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MIC TANZANIA LIMITED

Tigo Pesa Terms & Condition

These terms and conditions are issued by MIC Tanzania Limited and shall apply to all Tigo Pesa Services subscribers

1. DEFINITIONS

Account: Means MIC’s records of personal details, outstanding charges payable by and payments received from CUSTOMER.

Account Holder: Means the CUSTOMER.

Active: means in relation to a SIM Card that services for which it is enabled are conducted through it on a regular basis.

Activation Date: Means the date on which the CUSTOMER successfully subscribes for the Tigo Pesa Services.

Charges: Means the charges for the use of Tigo Pesa Services as may be prescribed and published by MIC from time to time.

Contract: means the terms and conditions contained herein and as may be amended in writing from time to time by MIC.

Customer: Means a person or entity who successfully subscribes for Tigo Pesa Service. . The term “CUSTOMER” shall include the said subscriber’s personal representatives, successors in title and assigns as well as persons acting with the CUSTOMER’s authority such as agents, servants or employees..

Connection: Means the process through which a CUSTOMER is given access to Tigo Pesa Services through MIC’s network. The terms “Connected”“Disconnected” and “Reconnection” will have corresponding meanings.

MIC: Means MIC TANZANIA LIMITED having its registered office at Derm Complex, Plot No. 11 Block 45A, New Bagamoyo Road, Kijitonyama Area, Dar- es- Saalam.

Mobile Phone: Means a device that can make and receive telephone calls over a radio link whilst moving round a wide geographic area.

Network: Means MIC equipment software and facilities that enable the CUSTOMER using a mobile phone compatible with GSM 900,1800 and 2100 or any other spectrum in use by MIC {provided that it is not SIM locked by another operator} to have access to the Services.

PIN: Means a unique Personal Identification Number used by the CUSTOMER to access Tigo Pesa Services.

Rights: Means copyright trademark and other relevant proprietary and intellectual property rights relating to the content or contained in any software that is required and/or utilized by MIC to operate the Network and to provide the Tigo Pesa Services.

SIM CARD(s): Means the Subscriber Identity Module(s) provided to the CUSTOMER by MIC to enable the CUSTOMER to access and to use the network and related Services.

1. COMMENCEMENT AND TERM

These terms and conditions shall apply to the CUSTOMER immediately upon subscription of the Tigo Pesa Services and shall continue in force at all times the CUSTOMER shall be using Tigo Pesa Services.

2. SUBSCRIPTION TO TIGO PESA SERVICES

The CUSTOMER shall subscribe to the Tigo Pesa Services by registering using a registration form prescribed by MIC and submitting the same to a MIC registration agent or MIC shop/customer service center. The CUSTOMER shall together with the registration form submit a valid form of identification (passport, letter from a village official, voter ID, pension card and employer ID) Only an Active CUSTOMER may subscribe to, and use the Tigo Pesa Service.

2.1 You can only register for Tigo Mobile Financial Services if you are an active Tigo Subscriber.

2.2 Any Tigo Subscriber may register for Tigo Mobile Financial Services with any of Tigo’s Agents in Tanzania.

2.3 Tigo Mobile Financial Service is limited to one account per customer, irrespective of the number of Tigo SIMS held by a customer.

2.4 For purposes of registration, a valid form of identification (passport, letter from a village official, voter ID, pension card and employer ID) and your Tigo Mobile number will be required.

2.5 Registration can take place through any registered Tigo Mobile Financial Service Agent.

3. Transacting

3.1 You must authorize your transactions with a secret PIN which you create when you register or by such other method we may prescribe from time to time.

3.2 Upon activation of a customer account and once a customer has created value on his wallet, he will be able to carry out the following transactions:

3.2.1 Cash deposits through an authorized Tigo Mobile Financial Services agent.

3.2.2 Send Money to another Tigo Registered user and / or mobile subscriber.

3.2.3 Cash out money at a registered Tigo Mobile Financial Service Agent.

3.2.4 Buy Tigo Airtime (or as may be changed in future by MIC Tanzania Ltd).

3.3 The customer can also use the wallet as an instrument for Bill payments and to purchase goods and / or services.

3.4 You can obtain a balance enquiry.

3.5 You can request a mini statement.

3.6 You can change your own PIN.

3.7 MIC shall not accept a transaction if:

3.7.1 A Customer has not yet registered or been authorized or cleared to use Tigo Pesa Services or where such authorization has been withdrawn or suspended;

3.7.2 The Transaction amount requested by the Customer is below the minimum or above the maximum amounts for Tigo Pesa transactions.

