mimoney voucher terms and conditions

1 Introduction

1.1 When you use a mimoney voucher, you know understand and comply with these Terms, because they are a binding agreement between you, the Distributor and the Merchant.

1.2 You must pay special attention to clauses which are in bold and italics or highlighted, because they may limit our responsibility or involve some risk for you.

2 Definitions

We have defined some words for consistency. These words will begin with a capital letter, where included. In these Terms, singular and plural words will have the same meaning.

Word	Meaning
Distributor	The supplier where your Voucher was purchased.
Merchant	The supplier where you use your Voucher.
SMS	Short message service, which is an electronic message sent using a cell phone or cellular network.
Transaction	Any transaction done with your Voucher to pay for goods or services from a Merchant.
Voucher	This mimoney voucher.
Voucher Holder, you	The bearer of a Voucher who has either bought it or received it, and who has the right to use it.
Voucher Limit	The daily or monthly limit on the Voucher.
we, us, our	The Distributor and Merchant.

3 Using your voucher

3.1 You can't exchange your Voucher for cash.

3.2 You must use your Voucher within 5 (five) years from the date of first issue.

3.3 You may buy a Voucher for a maximum of R 5 000.

3.4 You may buy Vouchers to a maximum total of R 25 000 in a month.

3.5 You may use the Voucher to pay for goods and services at certain Merchants by entering their store or on their website using a telephone, computer, cell phone or any other electronic device.

3.6 Every time you use the Voucher, the Merchant must make sure that there is credit available on your Voucher.

3.7 When you buy from a Merchant, these Terms and the Merchant's terms and conditions will both apply to you.

3.8 You must treat your Voucher as cash. If you lose your Voucher, it cannot be replaced.

3.9 Your Voucher will be worthless if it is changed in any way.

4 Unauthorised use of your Voucher

You may be contacted from time to time to verify transactions made using your Voucher.

5 Cancelling your Voucher

You cannot cancel a Voucher once it has been issued.

6 Expiry of your Voucher

6.1 If you have a credit balance on your Voucher when it expires, you may ask for a new Voucher from the Distributor.

6.2 If you do not ask for a new Voucher when yours expires, and the Distributor decides not to sell Vouchers anymore, the Distributor may instead give you services such as prepaid airtime equal to the credit balance that is left on your Voucher.

6.3 If the Distributor cannot give you services such as prepaid airtime because your cell phone number does not work for any reason, any credit balance left on your voucher may be donated to a charity chosen by the Distributor.

7 Your cell phone and your Voucher

7.1 Your Voucher is linked to the cell phone number to which it is sent.

7.2 If your cell phone does not work for any reason or it is lost or stolen, you cannot claim the value of your Voucher.

7.3 If your cell phone number is not working or is lost or stolen, you must call 0860MiMoney to apply to have your Voucher transferred to your new cell phone number.

8 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.

9 Addresses for notices

9.1 You agree that these Terms will be seen as an agreement entered into in Johannesburg and any breach of the Terms agreement will be seen as having taken place in Johannesburg.

9.2 Any messages sent to your cell phone number will be seen as having arrived within one day of being sent to you.

9.3 We may send information to you by SMS to the contact cell phone number supplied when the Voucher was bought or when the Voucher was activated.

10 General

10.1 We may change these Terms at any time and will notify you in writing of any changes. A change will not cancel these Terms.

10.2 You may not vary these Terms.

10.3 South African law governs these Terms.

10.4 You agree that you may be sued in terms of these Terms in the Magistrates' Court, even if the claim against you exceeds that court's jurisdiction.

10.5 Any leniency or concession given to you will not affect any of our rights against you.

10.6 We may restrict activity on a Voucher or suspend access to a Voucher if we know or suspect in any way 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.

10.7 The invalidity, illegality or unenforceability of any of the clauses of these Terms will not affect the validity, legality and enforceability of the remaining clauses of these Terms.

10.8 If you need help using your Voucher or if it is lost or has expired, send an email to info@mimoney.co.za or phone 0860MiMoney (08606466639).

10.9 If we suspend access to your Voucher, 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.

10.10 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.

10.11 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.