Terms & Conditions

1. INTRODUCTION

• • 1.1 The following are the Payzana Mobile Application (“App”) terms and conditions (“Terms of Use”).
  • 1.2 Through this App, you will have access to information and services that are provided by the App, and also through the website [www.] (“Website”).
  • 1.3 The content (information, communications, images and sounds contained on and made available on the App) is provided by Monyglob (Proprietary) Limited (“Monyglob”), its affiliates, independent content providers and other third parties.
  • 1.4 The contents of the App are the copyright of Monyglob or its affiliates, independent content providers or third parties and all rights are accordingly reserved.
  • 1.5 The contents of the App cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any other means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Monyglob.
  • 1.6 Users agree that the material and content contained within or provided on the App is for a User’s personal use only and may not be used any commercial or other unauthorised uses.
  • 1.7 Monyglob will make all reasonable effort to maintain the App in a fully operational and functional condition. It is not responsible for the results of
    any defects that may exist or manifest themselves on the App. You should not assume that the App or its contents are error free or that the App will be suitable for the particular purposes that you may have in mind when using either. Monyglob reserves the right to make subsequent changes to the App, and services and/or functionalities may be modified, supplemented or withdrawn at any time without notice.
  • 1.8 Monyglob will make all reasonable efforts to ensure that all information provided by it on the App is accurate at the time of its inclusion. There may be errors, inaccuracies or omissions in respect of which all liability is excluded.
  • 1.9 Monyglob makes no representations or warranties about the information included on the App (including links), and Users shall be solely responsible for any decisions based on the information contained therein.
  • 1.10 Users’ dealings with, and interest in, promotions, services or retailers found on the App are solely between a User and the person/entity with whom a User is dealing with unless Monyglob states expressly otherwise.

2. MONYGLOB

• • 2.1 Monyglob is registered as an Electronic Payment Service Provider (“EPSP”) by the Bank of Botswana under the Electronic Payment Services Regulations.
  • 2.2 In terms of the above regulations, Monyglob has developed and operates Payzana, a mobile application (or the “App”).
  • 2.3 Monyglob is licensed solely as an EPSP. It is not:
    • 2.3.1 a bank, nor does it provide banking services;
    • 2.3.2 an escrow agent, with respect to any funds kept in a User’s account;
    • 2.3.3 a trustee or agent of any User;
    • 2.3.4 in a partnership, joint venture, agency or employment relationship with any User;
    • 2.3.5 having any control of, nor liability for, the products or services paid for using the App;
    • 2.3.6 in a position to guarantee the identity of any buyer or seller;
    • 2.3.7 able to ensure that a buyer or seller will complete a particular transaction;
    • 2.3.8 able to determine if a User is liable for any taxes.

3. THE APP AND FUNCTIONALITIES

• • 3.1 Payzana is a payment mobile ewallet application which was developed and owned by Monyglob which enables customers to make quick and easy financial transactions anytime and anywhere.
  • 3.2 The App can be used by Users who, if subscribed, can deposit money into their mobile wallet linked to their phone number and can access a range of products and services using a secured platform, including but not limited to domestic and international money transfers, utility payments and purchase of airtime.
  • 3.3 Users can also purchase from Payzana registered merchants, utilise QR codes’ scanning to make payments or send money to other registered Payzana Users.

4. FEATURES OF THE APP (PRODUCTS AND SERVICES)

• • 4.1 CASH IN, CASH OUT:
    • 4.1.1 Users can add money to the wallet using their credit or debit card.
  • 4.2 BANK ACCOUNT LINKING:
    • 4.2.1 Users can link their bank accounts with Payzana partner commercial banks.
  •  4.3 WALLET TO WALLET TRANSFER:
    • 4.3.1 Users can send money securely to other registered App Users.
  • 4.4 BANK TO WALLET TRANSFER:
    • 4.4.1 Users can send or add money from bank account to their wallet or to other registered App Users.
  • 4.5 MONEY VOUCHERS:
    • 4.5.1 Users can send money to any non-User or non-smart phone user through a feature called “send Payzana cash to mobile number”.
  • 4.6 MONEY TRANSFERS:
    • 4.6.1 Users can send money internationally to partner countries. Monyglob has tied up with third party international service providers for the provision of remittance services.
  • 4.7 MERCHANT PAYMENTS:
    • 4.7.1 In partnership with Prepaid Plus, Monyglob offers initiation of payments to with participating merchants to Users.

