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GLOSSARY OF KEY TERMS
In this Terms and Conditions unless inconsistent with the context, the words and expressions set out below shall have the following meanings:
- “Business Day” means Monday to Fridays, excluding South African public holidays.
- “Wallet” means an electronic store of value that can be accessed by a Recipient or used to make payments for goods and services.
- “FICA” means Financial Intelligence Centre Act 38 of 2001 as amended from time to time.
- “eMalyami” means eMalyami, a Division of Sobek IMF (Pty) Ltd (Registration Number 2018/255425/07).
- “Office Hours” means Monday to Fridays (Business Days) from 08h00 to 17h00 excluding South African public holidays.
- "POPI Act" means the Protection of Personal Information Act, Act No 4 of 2013;
- "Personal Information" has the meaning ascribed thereto in terms of the POPI Act, as amended from time to time.
- “Recipient” means a third party whom funds were made available to, through Virtual Wallet Send Money Service.
- “Registered Wallet “means if you have opened a Virtual Wallet with us and provided us with your identity number, name and surname and we have verified this information against your South African Identity number. Registered Virtual Wallet Holders are also existing eMalyami Customers who have linked their Virtual Wallet on the eMalyami App.
- “RICA” means The Regulation of Interception of Communications and Provision of Communication-Related Information Act
- “Sender” means the eMalyami account holder customer who makes use of the Send Money Service.
- “Source Account” means the Virtual Wallet from where you may send funds to a wallet using eMalyami, eMalyami web page, the eMalyami APP or a paymate outlet.
- “You” means the sender of funds through Virtual Wallet Send Money.
- “Siba” means (Sibambanyiso) a cooperative savings system at grass roots level. IT is mainly for the development of Micro and Small Enterprises (MSEs) in Southern Africa, using some selected MSEs (Agents) and/or Siba operators. It is rooted around stockvel model of saving money.2
- “Paymate” means an individual or a business that is willing be an agent of eMalyami who will be responsible for cash back and loading payment into eMalyami on behalf of the end-users. DATE LAST UPDATED: 5 September 2021 This important document sets out your and eMalyami‟s rights and duties to each other. Read this document carefully and keep it for your records. You must contact eMalyami if you do not understand any part of this document or if you are not sure which parts apply to you
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GENERAL TERMS AND CONDITIONS
These Terms and Conditions form an agreement between you and eMalyami (eMalyami), whenever you use Virtual Wallet. If you use any of the services available on Virtual Wallet, you accept that these Terms and Conditions apply to you. These rules must be read with eMalyami‟s General Terms and Conditions and eMalyami Service Channel Terms and Conditions
The Sender understands that there is no agreement between eMalyami and his nominated Recipient(s) to receive and use funds through Virtual Wallet services. eMalyami merely acts on the Sender‟s instruction to make funds available to a nominated recipient through a Virtual Wallet notional account accessible through a registered cell phone number. eMalyami will not be involved in any dispute between the Sender, the Recipient or any third-party product or service provider. Any funds sent to a Wallet is the property of the Sender and will only vest into the Recipient upon a cash withdrawal, Point of Sale or Prepaid services purchases. The Sender can reverse the funds at any time before the Recipient withdraws the funds. eMalyami will not be liable once the funds have been withdrawn by the Recipient. Reversals will not be done on funds sent to a Registered Wallet.
eMalyami may change the Terms and Conditions from time to time. eMalyami will notify you about any material changes by putting a notice on its service channels or by sending you an SMS notification. If you use the Virtual Wallet services after eMalyami has given you this notice, eMalyami will assume that you have read, understood and agreed to the changes
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RISKS AND LIABILITY
- You use this Virtual Wallet service at your own risk. eMalyami makes no warranty of any kind about the service to you or any other person.3
- eMalyami is not responsible for any loss you or your nominated Recipient(s) may suffer as a result of a failure, temporary breakdown or malfunction of any Paymate device or another device.
- During periods of load shedding or power failures eMalyami cannot guarantee the provision of the Virtual Wallet service, in this instance eMalyami does not accept any liability whatsoever.
- The Virtual Wallet service may be unavailable from time to time due to interruptions in services provided by third party providers or due to technical interruptions or maintenance requirements, eMalyami is not liable for any loss you or the Recipient may suffer because of such interruptions.
