Terms & Conditions

Terms and Conditions

These terms and conditions apply to and govern your access to and use of the Pesamoni website and the services available on the said website.

It is important that you read and understand our terms and conditions before you accept them. They contain limitations on the scope of our obligations to you, as well as limitations on and exemptions from our liability to you in the event that you suffer loss as a result of using our services.

1. General

The Pesamoni Service is offered by PesaMoni Ltd in conjunction with GSM Networks and Banking System and Stanbic Bank Uganda Limited. Stanbic Bank Uganda Limited is supervised by the Central Bank of Uganda. You must be of majority age to use the Pesamoni Service. Money transfers will be terminated into a recipient's GSM Network Mobile Money wallet. By completing the information required to send a money transfer, by providing access to the funds to be sent as well as identification as required and by accepting the Terms and Conditions, the Sender consents to the execution of the money transfer. The Sender may inform the Receiver about the money transfer. Money transfers are available to the receiver within minutes.

Transfer Fees

Written information explaining how we charge the Sender for making a money transfer is available from the Pesamoni service website, and is shown to the Sender prior to completion of the payment order. Sender will bear all fees for the money transfer. The recipient will incur withdrawal charges when accessing the money transferred to their GSM Network Mobile Money Wallet.

The Receiver's agreement with GSM Network governs the account and determines their rights, liability, fees, funds availability and account limitations. In the event of an inconsistency between the mobile phone number and the name of the Receiver, the transfer will be credited to the mobile phone number provided by the Sender.

Foreign Exchange

(a) All money transfers to Receivers' GSM Network Mobile Money wallets will be terminated in Uganda Shillings. Currency is converted at the then current rate of exchange. We calculate our rate of exchange based on commercially available interbank rates plus a margin. Most rates of exchange are adjusted several times daily in line with the relevant closing rate of financial markets globally.

(b) The currency will be converted at the time of transfer and the Receiver will receive the equivalent in local currency. Additional information about exchange rates can be obtained by contacting us.

Definitions

• "Agreement" means these Terms and Conditions of Use.
• "Bank Card" refers to a Visa or MasterCard credit card or debit card issued by or through an authorized bank.
• "Card Issuer" refers to the issuer and owner of a bank card.
• "Prohibited Purpose" refers to any unlawful purpose; to making or receiving payments for gambling services, gambling chips or gambling credits; or to sending a payment to yourself as the Receiver in order to evidence financial soundness (risk of fraud); or sending or receiving money on behalf of someone else.
• "Receiver" refers to the person identified as the beneficiary of a money transfer and is registered for Mobile Money service.
• "Sender" refers to the person who initiates the carrying out of a money transfer by using the Pesamoni Service.
• "Transaction" refers to each money transfer that you initiate under, and each other use that you make of, the Pesamoni Service.
• "Pesamoni Service" refers to any or all of the services which are made available by us by means of the Pesamoni Site.
• "Pesamoni Site" or "site" refers to the website operated by us to provide online money transmission services and related information facilities.
• "You" or "Your" refers to any person who uses the Pesamoni Site or the Pesamoni Service, whether as a Sender or as a Receiver.

2. Our Responsibility to You

2.1. Our agreement with you is that we will take reasonable care to provide the Pesamoni Service. As such, we agree to provide you with the money transmission and the related information facilities described from time to time on the Pesamoni Site.

2.2. We will generally rely without further enquiry on messages that are transmitted through the Pesamoni Site and actually received by us, unless we have actual notice that any such message is incorrect, unauthorized or forged.

2.3. We do not accept any responsibility to you for:

• The goods or services which you pay for by using the Pesamoni Service.
• Malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us.
• Any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control.
• The services provided to you by your card issuer.
• Viruses caused by third parties.
• Errors on the Site or with the Pesamoni Service caused by incomplete or incorrect information provided to us by you or a third party.
• Any unauthorized use or interception of any message or information before it reaches the Site.
• Any unauthorized use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with applicable data protection laws).

2.4. We have no obligation to you to initiate or perform a money transfer or other transaction as part of the Pesamoni Service if we are unable to obtain satisfactory evidence of your identity, we have reason to believe the transaction message is incorrect, unauthorized or forged, you provide incorrect or incomplete information, or your card issuer does not authorize your use of your bank card.

2.5. We may refuse to provide the Pesamoni Service (in whole or in part) to you if to do so may breach any applicable law, order of a court or requirement of any regulatory or governmental authority.

2.6. We may suspend the operation of the Pesamoni Site or the Pesamoni Service in whole or in part if, in our absolute discretion, we consider it appropriate to do so by reason of any circumstances beyond our control.

