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Conventional Wallet refers to digital wallet whose funds are kept in Conventional trust account.

The terms and conditions subject to which the AzamPesa Services are provided are mentioned herein (‘Terms and Conditions’). The use of AzamPesa Services by the Customer is subject to the acceptance of the Terms and Conditions. By enrolling for the AzamPesa Services, the Customer acknowledges that the Customer has read, understood and agrees to be bound by these Terms and Conditions.

Definitions

1.1 AzamPesa Tanzania Limited (AZAMPESA.) is a company incorporated under the Companies Act, Cap 212 with its business office, Plot No. 208, Oysterbay street, Haile Selassie Road Dar-es- Salaam Tanzania and registered office House no 1,Block 74 Plot no 5 Livingstone/Mchikichi Road, Kariakoo,Ilala Dar es Salaam.

1.2 “Access Channel” shall mean the method used by the Customer to access the AzamPesa Account which includes the smartphone application available on the google play store and USSD.

1.3 “AzamPesa Services” or “Services” refers to stored value digital wallet services offered by AzamPesa Tanzania Limited through the licence granted by Bank of Tanzania and the Tanzania Communications Regulatory Authority. AzamPesa Services are governed by:

a) The National Payment Systems Act, 2015 & Regulations made there under,

b) The Electronic and Postal Communications Act, 2010.

1.4 “Charge(s)” or “Service Charge” shall mean the charges which AzamPesa may levy upon the Customer in consideration for enrolling for the AzamPesa Services.

1.5 “Customer” shall mean user of AzamPesa services above the age of 18 years who is registered to use AzamPesa Services and who has accepted these Terms and Conditions and has access to the application that supports AzamPesa Services.

1.6 “KYC” stands for Know Your Customer and refers to the various norms, rules, laws and statutes issued by BOT and TCRA from time to time under which the AzamPesa is required to procure personal identification details and authorization from the Customer as may be required at the time of enrolling for AzamPesa Services and/ or on a later date, for availing and / or continuation of the AzamPesa Services.

1.7 “Merchant Establishment” shall mean and include physical merchants, remote merchants, electronic commerce merchants, mobile commerce merchants and/or any other merchants who have been authorized by the AzamPesa to accept payment for goods or services or financial services using the AzamPesa Account.

1.8 “M-PIN” shall mean the secret password used to secure AzamPesa account without knowledge of which the AzamPesa Account may not be operable.

1.9 “Registration Form” shall mean the digital form to be completed in writing by the customer along with necessary supporting documents, as required by AzamPesa for enrolling for the AzamPesa Services.

1.10 “Transaction” shall mean any credit and debit of money balance in the Customer’s AzamPesa Account including but not limited to financial services or payment for purchase of goods or services at all identified Merchant Establishments.

1.11 “Trust” means THE REGISTERED TRUSTEES OF AZAMPESA TRUST FUND formed by AzamPesa and registered under the Trustees Act, Cap 328 as amended time to time.

1.12 “Trustee” means a person serving in the capacity of trustee of the Trust from time to time.

1.13 “USSD” means Unstructured Supplementary Services Data and refers to a method of accessing and using the AzamPesa Account, i.e. by dialing (*150*08#) a specified short code from the mobile number to access AzamPesa Services.

1.14 “Wallet to Wallet Transfer” refers to a facility provided by AzamPesa whereby an AzamPesa wallet can transfer funds to any other AzamPesa wallet.

1.15 “Wallet to Bank Transfer” refers to a facility provided by the AzamPesa whereby an AzamPesa wallet can transfer funds to various Bank’s account.

1.16 “Sharia trust account” refers to bank account opened by AzamPesa Trust Fund which adhere with Islamic principles and generate profit, where the Trust Fund is not invested in Haram (prohibited).

1.17 Sharia Wallet refers to a digital wallet whose funds are kept in Shariah Trust account.

1.18 Conventional Wallet refers to digital wallet whose funds are kept in Conventional trust account.

Interpretation

2.1 All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.

2.2 Words importing any gender include the other gender.

2.3 Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

2.4 All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.

Commencement

These terms and conditions shall apply to the Customer immediately upon subscription of the AzamPesa Services and shall continue in force at all times the Customer shall be using AzamPesa Services until and unless his or her account is closed.

Documentation

4.1 The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and AzamPesa reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. AzamPesa reserves the right to discontinue services/ reject applications for AzamPesa Services at any time if there are discrepancies in information and/or documentation provided by the Customer.

4.2 Any information provided to AzamPesa with the intention of securing AzamPesa Services shall vest with AzamPesa, and may be used by AzamPesa, for any purpose consistent with any applicable law or regulation, at its discretion.

