menu on Your cellphone that lists all the services.
  22. You/Your/ Yourself means You as the holder of the account.
  23. We/ Us/Our means Econet, Bank or any Econet outlet.
  24. Econet Subscriber means any prepaid or contract Econet subscriber.

B.   YOUR ACCOUNT

1    APPLYING FOR AN ACCOUNT
1.1    You may open an EcoCash Account provided that You have an Econet line and have completed the form.
1.2    You may open an account at any Econet branded shop or Appointed Agency.
1.3    To qualify for an account You must:
    1.3.1    Be above 16 years of age; and
    1.3.2    Complete an application form and give the completed application form to any appointed EcoCash Agent; and    
    1.3.3    Present Your original ID and copy of it to the Agent; and
    1.3.4    Provide all of the details and particulars and documentation required in the Application Form to Econet satisfaction.
1.4    Econet reserves the right to refuse to open an account
1.5    You may not have more than 3 (three) EcoCash accounts.
        
2   ACTIVATING YOUR ACCOUNT
2.1     Your account is activated once You fill in the form and provide a copy of Your ID for registration.
2.2    Immediately after registering You for the service, You will be provided with a Start PIN which You must use to activate the account by following the instructions on the EcoCash menu.
2.3    Once Your account is activated You will (i) be allocated a secret word and (ii) be required to choose a PIN, which will entitle You to use EcoCash services with immediate effect.
2.4    You can then buy E-money that will be credited to Your Account by making a cash payment to the Agent, after which You will be able to perform money transfer transactions using Your cellphone.

3.   USING YOUR ACCOUNT
3.1    If You have an EcoCash account You may transact within limits approved by regulatory authorities from time to time as follows:
   3.1.1    Transaction Limit
   3.1.2    Daily transactions limit
   3.1.3    Monthly Limit
3.2    If You attempt to exceed the limit Your account may be viewed with suspicion and suspended or closed as set out in clause 6 below.
3.3    You may not operate Your account on behalf of others and You must be and remain the sole owner of all E-money in Your account.
3.4    Your account cannot be transferred to another Econet Subscriber under any circumstances.
3.5    Your E-money balance does not earn interest.
3.6    You undertake not to use Your account to commit any offence under the Zimbabwe law. Should it come to Econet’s attention that any such offence has been committed by You your account will be closed or suspended as set out in clause 6.
3.7    You shall immediately notify Econet Wireless of any change of personal details that
        You gave us when You opened Your account and completed the application form.

4    DOING TRANSACTIONS ON YOUR ACCOUNT
4.1    You may perform the following EcoCash transactions with us using the following channels:
   4.1.1    Exchanging cash for E-money at an appointed EcoCash Agent; and/or
   4.1.2    Exchanging E-money for cash (cash withdrawal) at an appointed EcoCash Agent; and/or  
   4.1.3    Transferring E-money to another registered customer’s mobile phone; and/or
   4.1.4    Transferring E-money to an unregistered customer, who will only be able to withdraw cash at any EcoCash Agent; and/or
   4.1.5    Purchasing prepaid airtime using E-Money; and/or
   4.1.6    Making payments to merchants when purchasing goods or services; and/or
   4.1.7    Paying Bills.
4.2   We reserve the right to add more functions from time to time onto the Services and we will notify You of such additional transactions and functionalities through communications channels, such as but not limited to SMS.
4.3    When the transaction(s) are processed, Your account shall be debited or credited depending on whether You are depositing or withdrawing.
4.4    We will verify and confirm all transactions performed through Your account by sending You an SMS. All reports and records generated by the MVT MS will be proof of the facts contained in such records and reports unless the contrary is proven.
4.5     In the event that You do not have enough E-money to enable a transaction and pay the relevant charges, the Transaction will be declined by us.
4.6     You are responsible for ensuring that the information You provide when doing transactions is correct. If You provide incorrect information You will have no claim against Econet, Partner Banks or any Econet Agency for any losses or damages you may incur.
4.7     Any E-money You have transferred to an unregistered customer that is not claimed within thirty (30) days will be automatically cancelled and an SMS of such a cancellation shall be sent to You. The principal amount of E-money that was not withdrawn will be returned to Your account. However, the original transfer charges levied on the     original transaction will not be returned to You.

5    STATEMENTS ON YOUR ACCOUNT
5.1    You may obtain a balance on Your account using the “Balance Enquiry” function on the USSD menu. Please note that no printed or electronic statements will be given to You.
5.2    Each transaction done by You will be issued with a unique receipt number, via SMS, together with the Transaction confirmation and verification and the latest account     balance.
5.3     The receipt number sent to You must be kept by You and will be used to track and/or identify all Transactions effected on Your account.