2.7. We reserve the right to change the Pesamoni Service without notice. We may refuse to provide the Pesamoni Service to any person without giving a reason, in particular to prevent fraud, money laundering or terrorist financing or to comply with any applicable law.

3. Your Responsibility to Us

3.1. You agree to pay our charges for each money transfer transaction which you initiate or request under the Pesamoni Service.

3.2. You must pay for the principal amount of a money transfer and our charges by using a bank card.

3.3. You acknowledge and agree that:

• When you register with us, you will provide us with true, accurate, current and complete information.
• You will maintain and promptly update such information to keep it true, accurate, current and complete.
• You will not use the Pesamoni Service for or in connection with any prohibited purpose.
• You are solely responsible for any transmitted material and/or communication which is classified as defamatory, illegal or in breach of any copyright.
• You will not initiate a money transfer or other transaction in breach of these Terms and Conditions.
• You are responsible for the security of your password and email account login.

4. Cancellation, Refunds and Administrative Charges

4.1. You have a right to cancel your agreement with us at any time, subject to the terms of this clause. This right of cancellation continues until the expiry of fourteen days beginning on the day after your acceptance of our Terms and Conditions.

You may cancel your agreement by writing to us at:

4.2. We will refund the principal amount and the transfer fee if:

• The Sender cancels, no fraud is detected, the money hasn't been delivered and the Sender's credit card has not been charged.
• The Sender cancels, fraud is detected, the money hasn't been delivered, and the Sender's credit card has not been charged.
• The transaction is declined by Pesamoni.
• The money transfer is not available to the Receiver within three (3) business days.

4.3. We will refund only the principal amount if:

• The Receiver rejects the transfer.
• The Sender cancels the transfer and the Sender's credit card has been charged.
• Payment to the Receiver is not made within forty-five (45) days.

5. Customer Service

If you discover any errors or have any problems with or related to the Pesamoni Site or Pesamoni Service, you can contact us by email at info@pesamoni.com.

6. Registration

You will be required to register with us in order to use the Pesamoni Service. Registration is subject to these Terms and Conditions.

7. Password and Security

You will choose a password and account email login upon registering with us. You are responsible for maintaining the confidentiality of your password and account email login, and are fully responsible to us for all activities that occur under your password or account email login. You agree to immediately notify us of any unauthorized use of your password or account email login or any other breach of security.

8. Intellectual Property

The Pesamoni Site and the Pesamoni Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Pesamoni Site and the Pesamoni Service shall remain our property and/or the property of such other third parties.

You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the Pesamoni Site, the Pesamoni Service or any portion thereof for any public or commercial use without our express written permission.

9. Entire Agreement

These Terms and Conditions, together with all other matters incorporated into these Terms and Conditions by reference, embody the entire agreement and understanding between you and us and supersede and terminate all prior agreements or understandings you may have with us.

10. Transfer

We have the right to transfer, assign or delegate our rights and/or responsibilities in whole or in part under our agreement with you to an affiliated company, or any third party, at any time without your consent unless such transfer would reduce your rights and/or remedies or increase your responsibilities and/or liabilities.

11. Termination and Suspension

11.1. Either you or we may terminate the agreement between us upon giving not less than 1 day's notice, save that any pending transaction will continue to be governed by these terms and conditions until completion.

11.2. We may terminate our agreement with you and/or suspend the Pesamoni Service with immediate effect and without prior notice if:

• Insufficiency of funds.
• You are in breach of any provision of these Terms and Conditions.
• It appears to us that you have become or are likely to become mentally incapable of managing your property and affairs.
• Your use of the Pesamoni Service or the Site is disruptive to our other customers.

12. Severability

In the event any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

13. Governing Law

Our agreement with you is governed by Ugandan law. We both agree that any dispute, claim or other matter relating to the Pesamoni Site or the Pesamoni Service will be dealt with by the Ugandan courts only.

14. Data Protection

Pesamoni collects, processes, holds and uses personal data provided in the money transfer instruction, together with other information provided, collected or generated for loyalty programs, marketing promotions or other services requested during the course of your relationship with Pesamoni.

Pesamoni collects your information for the purposes of providing you with the requested services - including administration, customer service, user validation, fraud prevention, and product and business development activities.

Pesamoni will disclose your information and third-party information to third parties located outside of Uganda with whom it has a contractual relationship to protect such information - such as authorized service providers, agents and other third parties as reasonably required to carry out the money transfer or to facilitate future transactions.

Pesamoni retains your information, third-party information, your marketing preferences and transaction history based on our record retention schedules or for no longer than is necessary for the purposes for which the data were collected and in compliance with applicable laws.

15. Acceptance and Commencement

You are deemed to have accepted these Conditions of Use as amended from time to time, which take effect:

• Upon registration; or
• Upon the initial activation of your Pesamoni Service.