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TERMS AND CONDITIONS

Last updated: 05/09/2019 Version 1.1





This Terms and Conditions agreement (hereafter “Terms and Conditions” and or “Rules”) acts as a legal contract between eZaga and the user accessing the website mobile app and USSD.




Read this document carefully (hereafter the “Agreement”).

Please contact eZaga, if any of the Terms and Conditions stated in this document are not understood.






General Terms and Conditions
DEFINITIONS
1.1. The term “We”, “Us” or “Our” shall mean eZaga Holdings Pty Limited (and the Bank) jointly and or severally.




1.2. The term “Bank” shall mean First National Bank.

(Reg. No. 1929/001225/06) registered in accordance with the laws of the 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 eZaga shall mean eZaga Holdings Pty LTD, a public company (with Reg. No. 2017 / 149149 / 07),

duly incorporated in accordance with the company laws of the RSA, with offices situated in Illovo,

Johannesburg.






The Terms and conditions form an agreement between any Zaga Mobile account holder and eZaga.






Zaga Mobile account funds are held by First National Bank, which is an authorised financial services provider (FSP 3071 ).




In the event that eZaga and or the Bank allows you any tolerance 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 of eZaga and or the Bank’s rights, in regard to these Terms and Conditions. Every delivery of these Terms and Conditions is deemed to be separate and severable. If any provision is found to be flawed 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.




The Terms and Conditions herein must be understood and read carefully because they explain your and our legal rights and duties to each other. If you use any of the services available on your Zaga Mobile account, you accept that these Terms and Conditions apply to you.








Zaga Mobile account Services







Zaga Mobile account allows you to:






Send Money service
• Make purchases using the Zaga Mobile account
• Deposit money into your Zaga Mobile account
• Withdraw funds from your Zaga Mobile account
• Buy prepaid services using your Zaga Mobile account
• Buy physical and virtual merchandise / services.





You are a registered Zaga Mobile account holder once you have provided us with your identity number, name and surname and we have verified the information is correct against a bureau.




THESE RULES WILL CHANGE FROM TIME TO TIME




We reserve the right to change these rules from time to time. We will inform you about changes that are important to the Zaga Mobile account services by uploading notices about this on the service channels you use. If these are material changes, you will be notified via SMS or through a communication channel of our choice. If you do not agree to the changes being made, you may terminate use of your Zaga Mobile account services. If you choose to use the Zaga Mobile account services after change notices have been communicated, 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 involved:




A 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.




In order to access the Zaga Mobi account service, you need to:
a) have a valid South African mobile phone number;
b) have access to the USSD platform or the eZaga mobile app
c) register for a Zaga Mobi account via USSD or through the eZaga mobile app mobile application
from a valid South African mobile phone number; and
d) secure the service with a secret Personal Identification Number (PIN).



In order to Deposit or Send funds, you need to:
a) be a South African citizen and/or permanent South African resident;
b) be older than 18 (eighteen) years of age; and
c) Perform a 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.






Interest will not be earned or paid to Zaga Mobile account.


A minimum balance of R50 is required to activate the Zaga Mobile account.


The Zaga Mobile account will not be allowed to be overdrawn.


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


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 request will fail outright.



If there is already an active FICA application and you attempt applying with a new number,
we will place all the applications on-hold.


If there is already a failed application against the RSA ID number being provided, we reserve the
right NOT to process the application as this is fraud.



The Bank reserves the right to change, repeal, place or add to any Terms and Conditions of this
Agreement. Please refer to: www.ezaga.co.za for further information.



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

communication of our choice.



When fee changes are made, you have the right to choose to terminate your usage of the service
as well as terminate this Agreement.



ADDITIONAL AGREEMENTS WHICH ALSO APPLY TO YOU:


These Terms and conditions must be read with the: a) General Terms and Conditions of the platform,

b) the service channel terms and Conditions,
which includes provisions relating to the Protection of Personal Information Act (POPI). If there is a conflict regarding 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 Zaga Mobile account WILL COMMUNICATE WITH YOU


Any information or communication about the Zaga Mobile account services may be sent to you using the Zaga Mobile account app or SMS.



CALL CENTRE DETAILS
The Call Centre (086 999 0927) will be available from:

Monday to Friday: 08:30am to 06:00pm,
Saturday: 08:30am to 17:00pm
Sunday / Public holidays: 09:00am to 14:00pm.

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 contact the Call Centre.







LIMITS APPLY


Transaction and channel limits apply to Zaga Mobi account services. There are daily and monthly limits. These daily and monthly limits apply to all the Zaga Mobi account services. If the limits are reached, you will be unable to continue using the Zaga Mobi account services until some or all of the funds held in the account are utilised / the next day’s limits becomes available.

To understand the limits that apply, please visit our website, www.ezaga.co.za or contact the Call Centre for more information.

