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

DEFINITIONS

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

Account: Means MIC’s records of personal details, outstanding charges payable by and payments received from Customer through an active Sim Card

Account Holder: Means the Customer.

Active Sim Card: means a SIM Card that Tigo Pesa services are enabled and are conducted through it on a regular basis as per the defined activity rules.

Activation Date: Means the date on which the Customer successfully subscribes and can use Tigo Pesa Services.

Charges: Means the charges/fees for the use of Tigo Pesa Services as may be prescribed and communicated 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.

Connection: Means the process through which a Customer is given access to Tigo Pesa Services through MIC’s network. The term “Connected”, “Disconnected” and “Reconnection” mean the level of connection for a Customer. Connected meaning active and transacting, disconnected meaning not active in the given period while reconnections means has changed status from disconnected to connected.

MIC: Means MIC Tanzania Public Limited Company having its registered office at Derm Complex, Plot No. 11 Block 45A, New Bagamoyo Road, Kijitonyama Area, Dar- es- Salaam.

Tigo: MIC registered trade brand for offering its services. The term MIC and Tigo can be used interchangeably to represent the company.

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.

Tigo Pesa Services/Mobile Financial Service: 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;  

AML/CFT: Refers to Anti-Money Laundering and Terrorist Financing as defined by the regulations in Tanzania.

Money Laundering: Involves taking criminal proceeds and disguising their illegal sources in order to use the funds to perform legal or illegal activities

Terrorist Financing: Refers to the process of providing financing or financial support to individual terrorists or terrorist groups using funds from legal or illegal sources

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.

“Agent (s)” means a person(s) registered or authorized by Tigo to provide Tigo Pesa services such as cash-in and cash-out 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 until the Tigo Pesa account is closed  

1. SUBSCRIPTION TO TIGO PESA SERVICES 

The Customer shall subscribe to the Tigo Pesa Services by first doing a Sim card registration using the company SIM registration process at that time which should be compliant with the SIM registration regulations. The Customer on-boarding document will differ depending with the legal form of the Customer (either individual Customer, a company, NGO, e.t.c) and the type of service that the Customer will use. The overall process and the minimum required documentation are defined by the regulator and MIC and only acceptable IDs by the regulator will be accepted. 

Only an Active Customer may subscribe to, and use the Tigo Pesa Service. 

• You can only register for Tigo Pesa Services if you are an active Tigo Subscriber.
• Any Tigo Subscriber may register for Tigo Pesa Services with any of Tigo’s Agents in Tanzania. 

• For purposes of registration, national ID will be required and your Tigo Mobile number will be required.
• Registration can take place through any registered Tigo Pesa Service Agent or Tigo shops 

Transacting

• Customer must authorize Tigo Pesa transactions with a secret PIN which they create when they register or by such other method we may prescribe from time to time.
• Upon activation of a Customer account, he will be able to carry out the following transactions:
  • Cash deposits through an authorized Tigo Pesa agent to get e-value on their phone which he can use to:
  • Send Money to another Tigo Registered/unregistered user or Registered user with another MNO.
  • Cash out money at a registered Tigo Pesa Agent.
  • Buy Tigo Airtime (or as may be changed in future by MIC Tanzania Public Limited Company).
• The Customer can also use the wallet as an instrument for Bill payments and to purchase goods and / or services.
• Other account management transactions are also possible such as balance enquiry, a mini statement or monthly statement and change own PIN.
• The customer can also enjoy all of the commercial services and propositions offered by Tigo or any of its 3rd Party Partners.
• Transaction fees related to any Tigo Pesa service are disclosed before any service is rendered. For any assistance needed relating to fees, Customer should make a toll free call to the call centre, at 100, walk into any Tigo shops, visit the website www.tigo.co.tz, or visit agent locations where fees are displayed.
• By using Tigo Pesa service the Customer accepts that they understood the fees applicable to the transaction.
• The Subscriber must ensure the completeness and correctness of the Cash-in transaction and confirm the balance in the wallet is in line with the transaction done before leaving the agent premises.
• The subscriber is advised to count the physical cash, in case of a cash out (withdrawal) and ensure the remaining balance of e-money on their phone is correct as per the transaction done before leaving agent premises
• 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.
• It is the Subscriber’s responsibility to ensure the correctness of the Payees details and the amount of transfer before effecting a transaction. Tigo will not be liable in cases where the funds have been utilized by the wrong recipient of a successful transactions.
• Transactions are subject to limits set and published by Tigo from time to time as instructed by the regulator. Any Transaction exceeding the set limit shall not be processed.
• The amount to be held in the Account at any particular time shall be subject to the limit set by Tigo as instructed by the regulator.
• The Subscriber may obtain a statement of Account using the Tigo USSD Menu at an applicable fee.
• Tigo Pesa service cannot be used for any fraudulent, negligent or for illegal activities. Customers accept that funds that are transmitted through Tigo Pesa have not been obtain from any predicate offenses as defined by the Laws from time to time such as Money Laundering, Terrorist financing, corruption, bribery, or any other offenses defined by AML/CFT regulations.
• MIC shall not accept a transaction if:
  • 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;
  • The Transaction amount requested by the Customer is below the minimum or above the maximum amounts for Tigo Pesa transactions as per relevant regulations.
  • The Customer has exceeded the Tigo Pesa daily transaction limit as per regulations
  • Tigo becomes aware that the Customer is involved in illegal activities 

