Hormuud-EVC Plus Money Service Terms and Conditions
This agreement contains the complete terms and conditions that apply to your participation in EVC Plus Mobile Money service and super- sede all other terms or agreements entered into between you and
Hormuud Telecom of Hormuud
Tower,Airport Road,Waberi District, Mogadishu Somalia (Hormuud EVC Plus) with respect to the EVC Plus Money mobile money services. These terms and conditions take effect on the date of publication. By participat- ing in or continuing to use the EVC Plus Money Service, you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.
1. Definition of Terms
“Account” means your EVC plus Money
Account, being the record maintained by us
“Cash” means the currency of mobile money is used
“E-Money” means the electronic monetary value depicted in your EVC plus Money Account.
“Foreign National” means a person who is not a citizen of Somalia irrespective of whether the person is permanently resident in Somalia.
“EVC plus Money Services” means the money transfer services provided by Hormuud includ- ing issuance, management and redemption;
“EVC plus Money System” means the system operated by Hormuud providing the EVC plus Money Services;
“Network means the Global System for Mobile
Telecommunication (“GSM”) system operated by Hormuud Telecom and covering those areas within the Federal Republic of Somalia as stipu- lated from time to time by us;
“Outlet” means any center or premises operat- ed by Hormuud Telecom “Participant” or “User” means any person that participates in the EVC Plus Money System by using the EVC Plus Money Services to send or receive money and includes any person that facilitates the redemption of E-Money;
“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 registra- tion for the purpose of activating your Account;
“Pre-paid Airtime” means mobile phone calling credit on Hormuud’s Network;
“Hormuud Products and Services” means any products and services provided to you by Hormuud whether under this Agreement or otherwise and includes without limitation the Hormuud’s voice and data services.
“SIM-Card” means the subscriber identity module which when used with the appropriate mobile phone equipment enables you to use the EVC Plus Money
“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 EVC plus Money account in the event of your death;
“Transaction” means the movement of money in to, or out of your EVC Plus Money Account;
“Trustee” means the EVC Plus Money
Holding Company Limited;
2. Service Description
2.1. Hormuud Telecom Operates the EVC Plus Money mobile money transfer service that allows you to send and receive money through your registered mobile phone.
2.2. EVC Plus Money is available to all Hormuud subscribers upon subscription for the Services. Customers on other Networks may have limited range of functionality.
2.3. You may subscribe for an EVC Plus Money Account by dialing *770# or register EVC Plus or Any Hormuud center.
2.4. Hormuud may in its absolute discretion restrict or limit the number of accounts you may operate at any one time.
2.5. By subscribing to use the EVC Plus Money
Service you agree to these Terms and Condi- tions (the “Terms and Conditions”), which shall form a legally binding agreement between you and Hormuud.
2.6. Hormuud may in its absolute discretion refuse to register or revoke the registration of any person on the EVC Plus Money System.
2.7. You may acquire E-Money in your EVC Plus Money account by depositing Cash at an EVC Plus outlet or receiving a remittance of E-Mon- ey from another EVC Plus Money Participant, through an international money remittance from a participating remittance service provid- er, or through a participating bank or through any other acceptable means that Hormuud may provide.
2.8. All Transactions shall be denominated in
United States Dollars (USD).The EVC plus Money System may not recognize any monetary value currently.
2.9. Subject to the prescribed Transaction limits and the provisions of these Terms and Condi- tions,the balance of your EVC Plus Money account is redeemable at any time and shall be disposed of only in accordance with your instruc- tions given via the Hormuud EVC Plus Money System.
3. Account Opening and Maintenance
The following conditions must be met before opening an EVC Plus Money account in your name:
3.1. You must be at least 15 years old with capac- ity to enter into contracts.
3.2. You must have an EVC Plus Money enabled SIM card through which you may access the EVC Plus Money services.
3.3. You must provide sufficient proof of identi- fication (ID) as per the Tiers signed up to.
3.4. You must not provide any false, inaccurate, incomplete or misleading information.
3.5. You are responsible for ensuring that your registration details are maintained up to date.
3.6. Hormuud 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 identifica- tion.
3.7. Hormuud will, depending on the tier catego- ry that you fall in, carry out initial and intermit- tent watch list checks on customers and may carry out further activity monitoring if transac- tions are deemed suspicious.