5. SECURITY FEATURES

• • 5.1 On onboarding of a User, when a user enters his mobile number, an OTP text is sent to his mobile number for verification. The OTP prompts an identification process which includes ID registration, which is verified through a further OTP message sent to his email address. Then the User will be required to enter personal information like names, gender, date of birth, postal and physical address.
  • 5.2 Anti-Money Laundering (“AML”) and Know Your Customer (“KYC”) procedures are conducted at both registration/subscription stage and for each and every transaction the User conducts on the App.
  • 5.3 A User can only register for the App if he has a valid sim card in the jurisdiction that he is resident in. A User will be blocked in the case of an invalid sim card. In addition, when a valid local number is entered, this is verified by an OTP sent to that number.
  • 5.4 A User’s identity is verified against the information stored and maintained in the Monyglob database. The system also requires that a User uploads a picture of themselves for physical verification.
  • 5.5 The User’s IP and geographical location are recorded and kept on the database, as Users can only conduct transactions when physically present in the domicile of the registered sim card.
  • 5.6 Face verification of a User goes through a number of checks, which include sending images through artificial intelligence and human intelligence through a partnership with a third party software service provider.
  • 5.7 Physical verification through a number of checks, including verification which establishes a connection between the registered physical address of a User and the origin of the documentation submitted by a User.
  • 5.8 The established screening procedure coverage includes:
    • 5.8.1 Politically Exposed Persons (“PEPs”);
    • 5.8.2 OFAC sanction lists;
    • 5.8.3 other AML watch lists;
    • 5.8.4 other global regulatory and law enforcement lists.

6. REGISTRATION/SUBSCRIPTION

• • 6.1 Please refer to Annexure A below for the step by step User on- boarding and registration process.

7. ELIGIBILITY TO USE THE APP

• • 7.1 Users must be 18 years or older to make use of the App, or be a duly authorised representative of an entity if not an individual.
  • 7.2 Users agree to provide accurate, current and complete information as prompted by the registration/subscription process, and further agree to maintain and update their information and keep it accurate, current and complete.
  • 7.3 Monyglob reserves the right to terminate any account or use of the App if any information is false, fictitious, inaccurate, not current or incomplete, without notice to Users.
  • 7.4 Users will be issued with a user ID and password to access the App. Users must keep the password confidential and not share it with any other person. Users are responsible for all activity on the App, whether or not they have authorised it.
  • 7.5 If any User becomes aware of any unauthorised activity in relation to their user ID and/or password, they must contact MonyGlob immediately.

8. COMMUNICATIONS POLICY AND CONSENT

• • 8.1 By accepting these Terms of Use, Users accept that the App may send alerts to the mobile phone number provided by the User when registering/subscribing. Users accept and acknowledge that the alerts will be received only if the mobile phone is in “on” mode. If the phone is in “off” mode then the Users may not receive or receive after delay any alerts sent during that period.
  • 8.2 Monyglob will make its best efforts to provide stable functionality and uptime of the App and it shall be deemed that Users shall have received the information sent by Monyglob as an alert and/or notification. Monyglob shall not be under any obligation to confirm the authenticity of the person receiving such alert and/or notification. Users cannot hold Monyglob liable for the non-availability of the App for any reason whatsoever.
  • 8.3 By agreeing and registering on the App, you consent to conduct transactions and receive communications, notices and information from Monyglob electronically, whether sent by e-mail or other electronic means.
  • 8.4 Electronic communications shall be deemed to have been received by Users when Monyglob sends the communication to the email address/mobile number on our database, or when the same communication is posted on the App.
  • 8.5 Users have the right to withdraw their consent at any time by contacting Monyglob, but Monyglob reserves the right to terminate a User’s account upon such withdrawal.
  • 8.6 Withdrawal of a User’s consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received by a User.
  • 8.7 Users must promptly notify MonyGlob if there are any changes in their contact details or mode of receiving communications/notifications.

9. DATA PRIVACY STATEMENT

• • 9.1 Users hereby explicitly and unambiguously consent to the processing of their personal data and/or sensitive personal data provided on the App, including the collection, use and transfer, in electronic or other form, of a User’s personal data and/or sensitive personal data, for the exclusive purpose of implementing, administering and managing the Users participation in the utilisation of the App, including in the products and services.
  • 9.2 Please see Monyglob’s full data privacy statement at [ ].

10. USE OF SITE

• • 10.1 Users accept and acknowledge that except for information, products or services clearly as being supplied by the App, MonyGlob does not operate, control or endorse any information, products or services on the internet in any way or form.

11. PROHIBITED USE

• • 11.1 By accepting these Terms of Use, Users agree not to:
    • 11.1.1 use the App for any purposes other than in accordance with these Terms of Use;
    • 11.1.2 impersonate any person or entity, or falsely claim or otherwise misrepresent and affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature. Misrepresent the source, identity or content of information transmitted via the App, perform any other similar fraudulent activity or conduct transactions with what Monyglob believes to be potentially fraudulent funds;
    • 11.1.3 infringe on Monyglob’s or any third party’s intellectual property rights, rights of publicity or rights of privacy;
    • 11.1.4 use the App whilst under 18 years without a guardian or parental sponsor or co-sign;
    • 11.1.5 post or transmit any text or message which is libelous, defamatory or which infringes on one’s right to privacy;
    • 11.1.6 refuse to co-operate in an investigation or to provide confirmation of your identity or any other information you provided to Monyglob;
    • 11.1.7 remove, circumvent, disable, damage or otherwise interfere with security related features of the App, or features that enforce limitations on the use of the App;
    • 11.1.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
    • 11.1.9 use the App in any manner that could damage, disable, overburden the App, including, without limitation, using the App in an automated manner;
    • 11.1.10 modify, adapt, translate or create derivative works based on the content on the App or any part thereof;
    • 11.1.11 intentionally interfere with or damage the operation of the App or any other User’s enjoyment of it, by any means, including the uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious codes or files with contaminating or destructive features;
    • 11.1.12 use any robot, spider, or other automatic device, or manual process to monitor or copy the App without prior written permission;
    • 11.1.13 take any that imposes an unreasonably or disproportionately large load on the App’s infrastructure;
    • 11.1.14 use any device, software or routine to bypass the App’s robot and exclusion headers, or interfere or attempt to interfere with the Services;
    • 11.1.15 forge headers or manipulate identifiers or other data in order as to disguise the origins of any content transmitted through the App, or to manipulate your presence on the App;
    • 11.1.16 provide false, inaccurate or misleading information;
    • 11.1.17 use the App to collect or obtain personal information, including without limitation, personal and sensitive personal data about other Users.

