MIC TANZANIA LIMITED TERMS AND CONDITIONS FOR USE OF TIGO PESA SERVICES
These terms and conditions apply to MIC Tanzania Limited (hereinafter referred to as “Tigo” which expression shall where the context so admit include assignees and successors in title) Subscribers’ who use Tigo Pesa services. Upon subscription to the Tigo Pesa services a subscriber is simultaneously agreeing to these terms and conditions.
1.1 "Account" means a Mobile Money account, which is the record of a Subscriber’s E-Money maintained and administered by Tigo.
1.2 "Agent (s)" means a person(s) registered or authorized by Tigo to provide cash-in and cash-out services.
1.3 "Agreement" means these terms and conditions.
1.4 “Cash” means Tanzania shillings.
1.5 “Cash-in” Converting cash for e-value
1.6 “Cash-out” Converting e-value for cash
1.7 “Cellphone” means the mobile device used to access the Services.
1.8 "Credit Balance" means the amount of E-Money in a Subscriber’s Account
1.9 "Debit" means the transfer of E-Money out of a Subscriber’s Account.
1.10 "E-Money" means the electronic money issued by Tigo.
1.11 “Mobile Money” means electronic money which can accessed through mobile devices
1.12 "Mobile Money Services" means the money transfer services offered by Tigo.
1.13 "MSISDN" means Tigo mobile number.
1.14 "Payee" means any person who is the recipient of E-Money.
1.15 "PIN" means Personal Identification Number, a secret code used to access a Subscriber’s Account.
1.16 “Tigopesa Service (s)” means the services provided by Tigo for the issue and redemption of E-Money and the transfer of E-Money between Customers on the basis of Transfer Instructions including the recording of all Transactions, verifying and confirming all Transactions concluded and updating Customer Account records;
1.17 "SIM Card" means the subscriber identity module which when used with the appropriate Mobile Equipment enables you to use the Tigopesa Services;
1.18 "SMS" means a Short Message Services.
1.19 “Subscriber (s)” means any person who is a holder of a Tigo mobile number whether as prepaid, hybrid or postpaid.
1.20 “Tigo” means MIC Tanzania Limited.
1.21 “Transaction” means individual activity done by e-money user
1.22 “USSD Menu” means unstructured supplementary service data menu on the Subscriber’s Cellphone.
1.23 “Tigo” means MIC Tanzania Limited.
2. USE OF TIGO PESA SERVICE
Any Tigo Subscriber with an Active SIM Card may subscribe to use the Service.
3. COMMENCEMENT AND TERM
These terms and conditions shall apply to the Subscriber immediately upon subscription to the Service and shall continue during the pendency of the licence granted to the company and any renewal thereof unless terminated by either party according to the terms and conditions herein.
4.1 All charges and tariffs on the Services are subject to applicable taxes.
4.2 Tigo reserves the right to vary the charges and tariffs at its discretion and without notice to the Subscriber.
4.3 Where applicable, the charges shall be subject to foreign currency fluctuations.
5. USE OF THE SERVICE
5.1.1 The Subscriber may perform the following Transactions;
220.127.116.11 Send E-Money to another registered Subscriber;
18.104.22.168 Send E-Money to an unregistered Subscriber;
22.214.171.124 Buy prepaid airtime from Tigo with E-Money;
126.96.36.199 Send and Receive E-Money to/from an account held with a registered bank;
5.1.2 Tigo reserves the right to add or reduce the use of the Service;
5.1.3 The Subscriber will not be able to effect any transactions in the event that the Subscriber does not have sufficient E-Money to meet the value of the transaction plus fees applicable thereto.
5.1.4 It is the Subscriber’s responsibility to ensure the correctness of the Payees details and the amount of transfer before effecting a transaction. Tigo shall not be liable to reimburse the subscriber for wrong Transactions.
5.1.5 Transactions are subject to limits set and published by Tigo from time to time. Any Transaction exceeding the set limit shall not be processed.