3.8. Hormuud reserves the right to request further information pertaining to your account at anytime failure to which may result in limita- tion on usage of the EVC Plus Money Service, suspension or termination of the account.
3.9. You must not maintain more than two EVC Plus Money Accounts. If at the time of com- mencement of these Terms and Conditions you maintain more than two or more EVC Plus Money account, Hormuud shall reserve the right to apply enhanced due diligence (includ- ing the submission by you of additional docu- mentation as may be required) and may require you to close off any extra accounts.
3.10. For the avoidance of doubt, Hormuud shall not be obliged to adduce evidence in any civil or criminal court in relation to the contents of any statement obtained from a retail center.
4.1. Hormuud recognizes the importance of protecting the privacy of all information provid- ed by users of EVC Plus Money. This statement is meant to affirm our utmost respect for your rights to privacy.
4.2. Hormuud collects personally identifiable information that we use to profile EVC Plus
Money Users and administer individual EVC Plus Money accounts, update EVC Plus Money data- bases, and provide User support. You must not provide any false, inaccurate, incomplete or misleading information and warrants and under- take to comply with all obligations imposed under all known relevant laws and regulations
4.3. Save as provided hereunder, Hormuud does not share your personal information with unau- thorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.
4.4. You acknowledge that by using the EVC Plus Money Services, some of your personal information will be passed on to any person whom you receive E-Money from, or send EMoney to and will be available to any third party involved in the operation of the service including without limitation, EVC Plus outlets,
and ATM Switch providers. You hereby autho- rize Hormuud 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 Hormuud of this intention in writing or electronically through the EVC Plus Money System, your personal information including any Transaction data, information pertaining to you or your EVC Plus Money Account, or your usage of Hormuud Products and
Services provided that the authority given to Hormuud 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.
4.5. You acknowledge that Hormuud may verify your identity information through publicly avail- able and/or restricted government databases in order to comply with regulatory requirements.
4.6. You accept that Hormuud shall have the right to monitor your account usage and may disclose personal information as may be legally obligated to do so in relation to the prevention, detection, fraud or other criminal activities;
4.7. Hormuud employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unau- thorized third parties. Hormuud employees are also responsible for the internal security of the information. Employees who violate Hormuud’s privacy policies are subject to a range of disci- plinary actions.
4.8. Any person submitting any information to Hormuud through the EVC Plus Money System may be granted access rights to that informa- tion. Hormuud has developed systems that enable access and correction of information submitted to it.
5. Account Usage:
5.1. After your account has been opened and
activated, you will be able to initiate the follow- ing Transactions:
5.1.1. Load E-Money through a outlet; 5.1.2. Send E-Money to and receive E-Money from other users;
5.1.3. Withdraw Cash from your Account through Hormuud EVC Plus outlets.
5.1.4. Withdraw Cash from your Account through participating ATM networks;
5.1.5. Buy Hormuud Prepaid Airtime;
5.1.6. Pay utility bills or make one-off or period- ic payments or remittances to participating utility providers, financial institutions charity organizations, etc.;
5.1.7. pay for goods purchased from participat- ing merchants;
5.1.8. Manage your Account (e.g. check balance inquires, change PIN, etc.); and
5.1.9. Any other Transactions as may be intro- duced by Hormuud EVC Plus or financial institu- tion partners from time to time.
5.2. Hormuud does not warrant that all function- alities shall be available at all times and may withdraw any functionality or the EVC Plus Money Service in general as a direct result of new or amended legislation, statutory instru- ment, Government regulations or policy or any other compelling reason.
5.3. Hormuud may provide additional function- ality on the EVC Plus Money menu following integration with platforms of financial institu- tions and other entities providing you with spec- ified services. Such functionality may give you limited access to platforms of the financial insti- tutions or other entities. By using such function- ality to gain access to other platforms, you hereby agree to indemnify Hormuud against,
and hold Hormuud harmless from any losses arising from your access to such external platforms.