12. TERMINATION

• • 12.1 Monyglob may, in its sole discretion, for any or no reason, and without penalty, suspend or terminate a User’s account (or any part thereof) and remove and discard all or any part of a User’s account, a User’s profile, at any time.
  • 12.2 Monyglob may also in its sole discretion and at any time discontinue providing access to the App, or any part of them, with or without notice.
  • 12.3 Any suspected fraudulent, abusive or illegal activity may be referred to the appropriate law enforcement agencies.
  • 12.4 These remedies are in addition to any other remedies that Monyglob may have at law or in equity.

13. LIMITATION OF LIABILITY

• • 13.1 Under no circumstances will Monyglob or its contractors, agents, licensors, partners or suppliers be liable to Users for any special, indirect, incidental, consequential, punitive, reliance or exemplary damages (including, without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damages of any nature whatsoever) arising out of or in relation to these Terms of Use.
  • 13.2 Users agree and acknowledge that Monyglob has offered the App in reliance on the warranties and disclaimers and limitations of liability set forth in these Terms of Use, and these Terms of Use reflect a fair and reasonable allocation of risk between Users and Monyglob.

14. INDEMNITY

• • 14.1 Users hereby indemnify Monyglob for actions related to a User’s account and use of the App. Users agree to defend, indemnify and hold Monyglob harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of a User’s breach of these Terms of Use, improper use of the App, violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom a User grants permissions to use a User’s account or access the App, software, systems (including any networks and servers used to run the App) operated by Monyglob on Users’ behalves.

15. DISCLAIMER

• • 15.1 Monyglob makes no warranty, express or implied, with respect to the App, and it expressly disclaim the implied warranties of non-infringement, merchantability, and fitness for any particular purpose.
  • 15.2 Monyglob provides the App and ancillary technology and services on an “as is”, “where is” and “with all faults” basis.
  • 15.3 Monyglob does not warrant that the App and any products and services shown or described on the App, or any ancillary technology will be uninterrupted, error-free, available or operational at any particular time, or that any known defects will be corrected.

16. INTELLECTUAL PROPERTY RIGHTS

• • 16.1 Monyglob, its licensors own all the rights, title and interest, including but not limited to all the copyright, trademarks, patents, trade secrets and other proprietary rights in and to the App and the usage data. Users shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the App or attempt to reverse engineer, decompile, disassemble or derive the source code for the App or use the App to create a similar or competing product or service.
  • 16.2 Unauthorised use is strictly prohibited and all rights are expressly reserved to Monyglob.

17. MODIFICATION OF THE TERMS OF USE

• • 17.1 Monyglob reserves the right to change, modify, add or remove portions of these Terms of Use (each, a “change”) at any time by posting notifications on the App or otherwise communicating the notification directly to an individual User.
  • 17.2 The changes will becomes effective, and shall be deemed accepted by a User 24 (twenty four) hours after the initial posting and shall apply immediately going forward with respect to payment transactions initiated after the posting date.
  • 17.3 If Users do not agree with any such change or modification, the sole and exclusive remedy for a User is to terminate use of the App. For certain changes, Monyglob may be required under applicable law to give you advance notice.

18. ASSIGNMENT

• • 18.1 Monyglob shall have the right to assign/transfer these precents to any third party including its holding company, subsidiaries, affiliates, associates and group companies.

19. WAIVER

• • 19.1 The failure of Monyglob to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or term. Any waiver of any right or term of these Terms of Use will be effective only if in writing and signed by Monyglob.

20. COMPLIANCE WITH LAW

• • 20.1 Monyglob confirms that it is in compliance with all applicable law of the Republic of Botswana. Monyglob in particular draws Users’ attention to compliance with the following laws:
    • 20.1.1 Bank of Botswana Act;
    • 20.1.2 Electronic Communications and Transactions Act;
    • 20.1.3 Data Protection Act;
    • 20.1.4 Consumer Protection Act.

21. GOVERNING LAW

These Terms of Use, their enforceability and their interpretation shall be governed by the laws of the Republic of Botswana.

ANNEXURE A

[drafting note: Annexure A can be replaced by a link, as well as any other cross referenced documents in these Terms of Use, such as the Data Privacy Statement].