CUSTOMER TERMS AND CONDITIONS

  • You, the Customer, must know and fully understand the terms and conditions (rules) set out in this document.
  • Please read and fully understand each clause set out in these rules.
  • Please note that, when you register for EcoCash, you agree to abide by and be bound by these Rules, together with the EcoCash Data Privacy and Protection Policy.

WHAT WE MEAN

  • EcoCash Wallet means Your EcoCash Wallet administered by EcoCash (Private) Limited (herein referred to as “EcoCash”).
  • Agreement means the Application form together with these rules, which form a legally binding agreement between You and Us.
  • Application means an application for an EcoCash Mobile Money Wallet submitted through a registered EcoCash outlet and/or an application for an EcoCash Wallet made via the mobile application and/or the USSD platform. These Rules shall be deemed to be incorporated into and form part of the Application.
  • Biometric Authentication means your biometric identifier used for authentication purposes to access the EcoCash Application or USSD Platform.
  • Biometric Data/ Biometric Information means any personally identifiable information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers. Biometric information constitutes sensitive personal information under Zimbabwean data protection law and will only be processed with your explicit, freely-given, specific, and informed consent.
  • Biometric Identifier means your biometric data or a unique biological or physiological characteristic that can be used to identify an individual, including retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.
  • Cash means any notes and coins accepted as legal tender in Zimbabwe.
  • Cash In means a direct Deposit of Cash You make at designated EcoCash outlets or registered EcoCash Franchisees into an EcoCash Wallet.
  • Cash Out means the process of withdrawing Cash from your EcoCash Wallet at designated EcoCash outlets or registered EcoCash Franchisees.
  • Charges mean the fee You will pay to EcoCash for using the EcoCash Mobile Money Transfer services.
  • Credit means the transfer of E-money into Your EcoCash Wallet.
  • Debit means the transfer of E-money out of Your EcoCash Wallet.
  • Customer call centre means the EcoCash customer call centre.
  • E-money means the electronic money (USD and ZiG) created and issued by EcoCash which will equate to the cash deposits. EcoCash reserves the right to change currency as and when mandated by the laws of Zimbabwe.
  • EcoCash Wallet means a virtual wallet connected to your individual MSISDN, that holds your e-money for the EcoCash Mobile Money Transfer Services and Transactions.
  • Econet means Econet Wireless (Private) Limited and Econet Wireless Zimbabwe Limited.
  • Identification Document (ID) means, for Zimbabwean nationals, an original Zimbabwean national identity card or passport; and, for foreign nationals, a passport together with a residence and/or work permit. A driver’s licence shall not be accepted as an ID for the purposes of these Terms and Conditions.
  • KYC means your personal identifiable information. EcoCash, Econet and Econet affiliate companies may share, process and compare your KYC for identity verification, fraud prevention, and regulatory compliance and provision of support services. Your data will be handled in compliance with all applicable data protection and consumer protection laws of Zimbabwe. Your data will be encrypted and stored securely in accordance with the provisions of the Cyber and Data Protection Act [Chapter 12:07] and regulations as well as the Money Laundering And Proceeds Of Crime Act [Chapter 9:24] and relevant Reserve Bank of Zimbabwe guidelines.
  • MSISDN means Your Econet mobile station identification number.
  • MVTMS means the Mobile Value Transfer Management System.
  • Outlet/Franchisee means each entity registered by EcoCash to fulfil functions of Mobile Money Transfer and Direct Money Transfer.
  • PIN means the Personal Identification Number chosen by you for your EcoCash Wallet. This may include, without limitation, any biometric authentication on the mobile application, the 4-digit PIN used on both USSD and the mobile application, and the one-time 4-digit PIN sent to you upon registration for activation of your EcoCash Wallet.
  • Secret password means the secret password allocated to You upon activation of your EcoCash Wallet.
  • Services mean the EcoCash Mobile Money Transfer Services to be offered through EcoCash which will enable You to perform transactions.
  • SMS means short message services.
  • Tax means all payments due to the government that EcoCash is required to charge for the provision of the service. You will be required to pay all relevant taxes prescribed at law depending on the nature of the transaction.
  • Transactions mean one or more of the actions that can be performed through EcoCash which are listed in clause 5 below.
  • USSD means the Unstructured Supplementary Service Data menu on Your cell phone when using your MSISDN that lists all the services.
  • You/Your/ Yourself means You as the holder of the EcoCash Wallet.
  • We/Us/Our means EcoCash, an authorised Franchisee, or any registered EcoCash outlet, as the context may require.
  • EcoCash Subscriber means a person with a registered EcoCash Wallet.