5.4. In the event of any review of our business planning, technical, public interest or operation- al reasons, changes within the industry, recom- mendations from regulatory bodies or similar events,
Hormuud may vary these Terms and
Conditions or policies affecting usage and shall notify you of such changes through appropri- ate means. Your continued use of the EVC plus Money Service shall be deemed to be your acceptance of all such varied terms and condi- tions or polices.
6. EVC Plus Money Access Responsibility
6.1. Access to the EVC plus Money Services is PIN protected. You hereby agree to guard your PIN and not to disclose it to any third party including EVC Plus Outlet Operators, Hormuud
staff or any person purporting to have authori- ty to ask for it.
6.2. You acknowledge that you shall be solely responsible for the security of your PIN and any secret mode of identification. Hormuud 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 Hormuud harmless from any losses that result from any
PIN or any secret mode of identification disclo- sure.
6.3. You are responsible for all instructions given to Hormuud in relation to your Hormuud EVC Plus Money Account.
6.4. Hormuud shall deem each correct PIN entry as being performed by the legitimate owner of the EVC Plus Money account and
shall regard all
subsequent Transactions as validly performed by you.
7. Loading E-Money
7.1. You may load E-Money into your Hormuud EVC plus Money Account only and not directly into another EVC Plus Money participant’s Account.
7.2. In order to load E-Money, you must com- plete the information requested, 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 EVC plus outlet.
7.3. Hormuud reserves the right to prescribe
Transaction limits and may allocate some EVC Plus Money Accounts with higher limit subject to regulatory approvals.
8. Transferring E-Money
8.1. Transaction limits and charges as prescribed by Hormuud shall apply each time you use any of the functionalities that affect the transfer of funds from your Hormuud EVC Plus Money Account.
8.2. Your Transaction request will not be com- pleted:
8.2.1. If you have insufficient funds in your EVC
Plus Money Account to complete a
Transaction or to cover the charges for a Transaction;
8.2.2. If you have reached the maximum Account balance limit prescribed by
8.2.3. If you have reached the daily limit prescribed by Hormuud;
8.2.4. If your Account has been temporarily suspended or permanently frozen on valid grounds;
8.2.5. If there are any other compelling reasons
such as temporary system delay or outage.
8.3. You may send E-Money to any Participant on the EVC Plus Money system as well as or to authorized international money remittance partner by following the instructions on your phone’s Hormuud EVC Plus Money menu.
8.4. Upon the successful completion of your Transaction to another EVC Plus Money Partici- pant, Hormuud EVC Plus will immediately cause the transfer of the EMoney to the other Partici- pant’s EVC Plus Money Account. You and the recipient will both be notified by SMS as to the completed status of your transaction.
8.5. Where Hormuud EVC Plus is unable to
com- plete a transaction, you will be notified by SMS as to the reasons for not completing the trans- action.
8.6. Each Transaction you undertake will be accompanied by a unique receipt number
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.
8.7. Upon the successful transmission of EMon- ey from your Account to registered Emoney account, title to the E-Money will pass to the recipient.
8.8. A Transaction once completed is final and irrevocable. As such, Hormuud shall not be under any compulsion to reverse any
8.9. Notwithstanding the import of clause
8.10. Hormuud 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 recipi- ent has not redeemed the E-Money and the reversal claim is made within one (1) month of the erroneous Transaction date.
8.10. Hormuud will not be compelled to refund or compensate the sender if the EMoney 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 fraudu- lent Transaction and you hereby agree to hold Hormuud 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 coer- cion or criminal force.
9. Receiving E-Money
9.1. If you are registered on the EVC Plus Money system and you receive an SMS informing youthat you have received E-Money from anoth- er EVC Plus Money Participant or through an international money remittance company, or through a participating bank, the E-Money shall be loaded to your EVC Plus Money Account immediately and you may redeem the E-Money at any Outlet or participating ATM networks or transfer the funds to a third party by following the EVC Plus Money menu options on your mobile phone.
9.2. If you receive funds in error, you acknowl- edge that you shall be obliged to return the funds to the sender failing which Hormuud may reverse the payment to the sender.
