TERMS & CONDITIONS

 

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 registered office, Plot No. 208, Oysterbay street, Haile Selassie Road Dar-es- Salaam Tanzania.

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:

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

The Electronic and Postal Communications Act, 2010.

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

“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.

“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.

“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.

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

“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.

“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.

“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.

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

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

 

GENERAL CONDITIONS OF AZAMPESA SERVICE

5.1 The Customer will be issued, Express Account immediately after successful registration.

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-

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

1. To combat potential fraud, sabotage, willful 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.
2. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
3. 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;
4. 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 center.

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

 

CUSTOMER OBLIGATIONS

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

7.2 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 center 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.

7.3 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.

7.4 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.

7.5 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.

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

 

CONFIDENTIALITY

8.1 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.

8.2 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.

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

 

DISCLAIMER OF LIABILITY

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

9.2 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.

9.3 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.

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

9.5 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

11.1 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. Customer is instructed to satisfy themselves regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

11.2 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.

11.3  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.

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

11.5  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

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

12.2 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.

12.3 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.

12.4 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

1. I hereby declare that I am a citizen and or resident of the United Republic of Tanzania.
2. 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.
3. 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.
4. 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.

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.

 

 

OUR PRIVACY POLICY

 

PURPOSE OF POLICY

The purpose of this policy is to state how Azampesa collects, handles, process and protect data of our customers. It entails how we collect and use personal data we received about you, as well as as your rights to that personal data when you visit our App.

 

CHANGES TO OUR PRIVACY POLICY

This Privacy Policy gets updated from time to time, whenever we make a change. We will post this on our website and let you know.

 

HOW TO USE THIS PRIVACY POLICY

In this policy, we explain how we collect, use, share and protect your personal information when you use our products and services and our website.

 

WHO WE ARE 

We are Azampesa Limited Company. In this privacy policy:

 

• “we/us” means mean Azampesa Tanzania Limited;
• “third party” means someone who is not you or us; and

 

Our registered offices are Block 4, Plot no 208 Haile Selassie Road Masaki.We are registered in the United Republic of Tanzania number 139198018.

 

HOW TO CONTACT US

Your opinion matters to us – if you have any questions about our privacy policy, you can email us at: customercare@azampesa.co.tz or through our customer care numbers: 0800785555

 

OUR PRINCIPLES

Azampesa Tanzania Limited is committed to respecting your privacy. We take privacy, security and complying with data protection and privacy laws seriously.

 

INFORMATION COLLECTION & USE

Personal information we collect about you

The information we collect about you and how we collect it can vary depending on the products and services that you use and subscribe to, how you have used the products and services, how you have interacted with Azampesa Limited even if you are not a customer, or what we have obtained from a third party with permission to share it with use.

 

For What purpose do we process your personal data?

Azampesa may process your personal data for any of the following purposes

Adequate provision of services: This includes all activities aimed at analyzing and developing the feasibility and execution of the Azampesa’s service, such as: determination of consumption, maintenance and improvement of services and the Web Portal, customer service, customization of content, services and offers, business plans, customer satisfaction, creation of databases, analysis of information and data, creation of key performance indicators (KPI) applications, billing, security, quality control and, in general, all information necessary to comply with our product or service contracts, as well as applicable laws and regulations.

 

Azampesa’s Legitimate Business Purposes/interests: Includes any activity aimed at presenting offers, promotions, products, advertisements, opportunities, sweepstakes, campaigns, loyalty programs, customer retention and, in general, information on new products and services, already requested or contracted, or that may be of interest to customers and users. This is not limited to fraud prevention, maintaining the security of our services and network. Additionally, in some cases you have the right to object to this processing. For more information, visit your rights section of this policy.

 

Relationship with target audience. Includes all activities oriented to the management of relations with our affiliates and subsidiaries, shareholders, authorities and community in general, in accordance with the current legal framework, in the development of business management for the adequate fulfillment of the corporate purpose.

 

Legal Purposes: includes any treatment justified by the need to comply with applicable legal requirements, such as meeting a requirement of a governmental or administrative entity in the exercise of its functions or by order of a competent judicial authority, or to protect the rights, property or safety of Azampesa as well as the safety of our customers, employees and the general public.

 

Consent you Provide: Where Azampesa is not bind by legal requirement. Onset maybe withdrawn at any time

NB: Azampesa does not sell any information to third parties.

 

We will collect your personal information when you, for example:

 

Register with Azampesa for a specific product or service

Buy or use any of our products and services;

Subscribe to newsletters, alerts or other services from us;

Contact us through various channels, or ask for information about a product or service;

Take part in a competition, promotion, prize draw or survey;

Visit or browse our website or other Vodacom websites;

Have given permission to other companies, such as our business or joint-venture partners as well as our third- party suppliers or contractors, to share information about you;

Where your information is publically available; or

Are the customer of a business that we acquire?

 

We also collect information from certain organizations, where appropriate and to the extent we have legal grounds to do so. These include fraud-prevention agencies, business directories, credit check reference/vetting agencies, billing calculating agencies and connected network providers.

