M-PESA Customer Terms & Conditions
This Agreement contains the complete terms and conditions that
apply to your participation in Safaricom M-PESA's mobile money
transfer service and supersedes all other agreements entered
between you and Safaricom M-PESA Ethiopia PLC (“Safaricom
M-PESA”) with respect to the M-PESA mobile money transfer
services. These terms and conditions take effect on the date
of your registration to the M-PESA Services. By participating
in or continuing to use the M-PESA Service you shall be deemed
to be making an affirmative statement of your acceptance of
these terms and conditions.
- Definitions
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) “Account” means your M-PESA Account, being the record
maintained by Safaricom M-PESA of the amount of E-Money
from time to time held by you and represented by an
equivalent amount of cash held by a Trust Account on
your behalf;
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“Affiliate” means any entity, individual, firm, or
corporation, directly or indirectly, through one or more
intermediaries, controlling, controlled by, or under
common control with either party
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“Agent” means a person appointed to offer M-PESA
registration, cash-in, and cash-out services and
includes, as applicable, participating ATM networks,
cash vending machines and electronic vending outlets,
and any other entity approved by Safaricom M-PESA
further details of which may be obtained from Safaricom
M-PESA;
- “Cash” means the lawful currency of Ethiopia;
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“Dormant Account” means an account that has had no
financial activity for a long period of time, as
stipulated under the laws of the National Bank of
Ethiopia.
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“E-Money” means the electronic monetary value depicted
in your M-PESA Account representing an equal amount of
Cash held by the Trust Account and which may be redeemed
through an M-PESA Agent for an equal amount of Cash;
-
“Foreign National” means a person who is not a citizen
of Ethiopia irrespective of whether the person is a
permanent resident in Ethiopia.
-
“Guardian” means a person who is legally authorized to
access funds in your M-PESA Account in the event of your
permanent disability;
-
“Merchant” means a person engaged in the trade of goods
and/or services and holds its own M-PESA Account;
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“M-PESA Services” or “M-PESA” means the money transfer
services provided by Safaricom M-PESA including
issuance, management, and redemption of E-Money and
Cash;
-
“M-PESA System” or “M-PESA” means the system operated by
Safaricom M-PESA providing the M-PESA Services;
-
“Network” means the Global System for Mobile
Telecommunication (“GSM”) system operated by Safaricom
Telecommunications Ethiopia PLC (Safaricom Ethiopia),
which is an Affiliate of Safaricom M-PESA, and covering
those areas within Ethiopia as stipulated from time to
time by us;
-
“Outlet Operator” means the assistant attending to you
at an Agent Outlet;
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“Outlet” means any shop, unit, or other retail premises
or portion thereof operated by an Agent ;
-
“Participant” or “User” means any person that
participates in the M-PESA System by using the M-PESA
Services to send or receive money and includes any
person that facilitates the redemption of E-Money;
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“Personal Information” means personal identifiable
information which includes but is not limited to name,
address, phone number, identification number, and
location data;
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“PIN” means your personal identification number being
the password you choose to access and operate your
Account and includes the one-time 4-digit PIN sent to
you on registration for activating your Account;
-
“Pre-paid Airtime” means mobile phone calling credit on
Safaricom Ethiopia Network;
-
“Registration Form” means the registration form
containing registration details;
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“Safaricom M-PESA Products and Services” means any
products and services provided to you by Safaricom
M-PESA whether under this Agreement or otherwise to be
introduced from time to time;
-
“Secret Word” means the secret password allocated to you
upon activation of your M-PESA Account by keying in the
PIN;
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“SIM Card” means the subscriber identity module which
when used with the appropriate mobile phone equipment
enables you to use the M-PESA Services;
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“SMS” means a short messaging service that enables the
transmission of text messages from one mobile phone to
another;
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“Successor” means a person who is legally authorized to
access funds in your M-PESA Account in the event of your
death;
-
“Transaction” means the movement of money into, or out
of your M-PESA Account;
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“Trust Account” means an account opened in a licensed
bank by M-PESA Service to hold a cash equivalent of the
electronic money issued;
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“You” or “your” means the M-PESA Customer who has
registered to use the M-PESA Service;
- Service Description
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Safaricom M-PESA operates the M-PESA mobile money
transfer service, allowing you to send and receive money
through your registered mobile phone.