6    CLOSING OR SUSPENSION OF ACCOUNT
6.1     We will close Your account upon receiving a written request from you to do so.
6.2     We may at any time close the account or restrict access to Your Account without prior notice to you  if:        
    6.2.1    We suspect fraud on Your account or if we are required to do so by law.
    6.2.2   We become aware or have reason to believe that Your cellphone, SIM card or Your PIN used in relation to Your account is being or has been or is likely to be used in an unauthorised, unlawful, improper, or fraudulent manner, or for any criminal activities.
6.2.    We become aware that any of Your registration information (as contained in customer application form) on record is incorrect or incomplete.
    6.2.4    We believe that You are in breach of these Rules or are trying to compromise Our system or are interfering with any services provided by Us.
    6.2.5    You open or try to open more than 3 accounts.
   6.2.6    You have not performed any transaction for a period of ninety (90) days. We will then be entitled at Our discretion to notify You that we consider Your account as being dormant, and encouraging You to perform transactions through Your Account. Should You not perform transactions for a period of 12 months We may at Our discretion close Your account.
    6.2.7    You have not performed any transaction for a period of 90 days. We will monitor Your account for a further 90 days, and then be entitled at our    discretion to notify You that we consider Your account as being dormant, and encouraging You to perform transactions through your Account. Should You not perform transactions for a period of 6 months We may at Our discretion close Your account.
    6.2.8    You cease to be an Econet subscriber.
    6.2.9    You are declared insolvent, bankrupt or die, or issued with  a Court order or under and/or a regulation or law that requires Us to do so.
6.3     Any credit balances in the account will be repaid under the following circumstances:
    6.3.1    upon presenting Yourself in person with satisfactory proof of identity at any outlet or agency.
    6.3.2    In the event that You die, to the Executor of Your estate.
6.4     We will not be responsible to You for any direct, indirect or consequent or special damages arising from any act or omission by Econet, Partner Banks, or any Econet outlet for which we are responsible whether arising in contract, delict or statute if we close, restrict or suspend Your account in terms of clause 6.

7    SECURITY AND UNAUTHORISED USE
7.1    You are at all times responsible for keeping Your Start PIN, PIN and Secret Word safe, including when using it on Your cellphone. Further, You must not tell anyone Your Start Pin or PIN. This includes, but is not limited, to staff of Econet Customer Call Centre, Outlets and their staff, Partner Banks and their staff and the EcoCash Agencies and their staff. You may only tell a Customer Call Centre operator Your Secret Word. It is Your responsibility to keep Your PIN secret.  Therefore, we shall presume that any transactions done on your account using your PIN are done by you. For that reason, Econet shall not be liable for any loss suffered by You if your PIN is accessed or used by someone else.
7.2  You must tell us immediately by calling the Customer Call Centre, when You discover that Your cellphone and/or SIM card is stolen or lost you must immediately inform Econet by either calling the Customer Call Centre or visiting an Econet service centre. As soon as possible, after You have notified us that Your Cellphone or SIM card is lost or stolen, we shall suspend Your account for purposes of carrying out an investigation.
7.3   Any delay in notifying the Econet Agent will be considered negligence on Your part and neither Econet, Partner Banks nor any Econet Agent shall be liable for any losses incurred or suffered by You should you delay in notifying us of your cellphone and/or SIM card being lost and/or stolen.  
7.4   You will be responsible for all transactions together with all charges in respect of such transactions made before You blocked your SIM card. You cannot claim this money back from Econet, Partner Banks or any Econet Agency. You indemnify Econet, Partner Banks and the Agency in full against any claims made in respect of such transactions.
7.5    Your account will only be reactivated once your SIM has been replaced or after, upon written request from You, Your account has been transferred to a new Econet number.

8    FEES AND CHARGES
8.1    You agree to pay the applicable charges to Us for all the transactions You perform on Your account. A list of these charges is available at any Econet outlet or can be accessed by calling the Econet Customer Call Centre or via our website at www.econet.co.zw.
8.2    We may, by written notice to You and/or by public notice in a widely read local newspaper, vary future Charges and/or by way of SMS, either in whole or in part, with effect from the date specified in such notice.
8.3     Any charges will be deducted directly from Your account on conclusion of each transaction without further notice.
8.4    You will pay a SIM card replacement fee if Your SIM is lost, stolen or damaged.

