No Data
 

Vodacom M-Pesa

Terms and Conditions

1 The Agreement

When You complete an Application Form and open an Account, You must know and understand the terms and conditions set out in this document ("Rules") for using Your Account and performing Transactions. You need to read and fully understand each clause set out in these Rules. Remember that You must always adhere to these Rules because these Rules, together with the Application Form, form an Agreement between You and Us in respect of the Services. When You complete the Application Form and apply for an Account, You agree to abide by these Rules.

 

2 What We Mean

2.1 Account means Your E-Money Account, administered by Us;

2.2 Agreement means the Application Form, together with these Rules, which form a legally binding agreement between You and Us;

2.3 Application Form means the application form to which these Rules are attached;

2.4 Banks Act means the Banks Act, 1990;

2.5 Cash means South African rand, being the lawful currency of South Africa;

2.6 Cellphone means the mobile device used by You to use the Services;

2.7 Charges means the charges or amounts You will pay to Us for the use of the Services;

2.8 Credit means the transfer of E-Money into Your Account;

2.9 Customer Call Centre means the Vodacom Customer Call Centre;

2.10 Customer Registration Documents means the documents referred to in the Customer Application, which the Customer is required to provide to the Outlet;

2.11 Debit means the transfer of E-Money out of Your Account;

2.12 Deposit means the cash deposit made by You with Nedbank via an Outlet;

2.13 E- money means the electronic money created and issued by Us (acting as the agent of Nedbank) on the System, which will equate to the Deposits;

2.14 ID Document means either any natural person?s original bar coded South African identity document or valid passport document of a South African resident;

2.15 MSISDN means Your Cellphone?s mobile station identification number;

2.16 Nedbank means Nedbank Limited, registration number 1951/000009/06, acting through its Mobile Money Division, a registered bank incorporated in accordance with the laws of South Africa;

2.17 Outlet means each entity registered by Us to fulfil the functions as set out in these Rules;

2.18 PIN means the personal identification number chosen by You;

2.19 Secret Word means the secret password allocated to You upon activation of Your Account;

2.20 Services means the "Vodacom m-pesa Money Transfer Services" to be offered by Us, which will enable You to perform Transactions;

2.21 SIM means the subscriber identity module that, when used with Your Cellphone, gives You access to the Services;

2.22 SMS means short messaging services;

2.23 South Africa means the Republic of South Africa;

2.24 Start PIN means the 4 (four) digit PIN allocated to You that You must use to activate Your Account;

2.25 System means the electronic money transfer system implemented and used by Us to offer and provide the Services;

2.26 Transactions means one or more of the transactions listed in clause 4.4.1;

2.27 USSD Menu means the unstructured supplementary service data menu on your Cellphone that lists all the Services

2.28 You/Your/Yourself means You, as the holder of Your Account;

2.29 We/Us/Our means Vodacom Payment Services (Proprietary) Limited, registration number 2007/010688/07, a private company incorporated in accordance with the laws of South Africa;

2.30 Vodacom means Vodacom (Proprietary) Limited, registration number 1993/003367/07, a private company incorporated in accordance with the laws of South Africa; and

2.31 Vodacom Subscriber means any active prepaid or contract Vodacom subscriber.

 

3 The Services

3.1 Vodacom, through Us, is providing the Services to the Customers. Certain of these Services are required to be rendered by Nedbank.

3.2 Nedbank has therefore appointed Us as its agent to provide that portion of the Services to Customers, which are required to rendered by a registered and licensed bank. Nedbank is ultimately liable and responsible to You in respect of Your Deposit and in respect of Your E-Money.

 

4 Your Account

4.1 Applying for Your Account

4.1.1 You may open an Account provided that You are an active Vodacom Subscriber and You have completed the Application Form.

4.1.2 You may open an Account with Us at any Outlet in South Africa.

4.1.3 To qualify for the Account, You must

4.1.3.1 be a citizen of South Africa; a permanent or temporary resident of South Africa or a confirmed refugee (to the extent that such status has not been revoked or withdrawn);

4.1.3.2 be 16 (sixteen) years of age or older;

4.1.3.3 complete an Application Form and give the completed Application Form to the Outlet;

4.1.3.4 present Your ID Document as well as a copy of Your ID Document to the Outlet; and

4.1.3.5 provide all of the details and particulars and documentation required in the Application Form to Our satisfaction.

