TERMS AND CONDITIONS

“EZEEMONEY” LIMITED

CUSTOMER TERMS AND CONDITIONS

 

  1. DEFINITIONS

“Amendments” Any addition or alteration of these Terms and Conditions made from time to time by EM of which has been given to the E-Money Account Holder shall be binding upon the Account Holder as fully as if the same were contained in these Terms and Conditions.

 

"AML System" means the automated anti-money laundering system which is incorporated into the E-Money System and which is used by EZEEMONEY as a check and balance against money laundering:

 

"Business Day" means any day other than a Saturday, Sunday or statutory public holiday in the Republic of Uganda;

 

"Conditions" means the conditions set out in clause 4;

 

"Customer" means a subscriber of EZEEMONEY who elects to use or subscribes to the EZEEMONEY Service;

 

“Customer Service” means the customer care unit of EM;

 

“EZEEMONEY Account” means the account maintained by the User with EM containing a prepaid monetary value not exceeding such maximum limit as the relevant authority may approve from time to time, that the User has paid to EM for the purposes of carrying out the Transactions;

 

“Escrow Account" means the trust banking account held by the Centenary Rural Development Bank Limited for and behalf of EZEEMONEY into which EZEEMONEY Service Centres deposit money in order to facilitate the E-MONEY Service to Customers;

"EM" means EZEEMONEY LIMITED (Registration Number 153753) a private company duly incorporated with limited liability according to the company laws of the Republic of Uganda

 

“EM Card” means the smart card issued by EM to the User to be used to effect payment of EM Transactions;

 

“EM Website”               means the Website, w.w.w.ezeemoney.co.ug;

 

"E-Money" means the electronic money/stock issued by EM to Customers upon receipt of the equivalent amount of cash monies by an EZEEMONEY Service Centre from the Customer and which represents an entitlement to an equivalent amount of cash monies held in the Escrow Account and which is to be utilised to give effect to a Transaction;

 

"EZEEMONEY System" means the system comprising technology platforms and software developed by EZEEMONEY to facilitate the E-MONEY Service to Customers;

 

"EZEEMONEY Service Centre" means a Service Centre appointed by EZEEMONEY, in terms of an appropriate agreement, to interface with Customers as an entry point to initiating a Transaction via the EZEEMONEY Service;

 

"EZEEMONEY Service" means the service provided by EM which facilitates the initiation and conclusion of Transactions. Such services includes, inter alia, EM recording all Transactions, verifying, confirming and informing Customers of all Transactions concluded and updating Customer account records on the EZEEMONEY System and which service is more fully described in Annexure 1 hereto;

 

“E – Money Value” means electronic monetary value stored on a voucher card or EM system that can be used to exchange value with another phone, card or approved other devices;

 

“Instructions” shall mean the instructions given to ‘EZEEMONEY directly or through Service Centres/Master Agents by the Customer in relation to the trust banking account held by the Bank for and behalf of EZEEMONEY into which EZEEMONEY Service Centres deposit money in order to facilitate the EZEEMONEY Service to Customers;

“Services” include, inter alia, EM recording all Transactions, verifying, confirming and informing Customers of all Transactions concluded and updating Customer account records on the E-MONEY System and which service is more fully described in Annexure 1 hereto;

 

“Trustee Bank” means the bank where EM has deposited the prepaid monies remitted by the User into EM virtual Account for the purposes of payment of the Transactions;

 

“Receiver” means a person who receives payment through the EM System for initiation and conclusion of Transactions and includes but is not limited to a Customer; a non-EZEEMONEY SERVICE subscriber; any bank account in the Republic of Uganda; EZEEMONEY Service Centre; and

 

“User” means a person who makes or receives payment through the EM System for initiation and conclusion of Transactions;

 

2 INTERPRETATIONS

In these Terms and Conditions, unless the context otherwise requires:-

 

  • words importing the singular include the plural and vice versa;
  • a gender include any gender;

 

  • a reference to a party in a document includes that party's successors and permitted assignees;
  • a warranty, representation, undertaking, indemnity, covenant or agreement on the part of two or more persons binds them jointly and severally;

 

  • reference to clauses, schedules, paragraphs, annexures or appendices are references to the clauses or schedules in or paragraphs, annexures or appendices to these Terms and Conditions;

 

  1. 3. USE OF SERVICES

 

3.1 The EZEEMONEY service provided by EM which facilitates the initiation and conclusion of Transactions. Such services includes, inter alia, EM recording all Transactions, verifying, confirming and informing Customers of all Transactions concluded and updating Customer account records on the EZEEMONEY System.