9    LIMITATION OF LIABILITY
9.1    Without detracting from any other provisions of this Agreement, We shall not be liable to You for any loss or damage, whether direct or consequential in the event that:
   9.1.1 The banking channels, networks, cellphones, internet and/or terminals or supporting networks fail,, malfunction, are interrupted, suspended and/or terminated for whatsoever reason;
    9.1.2    such loss or damage suffered by You, whether arising in contract, delict, statute or otherwise, unless it is directly caused by Our gross negligence, or wilful default. Default for any such act shall be limited to the amount of the loss that a reasonable person in Your position will have suffered, for the avoidance of doubt; any such loss shall exclude indirect, special and/or consequential losses and /or damages.
    9.1.3   We make no representations and give no warranties of whatsoever nature to and in favour of You, whether express or implied in respect of the services.
    9.1.4    9.1.5     In the event that Econet is compelled to change or reassign Your telecommunications numbering to meet any regulatory requirements, or for any other reason, Econet’s liability will be limited to retaining Your account and where possible transferring such account to a new MSISDN, failing which any credit balance will be paid to You in cash.

10    CUSTOMER SERVICE
10.1   The secret word allocated to You will be used to identify You as being the rightful owner of Your account when making any queries with respect to Your account with the call centre.
10.2    You may call the Customer Call Centre on 111 if You want to do any of the following:
     10.2.1    Receive a full list of outlets;
     10.2.2    Query Your account;
     10.2.3    Query any transactions performed through Your account;
     10.2.4    Have a problem on Your account;
     10.2.5    Lodge a complaint; and /or
     10.2.6    Require further information regarding the services.

11.     CONFIDENTIALITY
11.1     The Parties shall keep all knowledge and information acquired or supplied by each to the other in terms of this agreement confidential, with the following exceptions:
     11.1.1     it was in the possession of or known to the receiving party or disclosure thereof  by the disclosing party other than pursuant to a breach by the receiving party of its obligation in terms of this clause; or
      11.1.2     it is or becomes publicly known otherwise than pursuant to breach of its obligation in terms of this clause by the receiving party; or
     11.1.3    the receiving party is required, pursuant to the order of a court of competent jurisdiction or otherwise as authorized by law to disclose such information.
      11.1.4    The obligations of the parties in terms of this clause shall survive any termination of this agreement.
    11.1.5   You agree that all of Your information including personal information, Your telephone conversation with Our customer call centre, and You transactions will be recorded and stored for record keeping purposes form the date on which your account is closed.

12    APPLICABLE LAW AND JURISDICTION
12.1    This agreement shall be governed by, construed or otherwise interpreted in accordance with the laws of Zimbabwe.
12.2    Both You and Us shall comply with all applicable laws and governmental regulations. Neither party is authorised or otherwise expected to take any action in the name of or otherwise on behalf of the other which would violate applicable laws and regulations.
12.3    You submit to the jurisdiction of the Magistrates Court in the event of any dispute leading to litigation arising out of matters in terms of this contract or connected thereto, and in any such event, You, if found liable, shall be obliged to pay Us costs at the legal practitioner-client scale, and any and all other costs and collection commission incidental thereto and so charged

13    ADDRESSES FOR NOTICES
13.1   The street address that You provided on the application form is regarded as Your chosen address where notices may be sent or delivered, and documents in legal proceedings may be served. You shall be entitled to vary your address upon written notice to the other parties.
13.2    The chosen address for Econet for any service of notices or documents in legal proceedings shall be Econet Park, No. 2 Old Mutare Road, Econet Park, Harare, marked for the attention of the Chief Executive Officer.
13.3     Any notice given by one party to the other shall be deemed to have been received within the following periods;
    13.3.1    Seven days after posting the notice; or
    13.3.2    On the same day if the notice is hand-delivered; or
    13.3.3    At the same time if the notice if the notice is sent by fax.

13.4  Notwithstanding anything to the contrary, We shall be entitled to send information to  You via SMS to the contact cellphone number provided by You on the application form for the avoidance of doubt, any such SMS messages sent shall be for information purposes only.

14    CHANGES
14.1   We may at any time amend these rules and will give You reasonable notice of such amendments;     
14.2   You may not change any of the rules. However, you are free to bring in your views for our consideration.
 
15    GENERAL
15.1  All copyright trademarks and other intellectual property rights used in connection with the services, the system or contained in Our documents are owned by Econet, Steward Bank or the Econet outlets and you agree that You acquire no rights thereto.
15.2   No indulgence, leniency or extension of time, which we may give to You shall in any way prejudice Us from exercising any of this right in the future.
15.3   You must immediately tell Us if You are under an administration order, are     sequestrated or have any other form of legal incapacity.
15.4   A certificate signed by any of Our managers (whose appointment need not be proven) as to the amount You owe Us in legal proceedings, be sufficient proof of the facts, unless You can prove it is wrong.