-
M-PESA is available to all Safaricom Ethiopia
subscribers upon registration for the M-PESA Services.
-
You may register for an M-PESA Account with any M-PESA
Agent or at any Safaricom M-PESA retail center by
completing the M-PESA Registration Form.
-
Safaricom M-PESA may in its absolute discretion restrict
or limit the number of accounts you may operate at any
one time.
-
Safaricom M-PESA may for good cause (assessed by
Safaricom M-PESA in its absolute discretion) refuse to
register or revoke any person’s registration on the
M-PESA System.
-
You may acquire E-Money in your M-PESA account by
depositing Cash at an M-PESA Agent outlet or receiving a
remittance of E-Money from another M-PESA Participant,
and, as applicable, through an international money
remittance from a participating remittance service
provider or through any other acceptable means that
Safaricom M-PESA may provide.
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All Transactions shall be denominated in Ethiopian Birr.
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Subject to the prescribed Transaction limits and the
provisions of these Terms and Conditions, the balance of
your M-PESA Account is redeemable at any time and shall
be disposed of only in accordance with your instructions
given via the M-PESA System.
-
You acknowledge that Safaricom M-PESA is neither a bank
nor a deposit-taking institution.
-
You acknowledge that all charges applicable to the
M-PESA service are set forth in a separate fee schedule
available at Agent outlets and as may be published from
time to time by Safaricom M-PESA in its website at
www.safaricom.et
and are subject to change at any time at Safaricom
M-PESA’s sole discretion.
-
Your Cash represented as E-Money is held in a Trust
Account. By participating in and/or continuing to use
the M-PESA Services you acknowledge your money in a
Trust Account shall be managed by Safaricom M-PESA on
your behalf.
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Upon approval by the National Bank of Ethiopia,
Safaricom M-PESA may transfer not less than 80 (eighty)
percent of any net return derived from your portion of
the Trust Account to you, the remaining amount to be
retained by Safaricom M-PESA.
-
Notwithstanding sub-article 2.12 hereinabove, and upon
securing guidance from the National Bank of Ethiopia,
you hereby consent for Safaricom M-PESA to invest your
portion of the net return from a Trust Account in
community-based activities.
- Account Opening and Maintenance
The following
conditions must be met before opening an M-PESA Account in
your name:
-
You must be at least 18 years old with the capacity to
enter into contracts.
-
You must have an M-PESA-enabled SIM card through which
you may access the M-PESA Services. If your SIM card is
not M-PESA enabled, you may swap it at a nominal fee for
one that is M-PESA enabled.
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By using M-PESA enabled SIM card, you hereby consented
for Safaricom M-PESA to use your personal data available
at Safaricom Ethiopia’s network, to enable the
activation and use of the M-PESA account.
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You must complete the Registration Form and submit it
when duly completed and signed by you. For the avoidance
of doubt, a completed Registration Form shall bear your
name as it appears on your ID and such other information
as may be required. The Registration Form may be filled
in and accepted by electronic means.
-
You must provide sufficient proof of identification (ID)
acceptable by the applicable laws. Copies of the ID
provided may be retained by the Agent facilitating your
registration.
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You must not provide any false, inaccurate, incomplete,
or misleading information.
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Notwithstanding the generality of the foregoing, a
person with parental authority may open and maintain an
account in their name for and on behalf of a minor. For
purposes of this agreement, a person with parental
authority shall include the birth parents of a minor, a
legal guardian, or another person who can demonstrate
legitimate authority over the minor’s affairs.
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You are responsible for ensuring that your registration
details are maintained up to date.
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Safaricom M-PESA may reject your application at its
discretion if any of the account opening requirements
are not met or if you fail to provide us with
satisfactory proof of identification.
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Safaricom M-PESA reserves the right to request further
information pertaining to your account at any time
failure of which may result in a limitation on usage of
the M-PESA Service, suspension, or termination of the
Account.
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You must not maintain more than five M-PESA Accounts.
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You may elect to have a Level 1 Account or Level 2
Account which shall have a daily aggregate transaction
limit as defined by the National Bank of Ethiopia from
time to time.
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Notwithstanding sub-article 3.11 hereinabove, Safaricom
M-PESA reserves the right to allocate higher Transaction
limits after exceptional authorization from the National
Bank of Ethiopia.
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If you have more than one account with a similar Level,
the aggregate balance of all accounts shall not exceed
the respective category limit where the account belongs.
