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M-Pesa Agent Overdraft Terms and Conditions

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M-Pesa Agent Overdraft Terms and Conditions M-PESA AGENT OVERDRAFT TERMS AND CONDITIONS JULY 2020 M-PESA LIMITED Offices at 11th Floor, Vodacom Tower Ursino Estate Plot No. 23, Bagamoyo Road P.O. Box 2369 Dar Es Salaam, Tanzania. www.vodacom.co.tz M-PESA LIMITED – M-PESA AGENT OVERDRAFT 2.12.2 if you commit any breach or fail to observe, keep or TERMS AND CONDITIONS perform any of the terms, conditions covenants or provisions of any other agreement between us and 1. APPLICABILITY AND UNDERSTANDING. yourself in respect of the Facility; or you don’t keep to the other terms and conditions of this Overdraft Please read these Terms and Conditions, and any schedule/annexure Contract or any other contract you have with us in conjunction with M-Pesa Agency/Agent Agreement and Terms 2.12.3 if there is reasonable apprehension that you and Conditions for M-Pesa Customers are unable to pay your debts or we receive any (https://vodacom.co.tz/en/terms_and_conditions/) and GSM notice that you have admitted any inability to Consumer Terms and Conditions that shall form part of these pay your debts as they become due; or Terms and Conditions (“Conditions of Use”). 2.12.4 If a Garnishee or Attachment Order or a lien created against any of These Terms and Conditions (“Condition of Use”) are available for M- your deposits with us or assets maintained by Pesa services Agents/Agency and become effective once you opt in you is made. or register for M-Pesa Agent Overdraft Service (‘Service”). 2.12.5 you become insolvent or subject to any form of your business administration M-Pesa Agent Overdraft is issued to M-Pesa Limited Active 2.12.6 you stop paying creditors or stop carrying on Agents/Agency based in the United Republic of Tanzania, and is business (or threaten to); subject to these Conditions of Use. 2.12.7 You gives us incorrect or misleading information, at any time the result of which M-Pesa Limited from time to time will verify, your KYC documents materially increases our risk to you. (Identification documents) or amend these Conditions of Use or 2.13 “Facility Term” means where there is no Event of Default (as review your scoring limits and have a right either to accept or reject outlined in this Agreement) within a period of one (1) days from your request for Overdraft services. the first date of utilization of the Facility. 2.14 "Force Majeure" means anything outside the reasonable 2. DEFINITIONS AND INTERPRETATION. control of a Party including pandemic, an act of war or terrorism, the mobilization of armed forces, civil commotion or 2.1 "Agreement" means these Conditions of Use riot, natural disaster, industrial action or labor disturbance 2.2 “Agent or M-Pesa Agent” means any M-Pesa agent who has (excluding industrial action by employees of the Party or its registered to use M-Pesa. subcontractors), currency restriction, embargo, or a failure of a 2.3 “Agent Overdraft Facility” or “Agent Facility” means a public utility or telecommunications carrier or system credit facility linked to your agreed initiated transactions Agent failure/outage, interruption in the processing of the transaction, Account (you may refer clause 6 & 9 for details), it lets you or delays resulting from circumstance beyond our reasonable draw/transact e-money from that Float Account past your own control (include power failure and delays in communication available funds up to an agreed limit (Agent Overdraft Limit). with supplier point of sale, internet or other system include 2.4 “Agent accounts” shall means the Agent’s Float (i.e. used to your device failure). serve customers), Commission (which is used to hold Agent’s 2.15 “Hapa Cash Services” means the specific agent liquidity commission gain) and or M-Pesa (which used for exchange of services, products and/or electronic or telecommunication E-money and cash between Agents/Agency and or Bank) applications developed by Kuunda. Account. 2.16 “Hapa Cash Platform” means the electronic platform, 2.5 “Bank” means FINCA MICROFINANCE BANK TANZANIA including but not limited to the facilities, equipment and incorporated in the Republic of Tanzania and with its principal software used by Kuunda to host the Hapa Cash rules and office having its registered office at TAN House, Plot No. 34/1 algorithms to conduct, maintain and/or deliver the Hapa Cash Victoria, Bagamoyo Road, Dar es Salaam, Tanzania, and Services or distribute and/or sell the Hapa Cash Services, which shall where the context allows include its successors in including the Hapa Cash Website, the Hapa Cash Mobile title and assigns Applications. 