VODAFONE CASH CONSUMER TERMS & CONDITIONS OF USE
These are the terms and conditions upon which you may use the Vodafone Cash Services (as defined herein) provided by Vodafone Cash, the acceptance of which constitutes a binding contract between yourself and Vodafone Cash, an independent financial services company incorporated to provide electronic money financial services. When you activate the service you agree to abide by these Conditions of Use. You therefore need to read and fully understand these Conditions of Use and where necessary seek an independent opinion, if you do not agree with them you must not proceed to use the Vodafone Cash Services.
1. DEFINITIONS The following definitions relate to these Conditions of Use:
1.1. “Account” means your Vodafone Cash Account, being the record maintained by us of the amount of E-Money from time to time held by you and represented by an equivalent amount of cash held by Vodafone Cash on your behalf.
1.2. “Agent(s)” means person(s) registered by Vodafone Cash to provide Vodafone Cash Services, details of which may be obtained from Vodafone Cash‘s Head Office.
1.3. “Charges” means the fees and other charges payable under the Conditions of Use for the Vodafone Cash Services.
1.4. “Conditions of Use” means these terms and conditions as may be varied by us from time to time.
1.5. “Credit Balance” means the amount of E-Money held on your account from time to time.
1.6. “Credit Transaction” means any transaction which results in your Account being credited with E-Money as verified by Vodafone Cash;
1.7. “Customer” means you or any other person in whose name an Account for Vodafone Cash Services is registered.
1.8. “Customer Call Centre” Vodafone Ghana Centre which Customers can call to raise issues with Vodafone Cash Services.
1.9. “Debit” means the movement of funds out of your Account.
1.10. “Debit Transaction” means any transaction which results in a Debit of E-Money from your Account as verified by Vodafone Cash.
1.11. “Designated Payee” means any person (including yourself, another Customer or a Merchant) who is designated by you by SMS, to be the recipient of E-Money from your Account.
1.12. “E-Money” means the electronic money issued by Vodafone Cash and representing an entitlement to an equivalent amount of cash monies held by Vodafone Cash in respect of the purchase of such electronic value.
1.13. “Fees” means actual charges for use of the Vodafone Cash Services as published on the Vodafone Cash Website and in Vodafone Cash Outlets which may be varied by us from time to time.
1.14. “Force Majeure” any event including acts of God, Governmental decisions or any causes beyond reasonable control of Vodafone Cash.
1.15. “Goods and Services” means such goods and services as may be purchased from Merchants using Vodafone Cash.
1.16. “IVR” Interactive Voice Response system which customers may use to perform Vodafone Cash Transactions.
1.17. “Merchant” means a seller of Goods and Services who accepts E-Money in payment for Goods and Services.
1.18. “Mobile Equipment” means your Mobile Phone and SIM Card or other equipment which when used together allows access to Vodafone Cash Services and, in each case, is approved for use in Ghana.
1.19. “Mobile Phone” means your mobile phone handset.
1.20. “MSISDN” means the Mobile Station International Subscriber Directory Number issued to you with the SIM Card for accessing the Vodafone Network.
1.21. “Network” means the Global System for Mobile telecommunication (“GSM”) system operated by Vodafone Ghana and covering those areas within Ghana as stipulated from time to time by Vodafone Ghana.
1.22. “Outlet” means any shop, unit or other retail premises operated by an Agent.
1.23. “Payments” means money paid to an Agent, for the purchase of an equivalent amount of E-Money sums credited to your Account.
1.24. “PIN” means your Personal Identification Number being the secret code you choose to access and operate your Account.
1.25. “Pre-paid Airtime” means mobile phone calling credit on Vodafone Ghana’s Network.
1.26. “Price Guide” means a catalogue published for the Fees payable for the Vodafone Cash Services, as updated from time to time.
1.27. “Registration Form” means the registration form containing personal registration details for Tier 2 customers only.
1.28. “SIM Card” means the Subscriber Identity Module which when used with the appropriate Mobile Equipment enables you to use the Vodafone Cash Services.
1.29. “SMS” means a Short Message Service consisting of a text message transmitted from one Mobile Phone to another.
1.30. “Start Key” means the one-time 4-digit PIN sent to you on registration for the purpose of activating your Account.
1.31. “Tier 2 Customer” a customer who provides the additional registration information required, who then has access to higher transaction value limits.
1.32. “Transactions” means any of the transactions specified in Clause 7.5.
1.33. “Transfer Instructions” means instructions given via SMS for the transfer of E-Money from one Customer to another.
1.34. “User Manual” means a document describing the Vodafone Cash System and its use.