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If you have more than one electronic account with
different Levels, the limit of the higher Level shall
apply.
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Subject to Safaricom M-PESA’s due diligence and vetting,
you may obtain an official statement of your M-PESA
Account from any Safaricom M-PESA retail center for
which you may be charged a fee. An official statement of
account shall be conclusive evidence of the Transactions
carried out on your M-PESA Account during the period
covered in the statement.
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For the avoidance of doubt the contents of any statement
obtained from a retail center pursuant to clause 3.15
shall not be produced as evidence in any civil or
criminal court. Safaricom M-PESA may however provide the
evidence upon receipt of a valid court order or request
from law enforcement authorities.
- Privacy Policy
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Safaricom M-PESA recognizes the importance of protecting
the privacy of all information provided by users of
M-PESA. This statement is meant to affirm our utmost
respect for your right to privacy.
-
Safaricom M-PESA collects personally identifiable
information that we use to profile M-PESA Users and
administer individual M-PESA accounts, update M-PESA
databases, and provide User support.
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Save as provided hereunder, Safaricom M-PESA does not
share your Personal Information with unauthorized
persons and adequate safeguards have been put in place
to prevent unauthorized access and to ensure the
confidentiality of your Personal Information.
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You acknowledge that by using the M-PESA Services, some
of your Personal Information will be passed on:
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to any person whom you receive E-Money from, or send
E-Money to and will be available to any third party
involved in the operation of the Service including
without limitation, M-PESA Agents, ATM switch
providers, and our technology providers as
applicable);
-
to other Users at any stage in the course of the
M-PESA Transaction for the purposes of their use of
the M-PESA Services; and
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You hereby authorize Safaricom M-PESA to share with,
provide or disclose to such Users, and third parties
with which you have separately contracted or with
which you intend to contract (and have informed
Safaricom M-PESA of this intention in writing or
electronically through the M-PESA System), your
Personal Information including any Transaction data,
information pertaining to you or your M-PESA
Account, or your usage of Safaricom M-PESA Products
and Services provided that the authority given to
Safaricom M-PESA to disclose information to such
third parties (not being a law enforcement,
investigative or regulatory authority) pursuant to
this clause may be withdrawn at any time.
-
You acknowledge that Safaricom M-PESA may verify your
identity information through publicly available and/or
restricted government databases in order to comply with
regulatory requirements.
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You accept that Safaricom M-PESA shall have the right to
monitor your account usage and may disclose Personal
Information to local law enforcement or investigative
agencies or any competent regulatory or governmental
agencies to assist in the prevention, detection or
prosecution of money laundering activities, fraud, or
other criminal activities.
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Safaricom M-PESA employees who handle Personal
Information are under an obligation to treat it
confidentially and may not disclose it to unauthorized
third parties. Safaricom M-PESA employees are also
responsible for the internal security of the
information. Employees who violate Safaricom M-PESA’s
privacy policies are subject to a range of disciplinary
actions.
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Any person submitting any information to Safaricom
M-PESA through the M-PESA System may be granted access
rights to that information. Safaricom M-PESA has
developed systems that enable access and correction of
information submitted to it.
- Account Usage
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After your account has been opened and activated, you
will be able to initiate the following Transactions:
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load E-Money through a participating Agent outlet;
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send E-Money to and receive E-Money from other
users;
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withdraw Cash from your Account through
participating M-PESA Agents.
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withdraw Cash from your Account through
participating ATM networks (if available);
- buy Safaricom Ethiopia Pre-paid Airtime;
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pay utility bills or make one-off or periodic
payments or remittances to participating utility
providers, financial institutions, charity
organizations, etc.;
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pay for goods purchased from participating
Merchants;
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manage your Account (e.g., check balance inquires,
change PIN, etc.); and
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any other Transactions allowed by the National Bank
of Ethiopia and as may be introduced by Safaricom
M-PESA or financial institution partners from time
to time.
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Safaricom M-PESA does not warrant that all
functionalities shall be available at all times, may be
in the process of getting approval from the National
Bank of Ethiopia, and may withdraw any functionality or
the M-PESA Service in general as a direct result of new
or amended legislation, statutory instrument, government
regulations or policy or any other compelling reason.
