1. The Agreement
When you open a Mobile Money Wallet you must know the terms and conditions (“rules”) for using your Wallet. You need to understand each clause of the rules set out in this document. You are required to keep these rules as they are a binding agreement between you and us, Scancom Limited (MTNGHANA) and Partner Banks. When you apply for a Mobile Money Wallet you agree to these rules.
2. What We Mean
The following definitions relate to these terms and conditions:
2.1 “Cell phone” means a GSM terminal connected via a GSM radio link to the MTN telecommunications network.
2.2 “Credit” means depositing funds in your Wallet.
2.3 “Debit” means the movement of funds out of your Wallet.
2.4 “GSM” means the global system for mobile communications as defined in the European Technical Standards Institute’s list of specifications.
2.5 “Merchant” means any registered business entity that is authorised to engage in the sale and distribution of Mobile Money products and services and or accept Mobile Money as payment for goods & services offered.
2.6 “Mobile Money Website” refers to the website address https://196.201.56.109
2.7 “Mobile Money” means the financial services product offered by us being a transactional banking Wallet.
2.8 “MTNGhana” means Scancom Limited.
2.9 “Pack” means the collection of the User Manual, schedule of fees, other documents and advertising material given to you upon registration.
2.10 “Partner Banks” meansEcobank GhanaLimited, Fidelity Bank Limited, Guaranty Trust Bank Ghana Limited,Stanbic BankGhana Limited,Cal BankLimited, Merchant Bank Limited,Zenith BankGhana Limited, United Bank for Africa Ghana Limited,Access Bank GhanaLimited,Agricultural Development Bank and any other Bank that may be signed on to the Mobile Money Service from time to time.
2.11 “PIN” means personal identification number being the secret code you choose for your cell phone.
2.12 “POS” means a point of sale device which is used for Mobile Money transactions.
2.13 “Services” means the services provided by us relating to your cell phone to enable you to use Mobile Money.
2.14 “SMS” means a short message service consisting of a text message.
2.15 “User Manual” means a document describing Mobile Money and its functionality.
2.16 “Wallet” means your Mobile Money transactional account which is accessed primarily through your cell phone.
2.17 “Wallet holder” means the individual in whose name the Mobile Money Wallet is registered.
2.18 “we” or “us” or “our” means MTN Ghana and Partner Banks.
2.19 “you” or “your” means the Wallet holder.
3. Mobile Money Concept
3.1 Mobile Money enables its users to do money transfers, deposit and withdraw money and top up airtime from their phone or from any Mobile Money authorized merchant.
3.2 Mobile Money users will be informed of any additional feature that may be offered in the future on Mobile Money.
4. Mobile Money Wallets
4.1 Mobile Money Wallets are opened and owned by Partner Banks and this service is currently reserved to MTN Ghana customers only. To become a Mobile Money user, MTN Ghana customers will be subject to requirements from Partner Banks. The Mobile Money user commits himself/herself to use Mobile Money only on MTN GHANA network unless otherwise notified by MTN Ghana.
5. Application for Wallet
5.1 You can only apply for a Wallet if you are an active MTN Ghana subscriber. Only Ghanaian citizens with a valid ID document may apply for a Mobile Money Wallet.
5.2 Foreigners wanting to benefit from this service may be required to provide evidence of residence, in the form of a resident permit or any other legal documentation to that effect.
5.3 Persons below the age of 18 (minor) cannot open a Mobile Money Wallet. A person above the age of 18 may however open a Wallet to be held in trust for a minor.
5.4 Persons below the age of 18 (minor) cannot open a Mobile Money Wallet. A person above the age of 18 may however open a Wallet to be held in trust for a minor.
We require your personal details and certain information before a decision is made on your application. You must provide complete and accurate information.
5.5 We may decline your application at our sole discretion.
5.6 We will verify your identity and may refuse to open a Wallet for you if we are not satisfied with proof of your identity.
