ADSL ‘MOBILECASH’ TERMS AND CONDITIONS 

This agreement contains the complete terms and conditions that apply to your participation in ‘MobileCash”, Aelan Digital Services Limited (ADSL)’s mobile money transfer service and supersede all other agreements entered into between yourself and ADSL with respect to its mobile money services. 

• THE AGREEMENT 

  Before performing any transaction through the MobileCash, you must know and understand the terms and conditions (“rules”) for using your Wallet as they are set out in this document. You are required to keep these rules as they are a binding agreement between yourself and ADSL. When you apply for a MobileCash Service you agree to be bound by and to conduct yourself in accordance with these rules, and as may be amended from time to time. 

• DEFINITION OF TERMS

  The following definitions relate to these terms and conditions: 

  • Account: means your MobileCash Account, being the record maintained by us of the amount of E-Money from time to time held by you and represented by an equivalent amount of cash held in a designated Escrow account on your behalf.
  • Agent: means a person appointed to offer MobileCash registration, cash in, and cash out Services and may include participating ATM/Kiosk networks, further details of which may be obtained from ADSL.
  • ADSL: refers to Aelan Digital Services Limited.
  • ADSL Products and Services: means any products and services provided to you by ADSL whether under this Agreement or otherwise and includes without limitation the ADSL Payroll, ADSL Lending, ADSL Merchant Pay, ADSL Top-up, services, and ADSL loyalty program.
  • ADSL Solomon Islands Website: refers to the website address www.aelan.digital.
  • Cash: means the lawful currency of Solomon Islands; SBD.
  • Credit/Cash-in: means depositing funds in your Wallet.
  • Debit/Cash-out: means the movement of funds out of your Wallet.
  • E Money: means the electronic monetary value depicted in your MobileCash account representing an equal amount of Cash held in a designated escrow account and which may be redeemed through a MobileCash agent for an equal amount of Cash.
  • Dormant wallet: means a mobile money wallet that remains inactive for a period of six (6) months, counted from the date of last notification of such inactivity and in total of twelve (12) months of inactivity.
  • E-money Issuer: means ADSL, a payment service provider authorized to issue e-money under the Regulations governing e-payment.
  • Escrow Account: means a bank account under which ADSL holds all amounts of cash received for your Account upon the terms and conditions therein specified.
  • Foreign National: means a person who is not a citizen of Solomon Islands irrespective of whether the person is permanently resident in Solomon Islands.
  • GSM: means the Global System for Mobile communications as defined in the European Technical Standards Institute's list of specifications.
  • Guardian: means a parent or legitimate guardian to a minor who wishes to open a mobile money wallet.
  • Inactive wallet: means a mobile money wallet which is or has been inactive for a period of six (6) months, counted from the date of the last transaction.
  • Log Book: means the book maintained by the agent in which all Transactions are recorded and which serves as conclusive evidence of the successful completion of those Transactions.
  • Manager: means a person who is legally authorized to access funds in your MobileCash Account in the event of your permanent disability.
  • MobileCash: means the Mobile Money transfer services provided by ADSL including issuance, management, and redemption.
  • MobileCash System: or MobileCash: means the system operated by ADSL providing the MobileCash Mobile Money Services.
  • MobileCash Website: refers to the website address https://www.mobilecash.sb.
  • Mobile Money: refers to the mobile financial services product through provision of a mobile phone Wallet that enables customers to carry out various payment transactions from their mobile phones.
  • Mobile phone: means a GSM terminal connected via a GSM radio link to the Mobile Telecommunications Network (ADSL).
  • Network: means the Global System for Mobile Telecommunication (“GSM”) system operated by ADSL and covering those areas within Solomon Islands as stipulated from time to time by us.
  • Outlet Operator: means the assistant attending to you at an agent Outlet.
  • 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 MobileCash System by using the MobileCash Services to send or receive money and includes any person that facilitates the redemption of E-Money.
  • Partner Bank: refers to any Bank that may be signed on to the MobileCash Service from time to time.
  • Person: means a natural person or legal entity.
  • 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 the purpose of activating your Account, and without which your wallet transactions cannot be executed.
  • POS: means a Point of Sale device which is used by agents for MobileCash transactions.
  • Pre-paid Airtime: means mobile phone calling credit on ADSL’s Network.
  • Registration Form: means the registration form containing registration details and your acceptance of these Terms and Conditions.
  • Secret Word: means the secret password allocated to you upon activation of your MobileCash Account by keying in the PIN.
  • SBD: means Solomon Islands Dollars, being the transacting currency acceptable under this agreement.
  • Services: refers to the services provided by us relating to your mobile phone to enable you to use MobileCash.
  • SIM Card: means the subscriber identity module which when used with the appropriate mobile phone equipment enables you to use the MobileCash Services.
  • SMS: means a short messaging service that enables the transmission of text messages from one mobile phone to another.
  • Successor: means a person who is legally authorized to access funds in your MobileCash Account in the event of your death.
  • Transaction: means the movement of money into or out of your MobileCash Account.
  • Wallet: refers to a customer’s MobileCash transactional account which is accessed primarily through their mobile phone.
  • Wallet holder: refers to the person in whose name the MobileCash Wallet is registered.
  • We or Us: refers to ADSL.
  • You or Your: means the MobileCash Customer who has registered to use the MobileCash Service.
  • Unclaimed funds: means the money that remains unclaimed in the wallet for a period of 5 years from the date of the last transaction.

