Terms and conditions for the opening of C-Pay account
1. THE AGREEMENT
1.1. This Agreement sets out the complete Terms and Conditions (hereinafter referred to as ” Terms and Conditions”) which shall be applicable to the CHAPERONE wallet (as hereinafter defined) opened by you (as hereinafter defined) with Chaperone Limited.
1.2. The Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
2.1. In the Terms and Conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:
2.1.1. “CHAPERONE wallet” means a mobile money wallet held by a Customer with Chaperone Limited which is opened and operated in accordance with the terms and conditions herein contained;
2.1.2. “Bank Account” means any type of account held by a Customer at any Bank and which is opened and operated in accordance with the Terms and Conditions of a licensed Financial Institution;
2.1.3. “Bank” means a licensed Financial Institution operating within the Kingdom of Lesotho;
2.1.4. “CHAPERONE Trust Account ” means the Trust Account held by Chaperone Limited with any licensed Financial Institution in Lesotho in which the monies are held in trust for all users of the CHAPERONE services;
2.1.5 “Central Bank” means the Central Bank of Lesotho an institution established in terms Act No. 2 of 2000 that regulates the Mobile Money Operations in Lesotho;
2.1.6 “Credit Bureau” means any duly licensed institution established in terms of the Credit Report Act No.1 of 2011 Governing Credit Information Systems in Lesotho to inter alia, collect and facilitate the sharing of customer credit information;
2.1.7. “Customer” means the person in whose name the e-wallet with Chaperone Limited is existing;
2.1.8. “Customer Care Centre” means any CHAPERONE Customer service call center that can be accessed using a customer mobile device and any Chaperone Store or Such other CHAPERONE retail outlets or other outlets as may be notified to the Customer by CHAPERONE from time to time;
2.1.9. “E-Money” means the electronic monetary value depicted in your CHAPERONE Mobile Money wallet representing an equal amount of cash;
2.1.10. “Equipment” includes your mobile phone handset, and/or other equipment which when used together enables you to access the Chaperone platform;
2.1.11. “NIDA” means the National Identification Agency set up and maintained by the Government of Lesotho under the Ministry of Internal Affairs;
2.1.12. “INACTIVE PERIOD” means such minimum period of time not less than seven (7) months during which a customer has not made any billable activity on the mobile or other devices connected to the
CHAPERONE network or such other period communicated by the CHAPERONE from time to time.
2.1.13. “CHAPERONE Menu” means the CHAPERONE Menu of the services that can be accessed over the CHAPERONE mobile money System;
2.1.14. “CHAPERONE MOBILE MONEY wallet” means your mobile money store of value, being the record maintained by CHAPERONE of the amount of E- Money from time to time held by you in the CHAPERONE MOBILE MONEY System;
2.1.15. “CHAPERONE MOBILE MONEY Service” means the money cash-in, cash out, transfer and payments service provided by CHAPERONE LIMITED through the CHAPERONE MOBILE MONEY System;
2.1.16. “CHAPERONE MOBILE MONEY System” means the system operated by CHAPERONE in the Kingdom of Lesotho for the provision of the CHAPERONE MOBILE MONEY Service using the Network;
2.1.17. “CHAPERONE MOBILE MONEY PIN” means your personal identification number being the secret code used to access and operate the CHAPERONE MOBILE MONEY System and your CHAPERONE wallet;
2.1.18. “CHAPERONE MOBILE MONEY Subscriber” means any person registered to use the CHAPERONE MOBILE MONEY System to send or receive money or make cash-in and cash-outs and any other payments;
2.1.19. “Request” means a request or instruction received by CHAPERONE from
you or purportedly from you through the USSD and the System and upon which CHAPERONE is authorized to act;
2.1.20. “Services” shall include any form of services or products that are provided in Lesotho for which payments can be made using the CHAPERONE platforms that you as a subscriber may from time to time subscribe to and “Service” shall be construed accordingly;
2.1.21. “USSD An Unstructured Supplementary Service Data means the subscriber identity module which when used with the appropriate mobile phone handset and mobile phone sim-card allows you to access and to use the CHAPERONE MOBILE MONEY System;
2.1.22. “SMS” means a short message service consisting of a text message transmitted from one mobile phone to another;
2.1.23. “System” means the CHAPERONE mobile money communications software enabling the Customer to communicate with CHAPERONE for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the CHAPERONE Mobile Money System;
2.1.24. “Transaction Fees” includes any Fee and charges payable for the use of the Services as published by CHAPERONE on the CHAPERONE website and/or notified to you / the public by such other means as CHAPERONE shall in its sole discretion determine. Transaction Fees are subject to change at any time at the CHAPERONE’S sole discretion subject to Approval by the Central Bank of Lesotho;
2.1.25. “We,” “our,” and “us,” means CHAPERONE LIMITED and includes the successors and assigns of the Bank; “You” or “your” means the Customer and includes the service providers of the Customer;
2.2. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;
2.3. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.4. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1. Before applying to open the CHAPERONE wallet via the CHAPERONE MOBILE MONEY System you should carefully read and understand the Terms and Conditions which will govern the use and operation of the CHAPERONE wallet.