 

Once registered, Customers will be able to deposit funds at an authorised EZEEMONEY Service Centre and then by utilising a simple SMS instruction, Customers will be able to; send funds to another EZEEMONEY Customer; send funds to any bank account in the Republic of Uganda; pay utility bills; pay school fees; withdraw funds at any authorised EZEEMONEY Service Centre; buy airtime for themselves or someone else; check the balance on their EZEEMONEY account; check last five transactions on their EZEEMONEY account; and conduct EZEEMONEY account security administration, which includes but is not limited to the changing of personal identification number applicable to the security of the Customer's EZEEMONEY Account. The services and goods purchased are delivered to the customer/user in real time with an instantaneous information SMS or a receipt.

 

 

3.2 During the period where the User is registered with EM as its customer, the User shall be entitled to use EM Service Centres /Master Agent and EZEEMONEY services are available to all members’ customers of banks providing the EZEEMONEY service in the Repub­lic of Uganda.

 

3.3 The User shall be deemed to have automatically accepted and be bound by these Terms and Conditions upon registration.

3.4 The User shall ensure that he is acquainted with the guidelines and procedures for the use of the Services that are more particularly set out in the user guides that EM may issue from time to time and published on EM Website. EM shall not be liable for any errors arising from the use of the Services.

3.5 It is the responsibility of the user to ensure the intended transaction is achieved by reviewing the entire e-transaction processes, and where necessary, correcting any mistakes or withdrawing from the transaction before it is concluded.

3.6 The User acknowledges that EM may at its absolute discretion refuse or permit the User to use the Services without giving any reason or notice thereof.

 

  1. REGISTRATION OF CUSTOMER.

4.1 The User must register with EM prior to carrying out the first EM Transaction.

 

4.2 Customers shall register for the EZEEMONEY Service at an authorised EZEEMONEY Service Centre by presenting suitable identification to the EZEEMONEY Service Centres in order to enable the EZEEMONEY Service Centres to identify and verify the Customer's details including personal information, including, without limitation, full name and identity card number. To complete the registration, the customer shall also provide the Service Centre with photo copies of such documentation, failure of which, the customer transaction shall not be activated.

 

4.3 Upon registration the Customer will be issued with a new EZEEMONEY card. The Customer will be assigned an EZEEMONEY virtual account which is identified by the Customer's registered EZEEMONEY mobile number.

 

4.4 The User irrevocably and unconditionally agrees that, subject to the availability of funds in the EZEEMONEY Virtual Account and unless otherwise agreed by EM, the total aggregate value of the Transactions carried out by the User for each month and the value for a single EM Transaction shall not exceed the respective maximum limits (collectively, “Maximum Limits”) as EM may determine at any time and from time to time. EM shall have the absolute discretion to deny or reject any transactions exceeding the maximum limits.

 

  1. AUTHORISATION BY THE USER

5.1 The User by entering his/her PIN irrevocably and unconditionally authorises EM to complete a transaction.

5.2 The User irrevocably and unconditionally allows and permits the EZEEMONEY that have prior transactions with the User, to contact or send SMS to the User to provide updates on the services offered or provided by EZEEMONEY or notify reminders of important events.

5.3 In the event that promotional communication/adverts are used, the user/customer has option to unsubscribe from such communication materials.

 

  1. 6. AVAILABILITY OF SERVICES

The Services shall be available on a daily basis unless otherwise specified herein.

 

6.2 The Services may not be available due to maintenance or malfunction of the EM System, any interruption, malfunction, downtime or other failure of services provided by third parties, including, without limitation, third party systems such as the Bank system, public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities or any other circumstances beyond EM’s control EM shall inform the customers and service Centres of any interruption in the services through the public media and any other mode of effective communication.

