Terms and Conditions of use of mimoney

Terms and Conditions of use of a MiMoney Voucher

Your use of a MiMoney Voucher is subject to the following terms and conditions (“rules”). You must know these rules for using the MiMoney Voucher.You must understand each clause of the rules set out here. Remember you must always keep to these rules, as they are a binding agreement between you, the distributor and the merchant. Please contact us if you need further explanation of anything related to the use of your MiMoney Voucher. You may contact us at info@mimoney.co.za or phone us on 0860MiMoney

What we mean

• “agreement” means these rules together with all payment instructions, letters and notices given.
• “distributor” means the merchant where your voucher was purchased from.
• “merchant” means the supplier of goods and / or services on the internet, whether accessed via a telephone, computer, cellphone or any other electronic device.\
• “SMS” means short message service which is an electronic communication done using a cellphone or cellular network.
• “transaction” includes, but is not limited to, any transaction done with your voucher to pay for any goods and/or services on the website of a merchant whether via a telephone, computer, cellphone or any other electronic device.
• “voucher” means a MiMoney Voucher.
• “voucher holder” means the bearer of a voucher, who has either purchased or received and thereafter activated a voucher and who will use the voucher for its intended purpose.
• “voucher limit” means the daily and / or monthly limit on the voucher.
• “we”, “us” or “our” means the distributor and the merchant.
• “you” or “your” means the voucher holder.
• singular includes the plural and vice versa.

1 Using your voucher

1.1 The voucher must be used within 5 (five) years from its date of issue.

1.2 Each voucher has a limit of R 1 000-00.

1.3 You may purchase vouchers to a maximum total value of R 10 000-00 per month.

1.4 You may use a voucher to pay for goods and services at participating merchants whether via a telephone, computer, cellphone or any other electronic device.

1.5 The merchant must obtain authorisation for all purchases made using your voucher.

1.6 The voucher limit may not be exceeded.

1.7 When you use the voucher to transact at a merchant, the terms and conditions of the merchant apply in addition to these rules.

1.8 By using your voucher you accept and agree to be bound by these rules.

1.9 You may not use a voucher for illegal transactions. It is your responsibility to ensure that a voucher is used for lawful transactions.

1.10 A voucher must be treated as cash and is used entirely at your own risk.

1.11 A voucher will be null and void if altered or tampered with in any way.

2 Unauthorised use of your voucher

2.1 You are responsible for the safekeeping and proper use of your voucher.

2.2 You may be called from time to time to confirm certain transactions concluded using your voucher.

3 Cancelling your voucher

A voucher cannot be cancelled once issued.

4 Expiry of your voucher

4.1 If a credit balance is available on your voucher when it expires you may request a new voucher from the distributor.

4.2 If you fail to request a new voucher after your voucher has expired and the distributor in its sole discretion elects to no longer distribute vouchers, you hereby consent that the distributor may instead provide you with services such as prepaid airtime equal to the credit balance remaining on your voucher.

4.3 If we are unable to provide you with services as set out in 4.2 because your cellphone number has become inactive for any reason whatsoever, you hereby consent that any credit balance remaining on your voucher may be donated to a charitable organisation of the distributor’s choice, in its sole discretion.

5 Your cellphone and your voucher

5.1 A voucher is linked to the cellphone number to which it has been sent.

5.2 We will not be liable if your cellphone number becomes inactive for whatever reason, or if your cellphone is lost or stolen.

5.3 If your cellphone number becomes inactive for whatever reason, or you lose your cellphone or it is stolen, you must call 0860MiMoney to have your voucher transferred to your new cellphone number.

6 Malfunction of electronic facilities

We are not responsible for any loss arising from any failure, malfunction or delay in any electronic device, including but not limited to any component of the MiMoney payment system, or our supporting or shared networks, where applicable, resulting from circumstances beyond our reasonable control.

7 Addresses for notices

7.1 You should send any legal notice to us at the following address: MiMoney, Ground Floor, Safika House, 89 Central Street, Houghton, 2198.

7.2 You acknowledge and agree that this agreement will be regarded as having been entered into in Johannesburg and any breach of this agreement will be considered as having taken place in Johannesburg.

7.3 Any correspondence that is sent to your cellphone number will be considered to have arrived within one day of being sent.

7.4 We are entitled to send information to you via SMS to the contact cellphone number supplied when you use purchase a voucher or upon activation of the voucher.

8 General

8.1 These rules may be amended at any time by written notice to you.

8.2 Any amendment will not constitute a novation of this agreement.

8.3 You may not vary these rules.

8.4 South African law governs these rules.

8.5 You agree that you may be sued in terms of this agreement in the Magistrates' Court, even if the claim against you exceeds that court’s jurisdiction.

8.6 Any favour or concession given to you will not affect any of our rights against you.

8.7 We may restrict activity on a voucher or suspend access to a voucher if in any way we know or suspect that your voucher is being used fraudulently, negligently or for illegal activities or if we must do so to comply with the law, without notice to you.

8.8 If we suspend access to your voucher for any reason, we will not be liable 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.

8.9 We assume no liability whatsoever for any direct or indirect loss, damage of whatsoever nature arising from your use of a voucher or howsoever arising.

8.10 You hereby indemnify us and hold us harmless against any loss or damage which you or any other person may sustain as a result of any claim, costs, expense, loss or damages that you or any other person may incur or suffer as a result of the use of a voucher.