M-Pesa T & Cs

1. OUR AGREEMENT

These are the terms and conditions ("Conditions of Use") upon which You may use our Mobile Money Services (hereinafter, “the Services”). You must read them carefully before deciding to register for the Services. By signing the registration form attached to these Conditions of Use, You agree that We should register You as a user and that You have received, read, fully understood and accept these Conditions of Use. Please note that these Conditions of Use together with Your registration form constitute a binding agreement between You and Us. If You do not accept these Conditions of Use, You must not proceed to register for and/or use the Services.

2.  WHAT WE MEAN

2.1 "Account" - means Your Mobile Money account, which is the record of Your E-Money maintained and administered by Us.
2.2 "Agent(s)" - means person(s) registered or authorized by Vodacom to provide the Services. The details of agents may be obtained from the Customer Call Centre and Vodacom Centres.
2.3 "Agreement" - means these Conditions of Use together with the Registration Form.
2.4 “Cash” - means Lesotho Loti and South African rand, being the lawful currencies in Lesotho;
2.5 “Cellphone” - means the mobile device used by You to access the Services.
2.6 "Credit Balance" - means the amount of E-Money in Your account
2.7 "Debit" - means the transfer of E-Money out of Your Account.
2.8 "Debit Transaction" - means any transaction which results in a Debit of E-Money from Your Account as verified by Our Mobile Money system.
2.9 "Designated Payee" - means any person (including Yourself, another user or an agent) who is designated by You, to be the recipient of E-Money from Your account.
2.10 "E-Money" - means the electronic money issued by Vodacom and representing a value equivalent to a user’s cash entitlement held in trust by the Trustee Bank in the Trust Account;
2.11 "Identification (ID) Number" - means the number associated with the form of identification provided to Our satisfaction including passport number, voter registration card number etc.
2.12 "Mobile Money Services" - means the "Vodacom Money Transfer Services" to be offered by Vodacom, which will enable You to perform the Transactions specified under clause 7.1.
2.13 "MSISDN" - means Your Vodacom mobile number.
2.14 "Network" - means the Global System for Mobile telecommunication ("GSM") system operated by Vodacom and covering those areas within the Kingdom of Lesotho as stipulated from time to time by Us.
2.15 "PIN" - means Your personal identification number being the secret code You choose to access and Your Account and authorize transactions.
2.16 "Pre-paid Airtime" - means mobile phone calling credit on Vodacom's Network.
2.17 "SIM Card" - means the subscriber identity module which when used with Your cellphone enables You to access and use the Mobile Money Services.
2.18 "SMS" means a short message service consisting of a text message transmitted from one Cellphone to another.
2.19 “Subscriber” – means any person who is a holder of a Vodacom mobile number whether as prepaid, hybrid or contract customer.
2.20 "Transfer Instructions" means instructions given via SMS for the transfer of E-Money from one user to another.
2.21 "Trustee" means Standard Lesotho Bank or any other partner banks which holds or may hold the aggregate of all sums equivalent to E-Money in users accounts.
2.22 Trust Account" means the bank account maintained by the Trustee into which all payments for E-Money are made and held by the Trustee on behalf of Users.
2.23 “User” means every person that uses the Mobile Money Services, whether registered or unregistered.
2.24  “USSD Menu” means the unstructured supplementary service data menu on Your Cellphone that lists all the Services. This can be accessed by dialing *111# from Your Cellphone.
2.25 "We" or "us" or "our" means Vodacom
2.26 “Vodacom” – means Vodacom Lesotho (Pty) Limited, registration # 95/236.
2.27 "You" or "Your" means the Custome

3. HOW TO REGISTER FOR AN ACCOUNT

3.1 Any Vodacom subscriber who has an active SIM card may register for a Mobile Money account by completing a registration form and submitting it to an agent.
3.2 Minors and other persons who do not have contractual capacity in terms of the laws of Lesotho will not be allowed to register for a Mobile Money account unless they are assisted by a legal guardian.
3.3 To register for an account, You will be required to:
3.3.1 provide all of the details and particulars required in the Registration Form to Our satisfaction; and
3.3.2 Provide a copy of Your ID document together with the original ID document for verification.
3.4 Once You have completed the Registration Form and provided the agent with copies of all documentation required, the agent will deliver all of these documents to Us for consideration and registration. Please note that Vodacom reserves the right to decline to register and open an account for You.
3.5 After You have been successfully registered and an account created for You, You will receive a confirmation SMS on Your cellphone. You can then activate Your account by following the instructions on Your USSD menu.
3.6 Once Your account has been activated, You will be required to create a PIN, which will entitle You to use the Services with immediate effect.
3.7 You may not open more than one account with Us.