APPLYING FOR AN ECOCASH WALLET

  • You may open an EcoCash Wallet, provided that you have an Econet MSISDN and either:
    • have completed the form at any Econet or EcoCash outlet; or
    • on the USSD platform.
  • To qualify for an EcoCash Wallet You must:
    • Be above 18 years of age; and
    • complete an Application Form and submit it to any registered Franchisee, or register via USSD or the EcoCash Application; and
    • present your original ID together with a copy thereof; and
    • provide proof of residence and any other particulars or documentation required upon application.
    • EcoCash reserves the right to refuse to open an EcoCash Wallet.

ACTIVATING YOUR ECOCASH WALLET

  • Immediately after registering You for the service, You will be provided with a Start PIN which You must use to activate the EcoCash Wallet by following the instructions on the EcoCash menu via USSD.
  • A customer who already has an EcoCash Wallet may download the EcoCash App and proceed with wallet activation on the App.
  • Once Your EcoCash Wallet is activated You will:
    • be allocated a secret word and/or a One-Time PIN (OTP);
    • be required to choose a PIN, which will entitle You to use EcoCash services with immediate effect.
    • have the option to use biometric authentication to access the EcoCash Services, in addition to using a PIN.
  • You can then deposit or use any of the EcoCash Services to transfer E-money that will be credited to Your EcoCash Wallet, after which You will be able to perform money transfer transactions using Your cell phone.

SERVICES

  • You may perform the following EcoCash transactions with us using the following channels:
    • Exchanging cash for E-money at any registered Franchisee or outlet; and/or
    • Exchanging E-money for cash at any registered Franchisee or outlet; and/or
    • Transferring E-money to another EcoCash Subscriber’s mobile phone; and/or
      Transferring E-money to an unregistered customer, who will only be able to withdraw cash at any EcoCash Registered Franchisee or outlet; and/or
    • Purchasing prepaid airtime, electricity and other utilities using E-Money; and/or
    • Making payments to merchants when purchasing goods or services; and/or
    • Paying Bills.