5.1.6 The amount to be held in the Account ant any particular time shall be subject to the limit set by Tigo.
5.1.7 The Subscriber may obtain a statement of Account using the Tigo USSD Menu at an applicable fee.
6. SECURITY MEASURES
6.1 The Subscriber will use a PIN to access their Account.
6.2 The Subscriber shall be responsible for the safe keeping of their PIN.
6.3 Where a Subscriber enters a wrong PIN, the Subscriber shall be given three attempts to enter a correct PIN failure of which the Subscriber’s Account shall be deactivated. To re-activate a deactivated Account, the Subscriber will have to contact the Tigo customer care call center.
6.3 Tigo shall not be responsible for any PIN misuse.
7. SUBSCRIBER OBLIGATIONS
7.1 The Subscriber shall be responsible for the accuracy of all information provided to Tigo.
7.2 The Subscriber shall not use the Service to commit any criminal offence.
7.3 The Subscriber shall immediately inform Tigo in the event of damage, loss or theft of SIM Card.
7.4 The Subscriber shall be responsible for all fees and charges including government taxes associated with the use of the Service.
7.5 The Subscriber shall comply with instructions on the use of the Service issues by Tigo from time to time.
8. UNCLAIMED AMOUNTS
Any amounts remaining in the Account unclaimed for more than 5 years, shall be transferred to relevant authorities in accordance with the laws of Tanzania.
Tigo reserves the right to change these terms and conditions at any time and publish such changes. Your use of the Services shall signify your acceptance of the terms and conditions.
10. SUSPENSION OF SERVICES
10.1 Tigo may at any time suspend the Service, in whole or in part and without liability under the following circumstances;
10.1.1 Should Tigo be unable to provide the Service, in whole or in part, whether due to force majeure or otherwise through no fault of its own; or
10.1.2 Should a license or an agreement in terms of which Tigo derives its rights and ability to provide the Service, be suspended, cancelled or terminated; or
10.1.3 Should such suspension of the Service be necessary in order to facilitate any repairs, modification, maintenance, improvement or remedial works in respect of the system; or
10.1.4 Should the Subscriber fail to comply with these terms and conditions; or
10.1.5 Should the Subscriber use equipment that infringes or is alleged to infringe on the intellectual property rights of Tigo or any third party.
10.2 Should the Service be suspended by reason of default of the Subscriber, the Subscriber shall be liable to Tigo for its then applicable connection charges, payable on cessation of the suspension.
11. PRIVACY STATEMENT
11.1 Tigo and all its associated companies are committed to respecting the privacy of the Subscriber’s personal data. To demonstrate Tigo’s commitment, Tigo has created this Privacy Statement in order to communicate its intent to provide effective processes for the appropriate handling of private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.
11.2 Tigo has implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of the Subscriber’s personal information. Tigo shall update and refine these measures on an ongoing basis. Tigo assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Tigo’s control.
11.3 Tigo does not distribute any of the Subscriber’s personal information to third parties unless it's requested by the Subscriber or it’s legally required to do so by a statute. For avoidance of doubt and clarity, Tigo may be obliged to disclose personal information to meet any legal or regulatory requirements of applicable laws.
11.4 Tigo reserves the right to amend or modify this Privacy statement at any time in response to new privacy legislation.
11.5 Monitoring or recording of the Subscriber communications such as calls or SMS's may take place as required by law or for business purposes to the extent permitted by law.
12. GOVERNING LAW
These terms and conditions shall in all aspects be governed by the laws of Tanzania.
13.1 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
13.2 Failure by Tigo to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Tigo in writing.
13.3 These terms and conditions, as varied by Tigo from time to time constitute the sole agreement between the Subscriber and Tigo. Where a specific agreement has been signed between the Subscriber and Tigo which contain similar terms and conditions the provisions of such specific terms and conditions shall take precedent in the event of conflict or inconsistency.
13.4 These terms and conditions shall be read together with the MIC Tanzania Limited Subscriber Terms and Conditions and shall be for the benefit of Tigo and may be waived by Tigo at its discretion.