Maximum Account Balance R25,000
Maximum Daily Debit Transaction Value R 1,000
Maximum Daily Credit Transaction Value Silent
Maximum Monthly Debit Transaction Value R 25,000


FEES AND CHARGES


Some Zaga Mobile account services incur charges. To see which services incur charges and to understand what the fee is, visit www.ezaga.co.za, search for ‘Zaga Mobi account’, or call the Call Centre. These fees may change from time to time.

If there are no transactions on the Zaga Mobi account for 3 (three) consecutive months, from the 4th month, we will charge a monthly dormancy fee on the account. 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 terminated once the balance is reduced to zero.



OTHER FEES MAY ALSO APPLY


When using any other services available on the Zaga Mobi account, additional fees as noted elsewhere in this Agreement, and standard mobile network operator fees will also apply.







HOW WE TREAT YOUR PERSONAL INFORMATION


We will treat all personal information including any biometric information, which we obtain directly 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 team require the information, subject to a telephonic 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 this is necessitated, 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 086 999 0927 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 086 999 0927 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 Zaga Mobi account Send Money service, you understand that there is no agreement between us and any recipient that you nominate to access the funds in the account, this is the person to whom you send the money to, using the Zaga Mobi account service. We act on your instruction to link the money to be sent to the cell phone 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


It is onus upon you to make sure that you have the correct cell phone number of the recipient before you use the Zaga Mobile account service. We are NOT responsible if the recipient’s cell phone number changes or if funds are sent to a wrong cell phone number.















YOUR RESPONSIBILITIES CONCERNING THE Zaga Mobile account SEND MONEY SERVICE


We will send an SMS to the recipient notifying the recipient of the fact that the funds are available. It is onus on you, the sender to also inform the recipient to expect the funds before you send him/her funds using the service.

When accessing the Zaga Mobi account service for the first time, the recipient must follow the instructions to activate the service.

It is important that you, the sender explain to the recipient that any person who has access to his/her cell phone or SIM card will have access to the funds received. For that reason the recipient must keep the Zaga Mobile account PIN safe and he/she must not share the cell phone /SMS or SIM card with anyone.

If the recipient’s cell phone is lost or stolen, you or the recipient should immediately notify us and we will block use of the services.



WITHDRAWING FUNDS FROM THE Zaga Mobile account SERVICE


A Zaga Mobile account customer or Send Money recipients are able to receive cash from an e-Zaga Store.

The SMS sent to the linked cell phone number shall be prima facie proof (that is, proof on the face of it) of the amounts withdrawn by or paid to you, unless you are able to 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.



BUYING VIRTUAL & PHYSICAL MERCHANDISE / SERVICES FROM Zaga Mobi account


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



*ADDITIONAL Zaga Mobi account SERVICES Terms and conditions



Note: You must immediately notify the Call Centre if your linked cell phone number has been changed, moved to another service provider or is no longer assigned to you, by calling 086 999 0927

The service may be unavailable from time to time due to third-party services not being available, or due to our system being down due to maintenance being carried out. If the service is not available or down for any reason, please make use of other communication services available to you. You are responsible for making sure that the recipient received your message on time.













TERMINATING THIS AGREEMENT


We reserve the right to terminate this Agreement and close any account 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 eZaga, third parties, its customers, 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 Zaga Mobi account service is compromised as a result of fraud, we reserve the right to freeze all funds sent to an account from the compromised Zaga Mobi account and return to the sender, subject to an investigation.





OTHER IMPORTANT MATTERS TO NOTE REGARDING RISKS AND LIABILITY


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


WE ARE NOT RESPONSIBLE FOR ANY LOSS SUFFERED AS A RESULT OF A FAILURE, TEMPORARY BREAKDOWN OR MALFUNCTION OF ANY SORT, 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 SUFFERED AS A RESULT OF THE SERVICE BEING UNAVAILABLE AT ANY TIME DUE TO THIRD PARTY SERVICE PROVIDERS, DUE TO SYSTEM DOWNTIME OR DUE TO MAINTENANCE REQUIREMENTS.




IT IS ONUS UPON YOU TO PROVIDE THE CORRECT INFORMATION IN THE REQUIRED MANNER WHEN CREATING AN ACCOUNT OR USING ANY OF THE Zaga Mobi account SERVICES. IF YOU DO NOT COMPLY, WE WILL NOT BE LEGALLY RESPONSIBLE TO YOU OR THE RECIPIENT FOR ANY LOSS OR DAMAGE OCCURRED.


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




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. THIS ALSO INCLUDES SITUATIONS WHEREIN 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 AN ACCOUNT ARE ACCESSED BY A THIRD PARTY BECAUSE THE CELLPHONE NUMBER WAS CHURNED AND/OR 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 ACCOUNT IS COMPROMISED BECAUSE OF FRAUD, WE RESERVE THE RIGHT TO FREEZE ANY FUNDS SENT TO ACCOUNTS FROM THE COMPROMISED ACCOUNT.


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


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





INDEMNITY


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