MOOVAMONEY

TERMS AND CONDITIONS
Last updated: 18/03/2016 Version 1.6

These Terms and Conditions (hereafter “T&C’s” and or “Rules”) sets out your and Our rights and duties to each other. Read this document (hereafter the “Agreement”) carefully and keep it for your records. You must contact Edcon Limited (or The South African Bank of Athens Limited “the Bank”), if you do not understand any part of this document.

GENERAL T&C’s

1. DEFINITIONS

1.1. The term “We”, “Us” or “Our” shall mean Edcon Limited (and the Bank) jointly and or severally.

1.2. The term “Bank” shall mean The South African Bank of Athens Limited (with Reg. No. 1947/025414/06) registered in accordance with the laws of RSA, and a bank in terms of the Bank Act, 1990 (Act No. 94 of 1990).

1.3. The term “you” or “your” shall mean you, the customer.

1.4. The term Edcon shall mean Edcon Limited, a public company (with Reg. No. 2007/003525/06), and duly incorporated in accordance with the company laws of RSA, with offices situated at Edgardale, 1 Press Ave., Crown Mines, Jhb. (And shall be deemed to include, but not necessarily limited to: Edgars, Jet, JetMart, Boardmans, CNA, Red Square etc.)

These T&C’s form an agreement between you and Us. MoovaMoney funds are held by The South African Bank of Athens. The South African Bank of Athens Limited, which is an authorised financial services provider (FSP 5865).

In the event that Edcon and or the Bank allows you any indulgence or relaxation of your obligations, including any extension of time, it must not be construed as a novation (that is, a replacement of an obligation) or waiver (that is, giving up) of Edcon and or the Bank's rights, in regard to these T&C’s. Every provision of these T&C’s is deemed to be separate and severable. In the event that any provision is found to be defective and unenforceable for whatever reason, the provision must be severed from the remaining provisions, and the validity of the remaining provisions will continue to be of full force and effect.

You must read these T&C’s carefully because they explain your and Our legal rights and duties to each other. If you use any of the services available on MoovaMoney, you accept that these T&C’s apply to you.

MoovaMoney SERVICES

MoovaMoney allows you to:

• Send Money service
• Make purchases using MoovaMoney
• Deposit money into MoovaMoney
• Withdraw funds from MoovaMoney
• Buy prepaid services using MoovaMoney
• Buy physical and virtual merchandise / services.

REGISTERED MoovaMoney USERS

You are a registered MoovaMoney once you have provided Us with your identity number, name and surname and where We have verified that information against a bureau.

THESE RULES WILL CHANGE FROM TIME TO TIME

We can change these rules from time to time. We will tell you about changes that are important to MoovaMoney services by putting a notice about this on the service channels you use or if these are material changes, by sending you a notice by SMS or by channel of Our choice. If you don’t agree to the changes you should not use the MoovaMoney services anymore. If you use the MoovaMoney services after We have given you this notice, We can assume that you have read, understood and agreed to these new rules, which will be deemed to be binding between you and Us.

The following are binding on the Parties:
1. An RSA ID can only be FICA’d once on the platform – i.e. a single RSA ID cannot be FICA’d more than once on the platform.
2. In order to access the MoovaMoney service, you need to:
a) have a valid South African mobile phone number;
b) have access to the USSD platform; and
c) register for MoovaMoney via USSD from a valid South African mobile phone number; and
d) secure the service with a secret personal identification number (PIN).

3. In order to Deposit or Send funds, you need to:
a) be a South African citizen and or permanent resident;
b) be older than 18 (eighteen) years of age; and
c) perform a USSD-based GN6 FICA process from a valid South African mobile number, firstly using your valid RSA ID Number, and confirming your: first name, surname and Date of Birth from a random list.

4. Interest will not be earned or paid to MoovaMoney.

5. No minimum balance is required to activate the MoovaMoney.

6. The MoovaMoney will not be allowed to be overdrawn.

7. There is no monthly fee for access to this product or service.

8. If there is a FICA active customer with the same ID number, or there is a Bank Frozen customer with the same ID number, any new registration requests will fail outright.

9. If there is already an active FICA application and you try and apply on a new number
We will place all the applications on-hold.