USING YOUR ECOCASH WALLET

  • If You have an EcoCash Wallet You may transact within limits approved by regulatory authorities from time to time as follows:
    • Transaction limit;
    • Daily transactions limit;
    • Monthly Limit; and
    • Any other limits as may be imposed.
  • If You attempt to exceed the limit Your EcoCash Wallet may be viewed with suspicion and suspended or closed without prior notice to you as set out in clause 7 below.
  • You may not operate Your EcoCash Wallet on behalf of others.
  • You must be and remain the sole owner of all E-money in Your EcoCash Wallet. Your EcoCash Wallet cannot be transferred to another EcoCash Subscriber under any circumstances.
  • If you receive funds in error, you acknowledge that you shall be obliged to return the funds to the sender failing which EcoCash shall have the right to reverse the payment to the sender.
  • At any given time, you may hold only one EcoCash Wallet. Holding multiple wallets shall constitute a breach of these Terms and Conditions. EcoCash may, without prior notice to you, suspend and/or close any excess EcoCash Wallets.
  • You may be liable to criminal prosecution if you knowingly consume or utilise funds sent to you in error.
  • You undertake not to use Your EcoCash Wallet to commit any offence.
  • If EcoCash reasonably suspects that your Wallet is being used for fraud, theft, misrepresentation, or any other criminal misconduct or offence, your EcoCash Wallet may be suspended or closed without prior notice, as set out in clause 7. In the event of suspension or termination, you shall be required to approach EcoCash and provide proof as to why the account should be reopened.
  • You shall immediately notify EcoCash of any change of personal details that You gave us when You opened Your EcoCash Wallet and completed the application form. You shall approach any EcoCash or Econet Shop and fill in the appropriate forms for change of personal details.
  • If you receive an SMS informing you that you have received E-Money from another EcoCash Subscriber or through an international money remittance, the E-Money shall be loaded to your EcoCash Wallet immediately and you may redeem the E-Money at any Outlet or Franchisee or transfer the funds to a third party by following the EcoCash menu options on your mobile phone via USSD or Mobile App.
  • You may cash out your E-Money at an EcoCash Outlet/ Franchisee, upon passing the vetting requirements conducted by an EcoCash Outlet/ Franchisee representative, by accessing your EcoCash Wallet and following the prompts on your phone’s EcoCash menu. All Cash Out Transactions must be initiated and completed within an EcoCash Outlet/ Franchisee’s premises, and you must ensure you sign the Logbook which will serve as conclusive evidence of the successful completion of the withdrawal Transaction.
  • EcoCash shall, subject to Transaction limits as prescribed by the regulator, process the requests you make immediately after being satisfied that the person making the redemption has passed all identity and security validation and verification procedures. In the event of a dispute over the redemption of the funds, it shall be sufficient for EcoCash to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds.
  • We reserve the right to add more functions from time to time onto the Services and we will notify You of such additional transactions and functionalities through communication channels, such as but not limited to SMS.
  • When a transaction is processed, your EcoCash Wallet shall be debited or credited, depending on the nature of the transaction and its effect on your Wallet balance.
  • If any transaction fails, including as a result of insufficient funds being available in your account or a third party account being suspended or closed, EcoCash will not be held liable for any direct and/or indirect losses that arise from the failure of the transaction.
  • We will verify and confirm all transactions performed through your EcoCash Wallet by sending you an SMS. All reports and records generated by the MVTMS shall constitute prima facie proof of the facts contained therein, unless the contrary is proved.
  • In the event that You do not have enough E-money to enable a transaction and pay the relevant charges, the Transaction will be declined by us.
  • You are responsible for ensuring that the information You provide when doing transactions is correct. If You provide incorrect information You will have no claim against EcoCash, Partner Banks or any EcoCash Franchisee or authorised third party for any direct and/or indirect losses or damages you may incur.
  • Any E-money You have transferred to an unregistered customer that is not claimed within thirty (30) days will be automatically cancelled and an SMS of such a cancellation shall be sent to You. The principal amount of E-money that was not withdrawn will be returned to Your EcoCash Wallet. However, the original transfer charges levied on the original transaction will not be returned to You.

STATEMENTS ON YOUR ECOCASH WALLET

  • You may obtain a balance on Your EcoCash Wallet using the “Balance Enquiry” function on the USSD menu or Mobile App. Please note that no printed or electronic statements will be given to You.
  • Each transaction done by You will be issued with a unique transaction receipt number, via SMS, together with the Transaction confirmation and verification and the latest EcoCash Wallet balance. The transaction receipt number sent to You must be kept by You and will be used to track and/or identify all Transactions effected on Your EcoCash Wallet.