• SERVICE DESCRIPTION 

  • ADSL operates the MobileCash mobile money transfer service that allows you to send and receive money through your registered mobile phone.
  • MobileCash is available to any subscriber upon registration for the MobileCash Service. 
  • You may register for a MobileCash Account with any MobileCash agent or registered ADSL office.
  • ADSL may in its absolute discretion restrict or limit the number of accounts you may operate at any one time. 
  • By registering to use the MobileCash Service you agree to these Terms and Conditions (the “Terms and Conditions”), which shall form a legally binding agreement between you and ADSL. 
  • ADSL may in its absolute discretion refuse to register or revoke the registration of any person on the MobileCash System. 
  • You may acquire E-Money in your MobileCash Account by depositing Cash at an MobileCash agent outlet, ADSL Office, or receiving a remittance of E-Money from another MobileCash Participant, through an international money remittance from a participating remittance service provider, or through any other acceptable means that ADSL may provide. 
  • All Transactions shall be denominated in Solomon Islands Dollars. 
  • Your Cash represented as E-Money is held by ADSL in a designated escrow account for you and other Participants as beneficiaries in accordance with the relevant Central Bank of Solomon Islands regulation. By participating in and/or continuing to use the MobileCash Services you acknowledge the sufficiency of the said escrow account as an acceptable valid escrow over funds held by ADSL on your behalf upon the terms therein specified. 
  • You acknowledge that the escrow account bank may treat the records of the MobileCash System as conclusive evidence of the amount of E-Money at any time standing to the credit of your Account and the escrow account bank is not bound to make any independent investigation of your beneficial entitlement to the Cash held in the escrow account. 
  • Subject to the prescribed Transaction limits and the provisions of these Terms and Conditions, the balance of your MobileCash Account is redeemable at any time and shall be disposed of only in accordance with your instructions given via the MobileCash System. 
  • You acknowledge that MobileCash is neither a bank nor a deposit-taking institution. 
  • All charges applicable to the MobileCash service are set forth in a separate fee schedule available at agent outlets and as may be published from time to time by ADSL and are subject to change at any time at ADSL’s sole discretion. 

• ACCOUNT OPENING AND MAINTENANCE 

  The following conditions must be met before opening an MobileCash account in your name:

  • You must be at least 18 years old with capacity to enter into contracts. 
  • You must have a MobileCash mobile app, or web browser enabled device through which you may access the MobileCash services. Others may interact with agents for conducting non-registered services. 
  • You must provide sufficient proof of identification (ID). For the purpose of this agreement, sufficient proof of ID shall be an original and valid ID issued by and under the Solomon Islands National Provident Fund (SINPF), an original and valid Driver’s, an original and valid Voter’s ID, Birth Certificate, or a valid Solomon Islands passport if you are a Solomon Islands national; and original and valid residency permit, or valid Passport if you are a foreign national. Copies of the ID provided may be retained by the Agent facilitating your registration. 
  • You must not provide any false, inaccurate, incomplete or misleading information. 

