TERMS AND CONDITIONS
This Agreement contains directives governing the application of the Tigo Pesa cash loan service named as Nivushe Plus, the acceptance of which constitutes a binding contract between the Customer and Tigo Pesa.. These terms and conditions shall apply to the customer immediately upon subscription of the services and shall continue during the pendency of the company providing this service and any renewal thereof unless terminated by either party according to the terms and conditions herein.
2.1. “Agreement” means these Terms and Conditions and any orders or any other specific terms (such as a quote or purchase order) applicable to the Services.
2.2. “Credit Reference Bureau” means a credit reference bureau duly licensed under the Bank of Tanzania Act, 2006 pursuant to the Bank of Tanzania (Credit Reference Bureau) Regulations, 2012 to, amongst others, to collect and facilitate the sharing of customer credit information.
2.3. “Fees” means all the Fees applicable for the Services and include all: An interest rate, a late penalty fee, and any other Fees for the loan as communicated from time to time in accordance with this Agreement and includes any charges, and applicable taxes thereon under the laws of Tanzania.
2.1. “Grace Period” means a specified period of time during which customers are exempt from incurring late penalty fees for loan repayments after the due date. The Grace period for the service is defined as a period of 48 hours from the due date of the loan repayment. During this time, no late penalty fees will be charged
2.2. “Know Your Customer” also known as KYC refers to the customer due diligence obligations imposed on Tigo Pesa by relevant laws and regulations and as may be prescribed or recommended by the Government, Tanzania Communications Regulatory Authority (TCRA) or the Bank of Tanzania (BOT) from time to time or any other relevant authority.
2.3. “Nivushe Plus” means a loan service provided by Tigo Pesa, giving you (the Customer) the loan value directly to your Tigo Pesa Account.
2.4. “Tigo” means MIC Tanzania Limited Company incorporated in Tanzania as a limited liability company under the Companies Act (Cap 486 of the Laws of Tanzania).
2.5. “Tigo Pesa Service” means the money transfer and payments service provided by Tigo through the Tigo Pesa System.
2.6. “Tigo Pesa System” means the system operated by Tigo Pesa in Tanzania for the provision of Tigo Pesa Service using the Network.
2.7. “Tigo Pesa” means your mobile money store of value, being the record maintained by Tigo of the amount of money from time to time held by you in the Tigo Pesa System.
2.8. “Tigo Pesa Subscriber” means any person registered to use the Tigo Pesa System to send, receive money, or make payments or carry out any financial services offered by Tigo Pesa in partnership with a financial institutions. Tigo Pesa Subscriber is interchangeably used with Tigo Pesa Customer or simply Customer.
2.9. “Personal Information” means any information relating to an identified or identifiable natural person and an identifiable person is one who can be identified, directly or indirectly in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
2.10.“Service Provider” means the organization that will provide the Service to the Customer.
2.11.“Service” means Nivushe Plus loan facility.
2.12.“Late Penalty Fee” is a charge to a user 48 hours after due date due to late payment of their outstanding loan
2.13.“Total Repayment Amount” is the total sum of the user’s principle loan , interest and late penalty fee for delay repayment
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1. Before registering for the Service, you (the Customer) should carefully read and understand these Terms and Conditions as they govern the access, use and operation of the Service. These Terms and Conditions Use are available on Tigo’s website.
3.2. If you do not agree with these Terms and Conditions please click the “Decline” function/option.
3.3. You will be deemed to have read, understood and accepted these Terms and Conditions upon clicking on the “Accept” function/option requesting you to confirm that you have read, understood and agreed to abide by these Terms and Conditions; and or by using or continuing to use and requesting for the Service.
4. REGISTERING AND USING THE SERVICE
4.1.1. Only Tigo Pesa Customers with active Tigo Pesa accounts will be eligible for Service.
4.1.2. Only Tigo Pesa Customers who have been active and transacting with Tigo Pesa for more than one year will be eligible for the Service.
4.1.1. The Service will be given only to numbers which are biometrically registered.
4.1.2. The Service will be given to Customers who are credit worthy.
4.1.3. Credit worthiness will be determined and decided by Tigo Pesa in accordance with the set criteria.
4.2. Provision of the Service will base on a score provided by Tigo Pesa on a real-time basis.
4.3. Customer scoring for the Service amount will be updated from time to time depending on the Customer activity.
4.4. Customer scoring will base on Customer transactions in Tigo Pesa and Tigo activity.
4.5. Based on Customer performance on Tigo Pesa and Nivushe Plus activity, a loan amount limit might increase or decrease. Positive performance will result to a growth in the Service loan amount limits. Negative performance will result in reduction of Service loan amount limits or outright revocation of the limits.
4.6. Customer won’t be able to utilize the Service above his/her allocated amount limit.
4.7. From Day 0 – 30 there will be No Auto-Deduction on the Customer Tigo Pesa Wallet, and the Customer may choose to repay on their own on those days.