4.1.4 We reserve the right to refuse to open an Account.

4.1.5 You may not have more than one Account with Us.

4.2 Activating Your Account

4.2.1 Once You have completed an Application Form and provided the Outlet with copies of all of the Customer Registration Documents, the Outlet will deliver all of these documents to Us for consideration and registration.

4.2.2 Immediately after We have successfully registered You for the Services, We will provide You with a Start PIN, which You must use to activate Your Account by following the instructions on Your USSD Menu.

4.2.3 Once Your Account has been activated You will (i) be allocated a Secret Word; and (ii) be required to choose a secret PIN, which will entitle You to use the Services with immediate effect.

4.2.4 If You apply for a Premium Account, or upgrade Your Standard Account to a Premium Account, We will notify you within 15 (fifteen) business days whether or not Your application was successful.

4.2.5 You will then be entitled to acquire E-Money by making a Deposit and perform Transactions.

4.3 Using Your Account

4.3.1 If You have a Standard Account You may

4.3.1.1 only have up to a maximum amount of R5,000 (five thousand rand) worth of E-Money in Your Account at any one time.

4.3.1.2 withdraw, transfer or make any payment that together, in aggregate, does not exceed R1,000 (one thousand rand) per day or R1,000 (one thousand rand) in total in any calendar month or more than R13,000 (thirteen thousand rand) in any calendar year.

4.3.2 If You exceed any of these limits, Your Transactions will be declined and Your Account may be restricted or suspended. You must then contact Us immediately to make the necessary arrangements to upgrade Your Account to a Premium Account.

4.3.3 If You have a Premium Account You may -

4.3.3.1 only have up to a maximum amount of R25,000 (twenty five thousand rand) worth of E-Money in Your Account at any one time.

4.3.3.2 withdraw, transfer or make any payment that together, in aggregate, does not exceed R5,000 (five thousand rand) per day or R25,000 (twenty five thousand rand) in total in any calendar month or more than R300,000 (three hundred thousand rand) in any calendar year. If You exceed the limits above, Your Transactions will be declined and Your Account may be restricted or suspended.

4.3.4 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.

4.3.5 You will not earn interest on any E-Money in Your Account.

4.3.6 You undertake to not use Your Account to commit any offence under South African law.

4.3.7 You will notify Us immediately of any change of Your personal details that You gave Us when you opened Your Account and completed the Application Form.

4.3.8 Your Account can not be transferred under any circumstances.

4.4 Doing Transactions on Your Account

4.4.1 You may perform the following Transactions through Your Account, subject to these Rules

4.4.1.1 Exchanging cash for E-Money with Us via an Outlet

4.4.1.2 Exchanging E-Money for cash with Us via an Outlet, which will be paid out in Cash;

4.4.1.3 Transferring E-Money to another Customer;

4.4.1.4 Transferring E-Money to an unregistered customer, which will be paid out to such unregistered customer in Cash; and/or

4.4.1.5 Purchasing prepaid airtime from Vodacom with E-Money.

4.4.2 We reserve the right to add other transactions and functionality to the Services from time to time and We will notify You of such additional transactions and functionalities from time to time through such communications medium as We may determine.

4.4.3 When the Transactions in clause 4.4.1 and 4.4.2 are processed, the System shall Credit or Debit Your Account, as the case may be.

4.4.4 We will verify and confirm all Transactions performed through Your Account by sending You an SMS message. All reports and records generated by the System will be proof of the facts contained in such records and reports, unless the contrary is proved.

4.4.5 In the event that You do not have enough E-Money in Your Account to enable a Transaction and pay the relevant Charges, the Transaction will be declined by Us.

4.4.6 You are responsible for ensuring that the information You provide when performing Transactions is correct. If You provide incorrect information, You will have no claim against Us, Nedbank or Vodacom for any losses or damages suffered.

4.4.7 Any E-Money You have transferred to an unregistered customer that is not claimed by the person it was transferred to within 7 (seven) days, will be automatically cancelled and an SMS message of such cancellation shall be sent to You. The principal amount of E-Money that was not withdrawn will be returned to Your Account. The Charges levied on the original Transaction however will not be returned to You.

4.5 Statements on Your Account

4.5.1 You may obtain a balance on Your Account using the "balance enquiry" function on Your USSD Menu. Please note that no printed or electronic statement will be given to You.

4.5.2 Each Transaction performed by You will be issued with a unique receipt number via SMS message, together with the Transaction confirmation and verification and the latest Account balance.