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, legal guardian or other person who can demonstrate legitimate authority over the minor’s affairs. 

You are responsible for ensuring that your registration details are maintained up to date. 

ADSL 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. 

ADSL reserves the right to request further information pertaining to your account at any time failure to which may result in limitation on usage of the MobileCash Service, suspension or termination of the account. 

Unless under the express provisions of competent regulation, you may not maintain more than one MobileCash Accounts. If at the time of commencement of these Terms and Conditions you maintain more than one MobileCash account, ADSL shall reserve the right to apply enhanced due diligence (including the submission by you of additional documentation as may be required) and may require you to close off any extra accounts. 

No interest will be paid on any funds held in your MobileCash Account. 

Subject to ADSL’s due diligence and vetting, you may obtain an official statement of your MobileCash Account from any ADSL registered office for which you may be charged a fee. An official statement of account shall be conclusive evidence of the Transactions carried out on your MobileCash Account during the period covered in the statement. 

For the avoidance of doubt, ADSL shall not be obliged to adduce evidence in any civil or criminal court in relation to the contents of any statement obtained from a registered office pursuant to clause 4.8. 

• PRIVACY POLICY

  • ADSL recognizes the importance of protecting the privacy of all information provided by users of MobileCash. This statement is meant to affirm our utmost respect for your rights to privacy.
   
  • ADSL collects personally identifiable information that we use to profile MobileCash Users and administer individual MobileCash accounts, update MobileCash databases, and provide User support. You must not provide any false, inaccurate, incomplete or misleading information and warrants and undertake to comply with all obligations imposed under all known laws and regulations in Solomon Islands. 
  • Save as provided hereunder, ADSL does not share your personal information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information. 
  • You acknowledge that by using the MobileCash Services, some of your personal information will be passed on 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, MobileCash Agents, technology aggregators and ATM/Kiosk Switch providers. You hereby authorize ADSL to share with, provide or disclose to third parties with which you have separately contracted or with which you intend to contract (and have informed ADSL of this intention in writing or electronically through the MobileCash System), your personal information including any Transaction data, information pertaining to you or your MobileCash Account, or your usage of ADSL Products and Services provided that the authority given to ADSL 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 ADSL may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements. 
  • You accept that ADSL 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, terrorism financing, fraud or other criminal activities; 
  • ADSL employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. ADSL employees are also responsible for the internal security of the information. Employees who violate ADSL’s privacy policies are subject to a range of disciplinary actions. 
  • Any person submitting any information to ADSL through the MobileCash System may be granted access rights to that information. ADSL has developed systems that enable access and correction of information submitted to it. 

• ACCOUNT USAGE

  After your account has been opened and activated, you will be able to initiate the following Transactions:

  • Load E-Money through a participating Agent outlet;
  • Send E-Money to and receive E-Money from other users;
  • Withdraw Cash from your Account through participating MobileCash Agents;
  • Withdraw Cash from your Account through participating ATM/Kiosk networks;
  • Buy Bmobile Prepaid Airtime;
  • Pay utility bills or make one-off or periodic payments or remittances to participating utility providers, financial institutions, charity organizations, etc.;
  • Pay for goods or services purchased from participating merchants;
  • Manage your Account (e.g., check balance inquiries, change PIN, etc.);
  • Manage employee Payroll; and
  • Any other Transactions as may be introduced by ADSL or financial institution partners from time to time.

ADSL does not warrant that all functionalities shall be available at all times and may withdraw any functionality or the MobileCash Service in general as a direct result of new or amended legislation, statutory instrument, Government regulations or policy, or any other compelling reason.

ADSL may provide additional functionality on the MobileCash menu following integration with platforms of financial institutions and other entities providing you with specified services. Such functionality may give you limited access to platforms of the financial institutions or other entities. By using such functionality to gain access to other platforms, you hereby agree to indemnify ADSL against, and hold ADSL harmless from, any losses arising from your access to such external platforms.