4.8. During Grace period the Customer will be required to repay their outstanding loan amount themselves (manually). During this time, no additional charges, such as late penalty fees etc. will be added on your loan amount. Failure to manually repay your loan amount after the Grace Period will incur additional charges mentioned above in this clause.
4.9. After Grace period there will be Auto-Deduction of outstanding loan amount and late penalty fee on the Customer’s Tigo Pesa Wallet.
4.10. A Late Penalty Fee will be charged if you fail to repay the Total Repayment Amount in full after the end of Grace Period.
4.11. Upon application of the Service you will receive a confirmation message.
4.12. If you are not qualified for the Service you must continue to transact on Tigo Pesa in order to build a transaction history and enhance your credit score (credit worthiness) in order to be eligible.
4.13. You may check your allocated Service loan amount using the appropriate menu option provided on your equipment through Tigo Pesa Menu and Tigo Pesa App and any other channel.
4.14. We may from time to time prescribe the minimum and maximum loan amount you may be able to get on the Service; such loan amount will be communicated to you through SMS, Tigo Pesa Menu and Tigo Pesa App, upon request.
4.15. The Service loan amount is subjected to review from time to time and Tigo Pesa reserves the right to vary your Service loan amount with or without notification; though (it’s not Tigo Pesa’s obligation) Tigo Pesa shall try to notify you of any variation to the Service loan amount when deemed necessary.
4.16. Tigo Pesa and the Service Provider may exchange any of your Personal information held by them in respect of provision of the Service. Such Personal information includes information that will enable Tigo Pesa and the Service Provider to identify you and comply with regulatory “know your customer” requirements.
5. LOAN REQUEST
When you apply for a loan, Tigo Pesa will give you the following information:
5.1. The amount you decide to borrow (“Loan Amount / Loan”).
5.2. The total length of the loan calculated from the day that the loan is made available to you (“Loan Term”).
5.3. The total fees will be displayed to you on the screen as “Fees” and “Fee” % (percentage).
5.4. The date or dates by which you need to pay back the full Loan Amount or a portion thereof depending on whether your Loan repayment is once-off or in multi-instalments (“Due Date/s”).
5.5. The fee for not paying the repayment amount by the Due Date (“Late Payment Fee”) if applicable.
5.6. You will never be charged a Fee higher than what was quoted in your loan application for any period during which the Loan Amount remains outstanding.
6. LOAN PAYMENT
6.1. Important notice: by accepting these Product Terms and Conditions you agree that Tigo Pesa may allow the Service Provider to automatically debit your Tigo Pesa account on the Due Date with the Repayment Amount.
6.2. A Late Payment Fee will be charged if you fail to repay the Repayment Amount in full within 2 days after the commencement of the Due Date.
6.3. If any part of the Repayment Amount remains unpaid after its Due Date, any funds deposited into your Tigo Pesa account may be deducted until the Repayment Amount has been paid in full. With the consent above, you agree that Tigo Pesa may deduct:
6.3.1. the Late Payment Fee, and then
6.3.2. the arrears (outstanding balance) of the Repayment Amount at any point.
7. FEES AND CHARGES
7.1. You are responsible for the payment of all applicable interest and fees for the use of the Service.
7.2. All Interest and Fees are deducted at source and are subject to change at any time at our sole discretion.
7.3. Interest and Fees payable under the Service will be deducted from your Tigo Pesa Account. You shall pay to Tigo Pesa and hereby accept that Tigo Pesa is entitled to deducted from your Tigo Pesa Account (without reference to you) any transaction Interest and Fees payable in respect of the Service.
7.4. Except notified, fees are inclusive of all applicable taxes inclusive of Value Added Tax, Excise Duty and any other taxes including levy where applicable at the prevailing rate. You hereby agree to pay all Applicable Fees.
7.5. All repayments are inclusive any taxes payable as required by the United Republic of Tanzania.
7.6. You hereby irrevocably grant Tigo Pesa the permission to revise the Fees upon any changes to taxes applicable.
8.1. At any time after Default has occurred, Tigo Pesa has the right to:
8.1.1. at any time, upon notice to you, terminate or vary the business relationship with you and Tigo Pesa may terminate the Service which it has granted and required the repayment of outstanding loan amount resulting from this within a timeframe it has determined.
8.1.2. submit such information (i.e., Event of Default) to Credit Reference Bureaus as when needed or in line with applicable laws or any other regulatory body.
Your Service loan amount and Tigo Pesa continued approval of your requests for a loan will be determined by your credit score. Your credit score will be assessed based on various matters including the information obtained from your use of Tigo and Tigo Pesa Services and repayment history on your existing Nivushe Plus limit.
10. YOUR INFORMATION USAGE
10.1. Tigo Pesa and the Service Provider will only use your Personal Information as set out in the applicable law.
10.1.1. When you accept the Terms and Conditions, you agree that Personal information may be used to assess if we can offer the loan amount to you. It specifically includes your mobile phone number, your name and surname, date of birth, identity or passport number and all information about your Tigo Mobile Money Account and how you use it and the information in your application for the Service.