9.3. You may be liable to face prosecution for consuming or utilizing funds sent to you in error.
10. Withdrawal (Redemption) of E-Money
10.1. You may withdraw your E-Money at any Outlets by accessing your Account and follow- ing the prompts on your phone’s EVC plus Money menu; however, any withdrawal Transac- tion must be initiated and completed within outlet premises.
10.2. ATM Outlets: You may withdraw your
E-Money at participating ATM network Outlets at any time by accessing your Hormuud EVC plus Money Account and following the prompts on your phone’s Hormuud EVC plus Money menu. You will receive a onetime voucher which should be cashed at participating ATM networks within the prescribed timeframe. Failure to do so will cause the voucher received to expire.
10.3. Hormuud EVC Plus shall, subject to Trans- action limits on the EVC Plus Money 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 Hormuud to show a logical association between the
Transac- tion and the verification of identity and/or secu- rity procedures conducted to ascertain identity of the person entitled to the funds.
11. Intellectual Property
All intellectual property rights in the EVC plus Money Service including the EVC plus Money trademark are the property of Hormuud
Telecom and/or its affiliates. Any unauthorized reproduction, modification, distribution or republication of Hormuud materials or intellec- tual property, without the express prior written consent of Hormuud and/or its affiliates is strict- ly prohibited.
12.1. All fees are deducted at source and are subject to change at any time at Hormuud EVC Plus’s sole discretion.
12.2. Fees payable on transactions such reversal fees and remittance charges will be deducted from your Hormuud EVC plus Money Account at the completion of each Transaction. Your new balance on completion of the
Transaction shall be notified to you by SMS.
12.3. Except as may otherwise be notified, fees are inclusive of all applicable taxes at the prevail- ing rate.
13. Suspension, Termination & Freezing
13.1. Hormuud reserves the right at its sole discretion to suspend or terminate the agree- ment if you use the EVC plus Money account for unauthorized purposes.
13.2. You acknowledge that Hormuud may be compelled by law to suspend and/or freeze your Account or decline to execute your Trans- action 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 activ- ity.
13.3. You may request your Account to be closed at any time by giving written notice
Hormuud addressed to: Hormuud Tower,
Airport Road Waberi District, Mogadishu or
delivered to Hormuud, Hormuud shall act on such instructions if, and only if, your account balance reads zero (0).
13.4. Hormuud 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 EVC plus Money Account.
13.5. Hormuud may send notices to you electronically by SMS to your mobile telephone number with which you registered on the EVC Plus Money System.
13.6. This agreement terminates automatically upon the death of the Customer who has signed up for the EVC Plus Money services.
14. Warranties, and Limitation of Liability
14.1. Hormuud shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, Hormuud makes no representations or warran- ties as to continuous, uninterrupted or secure access to the EVC plus Money service, which may be affected by factors outside Hormuud’s control, or may be subject to periodic testing, repair, maintenance or upgrades.
14.2. Hormuud will not be responsible for any claim unless caused by wilful default attribut-
able to Hormuud. Hormuud 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:
14.2.1. Transactions made to unintended recipi- ents or payments made in incorrect amounts due to the input of incorrect information by you;
14.2.2. Transactions made from your account
by an unauthorized third party who passes all identity and verification checks;
14.2.3. Any fraud, deception or misrepresenta- tions by any EVC Plus outlet, whether or not the Participant has been verified,
14.2.4. Any damages resulting from a recipi- ent’s decision not to accept or record a Transac- tion made by you through the EVC
Plus Money system,
14.2.5. Failure of any other
telecommunications or data transmission system other than the EVC Plus Money
14.2.6. Any result of any acts of government or authority, any act of God or force majeure.
14.3. The limit of Hormuud’s liability shall not exceed the maximum Account balance limit for the time being in force for any single event or series of events.
14.4. You agree to indemnify and hold Hormuud harmless against any claim brought against Hormuud EVC Plus by a third party resulting from your breach of these Terms and Conditions.
15. Dispute Resolution and Governing Law
15.1. You may contact Hormuud Customer Care for free tall 141/101, email: support@hor- muud.com or Whatsapp: +252615000000 for any disputes, claims or to report Account discrepancies. Hormuud Customer Care shall handle the report in accordance with Hormuud’s standard complaint handling proce- dures.