3.2. You will be deemed to have read, understood and accepted to be bound by these Terms and Conditions:
3.2.1. By using or continuing to use and operate the CHAPERONE wallet.
3.3. By subscribing to open the CHAPERONE wallet, you agree to comply with and be bound by these Terms and Conditions for the time being and as may be varied, revised, amended or substituted from time to time and such other terms and conditions governing the operation of the CHAPERONE wallet and you affirm that these Terms and Conditions herein are without prejudice to any right that CHAPERONE may have with respect to the CHAPERONE wallet in law or otherwise.
3.4. The Terms and Conditions may be amended, revised, substituted or varied by CHAPERONE from time to time at its sole discretion and the continued use of your CHAPERONE wallet constitutes your agreement to be bound by the terms of any such amendment revision, substitution or variation.
3.5. You acknowledge and accept that CHAPERONE offers the CHAPERONE wallet Account only over its mobile money platforms and you agree to do your transactions through the CHAPERONE Mobile systems via the CHAPERONE Menu on the CHAPERONE MOBILE MONEY System.
3.6 Any query and complaint you may have relating to the Services shall be addressed to CHAPERONE through the CHAPERONE Customer Care Centre whose details appear on the CHAPERONE website. These include and are not limited to balance queries. CHAPERONE undertakes and commits to a prompt response to any lodged enquiries, complaints, claims for refunds and settlement of disputes.
4. OPENING A CHAPERONE WALLET
4.1. In order to open a CHAPERONE Wallet, you must be at least 16 years old. CHAPERONE reserves the right to verify the TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE CHAPERONE E-WALLET authenticity and status of your CHAPERONE MOBILE MONEY Wallet.
4.2. You may open a CHAPERONE wallet by way of the USSD application made by you using your mobile handset and sim-card into the System.
4.3 You hereby agree and authorize CHAPERONE to request your personal information pursuant to the agreement between you and CHAPERONE for the provision of CHAPERONE services and products including your phone number, name, date of birth, ID or Passport Number and such other information that will enable the CHAPERONE to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).
CHAPERONE is committed towards ensuring safe operations and customer privacy and hereby undertakes to treat with confidentiality, all collected personal information of its customers. This includes limiting access to the said information to only its employees relevant to the execution of the customer’s mandate, as well as using the information only for the purpose for which it was collected. Notwithstanding, while CHAPERONE shall not disseminate the customer’s information to any third party without prior consent of the customer, such disclosure may be made without prior consent subject to an obligation CHAPERONE has under any law or upon a legitimate request from a relevant authority.
4.4. Acceptance by CHAPERONE of your application for a CHAPERONE wallet shall be done via SMS sent to the CHAPERONE Mobile Phone Number associated with your CHAPERONE MOBILE MONEY Account.
4.5. CHAPERONE reserves the right to decline your application for a CHAPERONE wallet Account or to revoke the same at any stage at its sole discretion and without assigning any reason thereto.
5. ACTIVATION AND CUSTOMER TRANSACTIONS
5.1 All instructions to CHAPERONE to activate, manage and operate the CHAPERONE wallet and to move money to and from your wallet shall be made by you through the CHAPERONE System Menu.
5.2 To activate your CHAPERONE Account, you must select such option as shall be provided on the CHAPERONE MOBILE MONEY System Menu.
5.3 Upon activation you will receive an SMS confirming activation, and you shall receive SMS notifications for any transactions made for your e-wallet cash-ins, cash-outs, payments and transfers. The SMS notifications will notify you of the balances in your e-wallet account.
5.4 You may check the balances of the funds in your e-wallet by way of the Check Balance option or such other option made available for that purpose on the CHAPERONE System Menu using your mobile subscriber number to access the USSD System OR THE CHAPERONE APPLICATION which will direct you messages for the options you want to view on your e-wallet. A pop up message or an SMS disclosing the balance in your e-wallet will reflect confirmation of your balances, transfers, and any other transactions on your e-wallet account.
5.5 In the event that your CHAPERONE E-WALLET is inactive for a period of not less than 7 months your wallet maybe suspended.