- eMalyami will not be responsible to you or the Recipient if you or the Recipient loses or accidentally discloses any Virtual Wallet security information to third parties, including the one-time pin sent to you or the Recipient.
- eMalyami is not responsible for any loss or damage you suffered as a result of funds sent to a wrong cell phone number or if a payment instruction is duplicated by you. This also includes situations where the Recipient may not be legally entitled to the funds for any reason.
- eMalyami will not be responsible to the Sender or the Recipient or any other third party if the funds in an Virtual Wallet are accessed by a third party because the cell phone number was churned and re-allocated by the cell phone network provider in line with the provisions of RICA.
- eMalyami cannot guarantee that the Recipient will receive the notification message since this depends on the service of the mobile network operators. eMalyami is not liable for any loss or damage caused to any person (directly or indirectly) because of the operation of, failure, or malfunction of third party systems or communication devices.
- eMalyami is not responsible to you for any loss or damage you suffer, whether directly or indirectly, because of a third party or its products or services or your use of the products or services. You alone take the risk of using or purchasing third party products or services. You hereby agree to indemnify us and hold eMalyami harmless for any loss or damage you may suffer, or cause, in this regard. eMalyami does not accept any liability with regards to any third-party transactions.
- eMalyami does not verify the identity of the Recipient or the Recipients cell phone number that you are sending funds to, therefore it is your responsibility to ensure that the information you give us is correct. eMalyami will not be responsible to you or the4 Recipient for any loss or damage you suffer because you gave the incorrect or incomplete information. eMalyami is not responsible if you do not complete an instruction or if you do not follow our instructions when using Virtual Wallet.
- Information sent over public networks may be subject to unlawful monitoring and interception. eMalyami recommends that Virtual Wallet service and other services only be used over private networks, using personal data and airtime.
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SERVICE OFFERING
1. SEND MONEY
This Virtual Wallet service is an instant, easy and affordable money transfer service that allows you to send money from your eMalyami Virtual Wallet to a Recipient with a valid South African cell phone number. The Sender must inform the Recipient that funds have been sent to the Virtual Wallet. eMalyami will notify the Recipient by SMS that the funds are available in the Virtual Wallet
When accessing a Virtual Wallet for the first time, the recipient must follow the instructions to activate the Virtual Wallet within 12 (twelve) business days from the time we send the SMS to the Recipient.
If the recipient does not activate the Virtual Wallet within 12 (twelve) days of you sending the money to the Virtual Wallet, we will cancel the Virtual Wallet Send Money instruction, and return the funds to the Senders Account.
2. WITHDRAWALS
Virtual Wallet Recipients can withdraw funds held in a Wallet from any Paymate outlet, selected supermarkets and selected cash-out points. eMalyamI does not guarantee the availability of funds and specific denominations of bank notes and will not be liable for costs associated with part withdrawals.
3. PREPAID SERVICES
A Recipient can purchase pre-paid electricity, cell phone airtime, SMS and data bundles.
4. POINT OF SALE (POS)
A Recipient can use a Point of Sale (POS) device at eMalyami selected merchants or selected retailers to make cash withdrawals and payments for goods purchased. LIMITS
Daily and monthly transaction and channel limits apply to all Virtual Wallet Send Money services. When limits are reached, the use of funds or the service will not be possible. If the sender‟s SIM card is swapped, the daily limit will be reduced until the Sender can be authenticated. The daily limit is R3 000 and the Monthly limit is R10 000, in addition the load balance is R5 000. To view all applicable Virtual Wallet limits, please visit www.eMalyami.com or contact the Virtual Wallet call centre on 0114729294 for more information.
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FEES AND CHARGES
The user will have an option to be charged transaction fees of 3% or a monthly subscription fee for R50 per month in advance. To send and receive money from eMalyami account to another eMalyami account is free. If there are no financial transactions on the Wallet for 6 (six) continuous months, the Wallet will become inactive and incur monthly service fees. EMALYAMI will continue to charge this fee until a new financial transaction occurs on the Virtual Wallet or the balance on the Virtual Wallet is reduced to zero.