 

NOTE: The customer hereby acknowledges that the EM and its Service Centres shall not be liable for any loss arising out of general interruptions with the Internet System, Bank system or such other reasons beyond the control of EM.

 

6.3 Unless otherwise provided in these Terms and Conditions, EM shall be entitled at its absolute discretion, without prior notice to the User, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.

 

6.4 Notwithstanding any provisions to the contrary in these Terms and Conditions, EM shall be entitled to:

  1. immediately terminate, discontinue, withdraw or suspend the User’s use of the Services without notice; or
  2. impose conditions or restrictions on the User’s use of the Service without notice.

6.5 EM may terminate this Agreement immediately at any time, if the user:

  1. attempts to transact for a value, which exceeds the maximum limit set;
  2. fails to notify EM, within 24 hours, of a disputed transaction;
  3. abuses the use of the PIN;
  4. is found to be engaging in fraudulent activities;
  5. is found to engaged in money laundering and financing of terrorist activities.

 

  1. TRANSACTION PROCEDURES

7.1 Procedures

7.1.1 The User shall comply with and observe all procedures stipulated by EM in carrying out each Transaction.

 

7.1.2 Each time the User uses the EM Card to carry out a Transaction, EM shall deduct from their EZEEMONEY Virtual Account an amount corresponding to the value of such Transaction and a processing fee as EM may determine from time to time for such EM Transaction.

 

7.2 Objections

7.2.1 If the User disagrees with any amount deducted from the EZEEMONEY Virtual Account for any Transaction, the User shall forthwith notify EM Customer Service by contacting EM’s Customer Service, before 10.00 p.m. on the same day of that disputed Transaction or as the case may be notify the EM Service Centre for assistance. Any notification from the User received by EM after 10.00 p.m. shall be dealt with in accordance with Clause 7.3 on the next Business Day.

 

For the avoidance of doubt, the User must notify EM of an alleged fraudulent Transaction within twenty four (24) hours of its occurrence. The User acknowledges and agrees that there will be no automatic refund and the User must resolve the dispute directly with the receiver, and, as the case may be, the Third Party.

 

7.2.2 If the User fails to notify EM by contacting the Customer Service, within twenty four (24) hours of the occurrence of the disputed EM Transaction, EM shall not be liable in any manner whatsoever for the disputed amount so released by EM to the relevant party.

 

7.3 Dispute Resolution in relation to amount deducted from Account;

 

7.3.1 Save for fraudulent EM Transactions alleged by a Customer, EM shall not be under any obligation or responsibility to investigate any disputes on the Transactions between the User and a receiver. All disputes on a Transaction shall be resolved between the user and the receiver, and the User with no recourse to EM and Trustee Bank.

 

7.3.2 Within seven (7) days from the User’s notification of a disputed Transaction to EM, the User shall furnish EM’s Service Centre with all requisite supporting documents and information in relation to and in connection with the disputed Transaction and complete such other forms and documents as EM may require. The User shall also provide written representation as to the nature of the dispute with the Receiver.

 

7.3.3 If the User fails or refuses to comply with Clause 7.3.2, EM shall proceed to release to the Receiver the payment in respect of that disputed Transaction at the expiry of the seven (7) day period stated in Clause 7.3.2 or such other duration as EM may determine from time to time or at any time during the Term.

 

7.3.4 The relevant Service Centre shall investigate the alleged fraudulent Transaction, including obtaining the written representation from the Receiver.

 

7.3.5 The Service Centre shall notify the User and the Receiver of the outcome of such Investigation within twenty four (24) hours (or such other duration as EM may determine from time to time or at any time during the Term) from EM’s Receipt of all the documents and information stated in Clause 7.3.2.

 

7.3.6 The decision made by the Service Centre pursuant to the investigation shall be final, binding and conclusive, save for manifest errors.

 

7.3.7 Where the outcome of the investigation by EM:

(a)      shows that such Transaction is fraudulent, EM shall refund to the User the amount of the EM Transaction by crediting such amount into the EZEEMONEY Virtual Account; or

(b) shows that such Transaction is not fraudulent, the User shall be notified accordingly.