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, ADSL 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 MobileCash Service shall be deemed to be your acceptance of all such varied terms and conditions or policies.

• MOBILECASH ACCESS RESPONSIBILITY 

  • Access to the MobileCash Services is PIN protected. You hereby agree to guard your PIN and not to disclose it to any third party including MobileCash Outlet Operators, ADSL 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 any secret mode of identification. ADSL shall not be liable for any disclosure of your PIN and any secret mode of identification to any third party and you hereby agree to hold ADSL harmless from any losses that result from any PIN or any secret mode of identification disclosure.
  • You are responsible for all instructions given to ADSL in relation to your MobileCash Account. 
  • ADSL shall deem each correct PIN entry as being performed by the legitimate owner of the MobileCash account and shall regard all subsequent Transactions as validly performed by you. 

• LOADING E-MONEY 

  • You may load E-Money into your MobileCash Account only and not directly into another MobileCash participant’s Account. 
  • 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 MobileCash Agent.
  • After handing over the Cash to the MobileCash Agent, you must ensure that you sign the Logbook which will serve as conclusive evidence that you have successfully completed the deposit Transaction.  
  • ADSL reserves the right to prescribe Transaction limits and may allocate some MobileCash Accounts with higher limit subject to regulatory approvals.

• TRANSFERRING E-MONEY 

  • Transaction limits and charges as prescribed by ADSL shall apply each time you use any of the functionalities that affect the transfer of funds from your MobileCash Account 
  • Your Transaction request will not be completed:
    • If you have insufficient funds in your MobileCash Account to complete a Transaction or to cover the charges for a Transaction;
    • If you have reached the maximum Account balance limit prescribed by ADSL; 
    • If you have reached the daily limit prescribed by ADSL
    • If your Account has been temporarily suspended or permanently frozen on valid grounds;
    • If there are any other compelling reasons such as temporary system delay or outage. 
  • You may send E-Money to any Participant on the MobileCash system as well as any mobile telephone user on any network in Solomon Islands or to authorized international money remittance partner by following the instructions on your phone’s MobileCash menu.
  • You will be charged a fee for any transactions you undertake. The fee will be in accordance with the published tariffs. 
  • If the E-Money in your MobileCash Account is not sufficient 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 MobileCash Account.
  • Upon the successful completion of your Transaction to another MobileCash Participant, ADSL will immediately perform the transfer of the E-Money to the other Participant’s MobileCash Account. You and the recipient will both be notified by email, app notifications, and SMS (Only Bmobile users) as to the completed status of your transaction. 
  • Where ADSL is unable to complete a transaction, you will be notified by the same methods mentioned in 9.6 as to the reasons for not completing the transaction. 
  • Each Transaction you undertake will be accompanied by a unique receipt number that will appear in the confirmation notifications 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
  • Upon the successful transmission of E-Money from your Account to a registered E-money account, title to the E-Money will pass to the recipient.
  • A Transaction once completed is final and irrevocable. As such, ADSL shall not be under any compulsion to reverse any Transaction. 
  • Notwithstanding the import of clause 9.10, ADSL reserves the right, at its sole discretion, to cancel or reverse a Transaction if reasonable grounds such as manifest error or fraud 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. 
  • ADSL will not be compelled to refund or compensate the 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 ADSL harmless for 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 

  • If you are registered on the MobileCash system and you receive an notification informing you that you have received E-Money from another MobileCash Participant or through an international money remittance, the E-Money shall be loaded to your MobileCash Account immediately and you may redeem the E-Money at any Agent Outlet or participating ATM/Kiosk networks or transfer the funds to a third party by following the MobileCash menu options on your mobile phone. 
  • ATM/Kiosk Outlets: You may withdraw your E-Money at participating ATM/Kiosk network Outlets at any time by accessing your MobileCash Account and following the prompts on your phone’s MobileCash menu. You will receive a onetime voucher which should be cashed at participating ATM/Kiosk networks within the prescribed timeframe. Failure to do so will cause the voucher received to expire. 
  • ADSL shall, subject to Transaction limits on the MobileCash System, process the requests you make immediately after being satisfied that the person making the redemption has 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 ADSL to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the fund
  • Subject to any other provisions to the contrary, you will be charged a withdrawal fee each time you withdraw funds from your MobileCash account.