4. TRANSACTION FEES

4.1 You will pay fees when You perform transactions. Applicable fees can be obtained from authorized agents, by calling the Customer Call Centre, visiting Your nearest Vodacom Centre or from our website at www.vodacom.co.ls under the Mobile Money section which can be accessed from the home page.
4.2 Fees payable on each transaction will be deducted from Your Mobile Money account on conclusion of each transaction and Your new balance on conclusion of the transaction shall be notified to You by SMS.
4.3 Fees include applicable taxes.
4.4 Vodacom may revise applicable fees from time to time. We will notify You of such change through any communication medium as we may determine10 days prior to introducing the revised fees.

5. USING YOUR ACCOUNT

5.1 Transactions
5.1.1 You may use Your account to perform the following transactions from Your Cellphone:
5.1.1.1 Purchase E-Money by making a payment in cash (cash-in) directly to an agent in exchange for an equivalent amount of E-Money to be credited into Your account.
5.1.1.2 Exchange E-Money for cash (cash-out) from an agent by sending a transfer instruction to our Mobile Money platform pursuant to which the agent will pay the equivalent amount of cash to You.
5.1.1.3 Send E-Money to a registered user;
5.1.1.4 Send E-Money to an unregistered user.
5.1.1.5 Buy prepaid airtime from Vodacom with E-Money.
5.1.2 We reserve the right to add or substitute other transactions and functionalities to the Services from time to time and We will notify You of such additions or substitution from time to time through such communication medium as We may determine.
5.1.3 All Debit Transactions from Your account will be effected by transfer instructions authorized with Your PIN or such other method we may prescribe from time to time. You therefore acknowledge that, unless and until Vodacom receives notice from You that Your SIM card has been lost or stolen, Vodacom may rely on the use of the PIN as conclusive evidence that a Debit Transaction has been authorized by You, even if it is actually made without Your authority. Vodacom shall not require any written confirmation of any transaction instruction.
5.1.4 Vodacom may carry out identity and/or security checks when We receive Your transfer instructions and We may refuse any transaction if we are not satisfied with the results of Our checks.
5.1.5 You will not be able effect any transactions from Your account in the event that You do not have sufficient E-Money to meet the value of the transaction plus fees applicable thereto.
5.1.6 It is Your responsibility to ensure the correctness of the details of the designated payee and amounts which You intend to transfer before You effect a transaction. Vodacom shall not be liable for reimbursing You for E-Money sent to a wrong recipient by You nor will it be obliged to reverse any wrongful transaction.
5.1.7 Airtime is not a substitute for E-Money. You may not use Your airtime to effect Mobile Money transactions.
5.1.8 We will confirm all Your successful transactions by sending You an SMS with Your new account balance.

5.2 Transaction Limits

5.2.1 You may not effect any transactions which, in aggregate, exceed the following prescribed limits:
a)  Entry level users
Daily limit –  M 1,000.00
Monthly limit –  M 3,000.00
Yearly limit –  M13,000.00
b) Standard users
Daily limit –  M  5,000.00
Monthly –  M 20,000.00
Yearly limit –  M120,000.00
The above limits may change from time to time and Vodacom will notify You of such change through such communication medium as We may determine.
5.2.2 Any transactions which exceed the prescribed transaction limits will not be processed.

5.3 Statements on Your account

5.3.1 You may obtain a balance on Your account using the "balance enquiry" function on Your USSD Menu at no cost to You. Please note that printed statements will not be provided.

6.  SECURITY MEASURES

6.1 You are at all times responsible for the safekeeping and proper use of Your Cellphone and PIN in relation to the Mobile Money services. As a measure to ensure the security of Your account, You will be given only 3 attempts to enter the correct PIN. If You enter the wrong PIN on Your third attempt, Your account will be deactivated. To reactivate Your account, You will be required to call the Customer Call Centre and follow the verification process directed by the Customer Call Centre agent.
6.2 Only You may use Your Cellphone and PIN to access Your account and You will be responsible for all transactions made from Your account.
6.3 Do not disclose Your PIN to anyone, including but not limited to Your family members, employees of Vodacom (including Customer Call Centre and Vodacom Centre employees), employees of the Trustee Bank, agents etc.

