General Terms & Conditions

Introduction:

VITPAY offers you a smart way to make payments and use your Electronic Money through its platform. This gives you access to a gateway of the VITPAY ecosystem and any other Partners within the network.

Please note that this is a summary of the Terms and Conditions for the VITPAY Wallet, and all wallet users must read this summary.

1.       The agreement

These are the Terms and Conditions upon which you may use the VITPAY services provided by VITPAY Zambia Limited as well as its affiliates (collectively referred as VITPAY, VITPAY Zambia, We, Us), the acceptance of which constitutes a binding contract between yourself and VITPAY. Upon registering as VITPAY Wallet Customer via the App or USSD you will be required to consent to these Terms and Conditions by clicking the pop-up box for this purpose. You therefore need to read and fully understand the Terms and Conditions and if you do not agree, please do not proceed to register for and/or use VITPAY services.

By clicking “confirm” on network pages or by accepting these Terms and Conditions in other ways, you indicate that you agree with us, as per conditions prescribed to use the Service.

Before accepting, please read all the content of the Terms and Conditions carefully (especially segments that are highlighted, underlined, or in bold). If you do not agree with the contents of these Terms and Conditions, or if you do not understand the meaning of a provision accurately, please do NOT click confirm or perform any follow-up actions.

2.       Registration for the Wallet

2.1 All information provided must be complete and accurate in all respects.

2.2 VITPAY Zambia may decline your application at its sole discretion.

2.3 VITPAY Zambia may refuse to open a wallet for you in an event that your proof of identity does not meet the standard requirements for opening a wallet.

·         Upon registration and activation of your VITPAY wallet you will be requested to create a PIN which must be kept secret at all times. Please note that for any VITPAY transaction you perform you will be required to input (enter) your PIN. Your identity will be validated based on your identity card details, as well as any other Mobile Wallet details which may be needed whenever you contact the support team(s). NOTE that your PIN WILL NEVER BE USED as a basis for validation and confirmation of your identity.

·         We may cancel or terminate your wallet if we have reasons to suspect that you registered more than one account using one profile or you are engaging in high-risk transactions or performances.

3.       The VITPAY Services

3.1 VITPAY services will be made available to you subject to these Terms and Conditions.

3.1.1 Although VITPAY Zambia will ensure that you are able to make full use of the Network to access VITPAY wallet services within the coverage area. VITPAY Zambia does not guarantee that the VITPAY services will be available at all times and VITPAY will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of the VITPAY services. The VITPAY services are not fault free and factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network which may adversely interfere with the quality and provision of the VITPAY services.

3.1.2 You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. VITPAY Zambia cannot accept any liability for any loss, injury, or damage whether direct or consequential arising out of any such compromise of confidentiality.

3.2 You must comply with any instructions that VITPAY may give you from time to time with regards its Products and Services.

3.3 With the exception of calls made to our Customer Service Help line and to other designated toll-free numbers all calls will be charged according to applicable tariff plans.

3.4 Your calls, mails, emails or SMSs may be monitored or recorded for use in business practices such as quality control, training, ensuring effective system operation, prevention of unauthorized use of our telecommunications system and detection and prevention of crime.

3.5 VITPAY wallet users are not charged for the telecommunication services (i.e. SMS or USSD session) utilized to carry out the transaction.

4.       Acceptance and Commencement of Terms and Conditions

You agree that we are entitled to update the contents of this Agreement from time to time, and that such updates will be announced in advance on our Platforms. You can determine when these terms and conditions were last revised by referring to the “Effective Date” above. Your continued use of wallet Services after changes to these Terms and Conditions are announced and come into effect shall indicate that you have fully read, understood, and agreed to the amended contents. You must also comply with the content of these Terms and Conditions after it has been amended in order to continue using this Service. If you do not agree with any revised content, you will be required to opt out of the Service before the new contents come into effect.