CLOSING OR SUSPENSION OF ECOCASH WALLET

  • We will close Your EcoCash Wallet upon receiving a written request from you to do so.
  • We may at any time close the EcoCash Wallet, suspend or restrict access to Your EcoCash Wallet without prior notice to you if:
    • We suspect fraud, theft, misrepresentation or any criminal activities being performed on/through Your EcoCash Wallet; or
    • We are required to do so by law; or
    • We become aware or have reason to believe that Your EcoCash Wallet is being or has been or is likely to be used in a manner that has a potential impact on the reputation and goodwill of EcoCash.
    • We believe that You are in breach of these Rules or are trying to compromise Our system or are interfering with any services provided by Us.
    • You are using your EcoCash Wallet in a manner that is inconsistent with the KYC documents that you furnished Econet when you acquired MSISDN and/or the KYC furnished EcoCash when opening your Wallet.
    • We become aware that any of your registration information on record is incorrect or incomplete. You are responsible for ensuring that your information is accurate and kept up to date.
    • You open or try to open more than (1) EcoCash Wallet.
    • You have not performed any transaction for a period of ninety (90) days. We may, at our discretion, notify you that we consider your EcoCash Wallet to be dormant and encourage you to transact through your EcoCash Wallet. If you do not perform any transaction for a period of twelve (12) months, we may, at our discretion and without prior notice, close your EcoCash Wallet.
    • You cease to have an Econet MSISDN.
    • You are declared insolvent, bankrupt or die, or issued with a Court order or under and/or a regulation or law that requires Us to do so.
  • Any credit balances in the EcoCash Wallet will be repaid under the following circumstances:
    • upon presenting Yourself in person with satisfactory proof of identity at any EcoCash outlet.
    • In the event that You die, to the duly appointed Executor of Your estate.
  • We will not be responsible to You for any direct, indirect, or consequent or special damages arising from any act or omission by EcoCash, Partner Banks, authorised third parties or any EcoCash outlet or authorised Franchisee for which we are responsible whether arising in contract, delict, or statute if we close, restrict, or suspend Your EcoCash Wallet in terms of the clauses in these terms and conditions.

SECURITY AND UNAUTHORISED USE

  • You are at all times responsible for keeping your Start PIN, PIN, One-Time PIN, Secret Word, and any biometric authentication credentials for all EcoCash Products secure.
  • It is Your responsibility to keep Your PIN secret. You must not tell anyone Your Start PIN, PIN, One Time Pin or any other biometric authentication/identifier for all EcoCash Services. This includes, but is not limited, to staff of EcoCash Customer Call Centre, Outlets, Franchisee and their staff, Partner Banks and their staff and the EcoCash Franchisees/Channel Partners and their staff. Therefore, we shall presume that any transactions done on your EcoCash Wallet using your PIN are done by you. For that reason, EcoCash shall not be liable for any loss suffered by You if Your Start PIN, PIN, One Time Pin or any other biometric authentication/identifier is accessed or used by someone else.
  • If you discover that your cell phone and/or SIM card has been hacked, stolen, lost, or is no longer under your control, you must immediately inform EcoCash by calling the Customer Call Centre or visiting an EcoCash service centre. As soon as reasonably possible after you notify us that your cell phone or SIM card has been hacked, lost, or stolen, we shall suspend your EcoCash Wallet for purposes of carrying out an investigation.
  • Any delay in notifying EcoCash shall be deemed negligence on your part, and neither EcoCash, Partner Banks, authorised third parties, nor any EcoCash registered Franchisee, Channel Partner, or Outlet shall be liable for any losses incurred or suffered by you as a result of such delay.
  • You will be responsible for all transactions together with all charges and taxes in respect of such transactions made before Your EcoCash Wallet was suspended. You cannot claim this money back from EcoCash, authorised third parties nor any EcoCash Registered Franchisee/Channel Partner/Outlet.
  • You indemnify EcoCash, authorised third parties and any EcoCash Registered Franchisee/Outlet in full against any claims made in respect of such transactions.
  • Your EcoCash Wallet will be reactivated only once your SIM card has been replaced or, upon your written request, your EcoCash Wallet has been transferred to a new EcoCash number.

INTELLECTUAL PROPERTY RIGHTS

  • All intellectual property related to the EcoCash platform, is owned by or licensed to EcoCash and is protected under intellectual property laws.
  • Users may not systematically copy, distribute, sell, or rent, their EcoCash Wallet without obtaining express permission from EcoCash.

