HALOPESA TERMS AND CONDITIONS | VIGEZO NA MASHARTI ILI UTUMIE HALOPESA
These Terms and Conditions shall apply and bind to all HALOPESA Customers (“Customer”) who uses or may use HALOPESA Services (as defined herein) provided by Viettel Tanzania Public Limited (HALOTEL) (“Conditions of Use’).
When you use or register as an HALOPESA Customer, you agree to abide by these Conditions of Use. You therefore need to read and fully understand these Conditions of Use and if you do not agree with them, you must not proceed to register for and/or use the HALOPESA Services.
Customer or “HALOPESA Customer” means a person or entity who has successfully subscribed and can use HaloPesa services on mobile phone.
Account means your HALOPESA Account, maintained by HALOTEL which keeps records of your e-money transactions and balance and represented by an equivalent amount of cash held by the Trustee on your behalf.
Account Holder means a HaloPesa Customer.
SIM Card means the subscriber identity module which when used with the appropriate Mobile Equipment enables you to use the HaloPesa Services.
Active Simcard means a Simcard that HaloPesa services are enabled and conducted on a regular basis as per defined activity and rules.
Activation date means a date on which customer successfully subscribed and can use HaloPesa services.
Pin means a secret personal identification number used by customers to access HaloPesa services.
HaloPesa Agent “Agent (s) means a person(s) registered or authorized by HaloPesa to provide HaloPesa services such as cash-in and cash-out services.
Tariffs means actual charges for use of HaloPesa services as published on website and agents.
Tariffs Guide means catalogue published for the tariff payable for HaloPesa services, as updated on from time to time.
Recycled number means HaloPesa account being removed from HaloPesa system once customer is no longer using Halotel network more than three consecutive months.
E-money means electronic money issued by HaloPesa and representing an entitlement to an equivalent amount of cash held by trustees in respect of the purchase of such electronic value.
Condition of Use means the terms and conditions as may be varied from time to time.
Credit means movement of funds into your wallet.
Credit Transaction means any transaction resulted from your HaloPesa wallet being credited with e-money.
Credit Balance means the amount of E-Money from time to time standing to the credit of your Account as verified by HaloPesa system.
Customer Care Centre means HALOTEL Customer Care Centre situated
Debit means movements of money from your wallet.
Debit Transaction means the transaction resulted from debit your e-money from your account as verified by HaloPesa system.
Designated Payee means any person (including yourself, another customer, an Agent or Authorized Retailer) who is designated by you through SMS, to be the recipient of E-Money from your Account;
Identification (ID) Number means the number associated with the form of identification provided.
Mobile Equipment means your Mobile Phone and SIM Card or other equipment which when used together allows access to HALOPESA Services and, in each case, is approved for use within the United Republic of Tanzania by the relevant authority.
Mobile Phone means your mobile phone handset.
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HALOPESA Services/ Mobile Financial Services means the services provided by HALOTEL for the issuance and redemption of E-Money and the transfer of E-Money between Customers on the basis of Transfer Instructions including the recording of all Transactions, verifying and confirming all Transactions concluded and updating Customer Account records.
HaloPesa System means the proprietary cellular phone money transfer service which is marketed, managed, and operated exclusively by HALOTEL in the United Republic of Tanzania.
Connection means the process through which a Customer is given access to HaloPesa Services through HALOTEL network. The term “Connected”, “Disconnected” and “Reconnection” mean the level of connection for a Customer. Connected meaning active and transacting, disconnected meaning not active in the given period while reconnections means has changed status from disconnected to connect.
Network means Halotel applicable software (s) and facilities that enable the customer using a mobile phone to access Halotel and HaloPesa services.
Prepaid Airtime means mobile phone carrying credit on HALOTEL’s network.
Unregistered customer means a recipient of E-money is not registered with HaloPesa services but can be registered with other networks.
USSD Code means HaloPesa access code (*150*88#) as specified with HaloPesa.
Voucher means a secret code with E-money received by unregistered customer’s through SMS which if shown to an agent the unregistered customer can redeem cash.
Biometric Registration means registration of the customer through the biometric system.
Updated customer information means current or up to date information about a recipient of E-money containing details on a recipients account.
Trustee Account means the Bank Account Maintained by trustee into which all payments are made and held by trustee on behalf of customers.