7.3.8 the user should always check the charge of each service rendered displayed prominently on a Chart at the Service Centre or on the EM website before making any payments.

 

  1. TOP-UP OF EZEEMONEY VIRTUAL ACCOUNT

8.1 The User may top-up the value in the EZEEMONEY Virtual Account by the prescribed methods and upon such terms and conditions as EM may at its absolute discretion determine at any time or from time to time.

 

8.2 EM shall not levy a processing fee for carrying out the User’s request to top-up money into their EZEEMONEY Virtual Account.

 

  1. WITHDRAWAL FROM THE EZEEMONEY VIRTUAL ACCOUNT

9.1 The User may withdraw the money deposited in the EZEEMONEY Virtual Account upon the fulfilment of the withdrawal procedures as EM shall at its absolute discretion determine at any time or from time to time.

 

9.2 EM shall be entitled to impose a processing fee for carrying out the User’s request to withdraw the money from the E-Money Virtual Account.

 

  1. QUALITY OF PRODUCTS, GOODS OR SERVICES

10.1 The User agrees and confirms that EM makes no representations or warranties in respect of the products, goods and services offered or sold by the Receivers, including, without limitation, the quality, accuracy, adequacy, timeliness, fitness for any purposes or completeness of any of the products, goods or services.

 

10.2 The User shall hold the relevant receiver liable and shall claim or bring an action against the relevant receiver for any defective or bad quality products, goods or services purchased.

 

  1. LIMITATION ON LIABILITY

11.1 The User agrees and confirms that he shall not hold EM, its employees, Trustee banks, Service Centres or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Transaction or these Terms and Conditions unless they are provided for under the laws of Uganda.

11.2 If at any event, EM, its employees, Trustee bank, its employees, Service Centres or licensees are found liable to the User, such liability is limited to the actual amount of direct damages.

 

  1. RECORD OF TRANSACTIONS

12.1 The User may access the EM Website and view the transaction history of the User for the preceding ninety (90) days. All transactional information shall be displayed in English language.

 

12.2 The User may print out the transaction record by accessing the EM Website.

 

12.3 The User acknowledges and agrees that EM is not under any obligation whatsoever to issue monthly statements to the User detailing the transactions conducted by the User through the EZEEMONEY System.

 

12.4 LOSS OR THEFT OF CARD;

  1. Users will be responsible for keeping their EZEEMONEY Virtual Account PIN secret and will be responsible for all transactions affected using their EZEEMONEY Virtual Account PIN whether authorized by them or not. The voucher codes and numbers provided will, at all times, remain the property of the EM and are issued subject to the conditions of use. The customer is obliged to inform EM’s authorised Service Centres immediately in the event of damage to, loss, theft or disclosure of the same. EM will then disable such damaged, lost or stolen card/EZEEMONEY Virtual Account PIN or other codes so as to prevent further use.

 

  1. Until EM or its authorized Service Centre is advised of any lost, damaged or stolen card/EZEEMONEY virtual account PIN, the customer will be responsible for all transactions and applicable charges at the applicable Tariffs for any transactions conducted, whether the transactions were made with or without the customer's authority or knowledge.

 

  1. DISCLOSURE OF INFORMATION

13.1 EM shall be entitled and the User irrevocably and unconditionally consents and authorises EM to the extent permitted by law, to disclose or release any information pertaining to the User or the User’s transactions through EZEEMONEY System to such extent that EM may at its absolute discretion deem fit to:

  1. the Trustee Bank;
  2. Centenary Bank
  3. the relevant receivers of money;
  4. such other persons as EM may be required to disclose under the applicable law;
  5. such other persons or entity pursuant to any governmental directive or order of the court; or
  6. any other party whosoever as EM may at its absolute discretion deems fit.

 

  1. APPLICABLE LAWS AND REGULATIONS

14.1 The use of the Services shall be governed by the laws of Uganda.

 

14.2 Where required, the User shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.

14.3 For international transactions, the User shall abide by the laws existing in the countries involved in the transaction.