Siba system will charge an administration fee of R15 per user per month. Any member withdrawal from Siba will be liable for 15% penalty and the withdrawing member must first all the outstanding balance
All credit (virtual credit card (VCC), virtual petrol card (VPC) and microloan) application will undergo a rigorous process of application and depending on the level of risk the charges can range from 5% per to 27% per annum.
eMalyami may change fees from time to time. All Virtual Wallet fees, Siba fee and all other charges may be viewed on www.eMalyami.com or contact the eMalyami Virtual Wallet Call centre at 0114729294. Additional charges such as standard mobile network operator fees will apply. Free minutes or bundles will not apply.
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PERSONAL INFORMATION
EMALYAMI will treat all personal information related to you, including any biometric information, as confidential. EMALYAMI will take all reasonable steps to protect personal information provided
eMalyami will only process and distribute your personal information where:
- you have given us your consent.
- the law requires us to do so.
- to detect, prevent and report theft, fraud, money laundering and other crimes.
- it is in the public interest to do so.6
- our interests require disclosure, for example default or breach of this agreement.
- to manage our relationship with you.
- our internal marketing and product development require the information.
- to process payment instructions.
eMalyami may disclose some of your personal information to specific third parties, who are also under obligation to keep your information secure and confidential. eMalyami will never disclose more information than is required
You can refer to our Privacy Policy on www.eMalyami.com for more information on our privacy practices. You have the right to access the information we have about you by contacting us at Compliance@eMalyami.com or 0114729294. You have the right to correct or delete information about you in specific circumstances, you may withdraw your consent and you have the right to object and file a complaint about us, please contact us on complaints@eMalyami.com to do so.
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SENDERS ADDITIONAL OBLIGATIONS
You must make sure that you have the correct cell phone number for the Recipient before you use the Send Money Service. eMalyami will not be responsible in the event that funds are sent to either an incorrect, inactive cell phone number or the Recipient‟s cell phone number has changed
It is important to note that any person who has access to the Recipients cell phone or SIM card may have access to the Wallet and eMalyami will not be responsible for any loss incurred. You are expected to inform the recipient to protect his or her cell phone, SIM card and access to the Wallet with a Pin. If your‟ or the Recipients cell phone is lost or stolen, you or the Recipient must immediately notify eMalyami to block the Wallet in order to prevent any losses. If the Recipients SIM card is illegally swapped and fraudulently used, eMalyami will not be liable for any loss or damage suffered. eMalyami is not liable for any unauthorized transactions that occur by any person other than the Recipient.
You must provide eMalyami with the correct information in the required manner when sending funds through Virtual Wallet or using any of the services available on Virtual Wallet. If you do not, we will not be legally responsible for any loss or damage sustained.
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eMalyami ADDITIONAL OBLIGATIONS
eMalyami endeavors to stop or prevent any criminal activities including money laundering and terrorist financing facilitated using its platforms and channels. eMalyami may implement measures it considers necessary, or as required by South African and International Law to7 counter these criminal activities. Should the use of Virtual Wallet be in breach of the product rules, EMALYAMI reserves the right to report the breach to the authorities, close or suspend the service
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CUSTOMER INTERACTION
The Virtual Wallet call center is available on 0114729294 from 8am to 7pm from Monday to Saturday and from 8am to 1pm on a Sunday. The Virtual Wallet call center will not be available during public holidays.
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ENDING THIS AGREEMENT
eMalyami reserves the right to block / terminate / suspend the service with or without notice to you if:
- If you breach the terms of this agreement.
- If you or the Recipient uses the service for illegal, unlawful or fraudulent purposes.
- If it is necessary to protect EMALYAMI, its customers or its systems or any Recipient.
- There is fraud or suspected fraud by you or the Recipient or any other person in relation to Wallet
- EMALYAMI is required to do so by law.
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COMPLAINTS
Please refer your complaints to eMalyami Disputes Division. When making a complaint you must follow eMalyami‟s published complaint resolution procedure. A copy is available on www.eMalyami.co.za or from any eMalyami branch. If your complaint falls within the jurisdiction of the Ombudsman, you have the right to refer any dispute that we cannot resolve within a reasonable period of time, to the office of the Ombudsman.
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SIBA
How does Siba system works?
It originates from the practice whereby money was collected from house to house by an individual who kept it and returned to its owners after 30 days with no interest changing hands. Our platform will enable a group of at least 3 to save money, whereby the management of the scheme will be taken over by this system. eMalyami will collect fees on administration of such system. The system will enable the members to check who has defaulted on the payments. They will be able to chat with each other about their finances.