10. If there is already a failed application against the RSA ID number, We will also
fail the application as fraud and freeze the service.

11. The Bank may change, repeal, place or add to any T&C’s of this Agreement. Please refer to: www.jetonline.co.za or www.edgars .co.za or www.cna.co.za

12. We shall advise you of any changes to this Agreement, including changes to fees and limits at least 30 (thirty) days before these changes take effect, and or via SMS or other channel of Our choice.

13. When fee changes are made, you have the right or choice to stop using the service and terminate this Agreement.

OTHER AGREEMENTS ALSO APPLY TO YOU

These T&C’s must be read with the: a) General Terms and Conditions of the platform, and b) the service channel terms and conditions, which includes provisions relating to the Protection of Personal Information Act (POPI). If there is a conflict about this product then this Agreement applies. If the conflict is about the use of the service channel, then the service channel terms and conditions apply.

HOW MoovaMoney WILL COMMUNICATE WITH YOU (AND CALL CENTRE DETAILS)

Any information or communication about the MoovaMoney services may be sent to you using the MoovaMoney service or SMS.

The Call Centre (087 551 1022) will be available from:
08:30am to 06:00pm on a Monday to Friday, and
08:30am to 17:00pm on Saturday, and
09:00am to 14:00pm Sunday and public holiday.
The Call Centre will not be available on Christmas Day and New Year’s Day.
To block the service on a public holiday you may phone the Call Centre.

LIMITS APPLY

Transaction and channel limits apply to the MoovaMoney services. There are daily and monthly limits. These daily and monthly limits apply to all the MoovaMoney services. If the limits are reached: you will not be able to continue to use the MoovaMoney services until some or all of the funds held in the wallet are used up, or the next day’s limits becomes available.

To understand the limits that apply, please visit www.jetonline.co.za or www.edgars.co.za or www.cna.co.za and search for ‘MoovaMoney’, or contact the Call Centre for more information.

FEES AND CHARGES

Some MoovaMoney services incur charges. To see which services incur charges and to understand what the fee is, visit www.jetonline.co.za or www.edgars.co.za or www.cna.co.za, search for ‘MoovaMoney’, or call the Call Centre. These fees may change from time to time.

If there are no transactions on MoovaMoney for 3 (three) continuous months, from the 4th month We will charge a monthly dormancy fee on the wallet. We will continue to charge this fee until a transaction occurs or the balance on the service is reduced to zero (R0-00). The service will be closed once the balance is reduced to zero.

OTHER FEES MAY ALSO APPLY

When using any other services available on MoovaMoney, additional fees as noted elsewhere in this Agreement, and standard mobile network operator fees may also apply to you.

HOW WE TREAT YOUR PERSONAL INFORMATION

We will treat any personal information you, including any biometric information, which We collect from you directly or from third parties, as confidential and We will take all reasonable steps to protect your personal information.

We will only process your personal information where:

  • you have given Us your consent;
  • the law requires Us to do so;
  • to detect, prevent and report theft, fraud, money laundering and other crimes;
  • it is in the public interest to do so;
  • Our interests require disclosure, for example default or breach of this agreement;
  • to manage Our relationship with you;
  • Our internal marketing and product development require the information, subject to antelephonic or SMS opt-out request from yourself; and
  • to process payment instructions.

We may disclose some of your personal information to specific third parties, who are also under obligation to keep your information secure and confidential. If We do this We will never disclose more information than We need to.

You have the right to access the information We have about you by contacting Us at phone 087 551 1022 You have the right to correct or delete information about you in specific circumstances, you may withdraw your consent and you have the right to object and file a complaint about Us, please contact Us on 087 551 1022 to do so.

COMPLAINTS

Please refer your complaints to the Call Centre.

If your complaint falls within the jurisdiction of the Banking Ombudsman, you have the right to refer any dispute that We cannot resolve within a reasonable period of time, to the office of the Banking Ombudsman.

NO AGREEMENT BETWEEN US AND A RECIPIENT

When you use the MoovaMoney Send Money service, you understand that there is no agreement between Us and any recipient that you nominate to access the funds in the wallet, this is the person to whom you send the money using the MoovaMoney service. We act on your instruction to link the money to be sent to the cellphone number you provide. We will not become involved in any dispute between you and any recipient or you and any third party product and or service provider.