5.6 If your account is suspended because of 5.5 above, you can contact CHAPERONE LIMITED to be re-activated.
6. TRANSACTION FEES
Transaction fees payable to CHAPERONE for transactions effected in respect of your CHAPERONE wallet from time to time will apply to any transactions effected in respect of your Account using the CHAPERONE MOBILE MONEY System.
6.1. You hereby agree to pay all Transaction Fees payable in connection with your use of the Services.
6.2. You acknowledge and agree that CHAPERONE is entitled to deduct from your E-wallet Account (without reference to you) any transaction fees for the chargeable services.
7. IRREVOCABLE AUTHORITY OF CHAPERONE
7.1. You hereby irrevocably authorize CHAPERONE to act on all requests received from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
7.2. If you request CHAPERONE to cancel any transaction or instruction after a request has been received from you, you accept that any such cancellation / reversal can only be effected where the funds have not been accessed by the beneficiaries as authorized by you.
7.3. CHAPERONE is authorized to effect such orders in respect of your CHAPERONE wallet Account as may be required by any court order or competent authority or agency under the applicable laws.
7.5. In the event of any conflict between any terms of any request received by CHAPERONE from you and these TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE CHAPERONE E-WALLET, these Terms and Conditions shall prevail.
8. CUSTOMER’S EQUIPMENT AND CUSTOMER’S RESPONSIBILITIES
8.1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
8.2. You shall be responsible for ensuring the proper performance of your Equipment. CHAPERONE shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall CHAPERONE be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to in connection with your telecommunication access.
8.3. You shall follow all instructions, procedures and terms contained in the Terms and Conditions and any document provided by CHAPERONE concerning the use of the System and Services.
8.4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your mobile Equipment and for keeping your CHAPERONE MOBILE MONEY PIN secret and secure. You shall ensure that your CHAPERONE MOBILE MONEY PIN does not become known or come into possession of any unauthorized person. CHAPERONE shall not be liable for any disclosure of your MOBILE MONEY PIN to any third party and you hereby agree to indemnify and hold CHAPERONE harmless from any losses resulting from any MOBILE MONEY PIN disclosure.
8.5. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from CHAPERONE are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.
8.6. You shall immediately inform CHAPERONE through the Customer Care Centre in the event that:
8.6.1. You have reason to believe that your MOBILE MONEY PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or
8.6.2. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
8.7. You shall at all times follow the security procedures notified to you by CHAPERONE from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your CHAPERONE wallet Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.
8.8. You shall not at any time operate or use the Services in any manner that may be prejudicial to CHAPERONE LIMITED.
9. EXCLUSION OF LIABILITY
9.1. CHAPERONE shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the CHAPERONE’s control including, without limitation, force majeure or error, interruption, delay or non- availability of the System, equipment failure and failure of telecommunications system.
9.2. CHAPERONE will not be liable for any losses or damage suffered by you as a result of or in connection with:
9.2.1. The insolvency of CHAPERONE;
9.2.2. Lost or stolen electronic instruments;
9.2.3. Fraudulent transactions;
9.2.4. Illegally loaded mobile money;
9.2.5. Malfunctioned e-money instruments;
9.2.4. Unavailability of sufficient funds in your MOBILE MONEY Account and/or in your CHAPERONE Account;
9.2.5. Failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, MOBILE MONEY System and/or MOBILE MONEY Service;
9.2.6. The money in your CHAPERONE wallet Account being subject to legal process or other encumbrance restricting payments or transfers thereof;
9.2.7. Your failure to give proper or complete instructions for payments or transfers relating to your CHAPERONE e-wallet Account; any fraudulent or illegal use of the Services, the System and/or your Equipment; or Your failure to comply with the Terms and Conditions and any document or information provided concerning the use of the System and the Services.
9.3. If for any reason other than a reason mentioned in subparagraphs 9.1 or 9.2, the Services are interfered with or unavailable, CHAPERONE sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
9.4. Save as provided in subparagraph 9.3 CHAPERONE shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
9.5. Under no circumstances shall CHAPERONE be liable to you for any loss of profit or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to CHAPERONE.
9.6. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in the System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that CHAPERONE provides to you through the System or otherwise are vested in CHAPERONE or in other persons from whom CHAPERONE has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of CHAPERONE.
11.1. In consideration of CHAPERONE complying with your instructions or Requests in relation the CHAPERONE wallet Account, you undertake to indemnify CHAPERONE and hold it harmless against any loss, charge, damage, expense, fee or claim which CHAPERONE suffers or incurs or sustains thereby and you absolve CHAPERONE from all liability for loss or damage which you may sustain from CHAPERONE acting on your instructions or requests or in accordance with these Terms and Conditions.