15.2. In certain circumstances Hormuud in conjunction with Hormuud outlets may provide for dispute resolution mechanisms.
to abide by such mechanisms as may be advised by Hormuud or the participating merchants/businesses from time to time.
15.3. Any dispute arising out of or in connection with this Agreement that is not resolved by Hormuud Customer Care may be brought to the attention of the Hormuud Manager respon- sible for the operations of the EVC plus Money Services for resolution.
15.4. Any dispute arising out of or in connection with this Agreement that is not resolved by the Hormuud Manager responsible for the opera- tions of the EVC Plus Money Services shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon
the application of either party. Such arbitration shall be conducted in the Somali language in Mogadishu in accordance with the Rules of Arbitration and subject to and in accordance with the provisions of the Somali laws.
15.5. To the extent permissible by Law, the determination of the Arbitrator shall be final,
conclusive and binding upon the parties hereto.
However customers are free to escalate the matters to relevant government agencies if not satisfied with the resolutions of the arbitration.
15.6. Nothing in this section shall be deemed to exclude any legally recognized dispute resolu- tion body from receiving, hearing and determin- ing the dispute.
15.7. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Somalia.
16. Disclosure & Data Retention
16.1. You hereby expressly consent and autho- rize Hormuud to disclose any
Transaction data or information pertaining to your EVC Plus Money Account to any law enforcement, investi- gative or regulatory authority for the purposes of any genuine enquiry or investigation or to any third party to which you have separately, either in writing or electronically through the
EVC Money System or otherwise, authorized Plus to disclose Transaction data or information pertaining to you or your usage of Hormuud Products and Services, including your EVC Plus Money account, provided that any consent given to Hormuud to disclose information to any third party (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
16.2. You acknowledge that where your Account is determined by a competent
authority as containing proceeds of any criminal or money laundering activities, Hormuud 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.
16.3. You acknowledge that Hormuud may retain your Transaction data for a period of up to seven (5) years or as may be required by any law or regulation.
17. Force Majeure
Neither Party shall be liable to the other Party for any delay or failure to perform its obliga- tions 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; labour
disputes; electrical equipment or system editions, this version will prevail. avail- ability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, with- out 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 EVC plus Money System shall be made good to you.
18.1. Using your personal EVC Plus Money account to carry out EVC Plus Money transac- tions on behalf of another person is prohibited and may expose you to criminal liability. You may not use, or permit the use of your EVC Plus Money account to carry out any transactions on behalf of any other person.
18.2. You acknowledge that these Terms and Conditions are subject to amendment,modifica-
tion or variation from time to time if required by, or found to be in conflict with, applicable law or regulation or otherwise without affect- ing the validity or enforceability of the remain- ing provisions.
18.3. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and super- sede and replace any and all prior terms. In the event of inconsistency between these Terms and Conditions and previous
18.4. These Terms and Conditions may be amended by Hormuud EVC Plus from time to time as Hormuud EVC Plus introduces new EVC plus Money functionalities. Such amended Terms and Conditions may be published in post- ers or pamphlets available at Outlets, in the daily newspapers and/or on the Hormuud/ EVC plus Money website from time to time and shall take effect immediately upon publication.
18.5. Hormuud’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 Hormuud from exercis- ing or enforcing the rights in question at any time.
18.6. You may not transfer any rights or obliga- tions you may have under this Agreement with- out Hormuud’s prior written consent.
18.7. Without prejudice to the provisions of clause 18.7, where Hormuud EVC Plus receives notification of the death or mental incapacity of an EVC plus Money user, Hormuud shall suspend all Account activity until satisfied that the relevant provisions of the Succession Act have been followed.
18.8. A person claiming access to funds by virtue of being a Successor (in the event
death) or Manager (in the event of permanent incapacity) shall, upon request by
Hormuud, produce letters of administration/grant of probate (in the event of death) or a court order authorizing the person to manage the estate (in the event of permanent incapacity) or such other document as may be prescribed.
18.9. If the Courts appoint a Successor or Man-
ager, as the case may be, Hormuud shall rely on such appointment of Successor or Manager in its decision to transmit funds held to the credit of your account to the Successor or Manager upon the event of your death or permanent incapacity (as the case maybe).