FEES AND CHARGES

  • You agree to pay the applicable charges to Us for all the transactions You perform on Your EcoCash Wallet. A list of these charges can be accessed by calling the EcoCash Customer Call Centre or via our website at www.ecocash.co.zw.
  • We may, by written notice to You and/or by public notice in a widely read local newspaper, vary future Charges and/or by way of SMS, either in whole or in part, with effect from the date specified in such notice.
  • Any charges will be deducted directly from Your EcoCash Wallet on conclusion of each transaction without further notice.
  • Charges exclude any applicable taxes, including VAT, IMTT, or any other tax imposed by the Government of Zimbabwe from time to time. Such taxes will be deducted from your EcoCash Wallet, and a transaction shall not be processed if your EcoCash Wallet does not have a sufficient credit balance to pay the applicable taxes.
  • You will pay a SIM card replacement fee with Econet if Your SIM is lost, stolen or damaged.

LIMITATION OF LIABILITY

  • Without detracting from any other provisions of this Agreement, We shall not be liable to You for any loss or damage, whether direct or consequential in the event that:
    • The banking channels, networks, cell phones, internet and/or terminals or supporting networks fail, malfunction, are interrupted, suspended and/or terminated for whatsoever reason;
    • such loss or damage suffered by You, whether arising in contract, delict, statute or otherwise, unless it is directly caused by Our gross negligence, or wilful default. Default for any such act shall be limited to the amount of the loss that a reasonable person in Your position will have suffered, for the avoidance of doubt; any such loss shall exclude indirect, special and/or consequential losses and /or damages.
    • We make no representations and give no warranties of whatsoever nature to and in favour of You, whether express or implied in respect of the services in terms of this agreement.
    • We are not liable for User-generated content, opinions, or advertisements on the EcoCash Application
    • In the event that EcoCash is compelled to change or reassign Your telecommunications numbering to meet any regulatory requirements, or for any other reason, EcoCash’s liability will be limited to retaining Your EcoCash Wallet and where possible transferring such EcoCash Wallet to a new MSISDN, failing which any credit balance will be paid to You in cash.

CUSTOMER SERVICE

  • The secret word allocated to You will be used to identify You as being the rightful owner of Your EcoCash Wallet when making any queries with respect to Your EcoCash Wallet with the call centre.
  • You may call the Customer Call Centre on 114 if You want to do any of the following:
    • Receive a full list of outlets;
    • Query Your EcoCash Wallet;
    • Query any transactions performed through Your EcoCash Wallet;
    • Have a problem on Your EcoCash Wallet;
    • Lodge a complaint; and /or
    • Require further information regarding the services.

CARDHOLDER LIABILITY

  • EcoCash shall be entitled to automatically debit any wallet that is linked to the EcoCash Mastercard in respect of all transactions initiated or effected by the customer through their use of the Mastercard.
  • By using a EcoCash Mastercard you agree to be bound by these terms and conditions as well as the Mastercard Terms and Conditions.

CONFIDENTIALITY

  • The Parties shall keep all knowledge and information acquired or supplied by each to the other in terms of this agreement confidential, with the following exceptions:
    • it was in the possession of or known to the receiving party or disclosure thereof by the disclosing party other than pursuant to a breach by the receiving party of its obligation in terms of this clause; or
    • it is or becomes publicly known otherwise than pursuant to breach of its obligation in terms of this clause by the receiving party; or
    • the receiving party is required, pursuant to the order of a court of competent jurisdiction or otherwise as authorized by law to disclose such information.
    • The obligations of the parties in terms of this clause shall survive any termination of this agreement.
    • We recognize the importance of protecting the privacy of all information provided by EcoCash Subscribers. This statement is meant to affirm our utmost respect for your rights to privacy.
    • By registering for EcoCash and using EcoCash services you are consenting to the EcoCash Data Privacy and Protection Policy.
    • By registering for EcoCash and opening an EcoCash Wallet, you acknowledge that, in the course of your use of the EcoCash Services, some of your Personal Information may be shared. You consent to the processing and use of your data by EcoCash and authorised third parties for the purposes of improving, optimising, and personalising service delivery. Your data shall not be used by any third party for unauthorised commercial gain.
    • We collect personally identifiable information for purposes that include profiling EcoCash Subscribers, updating databases, marketing, credit scoring and providing user support. Save as otherwise provided herein, EcoCash does not share your Personal Information with unauthorised persons, and appropriate safeguards have been implemented to prevent unauthorised access and to ensure the confidentiality of your Personal Information.
    • You acknowledge that we may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.
    • You accept that we shall have the right to monitor your Wallet traffic and usage and may disclose Personal Information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities where legally permitted.
    • You agree that all of Your information including personal information, Your telephone conversation with Our customer call centre, and Your transactions will be recorded and stored for record keeping purposes from the date on which your EcoCash Wallet is opened.