1.35. “Vodafone Cash’s Head Office” means Vodafone Cash, Manet Towers, Tower A South Liberation Link, Airport City, Accra, Ghana.
1.36. “Vodafone Cash Services” means the services provided by Vodafone Cash for the issue and redemption of E-Money and the transfer of E-Money between Customers on the basis of Transfer Instructions. Services include the recording of all Transactions,
verifying and confirming of all Transactions concluded and updating of Customer Account records.
1.37. “Vodafone Cash System” or “Vodafone Cash” means the proprietary cellular phone money transfer service which is marketed, managed, and operated exclusively by Vodafone Cash in Ghana.
1.38. “Vodafone Cash Website” refers to the Vodafone Cash section of the Vodafone Ghana website http://www.vodafone.com.gh
1.39. “Vodafone Ghana” means Ghana Telecommunications Company Limited that provides mobile network services.
1.40. “Vodafone Retail Shops” means Vodafone branded outlets.
1.41. “we” or “us” or “our” means Vodafone Cash.
1.42. “you” or “your” means the Customer.
2. APPLICATION FOR ACCOUNT
2.1. Any Vodafone Ghana Customer may register for the Vodafone Cash Service provided they have an active Vodafone Ghana SIM card.
2.2. The Vodafone Cash Service is limited to one account per Customer.
2.3. You will be liable to pay Vodafone Ghana for all network costs incurred while using the Vodafone Cash Service. You will also be liable to pay applicable Fees for your use of the Vodafone Cash Services and such Fees may be deducted directly from your Vodafone Cash Account.
2.4. You may register for Vodafone Cash Services with any Vodafone Cash Agent in Ghana. To become a Tier 2 customer, you must register at a Vodafone Retail Shop.
2.5. To become a Vodafone Cash Customer, you will be required to provide the following information:-
2.5.1. Your full name
2.5.2. Your physical address
2.5.3. Your date of birth
2.5.4. Your Nationality
2.5.5. Your mobile number
2.5.6. Confirmation of your identification
2.5.7. Any additional information which we may require from time to time
2.6. In addition to the information required under Clause 2.5 above, a Tier 2 customer shall be required to provide any one of the following pieces of documents::
2.6.1. A bank statement
2.6.2. A utility bill
2.6.3. A tenancy agreement
2.6.4. A reference letter from an existing Tier 2 customer
2.6.5. An income tax certificate
2.6.6. An employer reference letter
2.7. In the case of a registered business, the appropriate business registration documents (including Certificate of Incorporation, Certificate to Commence Business and the Regulations of the business) should also be provided.
2.8. All information provided must be complete and accurate in all respects.
2.9. We may decline your application at our sole discretion.
2.10. We may refuse to open an Account for you if we are not satisfied with proof of your identity.
2.11. Upon activation of your Account by the input of the Start Key you will upon choosing a secret PIN, be entitled to use the Vodafone Cash Services with immediate effect and this constitutes an acceptance of the Conditions of Use.
3. THE VODAFONE CASH SERVICES
3.1. The Vodafone Cash Services are made available to you subject to the following limitations:-
3.1.1. Although we will try to ensure that you are able to make full use of the Network to access Vodafone Cash Services within the coverage area, we do not guarantee that the Vodafone
Cash Services will be available at all times and we will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the Vodafone Cash Services. The Vodafone Cash Services are not fault free and factors including (but not limited to) natural disasters, geographical topography, weather conditions, planned maintenance or rectification work on the Network may interfere adversely with the quality and provision of the Vodafone Cash Services.
3.1.2. In the event of damage to, loss or theft of the SIM Card, 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 further use of the Vodafone Cash Services until the same has been replaced. A replacement fee will be applicable and you will be responsible for all Fees and Transactions effected up to the time of receipt by us of your notification of the damage, loss or theft. Notification of any such damage, loss or theft may be given by telephoning the Customer Call Centre or visiting a Vodafone Retail outlet. You hereby indemnify us against any claims made in respect of any Transactions effected with your Mobile Phone and SIM Card prior to such notification being received.
3.1.3. Please note that the confidentiality of your communications via our Network is not guaranteed. You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such unlawful interception or access.
3.1.4. You accept that we may disclose or receive personal information or documents about you:-
220.127.116.11. to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;
18.104.22.168. to and from our service providers (including Vodafone Cash, Agents, Merchants or any other company that may be or become our subsidiary, parent company or partner) for reasonable commercial purposes connected to your use of the mobile service or the Vodafone Cash Service, such as marketing and research related purposes;
22.214.171.124. to facilitate our ability to fulfil legal, governmental or regulatory requirements; and
126.96.36.199. to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature).