1. Charges/Tariffs/Fees and unclaimed balances
   • Customers are charged for Tigo Pesa Services at the fees published/informed occasionally and updated from time to time on the Tigo Tanzania website and at Agent Premises.
   • All charges and tariffs on the Services are subject to applicable taxes as per the rules and regulations.
   • MIC reserves the right to vary the charges and tariffs at its discretion by serving a prior notice to the customer
   • Where applicable, the charges shall be subject to foreign currency fluctuations.
   • The customer can request needed information regarding service charges at any time through our call centre, dial 100 or at any of our Tigo Shops.
   • Tigo is not responsible for the prices of the services rendered by its partners or any legal offence in relation to the laws of Tanzania. 

1. Security and Unauthorized Use
   • Customer is responsible for the safekeeping and proper use of the secret PIN and for all transactions that take place on Tigo Pesa wallet with their PIN and they indemnify us against any claims made in respect of such transactions. Note that Tigo will in no circumstance request the Customer to disclose the PIN at any point
   • Customer should not share Tigo Pesa PIN with anyone for any reason including Customer care agent, Tigo staff or any Tigo Pesa Agent. In case the Customer become aware that Tigo Pesa PIN has been compromised, he is advised to change the PIN immediately using the procedures described.
   • In cases where your phone, SIM card or PIN has been stolen or you want to report any suspected fraud or illegal activity, call on 100 (Call Centre no) and follow instructions. Tigo will stop your account as soon as reasonably can. Customer remains responsible for all transactions that occur until your account is stopped.
   • The Customer is responsible for all authorised and successfully transactions on the Tigo Pesa wallet and the losses incurred.
   • Beware of the risk of social reengineering that has become common
   • 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 blocked. To unblock the Account, the Subscriber will have to contact the Tigo Customer care, through 100 for assistance or walk into the Tigo shops

1. Closing your Account
   • MIC will close Customer account on receiving a request from the Customer.
   • MIC can also close a Customer 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.
   • MIC 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.
   • MIC 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.
   • MIC may close your account if you are no longer a Tigo subscriber.
   • Upon suspension or disconnection of Tigo Mobile Financial Services, a Customer will be repaid any sums in credit against his / her account less any applicable maintenance fee by any Tigo or Tigo Agent after proof of identity.
   • MIC 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. 

1. SUSPENSION OF SERVICES 
   • MIC may at any time suspend the Service, in whole or in part and without liability under the following circumstances;
     • 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
     • 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
     • 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
     • should the Client fail to comply with these terms and conditions; or
     • should the Client use equipment that infringes or is alleged to infringe on the intellectual property rights of MIC or any third party.
     • 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
   • 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. 

1. THE CUSTOMER’S OBLIGATIONS

The Customer agrees and covenants:

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

7.2       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.

7.3       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.

7.4       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 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.

7.5       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.

7.6       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.

7.7       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.

7.8       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.

7.9       The Customer confirms and warrants that he has the capacity to enter into this contract and to perform his obligations as herein set out.

7.10     The Customer further warrants and confirms that information and particulars given to MIC are true and he shall notify MIC immediately in writing of any changes and the he undertakes to provide MIC with information or documents required by MIC from time to time. Unless the SIM registration details are amended in the Tigo systems using the set procedures, the Customer whose personal details are registered remain liable for all activities done using the Sim card and Tigo Pesa wallet.

7.11     The Customer confirms that their liability under the contract shall be joint and several in cases where the CUSTOMER is more than one person.

7.12     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.

7.13     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. 

7.14    For Services that requires password/security credentials/ PIN such as Tigo Pesa, the CUSTOMER undertakes to keep all passwords/security credentials/ PIN secure and warrant that no other person shall use Services utilizing the  Customer’s password/security credential/PIN, and the Customer further acknowledges responsibility for ensuring that no unauthorized access to Services is obtained using the Customer’s password/security credential/PIN, and that the Customer shall be liable for all such activities conducted pursuant to such use and any loss incurred whether authorized or not. 

1. MIC’S OBLIGATIONS

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

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

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

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

1. PRIVACY STATEMENT

9.1       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.

9.2       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.

9.3       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.

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

9.5       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. 

1. GOVERNING LAW

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

1. MISCELLANEOUS

11.1     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.

11.2    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.

  11.3   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.

12    What to do when you need assistance

12.1 In cases of any assistance from Tigo, Call 100 (Customer Care). For more details on transaction reversal, visit http://www.tigo.co.tz/tigo-pesa/self-care

12.2 In cases where the Customer care is unable to assist you and you need to make an escalation to complain@tigo.co.tz  mentioning in detail the issues when and where it happened.

12.3. 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 TCRA or BOT.