Members of the group can either chose to save for a fixed period e.g. 12 months etc. or they can create a cycle payment whereby every month they can pay each member a specific amount.
- The minimum contribution will be R100 and the maximum will be R1000 per month in the first 12 months. The group is then allowed to increase their maximum contribution in the second savings circle to R2000 and then R3000 in the 3rd circle etc.
- The duration of the term is either 6, 12 and 24 months
- The first 2 months contribution will be held in the system, in case the group stops making savings into the group.
- Late contributions into the group will attract 10% penalty.
- The savings will yield interest per annum.
- Early termination/withdrawal of the savings will be attracting a penalty of 15% of capital including accumulated interest.
- If one member decides to withdraw from the saving during the savings circle period, they will not be allowed to take their savings. Provided that group will remain at 95% of the membership. A person will wait until the circle period is due before their monies can be released
What are the requirements for having a Siba Group?
- Have been using an eMalyami for a period of 90 days
- The group is formed by a minimum of 3 people and these people should be committed to the saving group until agreed fixed term.
- Conducting an eMalyami account in an excellent manner Each member of the group should be willing to guarantee each other in case of any defaults
Members of Siba system will be responsible to make sure that each person that they recruit into respective Siba system is:
- Familiar and known to each other
- Trust worthy and reliable
- They know his/her physical address
SobekIMF, eMalyami, it associates, sister companies, its subsidiaries, partners, employees, directors and shareholders will be held accountable in case of:
- Defaults by a member Siba group
- Loss of money due to one or more members of the same Siba group
- Fraud by one or more individuals within the same Siba group9
- Committing the funds of the Siba group to external parties.
Members of the Siba group will be given an option upfront to elect to take credit life insurance in case one of the members of stockvel loses their jobs or in case of death. The insurance will continue to pay the premium until the maturity of the Siba or until the end of turns.
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Remote access Terms and Conditions
This important document sets out the rights and duties between you and eMalyami (eMalyami) product of Sobek IMF (Pty ) Ltd, with registration number 2018/255425/07 (“the provider”) in relation to the use of the provider‟s self-service interfaces which may be branded as interfaces from eMalyami,. This agreement applies to you if you use any of the following self-service eMalaymi interfaces: Web page, Cellphone eMalaymi, .mobi, the App. Read this document carefully. You must contact the provider if you do not understand any part of this document. In this agreement, the following words will have the following meanings:
The words, “you” or “your” means the account holder and their authorised user/s. An authorised user is any person/s the account holder appoints to use the self-service interfaces on their behalf (e.g. to do transactions).
The words “us,” “we” or “our” means the provider. Before you can use the self- service interfaces which include Web page, Cellphone eMalaymi, the App and .mobi (collectively called “self- service” interfaces)
If you are younger than 18, you must get your parent‟s or legal guardian‟s consent to use the self-service interfaces. When does this agreement start? This agreement starts as soon you do any of the following:
- register to use any of the service interfaces.
- get access to be able to use any of the service interfaces.
- actually use any of the service interfaces
1. THIRD PARTY RELATIONSHIPS AND ADDITIONAL TERMS AND CONDITIONS
- Other terms & conditions that also apply to you This agreement applies along with the other terms & conditions of the provider that govern your accounts, our services and our relationship with you. Certain of the products and services that we make available to you on the service interfaces, including those provided by third parties, may have their own terms & conditions. These third party services providers may include prepaid service providers; Lottery service providers; Broadcaster and streaming services; Retail service providers; Technology and Smart device10 providers etc. if applicable. You must read this agreement together with all these other relevant terms & conditions if applicable. The provider will not be liable for any delays in respect of third party providers. Your use of the third party service means that you accept and will be subject to the terms and conditions associated with it. If you do not accept those terms and conditions you are advised not to make use of the service.
- Which agreement applies in instances of conflict if there is a conflict (difference) between this agreement and any other product terms & conditions, the provisions of this agreement will apply; unless the conflict relates to the use of the third party products or services, in which case, their terms and conditions will apply. Remote eMalyami Terms and Conditions Date last amended: September 2021 Revision History: September 2021
- We are not responsible for links to third party sites, its content or for the third party‟s actions or omissions, or its goods or services For your convenience only, the service interfaces may allow you to view or access third party websites or content or purchase content, products or services provided by third parties. Even though we may make third party websites, content or products or services available to you, we do not endorse or recommend the third party or its products or services. You alone are responsible for deciding whether the third party or its products or services meet your requirements. Terms and conditions and rules may apply to those products and form an agreement between you and the third party.