3.7.3 The Customer has exceeded the Tigo Pesa daily transaction limit

4. Fees

4.1 Customers are charged for Tigo Mobile Financial Services at the fees published occasionally and updated from time to time on the Tigo Tanzania website.

5. Security and Unauthorized Use

5.1 You are responsible for the safekeeping and proper use of your secret PIN and for all transactions that take place on your wallet with your PIN and you indemnify us against any claims made in respect of such transactions.

5.2 If at any time you believe that your SIM card or PIN has been stolen or compromised, you can call us immediately on 100 (Call Centre no). We will stop your account as soon as we reasonably can. You will remain responsible for all transactions that occur until your account is stopped.

5.3 Should you dispute that any purchase or withdrawal debited to your account was authorized by you, you will have to prove it was not authorized.

6. Closing your Account

6.1 We will close your account on receiving a request from you.

6.2 We can also close your account, restrict activity on your account or suspend access to your account if in any way we know or suspect your account is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the law.

6.3 We can close your account if we believe that you are in breach of these terms and conditions, are trying to compromise our systems or are unreasonably interfering with any services provided by us.

6.4 We may close your account if you do not use your SIM for a consecutive period of 90 days and any electronic money will be transferred to a holding account. A customer will be able to get access to his / her electronic money by presenting him / herself in person to the MIC Tanzania’s Customer Service Centre with written request and proof of identity.

6.5 We may close your account if you are no longer a Tigo subscriber.

6.6 Upon suspension or disconnection of Tigo Mobile Financial Services, a customer will be repaid any sums in credit against his / her account by any Tigo Agent before whom they appear in person failing that from Tigo Tanzania’s Customer Service Centre.

6.7 We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by MIC or any third party for whom we are responsible, whether arising in contract, delict or statute, if we close or suspend your account in terms of this clause.

7. SUSPENSION OF SERVICES

7.1 MIC may at any time suspend the Service, in whole or in part and without liability under the following circumstances;

7.1.1 should MIC 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

7.1.2 should a license or an agreement in terms of which MIC derives its rights and ability to provide the Service, be suspended, cancelled or terminated; or

7.1.3 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

7.1.4 should the Client fail to comply with these terms and conditions; or

7.1.5 should the Client use equipment that infringes or is alleged to infringe on the intellectual property rights of MIC or any third party.

7.1.6 should MIC give a notice to a customer after such unforeseen event has happen as stipulated in clause 7.1.1 and also shall provide a notice before any event mentioned in clause 7.1.3

7.2 Should the Service be suspended by reason of default of the Client, the Client shall be liable to MIC for any and all direct and indirect losses and damages suffered.

8. THE CUSTOMER’S OBLIGATIONS

The CUSTOMER agrees and covenants:

8.1 Not to assign or transfer the service, SIM card or personalized telephone number to any person without the prior written consent of MIC.

8.2 That the CUSTOMER acknowledges that the SIM card and the rights therein shall at all times remain the inalienable and non-transferable property of MIC.

8.3 That the CUSTOMER shall at all times be responsible and accountable to MIC for the proper use and preservation of the SIM card and the PIN code. In the event the CUSTOMER continuously neglects to use the SIM card or the number provided for a period of 90 days MIC may suspend the number and re-allocate the number for use by any other CUSTOMER.

8.4 That the CUSTOMER shall at all times remain responsible for confidentiality of any information or data received or transmitted by the CUSTOMER using the Network and the CUSTOMER agrees to notify MIC immediately of any or any suspected unauthorized use of other SIM card or the Services. The CUSTOMER acknowledges that MIC shall not be liable for any loss the CUSTOMER may incur as a result of the unauthorized use of the Service or SIM Card without the CUSTOMER’s knowledge.

8.5 That in the event of loss or theft of the SIM card whether or not the SIM card was inserted in a handset at the time of such loss or theft the CUSTOMER shall notify MIC using the designated telephone number or visit the MIC outlets requesting that the subscription be suspended or deactivated and shall immediately thereafter confirm the report of loss or theft in writing to MIC accompanied by an original police abstract to verify the loss or theft.

8.6 That the CUSTOMER shall be fully liable and shall pay MIC for all calls made using the SIM card whether or not the SIM card has been stolen or lost and the CUSTOMER hereby undertakes to indemnify MIC in full and hold it blameless for any liability fees costs charges or expenses it may suffer or incur by reason of any fraudulent use of the SIM Card or by reason of the SIM Card being stolen or lost.