4.5.3 The receipt number sent to You (as contemplated in clause 4.5.2 above) must be kept by You and shall be used to track and/or identify all Transactions effected from Your Account.

 

5 Closing or Suspension of Your Account

5.1 We will close Your Account on receiving a written request from You to do so.

5.2 We may at any time close or restrict access to Your Account with no notice to You if

5.2.1 You in any manner perform any Transaction above the limits for Your type of Account;

5.2.2 We suspect fraud on Your Account, or if South African law requires Us to do so;

5.2.3 We become aware, or have reason to believe, that Your Cellphone, SIM 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;

5.2.4 We become aware that any of Your registration information (as contained in Customer Application) on record is incorrect or incomplete;

5.2.5 We believe that You are in breach of these Rules or are trying to compromise Our System or are unreasonably interfering with any Services provided by Us;

5.2.6 You open, or try to open, more than 1 (one) Account;

5.2.7 You have not performed any Transaction for a period of 90 (ninety) days and Your Account balance is R10,000 (ten thousand rand) or less. 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 (twelve) months, We may, in Our discretion, close Your Account;

5.2.8 You have not performed any Transaction for a period of 90 (ninety) days and Your Account balance is more than R10,000 (ten thousand rand). We will then monitor Your Account for a further period of 90 (ninety) days. If You have still not performed any Transactions through Your Account after the expiry of such further period of 90 (ninety) days, We may, in Our discretion, start such proceedings as may be necessary to close Your Account;

5.2.9 You cease to be a Vodacom Subscriber;

5.2.10 You die; or a court order is granted; or a statutory instruction from a regulator or law enforcement agency is given requiring Us to do so.

5.3 Any Credit balances in the Account will be repaid ?

5.3.1 to You in cash upon You presenting Yourself in person with satisfactory proof of identity at any one of the Customer Call Centres; or

5.3.2 in the event that You die, to the executor of Your estate.

5.4 We will not be responsible to You for any direct, indirect or consequential or special damages arising from any act or omission by Us, Nedbank, Vodacom, or any third party for whom we are responsible, whether arising in contract, delict or statute if we close, restrict or suspend Your Account in terms of this clause 5.

 

6 Security and Unauthorised Use

6.1 You are at all times responsible for keeping Your Start PIN, PIN and Secret Word safe, including when using it on Your Cellphone, and You must not tell anyone Your Start PIN or PIN. This includes but is not limited to staff of the Customer Call Centre, Outlets and their staff, Nedbank and their staff and/or Vodacom and their staff. You may only tell a Customer Call Centre operator Your Secret Word, when You use the Customer Call Centre.

6.2 You must tell Us immediately, by calling the Customer Call Centre, when You discover that Your Cellphone and/or SIM card is lost or stolen. As soon as possible after You have notified Us that Your Cellphone and/or SIM card is lost or stolen, We shall suspend Your Account.

6.3 Any delay in notifying Us will be considered negligence on Your part and neither Us, Nedbank nor Vodacom shall be liable for any losses incurred or suffered by You as a result of Your negligence.

6.4 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 Us and You indemnify Us, Vodacom and Nedbank, in full, against any claims made in respect of such Transactions.

6.5 Your Account will be only be reactivated once Your SIM has been replaced or after, upon written request from You ,Your Account has been transferred to a new Vodacom number.

6.6 Any Transaction requiring the use of Your PIN is considered by Us to have been allowed by You.

 

7 Fees and Charges

7.1 You pay Charges when You perform Transactions on Your Account. A list of these Charges is available at any Outlet.

7.2 We are from time to time allowed to revise these Charges and a list the then-current Charges will at all times be available at any Outlet, or You can gain access to these Charges by calling the Customer Call Centre or by accessing the website online at www.vodacom.co.za.

7.3 Once Your Account has been activated, You will be liable to pay Us for all Charges incurred by You in using the Services.

7.4 Any Charges will be deducted directly from Your Account on conclusion of each Transaction without further notice to You.

7.5 You will pay a SIM card replacement fee if Your SIM is lost, damaged or stolen.

 

8 Unforeseen Events

We are not responsible for any loss arising from any failure, malfunction or delay in banking channels and networks, Cellphone networks, Cellphones, the internet or terminals, or any of its supporting networks, resulting from circumstances beyond Our control.

 

9 Getting Help

9.1 The Secret Word allocated to You will be used to identify You as being the rightful owner of Your Account when making any queries in respect of Your Account with the Customer Call Centre.