5.7 Your Wallet will be held by a Partner Bank.
6. Fees and Other Charges
6.1 You pay fees when you use your Wallet. A list of these fees is available from Partner Banks’ branches, Authorised Mobile Money Merchants and MTN Service Centres, by contacting our Call Centre on 111 or by accessing the Mobile Money website.
7. Transacting
7.1 To manage your money safely there are transactional and daily limits on your Wallet. You can increase or reduce these limits by contacting our Call Centre on 111 subject to the restrictions placed in terms of paragraphs 7.5 and 7.6.
7.2 You may access the available funds in your Wallet at any time using your cell phone and the Internet. While we will make every reasonable attempt to provide the Services in accordance with the User Manual, we provide the Services “as is” and without any warranties.
7.3 You must authorise your transactions with your secret PIN, which you create when you register, or by such other method we may prescribe from time to time.
7.4 Any use of or transactions concluded through the Mobile Money website are subject to the terms and conditions on the website, as may be amended by us from time to time.
7.5 Non-Wallet holders shall not transfer or make any payments that exceed GHC 200.00 per day. Wallet holders shall not withdraw, transfer or make any payments that together exceed GHC 1,000.00 per day. Should you exceed any of these limits, your transactions will be declined and you will need to visit any Partner Banks’ branch or selected MTN Ghana outlet with your valid ID document as well as proof of your residential address.
7.6 In addition to 7.5, the balance on your Wallet may at no time exceed GHC 10,000.00. Should your balance, at any time, exceed GHC 10,000.00, no withdrawals, transfers or payments may be effected against your Wallet and you will need to visit any Partner Banks’ branch or selected MTN outlet with your valid ID document as well as proof of your residential address.
7.7 We may verify and confirm any record of a deposit into your Wallet. Our records will be taken as correct unless the contrary is proven.
8. Security and Unauthorised Use
8.1 The user selects a confidential Personal Identification Number during registration. This PIN is mandatory for the use of all Mobile Money features in such a manner that no transaction could be effected without entering and validating this PIN. The user has three (3) attempts to enter the right PIN. If the user enters the wrong PIN on his/ her third attempt, the Mobile Money wallet will be disabled.
8.2 You are responsible, for keeping your PIN secret and for all transactions that take place on your Wallet with your PIN and you indemnify us against any claims made in respect of such transactions. Your PIN shall not be communicated to anyone, must be kept in a very confidential manner and should in no case be written on any document. The user must ensure this PIN is always composed out of sight of any individual.
8.3 If at any time you believe or know that your cell phone or PIN has been stolen or compromised, you can call us immediately on 111. We will block the PIN as soon as we reasonably can. You will remain responsible for all transactions that occur until your PIN is blocked.
8.4 Should you dispute that any purchase or withdrawal debited to your Wallet was authorised by you, you will have to prove it was not authorised.
8.5 We can accept your telephonic instructions without your written confirmation. We use authentication questions and/or voiceprint to confirm your identity when you call our Call Centre. These methods give us your authorisation to execute your instructions.
8.6 You are responsible for protecting your computer against computer viruses when you use the Internet to access our Mobile Money website and Internet banking facilities. We are not liable for any computer program or code that may originate from our systems and you indemnify us against any claims made in this regard.
9. Statements
9.1 You may upon payment of a prescribed fee request a statement print out from us showing all the transactions on your Wallet. You must check each statement as soon as you receive it and inform us within 30 days of the date of the statement if you think that a statement is not correct. If you do not do this within this timeframe you hereby waive the right to dispute any transactions reflected on the statement or to recover any losses from unauthorised transactions reflected on the statement.
9.2 You can use your cell phone to request a balance or mini statement on your Wallet or alternatively you may print out your statement from the Mobile Money Website.
10. Closing Your Wallet
10.1 We will close your Wallet on receiving a request from you.
10.2 We can close your Wallet, restrict activity on your Wallet or suspend access to your Wallet if in any way we know or suspect your Wallet is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the law.