1. COMMENCEMENT AND TERM
1.1. These terms and conditions shall apply immediately upon subscription of HaloPesa services and shall continue in force at times the customer shall be using HaloPesa services until the account is closed.
2. HALOPESA ANTI MONEY LAUNDERING (AML) AWARENESS
2.1. What is Money Laundering?
Money Laundering is the process used to disguise the true origin of money or property obtained from any criminal activity. People Launder money or property to distance the proceeds of crime from their criminal activities, making the proceeds to appear to have originated from the legitimate sources.
2.2. What offences which constitute Money Laundering?
– Human trafficking
– Bribery and Corruption
– Drug trafficking
– Tax evasion
2.3. Terrorist financing
Terrorist financing is an activity that provides financial support to designated terrorist groups. Source of Terrorism financing can came from both legitimate and illegitimate sources.
– Example of legitimate sources is Charity from people and organizations, Governments
– Example of illegitimate source is Fraud, Drugs dealing, human trafficking, and weapons deals.
2.4. Money Laundering Process
Three stages are usually involved when Money Laundering takes place in order to disguise its original source. These three stages are:
– Placement – Where illegal money is “Placed” into a financial system, such as HALOPESA account or bank account without arousing suspicion.
– Layering – Where illegal funds will be moved around from account to account. This often involves reducing the funds into smaller amounts and using different people and business to try and disguise its original source.
– Integration – Where illegal funds are “Integrated” back into legal financial system and appear to be legitimate funds or assets. This can be done through Charity donations, Real Estate development, Investments.
All three stages DO NOT have to occur for Money Laundering to take place. If you suspect activity in any way, it MUST be reported. If you come across any illegal business please contact; MLRO contact details when reporting suspicious activities (SAR):
Email: [email protected]
3. SUBSCRIPTION TO HALOPESA SERVICES
3.1. Customer may register for HaloPesa service provided he/she has an active Halotel Sim card registered by company registration process and comply with Sim registration procedures.
3.2. To subscribe for HaloPesa service for the first time, customer must access *150*88#, then choose preferred language then enter pin, repeat pin to confirm.
3.3. The HaloPesa service is limited to one account per customer, irrespective of how many Sim are held by a customer.
3.4. You may register for HaloPesa services with any HaloPesa any HaloPesa Agents or Halotel shops in the United Republic of Tanzania. Upon registration a customer is required to provide the following ;
– National Identity Card (NIDA)
– Passport for non-resident.
3.5. All information must be complete and accurate in all aspects, we may decline your application at our sole discretion, and we may refuse to open an Account for you if we are not satisfied with the proof of your identity.
3.6. When complete Simcard registration process, you are required to activate HaloPesa service by entering PIN code for service authentication.
4. THE HALOPESA SERVICE
4.1. The HALOPESA Services are made available to you subject to these Conditions of Use, Although we will try to ensure that you are able to make full use of the Network to access HALOPESA Services within the coverage area, we do not guarantee that the HALOPESA 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 HALOPESA Services. The HALOPESA Services are not fault free and factors including (but not limited to) geographical topography, weather conditions, planned maintenance or rectification work on the Network may interfere adversely with the quality and provision of the HALOPESA Services;
4.2. In the event of damage to, loss or theft of the SIM, you are obliged to inform us immediately of such damage, loss or theft. We will then disable such damaged, lost or stolen SIM Card so as to prevent further use of the HALOPESA Services until the same has been replaced. A replacement fee will be applicable and you will be responsible for all Charges and Transactions effected up to the time of receipt by us of your notification of the damage, loss or theft. Notification of such damage, loss or theft may be given by telephoning the Customer Care Centre. You will be required to indemnify us against any claims made in respect of any Transactions effected with your Mobile Phone and SIM prior to such notification being received;
4.3. Confidentiality is highly adhered to in our Network but there are some exceptions. Customers are advised to excises due diligence when operating to avoid the risk of unlawfully being intercepted or accessed by those other than the intended recipient. We will not accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality.
4.4. You accept that we may disclose or receive personal information or documents about you:
– 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;
– To and from our service providers (including the Trustee), dealers, agents, 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 HALOPESA Services, such as marketing and research related purposes
– To facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement.