 

What personal data do we collect about you?

In order to provide you with products or services, or access to our App and Portal, Azampesa may collect the following personal data:

registration information: your full name, age, telephone number, e-mail address, mailing address, payment information, billing address or username and password.

Your traffic data. This is data we see as part of providing you with the services like the number you use to send or receive money /the number used to send you money, date and time of transaction

information about your use of the Portal or App: the network address and operating system of your computer, type of browser used, the website from which you linked to our site, your activity on our Portal, as well as your viewing history, the time and date you visited and purchased products and services through the Portal.

information about your location.

mobile application information based on the websites visited and applications downloaded from the Azampesa network.

In addition, Azampesa informs you that it does not request or process, to the best of its knowledge, personal data of minors under the age of 18.

 

How do we collect your Personal Data?

We obtain your personal data either because you provide it directly to us ( e.g your register through our Portal like USSD or App or subscribe to receive news and information from Azampesa or contact us for any reason via email, telephone or by written means or personally at any our business premises or offices)we obtain it through third parties or it public information.

 

What are your rights regarding the processing of your personal data?

You can ask Azampesa about your personal data as well as request access to or correction of your personal data. You can also object to Azampesa using your personal data to send you advertising content. You can contact us via the contact information provided at the end of this Policy. You can also access or rectify your personal data through contacting us with our customer services information shown below.

 

How we use your personal information?

We will use your personal information for the following purposes:

 

To provide you with our service

Processing your order and provide you with our products and service

To process the products and services you’ve bought from us, and keep you updated with the progress of your order;

Billing and Customer Care

To bill you for using our products and services, or to take the appropriate amount of credit from you;

Contact you if the billing information you provided us with is about to expire or we’re not able to take payment;

To respond to any questions or concerns you may have about our network, products or services.

 

To improve our service

Improving and innovating our products and services

We collect anonymous, de-identified or aggregate information in order to improve the service we offer to everyone. None of these analytics are linked back to you in any way.

Manage our mobile money platform and understand mobile money usage to protect our core mobile money platform and manage the volumes of transactions via USSD, our App. For example, we identify peak periods of use so we can try and ensure the platform can handle the volume at those times;

To understand how you use   mobile money features & products and services. That way we can seek to review, develop and improve these, develop more interesting and relevant products and services, as well as personalizing our products and services.

 

Marketing & tailoring our service to you

 

Marketing

As our customer, we will keep you informed generally about new products and services, send you newsletters or white papers, invite you to participate in a survey or let you know about offers, promotions, prize draws or competitions. We tailor these messages based on the sorts of products and services you’ve bought from us (for example, we know not to market to you if you’re in the middle of your phone contract).

We can further tailor these messages using your calling and messaging activities, location information and

browsing information, if you have authorized that we process this information for this purpose;

We’ll contact you by post, online, phone or push notifications through our apps.

You can control your Marketing permissions and the data we use to tailor these communications at any time when receiving marketing messages.

 

Profiling

We will sometimes need to profile you, for credit, fraud and security purposes.

Credit checks and ID

We will carry out a credit check when you apply for a contract for any products or services with us.

We will also use your personal information for identity verification purposes, for access to your account and for general account management. We sometimes supplement the information we collect about you with information from other sources to assess the accuracy of the information that we hold;

 

Fraud Prevention & Security

We will process your traffic data in order to protect against and detect fraud, to protect and detect misuse or damage to our networks, to recover debts or trace those who owe us money resulting from the use of our services

Fraud management and law enforcement

We will release information if it’s reasonable for the purpose of protecting us against fraud, defending our rights or property, or to protect the interests of our customers.

We also may need to release your information to comply with our legal obligation to respond to the authorities’ lawful demands. Your personal data shall only be provided when we in good faith believe we are obliged to do so in accordance with the law and pursuant to an exhaustive evaluation of all legal requirements

 

With whom do we share your personal data?

In compliance with applicable laws, the recipient of your personal data is Azampesa, who is also responsible for guarding and storing your personal data. However, Azampesa may share your personal data with third parties who provide services to Azampesa such as storage services, order fulfillment, collection and shipping, surveys, customer service, or advertising. In addition, Azampesa may share your personal information with other Azampesa entities, or in the event of a merger, acquisition, sale of company assets, or transition of service to another provider. Azampesa may share your personal data with other jurisdictions that have data protection laws other than those established in Tanzania, by written order of a competent judicial authority or where permitted in compliance with the law.

The use and communication of personal data will be made through physical and electronic security systems and reasonable procedures to prevent alteration, accidental or unlawful destruction, loss, or unauthorized processing or access to your personal data

 

How long we keep your personal information for?

We’ll store your information for as long as we have to by law. If there’s no legal requirement, we’ll only store it for as long as we need to.

 

Applicable law and jurisdiction

The interpretation, use, scope and termination of this Notice is governed by the laws of the United Republic of Tanzania and, in case of dispute, the courts of Tanzania will have exclusive jurisdiction.