10.1.2. You also agree and allow Tigo Pesa to get, give out, record and or use your Personal Information and information on your use of the Service. This includes sharing this information with Credit Reference Bureau to (amongst others) conducting credit checks or reporting to the Credit Reference Bureau as may be market custom or required by law and other third party, including the Service Provider, as may be authorized under applicable laws.
10.2. You hereby expressly consent and authorize Tigo Pesa to disclose, receive, record or utilize your personal information or information or data relating to your Tigo Pesa Account and other Tigo Services with respect to the loan granted under the Service and any details of your use of the Services:
10.2.1. For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
10.2.2. In business practices including but not limited to quality control, training and ensuring effective systems operation.
10.2.3. You authorize Tigo Pesa to disclose any information relating to your Tigo Pesa Account to any local or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of any country and as we may deem necessary.
10.3. You authorize us to disclose, respond, advise exchange, and communicate the details or information pertaining to your Tigo Pesa Account and or your loan details to third parties involved in the administration of your Tigo Pesa Account and Facilities, updating of databases, or provision of user support.
11. TERMINATION, CHANGES AND SUSPENSION
11.1. Tigo Pesa may at any time, terminate or vary the business relationship with you and suspend or discontinue your registration and or access to the Service:
11.1.1. If you use the Service for unauthorized purposes or where Tigo Pesa detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Service.
11.1.2. If your Tigo Pesa Account or agreement with Tigo or Tigo Pesa is terminated for whatever reason.
11.1.3. If Tigo Pesa is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator, or other competent authority to that effect or necessitating it.
11.1.4. If Tigo Pesa reasonably suspect or believe that you are in breach of these Terms and Conditions (including non- payment of any amount due from you where applicable).
11.1.5. Where your Tigo Pesa Account becomes inactive or dormant or is deemed recycled.
11.1.6. If Tigo Pesa decides to suspend or cease provision of the Service for commercial reasons or for any other reason as Tigo Pesa may determine.
11.2. You may cancel registration for the Service at any time through your device.However, you shall not cancel registration if you have an outstanding and unpaid Loan, Overdue Amount or unpaid Fees.
11.3. Termination shall not affect any accrued rights and liabilities of either party and, in particular, shall not affect your obligations to meet any liabilities incurred prior to such termination.
11.4. Tigo Pesa may terminate the relationship with you and suspend your access to the Service if you fail to repay the loan in full together with any outstanding Fees within the loan term.
12. CHANGES AND UPDATES
12.1. Tigo Pesa may add, update or change these Terms and Conditions any time at its discretion.
12.2. Tigo Pesa may amend Fees and charges or add/reduce existing Fees and charges at any time; as a direct result of new legislation, statutory instrument, Government regulations or licenses, imposition, or alteration of government tax or as a result of any review of Tigo Pesa business planning, changes within the industry, recommendations from regulatory bodies or for such other reason as it may in its sole discretion determine.
12.3. Tigo Pesa will try to let you know in advance if it amends these Terms and Conditions. The type of notice that Tigo Pesa will give you will follow the necessary channels that apply and are available at that time. (For example, Tigo Pesa may notify you by telephone (including recorded message or text SMS) or by an advertisement in daily or weekly newspaper or on its website or social media or any other means). The changes may occur before or after the notification about them. You are further advised to visit Tigo Pesa website from time to time to view the changes in case for unforseen reasons you may not have received the updates notification.
13. DUTY TO SAFEGUARD YOUR SENSITIVE INFORMATION
You agree that you will be solely responsible for the safekeeping and proper use of your own mobile device and for keeping your Tigo Pesa PIN used to operate your account secret and secure. You will ensure that your Tigo Pesa PIN does not become known or come into possession of any other person without your permission. Tigo Pesa will not be liable if you share your Tigo Pesa PIN with anyone else and it results in any losses for you.
14. NO LIABILITY
Tigo Pesa or partner Service Provider will not be responsible for any loss or damage, caused by or related to your application for or your use of the Service.
If a duly appointed arbitrator, court, or administrative body (with jurisdiction) finds any provision of these Terms and Conditions invalid or unenforceable, this will not affect the rest of the provisions.
16. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of Tanzanaia and any dispute or differences arising out of or in connection with this Service shall be subject to the exclusive jurisdiction of the courts of Tanzania.
17. COMPLAINTS & RESOLUTION PROCESS
17.1. In cases of any assistance from Tigo, you may Call 100 (Customer Care). For more details on transaction reversal, visit http://www.tigo.co.tz/tigo-pesa/self-care.
17.2. In cases where the customer care is unable to assist you and you need further assistance, you may escalate to firstname.lastname@example.org mentioning in detail the nature of the complaint including when and where it happened.
17.3.In cases where you are not satisfied with the overall Experience with Tigo or the issue is still unresolved after intervention from Tigo Management, you are advised to contact Tanzania Communication Regulatory Authority (TCRA) or Bank of Tanzania (BOT)