-
Safaricom M-PESA may provide additional functionality on
the M-PESA menu following integration with platforms of
financial institutions and other entities providing you
with specified services. Such functionality may give you
limited access to the platforms of financial
institutions or other entities. By using such
functionality to gain access to other platforms, you
hereby agree to indemnify Safaricom M-PESA against, and
hold Safaricom M-PESA harmless from, any losses arising
from your access to such external platforms.
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In the event of any review of our business planning,
technical, public interest, or operational reasons,
changes within the industry, recommendations from
regulatory bodies, or similar events, Safaricom M-PESA
may vary these Terms and Conditions or policies
affecting usage and shall notify you of such changes
through appropriate means. Your continued use of the
M-PESA Service shall be deemed to be your acceptance of
all such varied terms and conditions or policies.
- M-PESA Access Responsibility
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Access to the M-PESA Services is PIN protected. You
hereby agree to guard your PIN and not to disclose it to
any third party including M-PESA Outlet Operators,
Safaricom M-PESA staff, or any person purporting to have
authority to ask for it.
-
You acknowledge that you shall be solely responsible for
the security of your PIN and Secret Word. Safaricom
M-PESA shall not be liable for any disclosure of your
PIN to any third party, and you hereby agree to hold
Safaricom M-PESA harmless from any losses that result
from any PIN disclosure.
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You are responsible for all instructions given to
Safaricom M-PESA in relation to your M-PESA Account.
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Safaricom M-PESA shall deem each correct PIN entry as
being performed by the legitimate owner of the M-PESA
Account and shall regard all subsequent Transactions as
validly performed by you.
- Loading E-Money
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You may load E-Money into your M-PESA Account only and
not directly into another M-PESA participant’s M-PESA
Account.
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In order to load E-Money, you must complete the
information requested, including passing the identity
and security validation and verification procedures to
ascertain that you are the owner of the account and then
hand over Cash equivalent to the E-Money sought to be
loaded to the M-PESA Agent.
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After handing over the Cash to the M-PESA Agent, you
must ensure that you receive an SMS confirmation receipt
that will serve as conclusive evidence that you have
successfully completed the deposit Transaction.
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Safaricom M-PESA shall, subject to Transaction limits on
the M-PESA System, process the requests you make
immediately after being satisfied that you have passed
all identity and security validation and verification
procedures. In the event of a dispute over the deposit
of the funds, it shall be sufficient for Safaricom
M-PESA to show a logical association between the
Transaction and the verification of identity and/or
security procedures conducted to ascertain the identity
of the person entitled to the funds.
- Transferring E-Money
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Transaction limits and charges as prescribed by
Safaricom M-PESA shall apply each time you use the “Send
Money”, “Pay Bill”, “Buy Goods and Services” or other
functionalities that effect the transfer of funds from
your M-PESA Account.
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Your Transaction request will not be completed:
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If you have insufficient funds in your M-PESA
Account to complete a Transaction or to cover the
charges for a Transaction;
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If you have reached the maximum Account balance
limit prescribed by Safaricom M-PESA and the law;
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If you have reached the daily limit prescribed by
Safaricom M-PESA and the law;
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If your Account has been temporarily suspended or
permanently frozen on valid grounds;
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If there are any other compelling reasons such as
temporary system delay or outage;
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If you cancel the Transaction request within such
timeline indicated to You and use such functionality
made available for that purpose.
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You may send E-Money to any Participant on the M-PESA
System as well as any mobile telephone user on any
network in Ethiopia by following the instructions on
your phone’s M-PESA menu.
-
You will be charged a fee for any transactions you
undertake. The fee will be in accordance with applicable
tariffs and charges, to be published on the Safaricom
M-PESA website and/or any other means of communication.
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If the E-Money in your M-PESA Account is not enough to
carry out your Transaction (including covering the
Transaction cost) request in full, the Transaction will
not be completed, and no E-Money will be debited from
your M-PESA Account.
-
Upon the successful completion of your Transaction to
another M-PESA Participant, Safaricom M-PESA will
immediately cause the transfer of the E-Money to the
other Participant’s M-PESA Account. You and the
recipient will both be notified by SMS as to the
completed status of your transaction.
-
Where Safaricom M-PESA is unable to complete a
transaction, you will be notified by SMS as to the
reasons for not completing the transaction.