7. SUSPENSION AND DISCONNECTION OF THE SERVICES/CLOSURE OF ACCOUNT

7.1 We may suspend, restrict or terminate provision of the Service and/or close Your account without informing You and without any liability whatsoever (although, We will, where possible, try to inform You that such action is or may be taken) if:
7.1.1 We are aware or have reason to believe that Your Cellphone, PIN or SIM card  is or are being used in an unauthorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously);
7.1.2 You do not comply with any of the conditions relating to the use of the  Services which have been communicated to You by Us, including these Conditions of Use;
7.1.3 You notify Us that Your Cellphone or SIM card has been lost or stolen or Your PIN has been disclosed to any other party;
7.1.4 You do anything (or allow anything to be done) with Your Cellphone which We think may damage or affect the operation or security of the Network or the Services;
7.1.5 Your Cellphone number is disconnected from our network. A SIM card that has been inactive for a period of 215 days will be disconnected from the network;
7.1.6 We will close Your account where You have not provided a certified copy of Your ID document or a reliable certified ID document per clause 3.3.2 above within 30 days after being notified to provide the document.
7.2 We will close Your account on receiving a written request from You to do so or upon receiving written notification about Your death.
7.3 We will not be responsible to You for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, or statute, if we close or suspend Your account in terms of this clause 7.

8.  GETTING ASSISTANCE

8.1 You may call the Customer Call Centre on 114 if You want to do any of the following:
8.1.1  receive information about agents;
8.1.2  query Your account;
8.1.3  query any transactions performed through Your account;
8.1.4  have a problem with the Service;
8.1.5  lodge a complaint; and/or
8.1.6  require further information regarding the Services and our complaints procedure.
8.2  Mobile Money Services in Lesotho are regulated by the Central Bank of Lesotho.  If You are not satisfied with the outcome of a complaint, You are welcome to approach the Central Bank with a request to intervene.
8.3  The contact details of the Central Bank are:
8.3.1  Telephone number: 2223 2000
8.3.2  Website: www.centralbank.org.ls

9.  YOUR RESPONSIBILITIES

9.1 It is Your responsibility to ensure that the information You provide to Vodacom about Yourself is accurate. To this end, You undertake to Vodacom that any information You have provided to us is true and correct and that You will provide any additional information that we may require from time to time, failing which We will suspend Your account.
9.2 You will be responsible for payment of all applicable fees for any transaction effected using Your Cellphone and SIM card whether these were made by You or someone else with or without Your authority or knowledge.
9.3 You must not use the Services to commit any offence(s).
9.4 In the event of damage to, loss or theft of the SIM, You are obliged to inform us immediately of such damage, loss or theft. We will then disable such damaged, lost or stolen SIM Card so as to prevent possible use of the Services until the SIM card has been replaced. A replacement fee will be applicable. To report a damaged, lost or stolen SIM card You can call the Customer Call Centre on the number 114 or visit the nearest Vodacom Centre.
9.5 You will be responsible for all fees and transactions effected up to the time of receipt by Vodacom of Your report of the damage to, loss or theft of Your SIM card.
9.6 You must comply with any instructions that Vodacom may issue from time to time about the use of the Mobile Money Services.

10. REFUNDS

10.1 We will refund Your transaction amount and fee or Your credit balance if:
10.1.1 You send E-Money to an unregistered user who does not redeem the E-Money with 7 days and You cancel the transaction after the expiry of the 7 days.
10.1.2 You close Your account while You still have E-Money in it. A refund resulting from closing an account will be treated as a cash-out transaction and will attract fees applicable to cash-out transactions. Refunds resulting from closing an account will be paid in cash and can be made by any registered agent following receipt of a request from You to close the account.
10.1.3 You have been wrongly charged by Vodacom or where it is established that Your account was debited without proper transfer instructions authorized by means of Your PIN.
10.2 To cancel a transaction, or query your account (for unauthorized transactions and erroneous charges) and request a refund of the transaction amount and fee or unauthorized transaction amount or erroneous charge as the case may be, You need to contact the Customer Call Centre. We will process such request and will credit the refund to Your account.
10.3 In the event that Your account is closed as a result of Your death, the credit balance in Your account shall be paid over to a beneficiary stated in a beneficiary nomination letter or administrator nominated in the letters of administration issued by the Master of the High Court.
10.4 We will endeavor to effect refunds as soon as possible but in any event not later than 5 days from the date on which a claim for refund was made by You.
10.5 Vodacom does not have any obligation to cancel any transfer instructions and refund You in the event of any dispute with any designated payee. You are responsible for resolving any disputes arising with the designated payee without involving Us.
10.6 If You have E-money left in Your account which has not been accessed for more than 10 years, we will transfer the cash equivalent of that E-Money to the relevant authorities in Lesotho.