You alone are responsible for obtaining the terms and conditions or rules that apply to you and the products or services offered by the third party.
The categories/ types of third parties whose products, services or offerings may be available from or associated to the service interfaces may vary from time to time. They may include lotto service providers; coupon providers; voucher catalogue providers and other subscription providers.
We have no control over such third parties or their products or services. We are not a party to any disputes between you and the third party. You alone are responsible for ensuring that any transactions you make on these third party sites are lawful.
Some services are only available to persons who are 18 years old or older. We are not responsible to you for any loss or damage you suffer, whether directly or indirectly, because of a third party or its products or services or your use of the products or services. You alone take the risk of using or purchasing third party products or services
You hereby agree to indemnify us and hold us harmless for any loss or damage you may suffer, or cause, in this regard.
2. ELECTRONIC VOUCHERS AND REDEMPTION OF DISCOUNT BENEFITS
Certain third parties offer electronic discounts on certain products via their computer system from time to time for redemption against products purchased. The provider offers qualifying customers the opportunity to receive these discounts when paying with their cards. The qualifying cards may change from time to time and you are encouraged to ensure that you check these terms and conditions periodically for updates. You are advised to read these terms and conditions carefully
The provider does not distribute nor endorse any products or services to which the discounts apply. Should you have any issues either with the service or product purchased you need to liaise with the relevant third party store at which the purchase was made. The provider does not have any control over the products that the discounts are offered for and cannot be held liable for the unavailability of these products in any way. Complaints regarding quality or quantity of the merchandise purchased must be directed to the third party concerned. Whilst we make every endeavor to ensure the accuracy of the discount offered, changes may be implemented from time to time. The provider does not accept any responsibility for any loss which may arise from accessing or reliance on the information from the a third party and to the fullest extent permitted by South African law, we exclude all liability for loss or damages direct or indirect arising from use of this service. The service is a value added service and no fees are charged for the redemption of the coupons.
3. ACCESS TO THE INTERFACES AND SECURITY (a) Steps you must take to protect yourself
NOTE: Information that is sent over an unsecured link or communication system can be unlawfully monitored, intercepted, or accessed. While we take all reasonable steps to prevent this from happening, you need to understand that this risk exists.
You play an important role in protecting yourself against fraud. For your safety you must follow the security tips/recommendations we give you on the service interfaces from time to time.
You must also read the tips published at the provider‟s Security Centre on the App and the web page Communications Page. You must (where applicable) log off from the service interface when you have finished transacting. The provider recommends that you do not use public communication facilities such as internet café‟s, but when you do, you must take special care.
It is your responsibility to ensure that you have the necessary anti-virus or anti-malware software on your device12 If you are a cellphone eMalyami or alert customer and you notice anything suspicious you must also contact your service provider/network operator to report the suspicious activity e.g. SIM Swaps (a sudden loss of service can be an indication of a SIM SWAP). Please take note of the following contact details for SIM Swop
- MTN 083 123 STOP (123 7867)
- Cell C 084 140
- Vodacom 082 135
- Virgin Mobile 0741 000 123
(b) For your protection and security you must enter the correct access information to identify yourself whenever you log onto the service interfaces. Since we deal with each other in a nonface to face environment, for your security you will need to enter the correct access information or take any other steps acceptable to us for us to verify your identity and the electronic communications you send us using the service interfaces each time you logon to the service interfaces. This is known as “authentication”
Access information includes access credentials, or Cellphone eMalyami personal identification number (“mobile pin” or “MOPIN”). To protect you, we can refuse to act on any instructions you send us or can cancel your access (temporarily or permanently) if you don‟t meet the authentication requirements.
This includes where you enter the wrong access information. We may require of an additional layer authenctication for certain transactions this may include transactions where a unique number (OTP or one time PIN) is sent to your device before the transaction can be completed. Similarly, when an instant message sent to your eMalyami App to request authorisation for the transaction or activity. Take note: You can have the OTP sent to your alert number or a separate mobile number of your choice. A loss of signal to your OTP or alert number can indicate a SIM SWAP and notify the provider immediately as a precaution and to minimise any loss.