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Each Transaction you undertake will be accompanied by a
unique receipt number that will appear in the
confirmation SMS sent to you and will include an updated
balance of your Account. This receipt number may be used
to track and identify the Transactions carried out on
your Account and the SMS should therefore not be deleted
if reliance on it will be required.
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Upon the successful transmission of E-Money from your
Account to the registered recipient’s M-PESA account,
the title to the E-Money will pass to the recipient.
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Where the recipient is not registered on the M-PESA
System, the title to the E-Money will remain with you.
However, you will not be able to withdraw the funds or
send the funds to any other recipient or otherwise
reverse the Transaction unless the initial Transaction
is canceled by Safaricom M-PESA upon the failure of the
recipient Participant to accept the remittance within
the stipulated time frame as stated under clause 8.12.
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If the recipient does not have an M-PESA account,
Safaricom M-PESA will send the recipient an SMS
containing a one-time voucher to enable them to cash the
value sent to them.
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If within 7 days (or such shorter or longer period as
may be determined by Safaricom M-PESA) of the
Transaction being made to a non-registered recipient,
the recipient has not opened or cashed their voucher,
Safaricom M-PESA will cancel the Transaction and the
E-Money will be sent back to your Account. You will be
notified by SMS of the cancellation and reversion of the
E-Money.
-
A Transaction once completed is final and irrevocable.
As such, Safaricom M-PESA shall not be under any
compulsion to reverse any Transaction.
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Notwithstanding clause 8.13, Safaricom M-PESA reserves
the right, at its sole discretion, to cancel or reverse
a Transaction if reasonable grounds such as manifest
error or fraud, or duress or criminal force are shown
and PROVIDED that the recipient has not redeemed the
E-Money and the reversal claim is made within one (1)
month of the erroneous Transaction date.
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Without prejudice to clause 8.14, Safaricom M-PESA will
not be compelled to refund or compensate you as a sender
if the E-Money is sent to a recipient mistakenly or in
error or fraudulently or under duress and subsequently
redeemed for Cash or otherwise spent by the recipient of
the mistaken, erroneous, or fraudulent Transaction and
you hereby agree to hold Safaricom M-PESA harmless from
any losses arising from a mistaken, erroneous or
fraudulent transfer of funds or any transfer of funds
from your Account effected under duress or under
coercion or criminal force.
- Receiving E-Money
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If you are registered on the M-PESA System and you
receive an SMS informing you that you have received
E-Money from another M-PESA Participant or through
international money remittance, the E-Money shall be
loaded to your M-PESA Account immediately and you may
redeem the E-Money at any Agent Outlet or participating
ATM networks or transfer the funds to a third party by
following the M-PESA menu options on your mobile phone.
-
If you receive funds in error, you acknowledge that you
shall be obliged to return the funds to the sender
failing which Safaricom M-PESA may reverse the payment
to the sender.
-
You may be liable to face criminal prosecution (based on
applicable laws of Ethiopia) for consuming or utilizing
funds sent to you in error.
- Withdrawal (Redemption) of E-Money
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Agent Outlets: Upon passing the vetting requirements
conducted by an Agent, you may withdraw your E-Money at
participating Agent Outlets by accessing your Account
and following the prompts on your phone’s M-PESA menu;
however, any withdrawal Transaction must be initiated
and completed within an Agent’s premises and you must
ensure you receive an SMS confirmation receipt which
will serve as conclusive evidence of the successful
completion of the withdrawal Transaction.
-
ATM Outlets/ Cash Vending Machines/Electronic Vending
Outlet: Subject to availability, you may withdraw your
E-Money at participating ATM network Outlets, Cash
Vending Machines, or Electronic Vending Outlets at any
time by accessing your M-PESA Account and following the
prompts on your phone’s M-PESA menu. You may receive a
one-time voucher which should be cashed at participating
ATM networks within the prescribed timeframe. Failure to
do so will cause the voucher received to expire.
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Safaricom M-PESA shall, subject to Transaction limits on
the M-PESA System, process the requests you make
immediately after being satisfied that you have passed
all identity and security validation and verification
procedures. In the event of a dispute over the
redemption of the funds, it shall be sufficient for
Safaricom M-PESA to show a logical association between
the Transaction and the verification of identity and/or
security procedures conducted to ascertain the identity
of the person entitled to the funds.
-
Subject to any other provisions to the contrary, you
will be charged a withdrawal fee each time you withdraw
funds from your M-PESA account.