10.3 We can close your Wallet if we believe that you are in breach of these terms and conditions, are trying to compromise our systems or are unreasonably interfering with any Services provided by us.
10.4 We may choose at any time to close your Wallet to protect our interests.
10.5 We may close your Wallet if you do not use your cell phone and Wallet for a period of 9 months, except where your contract for your cell phone is still valid.
10.6 If you are no longer an MTN subscriber we may close your Wallet.
10.7 If we close your Wallet in terms of this clause 10 you must ensure that all debit orders linked to this Wallet are removed within 30 days as these debit orders will be declined after this period and neither the Partner Banks nor MTN will accept any liability resulting from these declined debit orders.
10.8 We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible, whether arising in contract, delict or statute, if we close or suspend your Wallet in terms of this clause 10.
11. Failure or Malfunction of Equipment
We are not responsible for any loss arising from any failure, malfunction, or delay in any POS, cellphone networks, and cell phones, the Internet or terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control.
12. Notices
12.1 The address you supply on your Mobile Money Registration Form is regarded as your chosen address where notices may be given and documents in legal proceedings may be served. You must notify us immediately should your physical, postal, email address or cell phone number change.
12.2 We are entitled to send any notice to an email address specified on your application. This communication will be regarded as having been received by you, unless the contrary is proved. This clause pertains to customers who have completed the Mobile Money Registration Form.
12.3 Any correspondence that we send to you by post will be considered to have arrived within seven days of posting and any correspondence that we send to you by fax or email will be considered to have arrived on the day that it was sent.
12.4 We are entitled to send information to you via SMS to the contact cell phone number supplied on your application form and as amended from time to time. These SMSs are for information purposes only. 12.5 You should send any legal notice to us at our chosen address:
Ridge Towers
6th Avenue, Ridge
P.O. Box TF 281,
Trade Fair,Accra
12.6 You acknowledge and agree that this agreement will be regarded as having been entered into in Accra and any breach of this agreement will be considered as having taken place in Accra.
13. Consents and Conduct of the Wallet
13.1 You, the Wallet holder, consent to us:
13.1.1 making enquiries about your credit record with any credit reference agency and any other party to confirm the details on this application;
13.1.2 providing regular updates regarding the conduct of the Wallet to the credit reference agencies and allowing the credit reference agencies to in turn make the record and details available to other credit grantors.
14. Fraud Prevention
14.1 You, the Wallet holder, consent to us:
14.1.1 Carrying out identity and fraud prevention checks and sharing information relating to this application with the Ghana Police or any fraud prevention or security agency;
14.1.2 providing details to the Ghana Police or any fraud prevention or security agency of any conduct on your Wallets that gives us reasonable cause to suspect that the Wallets are being used for improper purposes; and
14.1.3 you understand and agree that the record of this suspicion will then be available to other members of the Ghana Police or any fraud prevention or security agency should they carry out credit or other checks on your name.
15. General
15.1 We may at any time amend these terms and conditions by notice in writing sent to you. Any amendment will not constitute a novation of this agreement.
15.2 You shall not vary any of these terms and conditions.
15.3 You agree that we may sue in any court of competent jurisdiction.
15.4 A favour or concession we may give you will not affect any of our rights against you.
15.5 These terms and conditions are governed by Ghanaian law.
15.6 We may allocate any money received from you or held on your behalf to settle any outstanding balance on your Wallet. Should you default on your Wallet while at the same time having a credit balance due and payable on any other Wallet with Partner Banks, we have the right to apply set-off on the affected Wallets.
15.7 You must notify us if you are under an administration order, sequestration or any other form of insolvency.
15.8 You must pay all our expenses in recovering any amounts you owe us including legal fees.
15.9 A certificate signed by any of our managers (whose appointment need not be proved) showing the amount you owe us is sufficient proof of the facts stated on the certificate, unless the contrary is proved.
15.10 We will not be responsible to you for any indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible and whether arising in contract, statute or tort.