Customers who have a linked eMalyami App will not receive an OTP via sms but a notification via IM (instant messaging) via the App requesting you to approve or decline the transaction. We cannot guarantee receipt or delivery of an SMS and/or e-mail as the provider is dependent on third parties such as your chosen Mobile Network operator, for relaying of SMS and/or email.
The alert Service is a messaging system which provides you with notifications of certain account activity by sending a message to your selected Mobile number and/or email to your email address and/or, IM (Instant Message) to linked eMalyami App. Please be advised that we will initially attempt to deliver an IM to your linked eMalyami App, failing which we will send through an SMS and finally if those are unsuccessful we will send through e-mail notification (if13 applicable). This is due to the relative safety of the IM communication mechanism, as these are delivered directly to a single user‟s App. IM is also not susceptible to the risk of a sim swop.
The alert Service is a messaging system which provides you with notifications of certain account activity by sending a message to your selected Mobile number and/or email to your email address and/or, IM (Instant Message) to linked eMalyami App. Please be advised that we will initially attempt to deliver an IM to your linked eMalyami App, failing which we will send through an SMS and finally if those are unsuccessful we will send through e-mail notification (if13 applicable). This is due to the relative safety of the IM communication mechanism, as these are delivered directly to a single user‟s App. IM is also not susceptible to the risk of a sim swop.
To be able to access the service interface/s you must have the necessary hardware, software and access to third-party communication services. You will be responsible for paying the cost of this and the cost of any upgrades that you require
To access web page you need to have access to a computer that has an active account with an Internet Service Provider (ISP) and an Internet browser software program. To access cellphone eMalyami you need to be activated via your cellphone and cellphone network service provider.
In order to use the eMalyami App you must ensure that you have a compatible smartphone and access to data. You will be responsible for paying the relevant cellphone and/or network service provider charges that you incur when using the service channel. You are responsible for the equipment you use to access the service interfaces. We have no control over the equipment, software or service providers. We are not responsible for any error or delay that may arise as a result and are also not responsible if you are unable to access the service interfaces because of your equipment, software or services provided to you by third parties. It is your responsibility to ensure that you have the necessary anti-virus or anti-malware software on your device (d) We are entitled to act on and accept all transactions done after your access credentials have been entered or applied
All electronic communications that are sent to us during a logged in session will be treated as valid and authentic (i.e. after you have met our authentication requirements and are logged in to an interface). This means that these electronic communications will have the same legal effect as written and signed paper communications from you.
Since we deal with you non-face-to-face we will act on and accept all instructions or transactions done after your correct access credentials have been entered and you meet the verification requirements set by us. We will assume that all such transactions have been authorised by you, even if such transactions took place without your knowledge or consent or were not authorised by you. This will not apply to transactions that occur after you have requested that we cancel your access credentials. You must never reveal your access credentials to anyone under any circumstances.
This includes when you use third party applications (apps) and sites. Certain financial aggregation apps (such as apps that help you track your spending across different financial institutions) may ask you to enter your access details to use their service.
Take note that if you do so you put yourself at risk. In addition third parties will be able to access information about your accounts,14 eMalyami history and other confidential information. You use such sites and apps at your own risk.
If you are defrauded because you used a third party app or site the provider will treat this as a voluntary compromise of your access details and confidential information and will not be legally responsible to you or any other person for any loss or damage you or they suffer
(e) Authorised Users act on your behalf as your agent By allowing an authorised user to access your account using the service channel, you give that person the authority to act as your agent. This means that anything the authorised user does or doesn‟t do will be attributed to you. In other words their actions or failure to act (omission) will be considered by us as your actions or failure to act (omission).
(f) Steps you must take to protect your access information (access credentials, cards and equipment) Your access information is the only way we can know you are who you say you are when you transact, you must keep your access information secret and safe and you must not allow anybody to use your access information. You must never give or show your access information to any person, including any person who is an employee of the provider or claiming to work for or represent us in any way.