- Intellectual Property
All intellectual property
rights in the M-PESA Service including the M-PESA trademark
are the property of Safaricom M-PESA and/or its affiliates.
Any unauthorized reproduction, modification, distribution,
or republication of M-PESA materials or intellectual
property, without the express prior written consent of
Safaricom M-PESA and/or its affiliates is strictly
prohibited.
- Fees
-
You are responsible for the payment of all applicable
fees. Safaricom M-PESA publishes fees payable in
information pamphlets, Agent Outlets, and/or on the
Safaricom M-PESA website. Safaricom M-PESA’s Customer
Care department will be on hand to assist you with the
fee schedule if you are uncertain about the applicable
fee.
-
All fees are deducted at source and are subject to
change at any time at Safaricom M-PESA’s sole
discretion.
-
Fees payable on each Transaction will be deducted from
your M-PESA Account at the completion of each
Transaction. Your new balance on completion of the
Transaction shall be notified to you by SMS.
- Suspension, Termination, and Dormant Account
-
Safaricom M-PESA reserves the right at its sole
discretion, to suspend or terminate the agreement if you
use the M-PESA account for unauthorized purposes due to
your abuse of any of the M-PESA Services and/or
functionalities provided to you for purposes of
utilization of the M-PESA Services.
-
Your Account shall be classified as a Dormant Account
and suspended if;
- you port your number to other networks,
-
if your account did not show any transaction for
12(twelve) consecutive months.
-
In the event of account suspension for reasons provided
above under clause 13.2, Money held to your credit shall
not be lost and shall be availed to you upon notice by
you of the activation of a new mobile telephone number.
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Regardless of what is stated under clause 13.3,
Safaricom M-PESA shall have the right to claw back any
promotional e-value offered to the Customer, if the
Customer does not make any transaction or utilize the
offered promotional e-value within the given period.
-
Subject to clauses 13.3 and 13.6, you can request
reactivation of the account either by making a cash-in
or cash-out transaction or through a request call made
with a verifiable or pre-registered mobile number within
twelve months of your account declared Dormant Account.
-
If you are not able to reactivate the Dormant Account
within the twelve months period from suspension, your
account shall be closed permanently.
-
You have the right to claim the amount on a closed
account within ten years from the date of closure and
Safaricom M-PESA will process the request with the Trust
Account bank.
-
You acknowledge that Safaricom M-PESA may be compelled
by law to suspend and/or freeze your Account or decline
to execute your Transaction requests if there are
reasonable grounds to suspect that an Account has been
or is being or may be used to receive or send funds in
connection with any criminal or fraudulent activity.
-
You may request your Account to be closed at any time by
filling an account closure form at Safaricom M-PESA
retail shop, and only if your account balance reads zero
(0).
-
Safaricom M-PESA may, at its discretion, close your
Account at any time for any reason upon giving one (1)
weeks’ notice to you and making reasonable attempts to
reach you. In such circumstances, you shall be entitled
to the balance of any funds remaining in your M-PESA
Account.
-
Safaricom M-PESA may send notices to you electronically
by SMS to your mobile telephone number with which you
registered on the M-PESA System.
- Warranties, and Limitation of Liability
-
Safaricom M-PESA will report any suspicious account
activity to its Money Laundering Reporting Officer
(MLRO) or any other relevant officer within Safaricom
M-PESA. The MLRO may escalate the suspicious activity to
the relevant law enforcement authority.
-
Safaricom M-PESA shall use all reasonable efforts to
ensure that all Transaction requests are processed in a
timely manner. However, Safaricom M-PESA makes no
representations or warranties as to continuous,
uninterrupted or secure access to the M-PESA Service,
which may be affected by factors outside Safaricom
M-PESA’s control or may be subject to periodic testing,
repair, maintenance or upgrades.
-
Safaricom M-PESA will not be responsible for any claim
unless caused by willful default attributable to
Safaricom M-PESA. Safaricom M-PESA specifically
disclaims all liability for any damages or losses,
including, without limitation, direct, indirect,
consequential, special, incidental or punitive damages
deemed or alleged to have resulted from or caused by but
not limited to:
-
Transactions made to unintended recipients or
payments made in incorrect amounts due to the input
of incorrect information by you;
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Transactions made from your account by an
unauthorized third party who passes all identity and
verification checks;
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any fraud, deception or misrepresentations by any
M-PESA Participant, whether or not the Participant
has been verified,
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any damages resulting from a recipient’s decision
not to accept or record a Transaction made by you
through the M-PESA System,
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failure of any other telecommunications or data
transmission system other than the M-PESA System;
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any result of any acts of government or authority,
any act of God or force majeure.