4.3 For any information provided by the Customer to AzamPesa for any purpose, via any medium, Customer is solely responsible for the correctness of that information. If the information provided by Customer is found to be incorrect or erroneous, AzamPesa holds no responsibility and is not liable for any consequences that the information may carry. If the Customer finds out any information related to his/her account is incorrect or erroneous, he or she can reach out to AzamPesa to notify the same. If AzamPesa finds out that the information provided by Customer is false or erroneous, AzamPesa holds the right to terminate the Customer’s account and forfeit the amount lying in the account. AzamPesa shall submit to the Bank of Tanzania the forfeited amount, and the Bank of Tanzania shall treat such amount in accordance with the prevailing laws.

General conditions of AzamPesa service

5.1 The Customer will be issued, Account immediately after successful registration. A customer can choose to have a sharia wallet or conventional wallet when using the Azampesa wallet.

5.2 The Customer may credit the AzamPesa Account through any of the methods mentioned at www.azampesa.co.tz. The list of cash-in outlets, limits and methods of crediting AzamPesa Account are subject to change as per discretion of AzamPesa without any prior intimation to the Customer.

5.3 Any outstanding credit in the AzamPesa Account must be utilized only to make payments for bona-fide Transactions.

5.4 AzamPesa Services are not transferable.

5.5 AzamPesa reserves the right to suspend/discontinue AzamPesa Services at any time, for any cause, including, but not limited, to the following-

a) For any suspected discrepancy in the particular(s), KYC details or Registration Form provided by the Customer;

b) To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure reasons etc; If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.

c) If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

d) For any suspected violation of the rules, regulations, orders, directions, notifications issued by BOT and TCRA from time to time or for any violation of the Terms and Conditions mentioned in herein;

e) If AzamPesa believes, in its reasonable opinion, that cessation/ suspension is necessary.

5.6 AzamPesa may as per its discretion introduce appropriate controls including but not limited to revised AzamPesa Account limits. AzamPesa may further request the Customer / beneficiaries of the AzamPesa Services to provide additional KYC details as part of ongoing monitoring and Customer due diligence.

Billing and payment

6.1 The Customer shall pay the Service Charges prescribed by AzamPesa in the form and manner prescribed for such payment. AzamPesa may at its discretion, change, amend, increase, modify or reduce the Service Charges from time to time with due notification to the Customer. For schedule of Services Charges please refer company website (www.azampesa.co.tz) or call the AzamPesa Customer care centre.

6.2 Any value in the AzamPesa Account that is utilized towards making payments for any Transaction shall be automatically debited from the AzamPesa Account. AzamPesa’s responsibility is limited to debiting of the AzamPesa Account and subsequent payment to any Merchant Establishment including financial services or transfers to the Bank

TRUSTEE OVERSIGHT ON TRUST AMOUNT

7.1 AzamPesa formed a Trust as required by existing laws and regulations which hold all payments or transfer of electronic money into your account as a trust deposit for you, and you shall be entitled to all those amounts standing to the credit of account. You acknowledge and approve for the trustees to maintain and hold the trust amounts into bank account approved by the trustees.

7.2 Trustee’s obligation is for safekeeping the trust deposit and not to invest. However, in case the trust amounts generate any income, you shall have beneficial entitlement to such income share to the extent determined by Trustees and approved by Bank of Tanzania.

7.3 You acknowledge that any income share paid to you from time to time as determined by Trustees shall be final.

Customer obligations

8.1 The Customer must ensure the availability of sufficient funds before executing any Transaction from the AzamPesa Account.

8.2 The Customer shall be solely responsible for the confidentiality, safety and security of the password. The Customer shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of AzamPesa Service. In case the password is lost or misplaced, The Customer shall promptly inform AzamPesa by calling at the Customer care centre where after the password will be barred and a new password will be issued to the Customer after necessary validation. In case the mobile phone associated with the AzamPesa Services is lost/stolen/misplaced/ no longer in the Customer’s control or possession or operational, the Customer shall promptly inform AzamPesa.

8.3 The Customer shall intimate AzamPesa about change in any information, including but not limited to change in address etc. within one week along with such proof of change as per the KYC documents and further provide any information and document that AzamPesa may request from time to time.

8.4 The Customer shall not use AzamPesa Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, the AzamPesa policy or public policy or for any purpose that might negatively prejudice the goodwill of AzamPesa Services.

8.5 The Customer acknowledges and understands that AzamPesa Services are linked to the mobile phone and the Customer shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile.