3.1.5. You agree to comply with any instructions that we may give you from time to time about the Vodafone Cash Services.
3.1.6. With the exception of calls made to our Customer Call Centre and to other designated toll free
numbers, a minimum call charge may be levied in accordance with the applicable GSM Fees.
3.1.7. Your calls, emails or SMS’s to the Customer Call Centre may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system and detection and prevention of crime.
4. ACCEPTANCE AND COMMENCEMENT OF CONDITIONS OF USE
4.1. You are deemed to have accepted these Conditions of Use as amended from time to time and which take effect:-
4.1.1. Upon Registration; or
4.1.2. Upon the initial activation of the Vodafone Cash Services by use of your Start Key.
5. SUSPENSION AND DISCONNECTION OF THE SERVICES/CLOSURE OF ACCOUNT
5.1. We may suspend (bar), restrict or terminate the provision of the Vodafone Cash Services (in whole or in part) 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) under the following circumstances:-
5.1.1. if we are aware or have reason to believe that your Mobile Equipment or the MSISDN/PIN number used in relation to the Vodafone Cash Services is/are being used in an unauthorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously);
5.1.2. if you do not comply with any of the conditions relating to the Vodafone Cash Services including these Conditions of Use;
5.1.3. if you notify us that your Mobile Equipment has been lost or stolen or your PIN has been lost or disclosed to any other party;
5.1.4. if you do anything (or allow anything to be done) with your Mobile Equipment which we think may damage or affect the operation or security of the Network or the Vodafone Cash Services;
5.1.5. force majeure;
5.1.6. Where we close your Account under Clause 5.2.
5.2. To access Vodafone Cash Services, your SIM Card must be operational (“active”) at all times. If your SIM Card is in inactive for a consecutive period of 6 months your Vodafone Cash Account will automatically be closed by Vodafone Cash and any E-Money standing to the Credit of your Account will be paid to you in accordance with Clause 5.4.
5.3. We will also close your Account upon receipt of your request to close your Account or upon you
porting your MSISDN to another GSM network provider.
5.4. Where the use of your PIN has been suspended or disconnected or your Account closed any Credit Balance in your Account will be repaid to you in cash upon your presenting yourself at our Vodafone Retail Shop at any time. You will only be paid any Credit Balance in cash upon satisfactory evidence of your identity being produced.
5.5. 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 in accordance with this Clause 5.
6.1. Fees as published are payable to Vodafone Cash for each Transaction effected from your Account. The Price Guide is available from Vodafone Cash Agents, the Vodafone Retail Shops or by accessing the http://www.vodafone.com.gh
6.2. Fees payable on each Transaction will be deducted from your Account by Vodafone Cash on conclusion of each Transaction and your new balance shall be notified to you by SMS.
6.3. Fees are subject to applicable levies and taxes at the prevailing rates.
6.4. All Fees payable by you in connection with the use of the Vodafone Cash Services shall be debited from your Account without further reference to you.
7.1. All Debit Transactions from your Account will be effected by Transfer Instructions authorized with the PIN which you choose when you register, or by such other method we may prescribe from time to time. Proof of ID will be required before any Transaction can be effected and the ID presented will be recorded by the Agent on each Transaction.
7.2. Your Account will be credited when you purchase E-Money by making Payments or when E-Money is transferred to your Vodafone Cash Account from another Customer and all such amounts will be held by Vodafone Cash to your order.
7.3. You may/Shall not effectuate any Transactions from your Account in the event that you do not have sufficient E-Money in your Account to meet the value of the Transaction and Fees applicable thereto.
7.4. The Vodafone Cash System will verify and confirm all Transactions effected from your Account by SMS to you. The Vodafone Cash System records will be taken as correct unless the contrary is proved.
7.5. On being provided with an Account, you will be able to effect the following Transactions:-
7.5.1. Effectuate a Credit Transaction by making a Payment in cash directly to an Agent in exchange for an equivalent amount of E-Money to be credited into your Account. Upon a Credit Transaction being made, the Vodafone Cash System shall credit your Account accordingly.
7.5.2. Effect a Debit Transaction by:-
188.8.131.52. The exchange of E-money for cash at any Agent by sending a Transfer Instruction to Vodafone Cash pursuant to which the Agent will pay the equivalent amount of cash to you.
184.108.40.206. The transfer of E-money to another Customer by sending a Transfer Instruction to Vodafone Cash, specifying the amount to be transferred.
220.127.116.11. The purchase of Vodafone Pre-paid Airtime by sending a Transfer Instruction to Vodafone Cash for the corresponding amount of E-Money to be sent to Vodafone Ghana as the Designated Payee.