You must never respond to requests to enter or “confirm” your access credentials, sent to you via an email, SMS or instant message. This is known as “phishing” where the sender tries to trick you into giving them your confidential information by pretending a communication was sent from us. The provider will NEVER ask you to give us your sensitive secret information, including access credentials by email, SMS, instant message or even over the telephone. If you respond to these “phishing” messages and lose money as a result of doing so, the provider will not refund you.
Take note: For your convenience, the same login or access credentials can be used to access different electronic interfaces, this is the case for Web page and the App. This means that if your access credentials are disclosed to someone else you can be defrauded across all the electronic interfaces which can expose you to greater losses. You must immediately contact the provider if you know or even suspect that your access credentials have been compromised to ensure that your loss is minimised.
(g) Additionally if you suffer a sudden loss of service on your mobile device contact the provider immediately.
You must ensure that your device/s which you use for transacting is always in your possession and protected with an additional access code, password or pattern lock. Should your device to which your eMalyami App is linked is no longer in your possession either permanently (for eg. due to theft, loss or in the event that you have sold it) or temporarily (your device is being15 repaired) you must contact the provider immediately and or delink your eMalyami App immediately
If you receive suspicious communications (including emails, SMSs) call the provider‟s Fraud Team on 0114729294 or report via the eMalyami App/Web page. For immediate action and assistance, we recommend that you call the Fraud Team. Please include your name and number in your email in case we need more information from you. eMalaymi customers can contact the provider or service centre on 0116741745.Standard Network Rates Apply
You must not keep your access credentials together with your access cards or other eMalyami documents. Do not store your access credentials on the equipment you use to access the provider service interfaces. For example, never store your PIN or Cellphone eMalyami PIN on, with or near your cellphone, computer, and telephone or with your e-Reg Card or Telephone eMalyami Card. For security purposes, we recommend that you memorise your access credentials. You must also follow the tips published on the provider‟s Security Centre or Web page Communications Page.
You are not allowed to register for the service or access the service channel using someone else‟s access information or personal information. (g)You must IMMEDIATELY ask us to cancel your access code(s) if you suspect or know that your access code(s) have been lost, stolen or may be used without your permission. Prompt notification is the best way of keeping your losses to a minimum, you must tell us immediately if you suspect or know that your access information has been lost, stolen or compromised (might be used without your permission). In instances whereby you suspect or know that your access code(s) have been lost, stolen or may be used without your permission, call the provider‟s Fraud Team on 0114729294. eMalyami customers can contact the provider or service centre on 0116741745.
If there is a dispute about whether or when you told us to cancel your access code(s), it will be your responsibility to prove how and when you told us to cancel your access code(s). For this reason you must keep any reference numbers we give you when you call us to cancel your access code(s). We advise you to request a reference number and store it for every call you make to us.
After we have cancelled your access code(s) we will reject all transactions done from the date on which your access code(s) were cancelled. If possible, we will also temporarily stop or reverse instructions that we received but which we have not yet processed before your access code(s) were cancelled, however we cannot guarantee that this will be done. We reserve the right to block your access to the service interfaces at any time to maintain or restore security, if we reasonably believe that your access code(s) have been or may be16 obtained or are being used or may be used by an unauthorised person(s). What you must do if you suspect or know about fraud on your account?
Note: This section does not apply if the fraud or suspected fraud was committed by authorised users (persons who have been authorised by the account holder to transact on the account holder‟s behalf). You must tell us immediately when you become aware that a suspicious transaction has taken place and you must open a case at the nearest South African Police Services (SAPS) office. We will investigate any loss that you suffered because of the alleged fraud. You must co-operate with us and the SAPS in any investigation. We will pay you back once it has been established that you suffered financial loss as a direct result of the fraud if the following conditions are met:
- You have followed the safety tips we recommended and have complied with your duties under this agreement, in particular, those mentioned to you above as „Steps you must take to protect your access information (access code(s), cards and equipment)‟ and „steps you must take to protect yourself‟
- Your account was registered for the Alert/Alert-Pro notification service and you were actively using the service when the fraud occurred. (h) Cancelling the Access Credentials(s) of Authorised Users - You must tell us in writing if an authorised user‟s access rights must be changed or cancelled
When an authorised user is no longer allowed to transact on your account you / we have the right to demand that they return any physical devices we gave them to enable them to transact. When you as the account holder takes back the authorised user‟s physical access device you must notify us in writing or via the helpline that the authorised user‟s access rights must be cancelled, and the card or device must be destroyed or returned to us. The account holder is not allowed to use any authorised user‟s access code(s). For your security, the access code(s) must be cancelled. We will issue new authorised users with new access information.