5.       Suspension or disconnection of the services and closure of the VITPAY wallet

5.1 VITPAY Zambia may suspend (bar), restrict, or terminate the provision of its wallet services (in whole or part) and/or close your Account without Informing you and without any liability whatsoever (although, VITPAY will, where possible, try to inform you that such action is or may be taken) under the following circumstances:

5.1.1 If VITPAY Zambia becomes aware or have reason to believe that your Mobile device or MSISDN/ PIN number used in relation to the wallet services is/are being used in an unauthorized, unlawful, improper, or fraudulent manner or for criminal activities (or has been so used previously);

5.1.2 If you do not comply with any of the conditions relating to the VITPAY wallet services including these Terms and Conditions;

5.1.3 If you notify VITPAY Zambia that your Mobile device has been lost or stolen or your PIN has been lost or disclosed to any other party;

5.1.4 If you do anything (or allow anything to be done) to your Mobile device which may damage or affect the operation or security of the Network of the VITPAY services;

5.1.5 For reasons outside of our control;

5.1.6 Where your wallet is closed under Clause 5.2.

5.2 VITPAY Zambia will also close your wallet upon receipt of your request to do so.

5.3 Where the use of your PIN has been suspended or disconnected or your wallet closed any Credit balance on your wallet will be repaid to you in cash at our any of our Customer Care Centers or electronically to another wallet or Bank account. You will only be paid any Credit Balance in cash upon satisfactory evidence of your identity provided as proof of the true owner of the wallet.

5.4 VITPAY Zambia will not be responsible for any direct, indirect, consequential, or special damages arising from any act or omission by VITPAY Zambia or any third party for whom VITPAY Zambia is responsible, whether arising in contract or statute if VITPAY Zambia closes or suspends your wallet in line with Clause 6.

6.       Transactions

6.1 All transactions will be domiciled in Zambian Kwacha (ZMW).

6.2 All debit transactions from your wallet will be effected by transfer instructions authorized with the PIN which you select when you register, or by such other method VITPAY may prescribe from time to time.

6.3 Your wallet will be credited when you exchange cash for electronic money by making a cash deposit through the designated network of Agents or through a transfer from another VITPAY wallet user or a transfer from Non VITPAY wallet holders or transfer from a Bank account holder and all such amounts will be held in a Trust Account to your order.

 6.4 You may not perform any transactions from your wallet in the event that you do not have sufficient funds in your wallet to meet the value of the transaction and charges applicable thereto.

6.5 The VITPAY system will verify and confirm all transactions performed from your wallet by SMS to you. The System records will be taken as correct unless the contrary is proved.

6.6. Once your wallet is activated you will be able to perform the following transactions:

6.6.1 A Credit transaction by making a deposit in cash directly to an Agent in exchange for an equivalent amount of electronic value to be credited to your wallet. Upon a Credit transaction being made, the VITPAY System shall credit your wallet accordingly.

6.6.2 A Debit transaction by the exchange of electronic value for cash at any Agent, the withdraw of cash is validated and authorized by you when you enter your PIN on your mobile device when requested to do so by Agent who will in turn pay the equivalent amount of cash to you.

The transfer of electronic value to another wallet user within VITPAY the platform or outside the VITPAY platform by sending transfer instructions via the VITPAY app or by dialing the VITPAY short code.

6.6.2.1 The purchase of prepaid Airtime/Data by sending a recharge instruction via the VITPAY app or by dialing the VITPAY short code.

6.6.2.2 The purchase of Goods and/or Services from Authorized Retailers by transfer instructions via the VITPAY app, USSD short code or QR code of the amount to be transferred to the Authorized Retailer’s account in settlement of the Goods and/or Services purchased;

6.6.2.3 Upon any Credit transaction and Debit transaction being performed, the System shall credit or debit your wallet once the amount is equally credited to, withdrawn, or transferred by you from your wallet.