18.104.22.168. The purchase of Goods and/or Services from Merchants by Transfer Instructions via Vodafone Cash of the amount to be transferred to the Merchant’s Account in settlement for the Goods and/or Services purchased.
22.214.171.124. Upon any Credit Transaction or Debit Transaction being effected, the Vodafone Cash System shall update your Account for completed transactions and new balance.
7.6. Any Transaction which is not concluded within 7 days of the Transfer Instructions first being given will automatically be cancelled and an SMS notification sent via Vodafone Cash of the cancellation shall be sent to the Customer.
7.7. The Vodafone Cash System will confirm every Transaction made by way of SMS together with an updated balance of your Account.
7.8. Any Debit Transactions given using the PIN will be charged to the Account. You acknowledge that, unless and until Vodafone Cash receives notice from you that your PIN, is no longer secure and/or that your Mobile Equipment has been lost or stolen, Vodafone 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. Vodafone Cash shall not require any written confirmation of any Transaction Instruction.
7.9. You are unable to reverse any Transaction that has been completed in error. If a completed transaction has been sent to the wrong recipient, you may contact the Customer Call Centre or go to the Vodafone Retail Shop to initiate a reversal of funds. We will not accept any responsibility where we are unable to reclaim funds on your behalf.
7.10. You can only operate your Account in Ghana.
7.11. Each Transaction will be issued with a unique receipt number that is included in the confirmation
SMS sent to you with an updated balance of your Account. This receipt number is used to track and identify all Transactions carried out on your Account.
8. SECURITY AND UNAUTHORISED USE
8.1. Only one PIN Number can be linked to your Account at any time.
8.2. Only you may use your Mobile Phone and PIN Number.
8.3. You are responsible for the safekeeping and proper use of your Mobile Equipment, your PIN, your Start Key and for all Transactions that take place on your account using your PIN.
8.4. You should not under any circumstances disclose your PIN to any person including Agents, Vodafone Retail Shops or the staff at the Customer Call Centre.
8.5. You will be responsible for all applicable Fees for any Transaction effected including calls made on our Network using the Mobile Equipment whether those calls were made by you or someone else with or without your authority or knowledge.
8.6. You are solely responsible for any transmitted material and or communication, which is classified as defamatory, illegal or in breach of any copyright and shall indemnify and keep us indemnified against any claims and expenses made against us in respect thereof.
8.7. You must not use the Vodafone Cash Services to commit any offence(s) against the Laws of Ghana.
8.8. You consent to the display of your first name for the purposes of being sent money by any person through your Vodafone Cash account.
8.9. You consent and hereby authorize us to use or share the data or other related Know Your Customer (KYC) information provided by you on your GSM or Vodafone Cash with the appropriate authority or with our partners or affiliates or service providers or any person to improve upon the Vodafone Cash Service for marketing purposes and to comply with our regulatory requirements or obligations under the laws of Ghana.
8.10. We reserve the right to issue instructions regarding use of the Vodafone Cash Service as we may from time to time consider necessary to maintain the integrity, quality and safety of the Vodafone Cash Service for all Customers and such instruction shall be binding upon You and be deemed to form an integral part of the Vodafone Cash Service.
We reserve the right to vary at any time and without prior notice to you these Conditions of Use or the Fees. Variations will be notified by way of advertisement in a daily newspaper, SMS, or through our Website and or by using any other suitable means provided that you shall be deemed to have been notified of any such variations regardless that the same may not have actually come to your attention. Any variation in fees shall become effective after fourteen (14) days of such publication.
By continuing to use the Vodafone Cash Services you shall be deemed to have agreed to the variations communicated under this Clause 9. If you do not accept any of the variations then you should not continue to make any Transactions otherwise you will be deemed to have accepted such modifications.
10. VODAFONE CASH’S RESPONSIBILITY
a. Vodafone Cash hereby declares that it holds all Payments received in respect of the Purchase of E-Money or transfers of E-Money into your Account for you and for your benefit and that you shall be beneficially entitled to all those amounts standing to the credit of your Account. You agree that Vodafone Cash may treat the records of the Vodafone Cash System as conclusive evidence of the amount of E-Money at any time standing to the credit of your Account. Vodafone Cash is not bound to make any independent investigation of your beneficial entitlement to the amounts. You further agree that, in relation to any payment to you in respect of your entitlement to the amounts, we may act on instructions given by you using your PIN or instructions purported to be given by you using your PIN even if they are actually given by a third party.
b. You acknowledge that Vodafone Cash shall have no obligation to invest the amounts other than by way of holding the same in the account. You further acknowledge that, to the extent that any interest accrues on the Account, you shall have no beneficial entitlement to such interest and Vodafone Cash shall be entitled to retain such interest to defray its own costs and expenses and/or to pay the same to Vodafone Ghana towards the costs and expenses of operating the Vodafone Cash System and/or to pay the same to such charitable cause(s) as the Vodafone Cash may in its absolute discretion determine.