 

14.4 For transactions within Uganda, the User shall abide by the laws of Uganda.

 

14.5 The User shall fully indemnify, defend and hold EM and its related corporations harmless from and against any and all suits, actions, judgments, damages, costs, losses, expenses (including legal fees on a solicitors and client basis) and other liabilities arising from a breach or contravention or non-compliance with any provision of this Clause 14.

 

  1. SUSPENSION, TERMINATION, CANCELLATION OF SERVICES

 

15.1 EM reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that EM may at its absolute discretion determine upon giving a 24 hour notice. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such terms and conditions as EM may at its absolute discretion determine.

 

15.2 Upon cancellation or termination of the Services (or any part thereof):

15.2.1 all rights granted to the User hereunder shall immediately terminate and shall revert to EM;

15.2.2 the User shall immediately pay to EM all outstanding fees and charges due and owing to EM;

15.2.3 EM may at its absolute discretion, decide not to act on any confirmation or request received by EM after the effective date of termination;

15.2.4 EM may at its absolute discretion, decide not to act on any confirmation or request received by EM between the date of notice is given to the User and the effective date of termination (if there is a lapse of time between the two dates); and

15.2.5 the User hereby irrevocably and unconditionally authorises EM to refund the credit balance in the EZEEMONEY Virtual Account, after the deduction of all money due and owing by the User to EM (if any), to the User Bank Account or by any other means acknowledged and accepted by EM, as appropriately communicated by the User to EM.

 

  1. TERMINATION BY CUSTOMER

16.1 The User may terminate the usage of the Services pursuant to these Terms and Conditions at any time by contacting EM Customer Service.

 

  1. NOTICES

17.1 All notices and documents required to be given by the User under these Terms and Conditions to EM shall be sent to EM by way of ordinary post or registered post to such address as EM’S Service Centres shall provide. EM’s Service Centres shall forthwith forward the notice or documents to EM.

Any notice or document sent by the User to EM shall be deemed served when such notice or document is received by EM.

 

17.2 All notices and documents required to be given by EM under these Terms and Conditions to the User shall be sent to the User by any one of the following methods:

17.2.1 Ordinary or registered post to the User’s last known address according to EM Service Centre’ records;

17.2.2 by facsimile to the User’s last known facsimile number according to EM’s records;

17.2.3 Electronic mail to the User’s last known electronic mail address according to EM’ records;

17.2.4 Posting the notice or communication on EM Website;

17.2.5 Notices placed with or in any of EM written communications to the User;

17.2.6 Notices placed through any media; or

17.2.7 Any manner of notification as EM may at its absolute discretion determine.

 

17.3 Any notice or document or communication given by EM to the User shall be deemed to be served and received by the User:

17.3.1 if sent by ordinary or registered post, within three (3) days of posting; or

17.3.2 if sent by other methods stated in Clauses 17.2.2 to 17.2.7, the Business Day following the sending of such notice or document.

 

  1. WAIVER AND SEVERANCE

18.1 Any failure by EM to enforce at any time or for any period any one or more of these Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce these Terms and Conditions.

 

18.2 In the event that any provisions of these Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable EM shall amend that provision in such reasonable manner as would achieve the intention of EM or at the discretion of EM it may be severed from these Terms and Conditions and the remaining provisions remain in full force and effect.

 

  1. VARIATION

19.1 These Terms and Conditions may be modified, added to, deleted or varied by EM by way of posting on EM Website or in any such other manner as EM may in its absolute discretion determine.

 

19.2 The User shall access EM Website at regular intervals of time to view these Terms and Conditions and to ensure that the User is kept up-to-date with any changes or variations to these Terms and Conditions.

 

19.3 The User agrees that continued use of the Services shall constitute the User’s acceptance of these Terms and Conditions (as modified and varied from time to time).

 

  1. ASSIGNMENT

20.1 The User may not assign its rights under these Terms and Conditions without the prior written consent of EM.

 

20.2 EM may assign its rights under these Terms and Conditions without the prior written consent of the User.

 

  1. BINDING EFFECT

21.1 These Terms and Conditions shall be binding on the heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) of the User and EM.