• WITHDRAWAL (REDEMPTION) OF E-MONEY

  • 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 MobileCash menu; however, any withdrawal Transaction must be initiated and completed within an Agent’s premises and you must ensure you sign the Log Book which will serve as conclusive evidence of the successful completion of the withdrawal Transaction. 
  • If you receive funds in error, you acknowledge that you shall be obliged to return the funds to the sender failing which ADSL may reverse the payment to the sender.
  • You may be liable to face prosecution for consuming or utilizing funds sent to you in error. 

• FEES AND OTHER CHARGES

  • You are responsible for the payment of all applicable fees. ADSL publishes fees payable in information pamphlets, daily newspapers, Agent Outlets and on the ADSL website. MobileCash agents will be on hand to assist you with the fee schedule if you are uncertain about the applicable fee. 
  • You may access the available funds in your Wallet at any time using your mobile phone. While we will perform the services and carry out our obligations under these terms and conditions with all due diligence and efficiency in accordance with the generally accepted techniques and practices commonly recognized by the industry, we acknowledge that the Service is not fault free and the quality and availability of the Service may be affected by factors outside the control of ADSL such as local geographic or physical obstructions, atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which the Network is connected or dependent
  • You must authorize your transactions with a secret PIN that you create when you apply for the Mobile Money service, or by such other method we may prescribe from time to time.  
  • Wallet holders shall not withdraw, transfer or make any payments that are above the daily transactional limits. Should you exceed any of these limits, your transactions will be declined. 
  • In addition to 13.4 the monthly balance on your Wallet may at no time exceed the prescribed Central Bank limit

• TRANSACTING / LIMITS

  • To manage your money safely there are transactional and daily limits on your Wallet. You can only transact within the daily limits approved by the Central Bank of Solomon Islands (CBSI) from time to time 
  • All fees are deducted at source and are subject to change at any time at ADSL’s sole discretion
  • Fees payable on each Transaction will be deducted from your MobileCash Account at the completion of each Transaction. Your new balance on completion of the Transaction shall be notified to you by SMS. 
  • Except as may otherwise be notified, fees are inclusive of all applicable taxes at the prevailing rate

• SECURITY AND UNAUTHORIZED USE

  • You are required to select a confidential PIN 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. You have three (3) attempts to enter the right PIN. If you enter the wrong PIN on failure of your third attempt, the Mobile Money wallet will be disabled. In the event that the wallet is disabled, you can call the helpdesk to reset your PIN
  • 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. You must ensure this PIN is always composed out of sight of any individua
  • If at any time you believe or know that your Mobile phone or PIN has been stolen or compromised, you can call us immediately through the contact centre. 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.  
  • Should you dispute that any purchase or withdrawal debited to your Wallet was not authorized by you, you will have to prove it was not authorized. 

• STATEMENTS

  • You may upon written application request a statement printout 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 unauthorized transactions reflected on the statement. 
  • You can use your mobile phone to request your balance or mini statement on your Wallet or alternatively you may visit any ADSL service centre to request for your statement. 

• FAILURE OR MALFUNCTION OF EQUIPMENT 

  • We are not responsible for any loss arising from any failure, malfunction, or delay in any POS, cell phone networks, and Mobile phones, the Internet or terminals or any of its supporting or shared networks, resulting from circumstances beyond our reasonable control

• SANCTIONS

  • Any abusive and/or fraudulent usage of a Mobile Money Wallet and any false declaration may be punished under the Laws in place in Solomon Islands. 
  • Any abusive and/or fraudulent usage of a Mobile Money Wallet and any false declaration may also lead us to suspend temporarily or indefinite rights to access to Mobile Money services. 
  • Any cost engaged by us in recovering transactions and undue payments made by the wallet holder will be borne by the user, including legal interest rate.
  • Any transaction or action from you on your Mobile Money Wallet triggering a malfunction of the system and requiring a technical intervention will be charged to you