– To our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (not withstanding that any such proceedings may be of a public nature);
4.5. You must comply with any instructions that we may give from time to time about the HALOPESA Services. With the exception of calls made to our Customer Service Hotline numbers (which will be provided to you upon registration) and to other designated toll free numbers, a minimum call charge may be levied in accordance with the applicable Tariff.
5. ACCEPTANCE AND COMMENCEMENT OF CONDITIONS OF USE
5.1. You are deemed to have accepted these Conditions of Use as amended from time to time and which take effect:
– Upon Registration or
– Upon the initial activation of the HALOPESA System.
6. SUSPENSION AND DISCONNECTION OF THE SERVICE/CLOSURE OF ACCOUNT
6.1. We may suspend (bar), restrict or terminate the provision of the HALOPESA Services (wholly or partly) 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:
– If your SIM is in inactive for a consecutive period of 3 months your HALOPESA Account will automatically be closed.
– If HaloPesa discovers or believes that our customers HaloPesa account is unlawfully or fraudulently used or has been used in criminal activities.
– If you do not comply with any of the conditions relating to the HALOPESA Services including these Terms and Conditions.
– 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;
– 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 HALOPESA Services.
6.2. Where the use of your PIN has been suspended or disconnected or closed, any Credit Balance in your Account will be paid to you in cash upon presenting yourself at our HALOTEL Showroom. You will only be paid any Credit Balance in cash upon satisfactory evidence of your identity being produced;
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7.1. Tariffs as published are payable to HALOPESA for each Transaction effected from your Account on each Transaction and your new balance on conclusion of the Transaction shall be notified to you by way of SMS. The Tariff Guide is available from HALOTEL’s Head Office or by accessing the HALOPESA Website.
7.2. Tariffs including Value Added Tax are subject to other applicable levies and taxes at the then prevailing rates;
8.1. 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.
8.2. Your Account will be credited when you purchase E-Money by making Payments or when E-Money is transferred to your HALOPESA Account from another Customer and all such amounts will be held by the Trustee to your order.
8.3. You shall not affect 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 Charges applicable thereto.
8.4. The HALOPESA System will verify and confirm all Transactions affected from your Account by SMS to you. The HALOPESA System records will be taken as correct unless the contrary is proved.
8.5. On being provided with an Account, you will be able to affect the following transactions:
– Effect 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 HALOPESA System shall credit your Account accordingly;
Effect a Debit Transaction by:
– The exchange of E-money for cash to any Agent by sending a Transfer Instruction to HALOPESA pursuant to which the Agent will pay the equivalent amount of cash to you.
– The transfer of E-money to another Customer by sending Transfer Instructions to HALOPESA for the account of such Customer, specifying the amount to be transferred.
– The purchase of HALOTEL Pre-paid Airtime by sending a recharge instruction to HALOTEL and giving a Transfer Instruction for the corresponding amount of E-Money to HALOTEL as the Designated Payee;
– The purchase of Goods and/or Services from Authorized Retailers by Transfer Instructions via HALOPESA of the amount to be transferred to the Authorized Retailer’s Account in settlement for the Goods and/or Services purchased.
8.6. Upon any Credit Transaction and Debit Transaction being affected, the HALOPESA System shall credit or debit your Account once the sum is actually credited to, withdrawn or transferred by you from your Account.
8.7. Any Transaction which is not concluded within 7 days of the Transfer Instructions first being given for that transaction will automatically be cancelled and an SMS notification sent via HALOPESA of the cancellation shall be given to the Customer giving the Transaction Instructions;
8.8. The HALOPESA System will confirm every Transaction made by way of SMS together with an updated balance of your Account;
8.9. We are unable to reverse or charge-back any Transfer Instruction for any reason including in the event of any dispute with any other Customer or an authorized Retailer. You are responsible for resolving any disputes arising with any other Customer or an authorized Retailer without recourse to HALOPESA.
8.10. Your Account may only be operated by the use of Agents/Retailers in the United Republic of Tanzania.
8.11. 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 & identify all Transactions carried out on your Account.
8.12. You authorized us to present your HALOPESA registered name and mobile number to other HALOPESA customer to improve customer’s money transfer experience. For instance in providing confirmation of recipient’s identity before, during or after send money transfers.