CHANGES TO RECIPIENT’S CELLPHONE NUMBER

You must make sure that you have the correct cellphone number for the recipient before you use the MoovaMoney service. We are not responsible if the recipient’s cellphone number changes or if funds are sent to a wrong cellphone number.

YOUR RESPONSIBILITIES CONCERNING THE MoovaMoney SEND MONEY SERVICE

We will send an SMS to the recipient notifying the recipient of the fact that the funds are available in the wallet. You must also let the recipient know to expect the funds before you send him/her funds using the service.

When accessing the MoovaMoney service for the first time, the recipient must follow the instructions to activate the service.

It is important that you explain to the recipient that any person who has access to his/her cellphone or SIM card will have access to the funds received. For that reason the recipient must keep the PIN MoovaMoney safe and must not give the cellphone or message or SIM card to anyone.

If the recipient’s cellphone is lost or stolen, you or the recipient must immediately notify Us and We will block use of the services.

WITHDRAW FUNDS FROM THE MoovaMoney SERVICE

A MoovaMoney customer or Send Money recipients can get cash from an Edcon Store.

The POS till receipt / slip shall be prima facie proof (that is, proof on the face of it) of the amounts withdrawn by or paid to you, unless you can prove otherwise.

The Withdrawal Voucher Number will expire after a pre-defined period.

It is the customer’s responsibility to keep their PIN safe and secure.

BUY VIRTUAL & PHYSICAL MERCHANDISE / SERVICES FROM MoovaMoney

A MoovaMoney customer can buy various virtual and physical merchandise / services. All of these services are non-refundable.

*ADDITIONAL MoovaMoney SERVICES T&C’s

Note: You must immediately notify the Call Centre if your linked cellphone number has been changed, moved to another service provider or is no longer assigned to you, by calling 087 551 1022

The service may be unavailable from time to time because of third-party services not being available, or because Our system is down or because We need to carry out maintenance. If the service is not available or down for any reason you must use other communication services available to you. You are responsible for making sure that a recipient received your message on time.

ENDING THIS AGREEMENT

We have the right to end this Agreement and close any wallet at any time after We give you reasonable notice of this.

We may block / terminate / suspend the service with or without notice to you if:

  • if you breach these rules.
  • if you or the recipient uses the service for illegal, unlawful or fraudulent purposes.
  • if it is necessary to protect Edcon, third parties, its customers or its systems or any recipient.
  • there is fraud or suspected fraud by you or the recipient or any other person in relation to the service.
  • We are required to do so by law.
  • Nothing in this clause prevents Us from taking any other action.

If a MoovaMoney service is compromised because of fraud, We may freeze all funds sent to a wallet from that MoovaMoney wallet and return to the sender, subject to an investigation.

OTHER IMPORTANT MATTERS TO NOTE RISKS AND LIABILITY

YOU USE THIS SERVICE AT YOUR OWN RISK. THERE ARE NO GUARANTESS REGARDING THE SERVICE TO YOU OR TO ANY OTHER PERSON.

WE ARE NOT RESPONSIBLE FOR ANY LOSS YOU MAY SUFFER AS A RESULT OF A FAILURE, TEMPORARY BREAKDOWN OR MALFUNCTION OF ANY CHANNEL, RESULTING FROM CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

DURING PERIODS OF LOAD SHEDDING OR POWER FAILURES WE CANNOT GUARANTEE THE PROVISION OF THE SERVICE, IN THIS INSTANCE WE DO NOT ACCEPT ANY LIABILITY WHATSOEVER.

WE ARE NOT LIABLE FOR ANY LOSS YOU MAY SUFFER AS A RESULT THE SERVICE BEING UNAVAILABLE FROM TIME TO TIME DUE TO THIRD PARTY SERVICE PROVIDERS OR DUE TO SYSTEM DOWNTIME OR DUE TO MAINTENANCE REQUIREMENTS.

NOTE: INFORMATION SENT OVER PUBLIC NETWORKS MAY BE SUBJECT TO UNLAWFUL MONITORING AND INTERCEPTION.

