The following definitions relate to these Conditions of Use:
2.1 “Account” means your M-PAiSA Account, being the record maintained by us of the amount of E-Value from time to time held by you and represented by an equivalent amount of cash held by Vodafone on your behalf.
2.2 “Agents(s)”, or “M-PAiSA Agent(s)” or “Authorised M-PAiSA Agent(s)” means person(s) or entities registered by Vodafone to provide M-PAiSA Services, details of who may be obtained by calling Vodafone’s customer care number on 123.
2.3 “Agreement” means these Conditions of Use together with the Registration Form.
2.4 “Charges” means the Tariffs and other charges payable by you under this Agreement for use of the M-PAiSA Services.
2.5 “Conditions of Use” means these terms and conditions as may be varied by us from time to time.
2.6 “Credit Balance” means the amount of E-Value from time to time standing to the credit of your Account.
2.7 “Credit Transaction” means any transaction which results in your Account being credited with E-Value as verified by M-PAiSA.
2.8 “Customer” means you and every other person in whose name an Account for the M-PAiSA Services is registered.
2.9 “Customer Referee Letter” shall refer to the template of letter which may be provided to you by the M-PAiSA Agent which you are required to complete if you do not have sufficient documents to verify your identification as part of the registration process.
2.10 “Vodafone Customer Care” means access to Vodafone’s customer care you can gain by calling 124 (prepay) 125 (postpay) or 123 charged line.
2.11 “Debit” means the movement of funds out of your Account.
2.12 “Debit Transaction” means any transaction which results in a Debit of E-Value from your Account as verified by M-PAiSA.
2.13 “E-Value” means the electronic value recorded in your Account, such electronic value representing your proportionate entitlement to the cash amounts held by Vodafone on behalf of you;
2.14 “ID” means your identification in the form of documentary evidence as required by the M-PAiSA Agent in order to proceed with all Agent related transactions, that is, registration for M-PAiSA services, cash withdrawals and cash deposits. Such documentary evidence may be in the form of (either one, a few or together all) a Passport, Fiji National Provident Fund Card, Driver’s License, Military/Police Card, Birth Certificate, Marriage Certificate, Social Welfare Card, Citizenship Certificate and/or VNKB Certificate
2.15 “Mobile Equipment” means your Mobile Phone and SIM Card or other equipment which when used together allows access to M-PAiSA Services
2.16 “Mobile Phone” means your mobile phone handset.
2.17 “M-PAiSA Services” means the services provided by Vodafone for the issue and redemption of E-Value and the transfer of E-Value between Customers on the basis of Transfer Instructions including the recording of all Transactions, verifying and confirming all Transactions concluded and updating Customer Account records.
2.18 “M-PAiSA System” or “M-PAiSA” means the system operated by Vodafone providing the M-PAiSA Services.
2.19 “M-PAiSA Website” refers to the M-PAiSA Section on website address www.vodafone.com.fj
2.20 “MSISDN” means the mobile station identification number issued to you with the SIM Card and corresponding identity number and PUK for accessing the Network
2.21 “Network” means the Vodafone mobile telecommunications network in Fiji.
2.22 “Outlet” means any shop, unit or other retail premises operated by an M-PAiSA Agent.
2.23 “Payments” means money paid to an M-PAiSA Agent, for the purchase of an equivalent amount of E-Value sums credited to your Account, any such monies thereafter being held by Vodafone for you as specified herein.
2.24 “PIN” means your personal identification number being the secret code you create at the time of activating your account and that must only be known to you as the M-PAiSA account holder which you shall use to access and operate your Account.
2.25 “Pre-paid Recharge” means mobile phone calling credit on Vodafone’s Network.
2.26 “Registration Form” means the registration form containing registration details and execution of which deems acceptance by you of these Conditions of Use.
2.27 “Registration Form number” refers to the unique number allocated to you and written on your Registration Form on the top right hand corner.
2.28 “SIM Card” means the subscriber identity module which when used with the appropriate Mobile Equipment enables you to use the M-PAiSA Services.
2.29 “SMS” means a short message service consisting of a text message.
2.30 “Activation Code” means the one-time 4-digit PIN sent to you on registration for the purpose of activating your Account.
2.31 “Tariffs” means actual charges for use of the M-PAiSA Services
2.32 “Tariff Guide” means a catalogue published for the Tariffs payable for the M-PAiSA Services, as updated from time to time.
2.33 “Transactions” means any of the transactions specified in Clause 8.5.
2.34 “Transfer Instructions” means instructions given via USSD for the transfer of E-Value from one Customer to another.
2.35 “USSD” means Unstructured Supplementary Service Data being session based protocol used to access the M-PAiSA menu
2.36 “we” or “us” or “our” means Vodafone Fiji Limited
2.37 “you” or “your” means the Customer.