9.2 You may call the Customer Call Centre on 082 241 5001 If You want to do any of the following

9.2.1 receive a full listing of Outlets;

9.2.2 query Your Account;

9.2.3 query any Transactions performed through Your Account;

9.2.4 have a problem on Your Account or with the Service;

9.2.5 lodge a complaint; and/or

9.2.6 require further information regarding the Services.

9.3 Nedbank is a member of the Banking Association of South Africa and is subject to the jurisdiction of the Ombudsman for Banking Services ("Ombud"). If You are not satisfied with the outcome of a complaint You are welcome to make use of the services of the Ombud.

9.4 The contact details of the Ombud are

9.4.1 Telephone number 0860 800 900;

9.4.2 Email info@obssa.co.za;

9.4.3 Website www.obssa.co.za.

 

10 Consents

10.1 You consent that we may disclose and/or receive personal information, communications or documents about You

10.1.1 to and/from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud.

10.1.2 to Our legal advisors, financial advisors or auditors, or to the applicable court in connection with any legal or other proceedings.

10.1.3 to Vodacom and its subsidiaries who will process Your personal information to market and sell its products and services, including Financial Services, to You.

10.2 You agree that all of Your information, including personal information, Your telephone conversations with Our Customer Call Centre and Your Transactions will be recorded and stored for record keeping purposes from the date on which Your Account is closed.

10.3 You consent that all communication may be monitored or recorded by Us in accordance with the laws of South Africa, for use in business practices, prevention of unauthorised use of Our telecommunications systems, the System, and in respect of the detection and prevention of crime.

 

11 Addresses for Notices

11.1 The street address that You give Us 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 must let Us know in writing when You change Your address.

11.2 Once we have sent a notice we will take it that You have received it within these periods

11.2.1 7 (seven) days after posting the notice;

11.2.2 On the same day if the notice is delivered by hand;

11.2.3 At the same time if the notice is sent by fax.

11.3 You have the right to send any legal notice to Us at Our chosen address, being: Vodacom Corporate Park, 082 Vodacom Boulevard, Vodavalley, Midrand, marked for the attention of The Chief Legal Officer.

11.4 Notwithstanding anything to the contrary above, we shall be entitled to send any information to You via SMS message 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.

 

12 Liability

12.1 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.

12.2 The Outlets are independent outlets authorised by Us to provide Services and are not in partnership with Us. You acknowledge that the Outlet represents You when accepting (i) any payments in respect of any Purchase made by You; and (ii) Credit Transactions from, or in respect of, You. We do not bear any responsibility or liability whatsoever for any wilful or negligent acts or omissions on the part of the Outlets in providing the Services.

12.3 You accept that You use the Services at Your own risk. Neither Us, Vodacom, Nedbank, nor any third party shall be liable for any loss of whatsoever nature and howsoever arising suffered by You, whether arising in contract, delict, statute or otherwise, unless it is directly caused by Our gross negligence or wilful default. Liability for any such act shall be limited to the amount of the loss that a reasonable person, in Your position, would have suffered. For the avoidance of doubt, any such loss shall exclude indirect, special and/or consequential losses and/or damages.

12.4 In the event that Vodacom is compelled to change or reassign Your telecommunications numbering to meet any regulatory requirements, or for any other reason, Vodacom'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.

 

13 Changes

13.1 We may at any time amend these Rules by giving You reasonable notice of such amendment. Any amendment will not constitute a renewal of this Agreement.

13.2 You may not change any of the Rules.

13.3 We may at any time amend or introduce new Charges for the use of the Account. We shall, however, give You reasonable notice when this happens.

14 General

14.1 All copyright, trademarks and other intellectual property rights used in connection with the Services, the System, or contained in Our documents are owned either by Us, Vodacom or Nedbank or their licensors and You agree that You acquire no rights thereto.

14.2 You agree that we may sue You in a magistrate court even if Our claim against You exceeds its jurisdiction.

14.3 You must pay all expenses incurred by Us in recovering any amounts owed by You to Us, including legal fees (as between attorney and client), collection fees and tracing fees.

14.4 Any favour or concession we may give You will not affect any of Our rights against You.

14.5 You must immediately tell Us if You are under an administration order, are sequestrated or have any other form of legal incapacity.

14.6 A certificate signed by any of Our managers (whose appointment need not be proved) as to the amount You owe Us will in legal proceedings be sufficient proof of the facts, unless You can prove it is wrong.

14.7 These Rules are governed in all respects by the laws of South Africa.