11. CHANGES

We reserve the right to change these conditions of use from time to time. We shall give You 21 days’ notice of any proposed changes through such communication medium as We may determine and You shall be deemed to have been notified of any such variations regardless that the same may not have actually come to your attention. After 21 days, the changes will be deemed to be fully effective. If You do not agree with the changes, You must terminate the Services, otherwise You shall be deemed to have accepted the changes.

12.  EVENTS BEYOND OUR CONTROL

We may not be able to provide the services or perform our obligations as a result of events which are beyond our reasonable control including failure, malfunction or delay in banking channels and networks, Our networks, Your Cellphone or SIM card. Vodacom will not be responsible for any loss arising as a result of the occurrence of such events

13.  YOUR PERSONAL INFORMATION

13.1 You acknowledge and agree that we may disclose and/or receive personal information, communications or documents about You:
13.1.1  to and/from national and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud.
13.1.2  to Our legal advisors, financial advisors or auditors, or to a court of law in connection with any legal or other proceedings.
13.1.3  to Our parent company and its affiliates who will process Your personal information to market and sell its products and services to You.
13.2  You agree that all of Your information, including personal information and Your transactions will be recorded and Centred for record keeping purposes for 10 years from the date on which Your Account is closed.
13.3  You consent that all communication and transactions may be monitored or recorded by Us in accordance with the laws of Lesotho, for use in business practices, prevention of unauthorized use of Our telecommunications systems, the Mobile Money System, and in respect of the detection and prevention of crime

14. LIABILITY AND EXCLUSIONS

14.1 In the event that we are compelled to change or reassign Your telecommunications numbering to meet regulatory requirements or for any other reason, Our liability will be limited to retaining Your account and where possible, transferring Your account to a new MSISDN, failing which You will be paid out the credit balance in Your account in cash.
14.2 We make no representations and give no warranties of whatsoever nature to and in favour of You, whether express or implied in respect of the Services.
14.3 All agents are no more than independent third parties authorized by Vodacom or an approved Mobile Money super agent to provide the Services and no partnership exists between Vodacom and the agents. We accordingly bear no responsibility or liability for any default or negligence on the part of the agents in providing the Services.
14.4 We will use commercially reasonable efforts to ensure that the Service is secure and cannot be accessed by unauthorized third parties. We shall not be liable for any loss which You suffer unless it is directly caused by our being grossly negligent or deliberately acting wrongly. Our liability for such acts will be limited to the amount of the loss that an ordinary person in Your position would have suffered. For the avoidance of doubt, any such liability shall exclude liability for indirect, punitive, special and/or consequential losses and/or damages.

15.  NOTICES

15.1 We are entitled to send information to You via SMS to the contact Mobile Phone number supplied on Your application form. These SMS's are for information purposes only.
15.2 You should send any legal notice to us at our chosen address: Vodacom Lesotho, P.O. Box 7387, Maseru 100, or deliver to Vodacom Lesotho Head Office, Block B Level 7, LNDC Development House, Kingsway, Maseru.

16. GENERAL

16.1 You will pay all our expenses for recovering any amounts You owe us including legal fees, collection fees and tracing fees.
16.2 You must notify us immediately of any change of Your details in Your Registration Form.
16.3 All copyright, trademarks and other intellectual property rights used as part of the Services or contained in our documents are owned by Vodacom or its licensors. You agree that You acquire no rights thereto.
16.4 This Agreement may not be assigned to any other person.
16.5 No failure or delay by either of us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
16.6 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
16.7 If any provision of these Conditions of Use shall be found by a court or of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.
16.8 Although Vodacom will try to ensure that You are able to make full use of the Network to access Mobile Money Services within Our coverage areas, We do not guarantee that the Mobile Money Services will be available at all times. Vodacom will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the Mobile Money Services.
16.9 We will not pay interest on E-Money held in Your account.
16.10 You will be responsible for all roaming charges should you access the Services while you roam.

17.  DISPUTE SETTLEMENT AND GOVERNING LAW

17.1 This agreement is governed by the laws of Lesotho.
17.1.1 Any disputes arising out of this agreement and which cannot be settled amicably by You and Us will be submitted to litigation in the Magistrate Courts even if the claim made by either You or Us exceeds the jurisdiction of such courts.