8.6 The Customer shall ensure that the AzamPesa Services are not used for Transactions in foreign currency.

Confidentiality

9.1 Privacy of communication is subject to the terms of the permission granted by the BOT and TCRA notifications/directives etc. The Customers specifically agree that in order to facilitate the provision of AzamPesa Services, AzamPesa may be required to disclose any information or particulars pertaining to the Customer to any authority, statutory or otherwise.

9.2 The user interfaces, graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the AzamPesa Service provided by AzamPesa (the “Materials”) are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights.

9.3 Any information relating to the Customer is generally used to provide the AzamPesa Services, improve the AzamPesa Services and otherwise.

Disclaimer of liability

10.1 AzamPesa makes no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the AzamPesa Services, which are not expressly mentioned herein.

10.2 AzamPesa shall not be responsible for any acts or omissions of any third party including distributors/retailers/merchants etc., with regard to services which are not expressly authorized by AzamPesa.

10.3 AzamPesa shall not be liable to any person for any delays, loss of business, profit, revenue or goodwill, anticipated savings, damages, fees, costs, expense, etc. or for any indirect or consequential loss, howsoever arising, on AzamPesa Account being unavailable/usage of the AzamPesa Services or otherwise.

10.4 The Terms and Conditions herein shall be subject to the notifications/ guidelines issued by BOT, TCRA and PDPC from time to time.

10.5 AzamPesa will do its best to ensure that Customer Transactions and information remain secure and confidential. AzamPesa makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the use of the AzamPesa Services.

Indemnity

The Customer agree to indemnify, defend and hold AzamPesa and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of the AzamPesa Services, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants.

Additional terms and conditions

12.1 Any dispute with or complaint against any Merchant Establishment or financial services company or banks must be directly resolved by the Customer with the Merchant Establishment or financial services company or bank. It is clarified that AzamPesa shall not be responsible or liable for any deficiency in goods and/or services purchased using AzamPesa Services. Customers are instructed to satisfy themselves regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

12.2 In the event of any dispute, AzamPesa records shall be binding as the conclusive evidence of the transactions carried out through use of AzamPesa Services.

12.3 AzamPesa shall send all Customer communications by SMS and the SMS shall be deemed to have been received by the Customer after they have been submitted for delivery to the mobile phone operator. AzamPesa, at its own discretion, may also contact the Customer, for all purposes necessary for providing & improving the AzamPesa Services and suggesting any additional services.

12.4 The Customer agrees to receive all commercial messages including transactional messages from AzamPesa.

12.5 By agreeing to the Terms and Conditions, user agrees that the details mentioned in the KYC are to be considered as final details for AzamPesa Account.

Change of terms

13.1 AzamPesa has the sole discretion to change, add / or delete these Terms and Conditions.

13.2 AzamPesa may modify, terminate and/or suspend AzamPesa Services to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.

13.3 Any amendment of these Terms and Conditions proposed by the Customer shall not be effective unless it shall be reduced to writing through an amendment form and accepted by AzamPesa. Amendments made under this clause shall be deemed to be a part of these Terms and Conditions and in case of any contradiction the amendment form accepted by the AzamPesa shall prevail.

13.4 Changed Terms and Conditions will be displayed on the AzamPesa’s website or sent through SMS, USSD etc.

Severability

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 remain provisions of the terms and conditions.

Customer acceptance

i) I hereby declare that I am a citizen and or resident of the United Republic of Tanzania.

ii) I certify that the information provided by me above as applicable to me by me as well as in the documentary evidence provided by me are, to the best of my knowledge and belief, true, correct and complete and that I have not withheld any material information that may affect the assessment/categorization of my wallet Account. I undertake the responsibility to declare and disclose within 7 days from the date of change, any changes that may take place in the information provided by me, as well as in the documentary evidence provided by me or if any certification becomes incorrect and to provide fresh and valid self- certification along with documentary evidence.

iii) I also agree that my failure to disclose any material fact known to me, now or in future, may invalidate me from transacting in the wallet Account and AzamPesa would be within its right to put restrictions with respect to the operations of my wallet Account or close it or report to any regulator and/or any authority designated by the Government of Tanzania /BOT/TCRA for the purpose or take any other action as may be deemed appropriate by AzamPesa, under the guidelines issued by BOT/TCRA from time to time, if the deficiency is not remedied by me within the stipulated period.

iv) I also agree to furnish and intimate to AzamPesa any other particulars that are called upon me to provide on wallet Account of any change in law either in Tanzania or abroad in the subject matter herein.

v) I agree to abide by the AzamPesa’s Terms and Conditions and rules in force and the changes thereto in T&Cs from time to time relating to my Account as communicated and made available on the AzamPesa’s website.