8.13. When you transfer funds to a business collection account, we will send the transaction data to the business customer for processing through third-party integration servers. You shall indemnifies us against any liability or loss incurred by you in the form of charges or value in the event that the transaction is not successfully posted to or not processed by the business customer.
9. SECURITY AND UNAUTHORIZED USE
9.1. Only one PIN Number can be linked to your Account at any time. Only you (the owner) may use your Mobile Phone and PIN Number, and must not disclose the PIN to any person including the staff at the Customer Care Centre.
9.2. The owner is responsible for the safekeeping and proper use of the Mobile Equipment and the PIN, also all Transactions that take place on your account using your PIN.
10. CUSTOMER’S OBLIGATIONS
10.1. You will be responsible for all applicable Charges at the applicable Tariffs for any Transaction effected.
10.2. 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.
10.3. You must not use the HALOPESA Services to commit any offence(s) against the Law.
11. OUR OBLIGATIONS
11.1. HaloPesa undertakes subject to these Terms and Conditions to provide the Services to the customer.
11.2. HaloPesa shall make available to the customer from time to time a coverage map indicating the Covered Area.
11.3. HaloPesa shall from time to time publish charges and tariffs applicable to the Services.
11.4. HaloPesa shall keep the customer information and communications confidential subject to exceptions provided herein or as may be provided in any statutory law.
12.1. We reserve the right to vary at any time and without prior notice to you these Terms and Conditions or the Tariffs. Variations will be notified by way of advertisement in 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.
12.2. By continuing to use the HALOPESA Services you are deemed to have agreed to the variations contemplated in Clause 11.1 above. If you do not accept any of the variations then you must not continue to affect any Transactions otherwise you will be deemed to have accepted such modifications.
13. LIABILITY AND EXCLUSIONS
13.1. In the event that we are compelled to change or reassign your telecommunications numbering to meet regulatory requirements or for any other reason our liability will be limited to retaining your Account and where possible, transferring your Account to a new MSIN, failing which you will be paid out the Credit Balance standing in your Account in cash.
13.2. To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied.
13.3. No agency relationship exists between HALOTEL and the Agents acting without instructions from Halopesa and we accordingly bear no responsibility or liability for any default or negligence on the part of the Agents in providing the HALOPESA Services.
13.4. We shall not be liable for any loss which you suffer unless it is directly caused by our being negligent 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.
14.1. These Terms and Conditions (as from time to time may be amended) forms a legally binding agreement customer and Halopesa.
14.2. These Terms and Conditions may not be assigned to any other person than the subscriber, the rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
14.3. No failure or delay by either of parties 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;
14.4. 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.
15.1. You may obtain a balance enquiry through the HaloPesa menu and receive an SMS with the actual balance.
15.2. Printed statements of your Account may be requested by you in person at an authorized HALOTEL Shop. The same will be provided only after due diligence verification of the request and upon payment of a service fee at the Shop and will close your Account on receiving a request from you.
16. FAILURE OR MALFUNCTION OF EQUIPMENT
16.1. We are not responsible for any loss arising from any failure, malfunction, or delay in any cellphone Networks, cellphones, the Internet or terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.
17.1. We are entitled to send information to you via SMS to the contact Mobile Phone number supplied on your application form. These SMS’s are for information purposes only.
17.2. You should send any legal notice to us at our chosen address: HALOPESA Service, Viettel Tanzania Limited, 9th Floor, Tanzanite Park, New Bagamoyo Road, Dar es Salaam.
18.1. 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 or statute.
18.2. You must notify us immediately of any change of your details in your Registration Form.
18.3. You agree that your information, including your personal information, your conversations with our Customer Care Centre and your Transactions will be recorded and stored for record keeping purposes for 7 years from date of closure of your Account.
18.4. All copyright, trademarks and other intellectual property rights used as part of the HALOPESA Services or contained in our documents are owned by HALOTEL or its licensors. You agree that you acquire no rights thereto.
19. JURISDICTION AND ARBITRATION
19.1. These Terms and Conditions are governed by the laws of Tanzania;
19.2. Any dispute arising out of or in connection with these Terms and Conditions shall be referred to Complaint Committee under Tanzania Regulatory Communication Authority.