2.6 “BOT” means the Bank of Tanzania 2.17 “Interest” means a payment for the use of money and 2.7 “Customer or M-Pesa Customer” means any M-Pesa user includes a payment made or accrued under a “debt obligation who has registered to use M-Pesa Service. that is not a repayment of capital, any gain realised by way of 2.8 “Customer Care Centre” means a customer care Centre a discount, premium, swap payment or similar payment, designated for the Service in accordance with this Agreement. amounts treated as interest under section 32, amounts 2.9 “Event of Default” refers to any of the circumstances set out recognised as interest under section 71(6) (b)(ii) and interest in Clause 9 below. imposed under Division I of Part VIII. 2.10 “E-Value” or “E-Money” means the electronic money issued 2.18 “Interest Rate” shall means and in relation to interest rates by us and representing an entitlement to an equivalent amount charged to M-Pesa Agents/Agency for use of the facility. of cash monies held by the Trustee in respect of the purchase 2.18.1 The interest rate will be calculated at a 50% of of such electronic value; commission based on overdraft value per each 2.11 “Equipment” includes your mobile phone handset, Vodacom transaction performed when utilizing the Overdraft enabled SIM Card and/or other equipment which when used facility to complete the transaction. together enables you to access the Network. Also means the true cost of funds for a borrower from a bank 2.12 “Event default” means You are in default in any of the or financial institution which may be higher, equal to or lower following situations; than the nominal interest rate depending on the method used 2.12.1 a situation whereby the Facility is due and unpaid for to calculate the amount of interest due or accrued. one (1) day or more, M-Pesa Agent Overdraft Terms and Conditions July2020 1 2.19 “Know Your Customer” also known as KYC refers to the 2.32 ”SIM Card” means the Agent identity module which when customer and Agent due diligence obligations imposed on M- used together with other Equipment enables an M-PESA Pesa Limited by relevant laws and as may be prescribed or Agent to use the M-PESA Service. recommended by the Government of the United Republic of 2.33 “USSD” means (Unstructured Supplementary Service Data) a Tanzania, Tanzania Communications Regulatory Authority Global System for Mobile (GSM) communication technology (TCRA) or Central Bank of Tanzania (BOT) from time to time that is used to send text between a mobile phone and an or any other Government authority. application program in the network. Applications may include 2.20 “Kuunda” means Kuunda Holdings Limited incorporated in prepaid roaming or mobile chatting provided by Vodacom the Republic of Mauritius and with its principal office having its Tanzania. registered office at Unit 21, Circle Square Business Square, 2.34 “You” or “your” means the Agent and includes the Forbach, Mauritius, and which shall where the context allows Agents/Agency’ personal representatives and assigns. include its successors in title and assigns). Kuunda is a 2.35 "Website" means a group of connected pages on the World provider of Agent Liquidity management; namely: agent Wide Web containing information on a particular subject e.g. overdraft, agent cash advances and a marketplace for cash, https://www.vodacom.co.tz/. and the provider to the Bank of the Hapa Cash platform 2.36 “We,” “our,” and “us,” means M-Pesa Limited and (where 2.21 “Late Interest” means, in relation to interest rates charged to applicable) the Trustee; M-Pesa Agents/Agency by use of the facility for late payment. 2.37 Words importing the singular meaning where the context so 2.21.1 This late interest rate will be 0.1% of the total overdraft admits include the plural meaning and vice versa. due for each day the M-Pesa Agent Overdraft remains unpaid. The total overdraft due includes all principal, 3. ACCEPTANCE OF THE TERMS AND CONDITIONS interest rate (clause 2.18.1) and late interest amounts due monthly. 3.1 Before opting-in or registering for the Service, you should 2.22 “M-Pesa Agent Overdraft Service or Agent Overdraft carefully read and understand these Conditions of Use as they Service or the Service” means a mobile money service that govern the access, use and operation of the Service. These enables M-Pesa Agents/Agency to get instant overdraft Conditions of Use are available on facilities to complete transactions whenever they have https://www.vodacom.co.tz/ insufficient balance of E-Money in their Agent Float Account 3.2 If you do not agree with these Conditions of Use, please click and will later be repaid upon depositing or receiving money in “Decline/Cancel” on the Opt-in Function. their Agent Float Account (auto debt). 3.3 You will be deemed to have read, understood and accepted 2.23 "M-Pesa Agent Due Diligence" means personal and these Conditions of Use: Upon “Accepting” these Conditions business documentation supplied by you to us to confirm your Of Use on the Opt-in Function, this shall mean that you name and business name, current address, in order to meet confirm that you have read, understood and agreed to abide our and regulatory requirements.
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