APPLICABLE LAW AND JURISDICTION

  • This agreement shall be governed by, construed, or otherwise interpreted in accordance with the laws of Zimbabwe.
  • Both You and Us shall comply with all applicable laws and governmental regulations. Neither party is authorised or otherwise expected to take any action in the name of or otherwise on behalf of the other which would violate applicable laws and regulations.
  • You submit to the jurisdiction of the Magistrates Court in the event of any dispute leading to litigation arising out of matters in terms of this contract or connected thereto, and in any such event, You, if found liable, shall be obliged to pay Us costs at the legal practitioner-client scale, and any and all other costs and collection commission at the rate of 10% incidental thereto and so charged.

ADDRESSES FOR NOTICES

  • Your MSISDN number or the street address that You provided on the application for an EcoCash Wallet is regarded as Your chosen address where notices may be sent or delivered, and documents in legal proceedings may be served. You shall be entitled to vary your MSISDN or address upon written notice to the other parties.
  • The chosen address for EcoCash for any service of notices or documents in legal proceedings shall be 1906 Liberation Legacy Way, (Formerly Borrowdale Road) Harare, marked for the attention of the Managing Director.
  • Any notice given by one party to the other shall be deemed to have been received within the following periods;
    • Seven days after posting the notice; or
    • On the same day if the notice is hand-delivered; or
    • At the same time if the notice is sent by sms.
  • Notwithstanding anything to the contrary, we shall be entitled to send information to you via Short Message Service (SMS) to the contact cell phone number provided by you on the Application Form. For the avoidance of doubt, any such SMS messages shall be for information purposes only. You agree to receive electronic notification via SMS of transactions conducted on your Wallet. You acknowledge that the integrity and/or correctness of SMS messages transmitted cannot be guaranteed, as such messages may be tampered with before transmission, may be fraudulently abused by third parties, delays may occur, and the SMS facility may be faulty. You hereby indemnify EcoCash against any injury, loss, or damage suffered by you or any third party arising from the integrity of any SMS message.

CHANGES

  • You acknowledge and agree that the information, material, and content contained in these Terms and Conditions may be amended from time to time. EcoCash may amend these Terms and Conditions by updating its website or the EcoCash App application settings. You agree to review the applicable Terms and Conditions regularly.
  • You may not unilaterally amend these Terms and Conditions. However, you may submit comments or suggestions to EcoCash for consideration.

GENERAL

  • All copyright trademarks and other intellectual property rights used in connection with the services, the system or contained in Our documents are owned by EcoCash (Private) Limited and you agree that You acquire no rights thereto.
  • No indulgence, leniency, or extension of time, which we may give to You shall in any way prejudice Us from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
  • You must immediately tell Us if You are under an administration order, are sequestrated or have any other form of legal incapacity.
  • A certificate signed by any of Our managers (whose appointment need not be proven) as to the amount You owe Us in legal proceedings, will be sufficient proof of the facts, unless You can prove it is wrong.
  • By registering for EcoCash, you agree to receive short message service (SMS) communications relating to marketing campaigns, alerts, and promotions from EcoCash, its affiliated companies, and authorised third parties, subject to applicable law.