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The limit of Safaricom M-PESA’s liability shall not
exceed the maximum Account balance limit for the time
being in force for any single event or series of events.
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You agree to indemnify and hold Safaricom M-PESA
harmless against any claim brought against Safaricom
M-PESA by a third party resulting from your breach of
these Terms and Conditions.
- Dispute Resolution and Governing Law
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You may contact Safaricom M-PESA Customer Care, with our
only designated line 733, for any disputes or claims or
to report Account discrepancies. Safaricom M-PESA
Customer Care shall handle the report in accordance with
Safaricom M-PESA’s standard complaint-handling
procedures.
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In certain circumstances Safaricom M-PESA in conjunction
with participating Merchants may provide for dispute
resolution mechanisms. You agree to abide by such
mechanisms as may be advised by Safaricom M-PESA or the
participating Merchants/businesses from time to time.
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Any dispute arising out of or in connection with this
Agreement that is not resolved by Safaricom M-PESA
Customer Care may be brought to the attention of the
Safaricom M-PESA manager responsible for the operations
of the M-PESA Services for resolution. You are also at
liberty to refer any dispute that is not resolved to
your satisfaction to the National Bank of Ethiopia.
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Any dispute arising out of or in connection with this
Agreement that is not resolved by Customer Care Centre
representatives or through a complaint to the National
Bank of Ethiopia shall be referred to Federal Courts in
Addis Ababa Ethiopia.
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To the extent permissible by law, the determination of
the court shall be final, conclusive and binding upon
the parties hereto.
- Disclosure and Data Retention
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You hereby expressly consent and authorize Safaricom
M-PESA to disclose any Transaction data or information
pertaining to your M-PESA Account to any law
enforcement, investigative or regulatory authority
including without limitation the Ethiopian Federal or
Regional Police, National Bank of Ethiopia, The Federal
Ethics and Anti-Corruption Commission, Ethiopian Revenue
Authority or any competent Anti-Money Laundering
authority for the purposes of any inquiry or
investigation or to any User, or to any third party to
which you have separately, either in writing or
electronically through the M-PESA System or otherwise,
authorized Safaricom M-PESA to disclose Transaction data
or information pertaining to you or your usage of
Safaricom M-PESA Products and Services, including your
M-PESA Account PROVIDED that any consent is given to
Safaricom M-PESA to disclose information to Users for
the purposes of clause 4.4.3 or to any third party (not
being a law enforcement, investigative or regulatory
authority) pursuant to this clause may be withdrawn at
any time in writing (including electronically) PROVIDED
further that where you withdraw consent to Safaricom
M-PESA to disclose information to other Users for the
purposes of clause 4.4.3, Safaricom M-PESA may impose a
complementary condition to revoke (partially or
otherwise) any access to any Personal Information of
other Users that would have been made available to you
as a User pursuant to clause 4.4.3.
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You acknowledge that where your Account is determined by
a competent law enforcement authority as containing
proceeds of any criminal or money laundering activities,
Safaricom M-PESA may be required by law to surrender
funds in your Account to any statutory fund created for
the purpose of recovering the proceeds of crime.
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You acknowledge that Safaricom M-PESA may retain your
Transaction data for a period of up to Ten (10) years or
as may be required by any law or regulation.
- Force Majeure
Neither Party shall be liable to
the other Party for any delay or failure to perform its
obligations under these Terms and Conditions as a result of
revolution or other civil disorders; belligerent aggression
by an enemy; strikes; lack of available resources from
persons other than parties to this Agreement; labor
disputes; electrical equipment or system availability delay
or failure; fires; floods; acts of God; government or
regulatory intervention; or, without limiting the foregoing,
any other causes not within its control, and which by the
exercise of reasonable diligence it is unable to prevent,
whether of the class of causes hereinbefore enumerated or
not. If such delay or failure continues for at least thirty
(30) days, then either Party may terminate their engagement
by notice in writing to the other. Upon such termination all
Cash held in trust for you in the M-PESA System shall be
made good to you.