8.7 The CUSTOMER shall in the event of loss or theft of the SIM card as aforesaid remain responsible and accountable to MIC for use of the SIM Card up to and including the date on which the CUSTOMER Account(s) is suspended by MIC.

8.8 To indemnify MIC in full for all the charges that MIC may incur or suffer by reason of re-activating the SIM card arising as a result of any fraudulent claim.

8.9 The CUSTOMER confirms and warrants that the CUSTOMER has capacity to enter into this contract and to perform the CUSTOMER’s obligations as herein set out.

8.10 The CUSTOMER further warrants and confirms that information and particulars of the CUSTOMER given to MIC are true and the CUSTOMER shall notify MIC immediately in writing of any changes and the CUSTOMER undertakes to provide MIC with information or documents required by MIC from time to time.

8.11 The CUSTOMER confirms that the CUSTOMER’s liability under the contract shall be joint and several in cases where the CUSTOMER is more than one person.

8.12 The CUSTOMER confirms that he/she shall not use the Services for any criminal or immoral purposes and shall be solely responsible for any consequences arising from such criminal or immoral use of the Services or the Network.

8.13 The CUSTOMER indemnifies and holds MIC harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of Services offered, or the use of Services.

8.14 For Services that requires password such as Tigo Pesa, the CUSTOMER undertakes to keep all passwords secure and warrant that no other person shall use Services utilizing the CUSTOMER’S password, and the CUSTOMER further acknowledges responsibility for ensuring that no unauthorized access to Services is obtained using the CUSTOMER’S password, and that the CUSTOMER shall be liable for all such activities conducted pursuant to such use, whether authorized or not.

9. MIC’S OBLIGATIONS

9.1 MIC undertakes subject to these Terms and Conditions to provide the Services to the CUSTOMER.

9.2 MIC shall make available to the CUSTOMER from time to time a coverage map indicating the Covered Area.

9.3 MIC shall from time to time publish charges and tariffs applicable to the Services.

9.4 MIC shall keep the CUSTOMER information and communications confidential subject to exceptions provided herein or as may be provided in any statutory law.

10. CHARGES

10.1 All charges and tariffs on the Services are subject to applicable taxes.

10.2 MIC reserves the right to vary the charges and tariffs at its discretion by serving a prior notice to the CUSTOMER.

10.3 Where applicable, the charges shall be subject to foreign currency fluctuations.

11. SUSPENSION OF SERVICES

11.1 MIC may at any time suspend the Services, in whole or in part and without liability under the following circumstances;

11.1.1 should MIC be unable to provide the services, in whole or in part, whether due to force majeure or otherwise through no fault of its own; or

11.1.2 should a license or an agreement in terms of which MIC derives its rights and ability to provide the Services, be suspended, cancelled or terminated; or

11.1.3 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

11.1.4 should the CUSTOMER fail to comply with these terms and conditions; or

11.1.5 should the CUSTOMER use equipment that infringes or is alleged to infringe on the intellectual property rights of MIC or any third party.

11.2 Should the services be suspended by reason of default of the CUSTOMER, the CUSTOMER shall be liable to MIC for its then applicable connection charges, payable on cessation of the suspension.

12. PRIVACY STATEMENT

12.1 MIC and all its associated companies are committed to respecting the privacy of the CUSTOMERS personal data. To demonstrate MIC’s commitment, MIC 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.

12.2 MIC has implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of the CUSTOMER’S personal information. MIC shall update and refine these measures on an ongoing basis. MIC assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond MIC’s control.

12.3 MIC does not distribute any of the CUSTOMER’S personal information to third parties unless it’s requested by the CUSTOMER or it’s legally required to do so by a statute. For avoidance of doubt and clarity, MIC may be obliged to disclose personal information to meet any legal or regulatory requirements of applicable laws.

12.4 MIC reserves the right to amend or modify this Privacy statement at any time in response to new privacy legislation.

12.5 Monitoring or recording of the CUSTOMER communications such as calls or SMS’s may take place as required by law or for business purposes to the extent permitted by law.

13. GOVERNING LAW

These terms and conditions shall in all aspects be governed by the laws of Tanzania.

14. MISCELLANEOUS

14.1 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.

14.2 Failure by MIC 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 MIC in writing.

14.3 These terms and conditions, as varied by MIC from time to time constitute the sole agreement between the CUSTOMER and MIC. Where a specific agreement has been signed between the CUSTOMER and MIC which contain similar terms and conditions the provisions of such specific terms and conditions shall take precedent in the event of conflict or inconsistency.

 

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