6.6.3 The System will confirm every transaction made by way of SMS together with an updated balance of your wallet.

6.6.4 Any Debit transactions given using the PIN will be charged to the wallet. As acknowledged by you unless, and until VITPAY receives notice from you that your PIN is no longer secure and/or that your Mobile device has been lost or stolen, VITPAY may rely on the use of the PIN as conclusive evidence that a Debit transaction has been authorized by you, even if it is actually made without your authority. VITPAY shall not require any written confirmation of any transaction instruction.

6.6.5 VITPAY Zambia is unable to reverse or charge - back any transfer instruction for any reason including the event of any dispute with any other Customer or an authorized Retailer. You are responsible for resolving any disputes arising with any other Customer or an Authorized Retailer without recourse to VITPAY Zambia.

6.6.7 Each transaction will be identified by a unique reference number which is used to track and identify all transactions carried out on your wallet, a confirmation via SMS will be sent to you with an updated balance of your wallet after each transaction.

7.       Money transfer reversal

7.1 You must lodge a complaint of a wrong transfer within 30 days from the date of the incident. An investigation will be conducted to establish the claim as part of processing the reversal.

7.2 VITPAY Zambia will endeavor to effect reversals of a wrong transfer within 5 working days but in any event not later than 15 working days from the date on which a request was made.

7.3 Where the amount in question is fully available in the wallet as the time of receiving the complaint, VITPAY Zambia shall hold the funds for further investigations. Funds which have been partially withdrawn cannot be held.

7.4 In the event where the amount is not in the wallet, you would be advised accordingly.

7.5 VITPAY Zambia will take reasonable steps to contact the supposed wrong recipient, through calls and SMS, within 3 working days of receiving a reversal request.

7.6 The wrong recipient must make reasonable efforts to respond to the calls and SMS during the 3 days of contact.

7.7 VITPAY Zambia will endeavor to perform the reversal after the 3 working days without any feedback from the wrong recipient.

7.8 VITPAY Zambia does not have any obligation to perform a reversal in the event of any dispute with a designated payee.

7.9 Transaction notification will be sent to both the sender and receiver upon completion of the reversal.

8.       Support

8.1 VITPAY Zambia shall provide its Customers with service support through any of the following means:

8.1.1 Customer Service line

8.1.2 Email

8.1.3 Website and Social media pages

8.1.4 Designated Agents Outlets and Customer service center

9.       Recourse Mechanism

9.1 VITPAY Wallet

Customers shall submit their complaints via the channels provided in 8.1 for resolution. Where there is any stalemate or the Customer is not happy with the feedback from VITPAY Zambia, the customer shall refer the matter to Bank of Zambia within 30 working days.

9.2 Bank of Zambia “BOZ”

The Bank of Zambia shall take up all referred unresolved complaints or disputed decisions by VITPAY and act as Arbitrator between the parties and give appropriate directives where required.

9.3 Competition and Consumer Protection Commission “CCPC”

Where a party is dissatisfied with the decisions of the Bank of Zambia, the aggrieved party may seek redress with the CCPC for resolution.

10.   Security and unauthorized use

10.1 Only one PIN number can be linked to your wallet at any time.

10.2 Only you may use your Mobile device and PIN number.

10.3 You are responsible for the safe-keeping and proper use of your Mobile device,  PIN and all transactions that take place on your wallet using your PIN. Should you enter an incorrect PIN, after three invalid attempts, you will be locked out of the system for security purposes. To restore access to your wallet, you can select the self-PIN reset options on the USSD menu, or you can visit the nearest Service Center, or you can contact customer support on + 260 765 632 229.

11.   Variations

VITPAY Zambia reserves the right to vary at any time and without prior notice to you these Terms and Conditions or the Tariffs. Variations will be notified via print Media, SMS or through VITPAY Zambia website and or by using any other suitable means provided that you shall be deemed to have been notified of any such variations regardless that the same may not have actually come to your attention.

12.   Statements

12.1 You may obtain a Statement and balance inquiry from your Mobile device and query any transactions effected using your Mobile device and PIN at the Customer Call Center.

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