11.2. The indemnity in clause 11.1 shall also cover the following:
11.2.1. All demands, claims, actions, losses and damages of whatever nature which may be brought against CHAPERONE or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, any other event beyond CHAPERONE control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by CHAPERONE.
11.2.2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs.
11.2.3. Any unauthorized access to your CHAPERONE e-wallet Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your mobile Equipment.
11.2.4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by CHAPERONE as a consequence of any breach by the Terms and Conditions.
11.2.5. Any damages and costs payable to CHAPERONE in respect of any claims against CHAPERONE to recompense for loss where the particular circumstance is within your control to CHAPERONE’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
11.2.6. To CHAPERONE in connection with the MOBILE MONEY Service and the Services;
11.2.7. For reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and 11.2.8. In business practices including but not limited to quality control, training and ensuring effective systems operation.
12. MISCELLANEOUS TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE CHAPERONE E-WALLET
12.1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.
12.2. This Agreement and any rights or liabilities accruing there under may not be assigned by you to any other person.
12.3. CHAPERONE may vary or amend at any time and on 21 days’ notice to you these Terms and Conditions and the Transaction Fees. Any such variations or amendments may be published in posters or pamphlets available at CHAPERONE’s Agents, Store Outlets, on the CHAPERONE’s website and/or by any other means as determined by CHAPERONE and any such variations and amendments shall take effect immediately upon publication.
12.4. No failure or delay by either yourself or CHAPERONE 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.
12.5. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
12.6. If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.
12.7. Any addition or alteration to these Terms and Conditions may be made from time to time by CHAPERONE and of which notice has been given to you by way of publication as provided in subparagraph 12.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.
3.1.1. CHAPERONE may send information concerning the CHAPERONE wallet Account via SMS to the Mobile Phone number associated with your MOBILE MONEY Account.
13.1.2. You acknowledge that you have no claim against CHAPERONE for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the CHAPERONE Account.
13.ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING
To comply with and/or meet our reporting requirements in terms of applicable laws, regulations, requests by authorities, directives, international best practice and policies relating to anti-money laundering, counter-terrorist financing, CHAPERONE may be required to report any suspicious transactions to the relevant authorities.
To this end, CHAPERONE employees may intercept and investigate any payment messages and/or other information or communications sent to or by you, and/or on your behalf and delay, block and or refuse to make any payment and payment screening, which in turn may cause a delay in the processing of certain information.
CHAPERONE will not be liable for any loss arising out of any action taken or any delay or failure caused by performing any of our duties or other obligations caused in whole or in part by any steps taken as out above. You agree not to make any finance we provided to you available to individuals or institutions for purposes of any illegal activity.
CHAPERONE reserves the right, subject to applicable law, to terminate the services/account/product/service and your right to use the account/product at any time and for any reason, including, without limitation, if we in our sole judgement, believe that you are/have been involved in conduct or activities that violate any of the terms and conditions or our rights or if you provide us with false or misleading information.
Should the customer breach or fail to comply with its obligations under these Terms and Conditions or any other agreement, CHAPERONE may without notice, cancel the agreement and withdraw such agreement with immediate effect without prejudice to our rights to recover any amounts due to us in terms of such agreement and any loss or damage suffered by us because of the customer’s breach.
Notwithstanding anything to the contrary, either party may terminate the agreement at any time by giving 30 days’ notice to the other party, except that in the event of any change in any law or the application thereof which would prejudice CHAPERONE should we continue with the any agreement, CHAPERONE may terminate such agreement on 48 hours’ written notice.
For any disputes arising out of these Terms and Conditions, both the user and CHAPERONE shall settle same within 21 days before an arbitrator jointly appointed by them. Notwithstanding, an urgent interim relief may be sought through instituting legal action in the courts of law pending finalization of the arbitration.
These Terms and Conditions and the agreement governing our relationship will be governed by and construed and interpreted in accordance with the applicable laws of Lesotho.
You hereby consent to the jurisdiction of any court of Lesotho with competent jurisdiction over you in respect of all legal proceedings arising as a result of these Terms and Conditions.
19. RIGHT OF SET OFF
CHAPERONE retains all its common law, equitable and statutory rights of set-off. These rights include, but not limited to, our option to withhold, without notice to you, and to set-off any moneys due to you by us and vice versa, whether under this agreement or otherwise, up to an amount due and owing to us with regard to this agreement and any other agreement with us, including any agreement for a term commencing prior to the term of this agreement, plus any amounts due and owing to us for any other reason, whether such liability is liquidated or unliquidated, present or future, or accrued or contingent. CHAPERONE will exercise its set-off rights in accordance with normal e-money services practices.