• CUSTOMER RESPONSIBILITIES

  • The Wallet Holder 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, Financing of Terrorism or Terrorist Activities, Money Laundering and any other financial offence that is not accepted under the laws of the country or contravenes the laws governing payment systems and the law on prevention and penalizing the crime of money laundering and financing terrorism
  • In case of any complaints regarding the service, the Customer must lodge the said complaints within a period of thirty (30) calendar days from the date of detection of the anomaly
  • You must use one of the following medium in lodging your complaint(s) within the specified time period provided in Clause 20.3 above, Help Desk, Visit a registered office or via electronic mail from ADSL website.
  • In the event of damage, loss or theft of the SIM, you are obliged to inform us immediately of such damage, loss or theft. ADSL will then disable the damaged, lost or stolen SIM Card so as to prevent possible use of the Mobile Money Services until the SIM card has been replaced
  • In case of Fraud or scams, the Customer must subsequently provide details of fraud, scams, or unauthorized transaction and a police report as part of his or her complaints to commence the necessary checks. Note that any loss incurred during this period will be a personal liability for which ADSL shall not be responsible
  • ADSL will not be liable for any transactions on the Customer account as a result of damage, loss or theft of your SIM card.
  • You must comply with any instructions that ADSL may issue from time to time about the use of the Mobile Money Services.

• INTELLECTUAL PROPERTY

  • All intellectual property rights in the MobileCash Service including the MobileCash trademark are the property of ADSL and/or its affiliates. Any unauthorized reproduction, modification, distribution or republication of MobileCash materials or intellectual property, without the express prior written consent of ADSL and/or its affiliates is strictly prohibited. 

• SUSPENSION, TERMINATION & FREEZING 

  • ADSL reserves the right at its sole discretion to suspend or terminate the agreement if you use the MobileCash account for unauthorized purposes
  • Your Account shall be suspended if you port your number to other networks or if your SIM has been inactive for a period of ninety (90) days or such other period as may be prescribed. In the event of account suspension for reasons of inactive SIM, ADSL shall archive your Account and recycle the mobile telephone number associated with your Account as required by law. Money held to your credit shall not be lost by virtue of archiving your Account or recycling of your mobile telephone number and shall be availed to you upon notice by you of the activation of a new mobile telephone number
  • You acknowledge that ADSL 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 giving written notice to ADSL. ADSL shall act on such instructions if, and only if, your account balance reads zero (0)
  • ADSL 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. You shall be entitled to the balance of any funds remaining in your MobileCash Account. 
  • ADSL may send notices to you at any postal address provided by you or electronically by SMS to your mobile telephone number with which you registered on the MobileCash System
  • This agreement terminates automatically upon the death of the Customer who has signed up for the MobileCash services

• WARRANTIES, AND LIMITATION OF LIABILITY

  • ADSL will report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.  
  • ADSL shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, ADSL makes no representations or warranties as to continuous, uninterrupted, or secure access to the MobileCash service, which may be affected by factors outside ADSL ’s control, or may be subject to periodic testing, repair, maintenance or upgrades. 
  • ADSL will not be responsible for any claim unless caused by wilful default attributable to ADSL. ADSL 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;
    • Transactions made from your account by an unauthorized third party who passes all identity and verification checks;
    • Any fraud, deception, or misrepresentations by any MobileCash Participant, whether or not the Participant has been verified
    • Any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the MobileCash system, 
    • Failure of any other telecommunications or data transmission system other than the MobileCash system;
    • Any result of any acts of government or authority, any act of God or force majeure
  • The limit of ADSL ’s liability shall not exceed the maximum Account balance limit for the time being in force for any single event or series of events. 
  • You agree to indemnify and hold ADSL harmless against any claim brought against ADSL by a third party resulting from your breach of these Terms and Conditions

• DISPUTE RESOLUTION AND GOVERNING LAW

  • You may contact MobileCash Customer Care for any disputes, claims or to report Account discrepancies. ADSL Customer Care shall handle the report in accordance with ADSL ’s standard complaint handling procedures
  • In certain circumstances ADSL in conjunction with participating agents or merchants may provide for dispute resolution mechanisms. You agree to abide by such mechanisms as may be advised by ADSL or the participating agents, merchants or businesses from time to time