YOU MUST PROVIDE THE CORRECT INFORMATION IN THE REQUIRED MANNER WHEN CREATING A WALLET OR USING ANY OF THE MoovaMoney SERVICES AVAILABLE ON THE WALLET. IF YOU DON’T DO SO WE WILL NOT BE LEGALLY RESPONSIBLE TO YOU OR THE RECIPIENT FOR ANY LOSS OR DAMAGE.

IF THE CUSTOMERS SIM CARD IS ILLEGALLY SWAPPED AND FRAUDULENTLY USED, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR THE CUSTOMER SUFFERS.

WE WILL NOT BE LIABLE TO YOU OR ANY RECIPIENT FOR ANY LOSS OR DAMAGE ARISING DUE TO USE OF THE SERVICE, UNLESS SUCH LOSS OR DAMAGE AROSE BECAUSE OF OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

WE ARE NOT LIABLE FOR ANY UNAUTHORISED TRANSACTIONS THAT OCCUR BY ANY PERSON OTHER THAN THE RECIPIENT, UNLESS YOU CAN PROVE GROSS NEGLIENCE AND/ OR MISCONDUCT BY US.

WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU OR THE RECIPIENT MAY SUFFER AS A RESULT OF FUNDS SENT TO THE WRONG CELLPHONE NUMBER OR IF AN INSTRUCTION IS DUPLICATED. IT ALSO INCLUDES SITUATIONS WHERE THE RECIPIENT MAY NOT BE LEGALLY ENTITLED TO THE FUNDS FOR ANY REASON.

WE WILL NOT BE RESPONSIBLE TO YOU OR THE RECIPIENT OR ANY OTHER PERSON IF THE FUNDS IN A WALLET ARE ACCESSED BY A THIRD PARTY BECAUSE THE CELLPHONE NUMBER WAS CHURNED AND RE-ALLOCATED UNDER THE RICA PROCESS.

WE CANNOT GUARANTEE THAT THE RECIPIENT WILL RECEIVE THE NOTIFICATION MESSAGE SINCE THIS DEPENDS ON THE SERVICE OF THE MOBILE NETWORK OPERATORS. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO ANY PERSON (DIRECTLY OR INDIRECTLY) BECAUSE OF THE OPERATION OF, FAILURE, OR MALFUNCTION OF THIRD PARTY SYSTEMS OR COMMUNICATION DEVICES.

IF ANY WALLET IS COMPROMISED BECAUSE OF FRAUD, WE MAY FREEZE ANY FUNDS SENT TO WALLETS FROM THAT WALLET.

WE WILL NOT GET INVOLVED WITH ANY DISPUTES BETWEEN YOURSELF AND ANY RECIPIENT REGARDING ANY PAYMENTS MADE.

INDEMNITY

YOU INDEMNIFY US FULLY FOR ALL LOSS OR DAMAGE YOU, OR THE RECIPIENT OR ANY OTHER PERSON SUFFERS BECAUSE OF YOUR USE OF THE SERVICE OR BECAUSE YOU DID NOT FULFIL YOUR OBLIGATIONS UNDER THESE RULES. YOUR USE OF THE MoovaMoney SERVICE MAY BE RESTRICTED OR RESTRAINED WHERE YOU HAVE NOT FULFILLED YOUR OBLIGATIONS UNDER THESE RULES.

Important contact details are as follows:

Description Address

Latest T&C’s: www.jetonline.co.za or www.edgars .co.za or www.cna.co.za

Query on wallet: Call Centre : 087 551 1022

Limits on a wallet : www.jetonline.co.za or www.edgars. co.za or www.cna.co.za
Terminate wallet or service : Call Centre 087 551 1022

Banking Ombudsman

P.O. Box 87056
Houghton
2041

(+27 11) 712 1800
(+27 11) 483 3212
0860 800 900

[email protected]
www.obssa.co.za

FAIS Ombudsman

P.O. Box 74571
Lynwood Ridge
0040

(+27 12) 470 9080
(+27 12) 348 3447/09/ 97
0860 324 766

[email protected]
www.faisombud.co.za

The Banking Council

P.O. Box 61674
Marshalltown
2107

(+27 11) 645 6700
(+27 11) 645 6896

[email protected]
www.banking .org.za