- General
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Using your personal M-PESA Account to carry out M-PESA
Transactions on behalf of another person is prohibited
and may expose you to criminal liability under the
applicable laws. You may not use or permit the use of
your M-PESA Account to carry out any Transactions on
behalf of any other person.
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You acknowledge that any provision of these Terms and
Conditions are subject to amendment, modification or
variation from time to time if required by, or found to
be in conflict with, applicable law or regulation or
otherwise without affecting the validity or
enforceability of the remaining provisions.
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These Terms and Conditions constitute the entire
agreement between the parties with respect to the
subject matter hereof and supersede and replace any and
all prior terms. In the event of inconsistency between
these Terms and Conditions and previous editions, this
version will prevail.
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These Terms and Conditions may be amended by Safaricom
M-PESA from time to time as Safaricom M-PESA introduces
new M-PESA functionalities and as Safaricom M-PESA deems
it desirable to change the Terms and Conditions. Such
amended Terms and Conditions may be published in posters
or pamphlets available at Agent Outlets, and/or on the
Safaricom M-PESA website from time to time and shall
take effect immediately.
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Safaricom M-PESA’s failure to exercise or enforce any
right under these Terms and Conditions shall not be
deemed to be a waiver of any such right nor shall it
prevent Safaricom M-PESA from exercising or enforcing
the rights in question at any time.
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You may not transfer any rights or obligations you may
have under this Agreement without Safaricom M-PESA’s
prior written consent.
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You must not use the M-PESA Service for the receipt of
or payment for goods or services that offend or
circumvent any law including without limitation,
narcotic drugs, firearms, obscene or pornographic
material or services, corruption or bribery,
infringement of third party intellectual rights, running
illegal or unauthorized lotteries, undertake illegal
gaming or gambling, as well as material that is morally
repugnant; incites violence or desires to cause harm;
induces an unacceptable sense of fear or anxiety;
encourages or incites any person to engage in dangerous
practices or to use harmful substances; induces or
promotes tribal, religious or racial disharmony; causes
grave or widespread offence; or debases, degrades or
demeans others.
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Where Safaricom M-PESA receives the notification of the
death or mental incapacity of an M-PESA user, Safaricom
M-PESA shall suspend all Account activity until
satisfied that the relevant provisions of the Civil Code
or any succession-related laws (as the case may be) have
been followed.
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A person claiming access to funds by virtue of being a
successor (in the event of death) or Guardian (in the
event of permanent incapacity or a minor) shall, upon
request by Safaricom M-PESA, produce a court order
authorizing the person to inherit or manage the estate
or such other document as may be prescribed.
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If a court appoints a successor or Guardian, as the case
may be, Safaricom M-PESA shall rely on such appointment
of successor or Guardian in its decision to transmit
funds held to the credit of your account to the
successor or guardian upon the event of your death or
permanent incapacity (as the case may be).
- Collection of information
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We are required by law to collect certain Personal
Information and are legally obligated to deny you the
service if such information is not availed.
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Apart from the legal obligation mentioned above, we also
need to collect your Personal Information for quality
service delivery. Please note that although this is
voluntary, without such information we may not be able
to provide quality service.
- M-PESA Safaricom APP
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Safaricom M-PESA may require you to input further
information before you can access or launch the M-PESA
App to confirm (authenticate) that you are the
registered user of the M-PESA account. Other means of
authentication may include one-time password (OTP),
start keys, biometrics which may include iris detection,
security questions or secret codes. Any additional
authentication method may be applied in addition to your
unique M-PESA identifier (PIN).
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In case you make a payment, contractual commitment,
request or demand to a Merchant or third-party developer
on the M-PESA Safaricom APP, Safaricom M-PESA will not
be liable for any claim, costs (including legal costs),
expenses or damage occasioned as a result of such action
on your part. You shall engage with any or all Merchants
or third parties on the M-PESA App at your own
commercial risk.
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Safaricom M-PESA reserves the right to modify, vary,
amend or withdraw the M-PESA Saafricom App, its features
and these Terms and Conditions at any time. Such changes
will be communicated through the media, the Safaricom
M-PESA website or any other appropriate avenue as
Safaricom may determine.
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Should you use or abuse the M-PESA Safaricom APP
contrary to our terms and conditions or applicable
legislation, Safaricom may prevent your continued usage
of the M-PESA Safaricom APP.