3.1 You will be liable to pay applicable Tariffs for your use of the M-PAiSA Services and such Tariffs may be deducted directly from your Account.
3.2 You may register for M-PAiSA Services with any Authorised M-PAiSA Agent.
3.3 Upon registering as a Customer, you will be required to provide the following information for inclusion in the Registration Form to be signed by you:-
(i) non photo identification for transactions upto the value of $500-00 (Five hundred dollars) OR photo identification for any transactions more than the value of $500-00 (Five hundred dollars) but limited to the sum of $2000-00 (Two thousand dollars) per day (in the event that you lack documentary identification then you must faciliate completion of the Customer Referee Letter provided to you by the M-PAiSA Agent);
(ii) your name, occupation and mobile number;
(iii) your residential and postal addresses;
(iv) your home telephone number and any other relevant telephone numbers;
(v) any other information which the M-PAiSA Agent reasonably requests from time to time as required by the Reserve Bank of Fiji in compliance with its Know Your Customer requirements for financial transactions.
3.4 All information provided must be complete and accurate in all respects.
3.5 We may decline your application at our sole discretion.
3.6 We may refuse to open an Account for you if we are not satisfied with proof of your identity despite provision by you of all the particulars listed in clause 3.4
3.7 Upon registration with M-PAiSA and approval of your registration, you will be provided with an Activation Code which must be used immediately to activate your account. You will be asked to input/choose your secret PIN and this must be kept secret at all times. You will then be entitled to use the M-PAiSA services with immediate effect.
3.8 You may register once for M-PAiSA and if your registration is approved, you may hold one M-PAiSA account at any one time. You must not endeavor to register for a subsequent M-PAiSA account whilst being the holder of a current M-PAiSA account. Vodafone excludes liability for unauthorized registrations.
4.1 The M-PAiSA services are made available to you subject to these Conditions of Use:-
4.1.1 Although we will try to ensure that you are able to make full use of the Network access M-PAiSA Services within the coverage area, we do not guarantee that the M-PAiSA Services will be available at all times and we will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of non-availability of the M-PAiSA Services. The M-PAiSA 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 may interfere adversely with the quality and provision of the M-PAiSA Services.
4.1.2 The SIM Card will at all times remain our property and is issued to you together with the MSISDN subject to these Conditions of Use. In the event of damage to, loss or theft of the same, you are obliged to inform us immediately of such damage, loss or theft by telephoning Customer Care Centre. We will then disable such damaged, lost or stolen SIM Card so as to prevent further use of the M-PAiSA services until the same has been replaced or repaired. A replacement or repair fee may be applicable and you will be responsible for all Charges and transactions effected up to the time of receipt by us of your notification of the damage, loss or theft. You will be required to indemnify us against any claims made in respect of any Transactions effected with your Mobile Phone and SIM prior to such notification being received.
4.1.3 Please note that the confidentiality of your communications via our Network is not guaranteed. 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. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality.
4.1.4 You accept that we may disclose or receive personal information or documents about you:-
18.104.22.168 to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;
22.214.171.124 to and from our service providers, dealers, agents, or any other company that may be or become our subsidiary, parent company or partner, for reasonable commercial purposes connected to your use of the mobile service or the M-PAiSA Services, such as marketing and research related purposes;
126.96.36.199 to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement;
188.8.131.52 to our lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature.)
4.1.5 You must comply with any instructions that we may give you from time to time about the M-PAiSA Services.
4.1.6 With the exception of calls made to our Customer Care numbers and to other designated toll free numbers, a minimum call charge may be levied in accordance with the applicable Tariff.
4.1.7 Your calls, emails or SMSs may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system and detection and prevention of crime.
4.2 The M-PAiSA Services are strictly for personal use only unless your account has been specifically set up as a M-PAiSA Business Account with Vodafone. Unless using a M-PAiSA Business Account, you must not use the M-PAiSA Services to conduct any business transactions. Vodafone at all times reserves the right to immediately suspend/close an account if it is detected to be utilized for purposes other than as specifically authorized under Clause 6.
4.3 You must retain and only operate one M-PAiSA account. Should Vodafone find that you are at any given time operating/holding multiple accounts then it will suspend/close the accounts (in whole/part).
4.4 Vodafone is legally obliged to report to the Financial Intelligence Unit under the Financial Transactions Reporting Act 2004 any M-PAiSA transactions that it deems as "suspicious" in nature.
8.1 All Debit Transactions from your Account will be effected by Transfer Instructions authorised with the PIN which you choose when you register, or by such other method we may prescribe from time to time. Proof of ID will be required before any Transaction can be effected and the ID presented will be recorded by the Agent on each Transaction.