11. LIABILITY AND EXCLUSIONS
a. 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 standing in your Account in cash.
b. To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied.
c. All Agents are no more than independent Outlets authorised by Vodafone Cash or an approved Vodafone Cash Agent Aggregator to provide Vodafone Cash Services and no agency relationship exists between Vodafone Cash and the Agents and we accordingly bear no responsibility or liability for any default or negligence on the part of the Agents in providing the Vodafone Cash Services.
d. We shall not be liable for any loss which you suffer unless it is directly caused by our being gross negligent, wilful default or deliberately acting wrongly. If we do act negligently or wrongly, we shall only be liable for the amount of the loss that a normal Customer in your position would have
suffered and not any loss which results from your particular circumstances, even if we know that your circumstances are unusual.
a. These Conditions of Use (as from time to time may be amended) forms a legally binding agreement, binding on you. The Vodafone Cash Service is personal to you and not transferable or binding on your personal successors or assigns. Upon your demise, outstanding balance in our E-Money account will be paid to your personal representative or administrators.
b. 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.
c. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
d. If any provision of these Conditions of Use 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 and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.
e. It is your duty to acquaint yourself and to comply with all applicable requirements and restrictions imposed by the Government of Ghana and other applicable authorities including the Bank of Ghana and the National Communications Authority (NCA) relating to the use of the Vodafone Cash Service .
f. Information contained in any promotional material advertisement and publicity campaigns are for information purposes only and shall not form part of these Terms and Conditions. You acknowledge that you have not relied on or been induced by any such material into subscribing to the Vodafone Cash Service.
g. You must immediately notify us of any change of details as submitted on the registration form including e-mail address, residential and postal address. Vodafone Cash bears no liability or responsibility whatsoever for your refusal to update us of any change in your registration details.
You may obtain a balance enquiry and/or query any transactions effected using your Mobile Equipment.
Printed statements of your Account can be provided at a cost to you upon request.
14. FAILURE OR MALFUNCTION OF EQUIPMENT
We are not responsible for any loss arising from any failure, malfunction, or delay in any Network, Mobile Equipment, the Internet or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.
a. We are entitled to send information to you via SMS to the MSISDN supplied to us. These SMS’s are for information purposes only. We may also send notices to you by way of advertisement in a daily newspaper, or through the Vodafone Cash Website and/or by using any other suitable.
b. You should send any notice to us at our chosen address: Managing Director of Vodafone Cash, Vodafone Cash, Manet Towers, Tower A South Liberation Link, Airport City, Accra, Ghana.
a. You will be responsible for payment of all our expenses in the case of any dispute, including legal fees, collection fees and tracing fees.
a. A certificate signed by any of our managers (whose appointment need not be proved) showing the amount you owe us is sufficient proof of the facts stated on the certificate, unless the contrary is proved.
b. We will not be responsible to you for any indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible and whether arising in contract, statute or tort.
c. You must notify us immediately of any change of your details in your registration details. Vodafone Cash will not be responsible for any loss or damages arising from your failure to update your registration details.
d. You agree that your information, including your personal information, your conversations with our Customer Call Centre and your Transactions will be recorded and stored for record keeping purposes for six (6) years from date of closure of your Account.
e. All copyright, trademarks and other intellectual property rights used as part of the Vodafone Cash Services or contained in our documents are owned by Vodafone Cash or its licensors. You agree that you acquire no rights thereto.
17. JURISDICTION AND ARBITRATION
a. These Conditions of Use are governed by the Laws of Ghana.
b. Any disputes arising from or in connection with the present Conditions of Use shall first be resolved through amicable solution; failure in which case the dispute shall be finally resolved in accordance with the provisions of the Alternative Dispute Resolution Act, 2010 (Act 798) or any
statutory modification or re-enactment thereof for the time being in force. Each party shall appoint one arbitrator and the two arbitrators so appointed shall jointly appoint an Umpire, within 60 days of the notification of a dispute. Such arbitration shall be conducted in Accra in accordance with the Rules of Arbitration, as amended from time to time.
c. To the extent permissible by Law, the determination of the Arbitrators shall be final, conclusive and binding upon the parties hereto.
Notwithstanding Clause 17 (b), either Party shall have the right to file any action necessary in any court of competent jurisdiction to seek specific performance, an injunction or other equitable relief to restrain the other as a remedy for any actual or threatened breach.