15.11 You are responsible for your connection to the Internet and all costs associated with that same connection.
15.12 You must notify us immediately of any change of your details in your application.
15.13 You agree that your information, including your personal information, your telephone conversations with our call centre and your transactions will be recorded and stored for record keeping purposes for 5 years from date of closure of Wallet.
15.14 We are obliged by law to regularly update your personal particulars, such as your current residential address and contact information. We may contact you from time to time in this regard.
15.15 All copyright, trademarks and other intellectual property rights used as part of our Services or contained on our documents are owned by Mobile Money or its licensors. You agree that you acquire no rights thereto.
15.16 You accept that all transactions effected on your cellphone are subject to other Terms and Conditions available on our website or from our call centre.
15.17 Your Mobile Money Wallet may not be transferred to any mobile telecommunications network operator other than MTN without the consent in writing of MTN.
16. Sanctions
16.1 Any abusive and/or fraudulent usage of a Mobile Money wallet and any false declaration may be punished by the laws in place in Ghana.
16.2 Any abusive and/or fraudulent usage of a Mobile Money wallet and any false declaration may also lead us to suspend temporarily or indefinitively rights to access to Mobile Money services.
16.3 Any cost engaged by us in recovering transactions and undue payments made by the wallet user will be borne by the user.
16.4 Any fee that could not have been debited from the user’s wallet due to a fraudulent usage will be recovered with an additional legal interest rate.
16.5 Any transaction or action from the user on its Mobile Money wallet triggering a malfunction of the system and requiring a technical intervention will be charged to the user.
17. CUSTOMER RESPONSIBILITIES
- It is the responsibility of the wallet owner to ensure that He/ She provide accurate personal information to MTN. To this end, the wallet owner undertakes to MTN that any information is true and correct and that He/ She is obligated to provide any additional information that is required from time to time. Failing will result in suspension or closure of your account.
- The wallet Owner will be responsible for payment of all applicable fees for any transaction effected using Your Mobile Money Wallet whether these were made by you or someone else with or without your authority or knowledge.
- You must not use the Service to commit any offence(s); Fraud and Money Laundering and any other financial offence that is not accepted under the laws of the country or contravenes the electronic paymentAct 772and the Money Laundering regulation of Ghana, 2011.
- In the event of damage, loss or theft of the SIM, You are obliged to inform us immediately of such damage, loss or theft. MTN will then disable such damaged, lost or stolen SIM Card so as to prevent possible use of the Services until the SIM card has been replaced. To report a damaged, lost or stolen SIM card, you can call the Customer Call Centre on the number 100 or visit the nearest MTN Service Centre.
- Note that any loss incurred during these period will be a personal liability which MTN shall not be responsible.
- The wallet owner will be responsible for all fees and transactions effected up to the time of receipt by MTN of Your report of the damage to, loss or theft of Your SIM card.
- You must comply with any instructions that MTN may issue from time to time about the use of the Mobile Money Services. REFUNDS
We shall refund your transaction amount if:
- You send E-Money to an unregistered user who does not redeem the E-Money with 31 days and you cancel the transaction after the expiry of the 31 days.
- In the event that your account is closed as a result of your death, the balance in your account shall be paid over to a beneficiary stated in a beneficiary nomination letter or administrator nominated in the letters of administration issued by a competent Court of Jurisdiction.
- We will endeavor to effect refunds as soon as possible but in any event not later than 5 days from the date on which a claim for refund was made.
- MTN does not have any obligation to cancel any transfer instructions and refund you in the event of any dispute with any designated payee.
- We will refund a wrong transaction reported within reasonable time of effecting the transaction which time is of essence, the refund shall be done after a careful investigation has been conducted to establish the claim.
- MTN shall refund the amount reported (if unspent) or the remaining amount in the account if part is spent by the wrong recipient and shall attract a reversal fee in accordance with fee prescribed for reversal.
- MTN will not be liable for any damages incurred which may result from a wrong transaction which is not reported within a reasonable time.