You must notify us immediately when any user‟s access rights must be changed or cancelled by completing and signing the required mandates form(s). This can also be done by yourself on the website within your web page platform. Any cancellation of, or change to a user‟s access rights will not affect any instruction submitted by that user before the change has been made
(i) You must comply with any user guidelines we publish on the service interfaces For your protection and to ensure that the service channel works correctly, you must comply with the user guidelines we put on the service interfaces from time to time. If there is a conflict (difference) between this agreement and the guidelines, this agreement will apply instead of the guidelines
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PRIVACY
- We respect your privacy. Read our privacy notice for more information This relationship is governed by the Sobek IMF (Pty) Ltd Privacy Notice. Our privacy notice explains how, why and when we collect, use, share and store your personal information. Our privacy notice forms part of this agreement with you. Please note: If you use certain services, such as the eMalyami traffic fine payment solution or prepaid services, eMalyami may need to share and collect certain personal information about you, including your identity number with third parties
- We may monitor your use of the service interfaces and record our conversations with you We may monitor and record communications or traffic on the service interface. This may be for security purposes; to maintain the proper functioning and safety of our systems and the service interfaces; or to investigate or detect any unauthorised use of the service interfaces or our systems; or when the law requires us to do so. For your protection as well as ours, all conversations between you and us are recorded. These recordings will be the proof of your instructions to us, unless you can prove otherwise. By using the service channel you consent to such monitoring and recording.
- We may make use of cookies for various purposes including gathering information about your general use of our interfaces and for statistical purposes but we will not use cookies to collect personally identifying information from you. Please read the Sobek IMF (Pty) Ltd Cookie Notice which is available on our website
- Cellphone numbers required to enable eMalyami service. If you are a cellphone eMalyami customer the provider may get your cellphone number from your cellphone network operator. This is done to assist the provider to authenticate you and to obtain history regarding sim swop history from your provider. For your protection, the provider can (but does not have to) use your cellphone number to identify you. Additionally, only Cellphone numbers are processed and no additional information such as device data or personally identying data can be obtained from the network operator.
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GENERAL
(a) How we make terms & conditions and other information available to you From time to time we may include links to terms and conditions on the service interfaces. Where it is not possible to use a link, we may refer to the terms on the service interfaces. You must follow our instructions or the link and read the Terms, as they form part of the agreement18 between you and us. If the service interfaces you are using does not enable you to access the Terms via a link for any reason, you must visit our website, our branches or contact us (contact details are available on the website) or follow our instructions to get a copy of the Terms. Any Terms & Conditions we refer to are important. You must read them carefully because they contain important contractual information. Due to space constraints on some interfaces we sometimes only refer to terms & conditions as “T&Cs”.
(b) Fees you must pay to use the Service Interfaces The fee you must pay includes a services fee for use of the service channel and a transaction fee for the transactions you do on the service interface/s. For more information about the service channel fees please refer to our pricing guide. A copy can be obtained on the website or from any branch of the provider. The fees will be collected (debited) from your relevant account fees and are not paid or billed separately
(c) Certain information, including your account balance information, may be delayed Certain information, including your account balance information that is made available to you on the service interfaces may be delayed and may not show your recent transactions. You can confirm your account balance information by contacting us.
(d) We cannot act on or process your instructions unless you have enough money in your account Any instructions we receive from you on the service interfaces, including an instruction to pay a third party or transfer money between your accounts will only be carried out if you have enough money in your account or credit in your overdraft facility.
(e) Transaction limits apply to transactions done on the service interfaces These limits apply whether these were set for your account, for the authorised user or for the service channel itself. Transaction limits are there for your protection. Because of this we will not be able to carry out any instruction from you if you have exceeded your transaction limit or if a transaction will result in you exceeding your transaction limits. If you need to exceed any limits you need to arrange with us for this beforehand. You can do this by phoning our call centre or visiting your nearest branch. For security reasons we reserve the right to adjust your transactional limits at our discretion. Please contact our call centre to find out what the transactional limits are on our service interfaces.
(f) You are responsible for giving us correct and complete information and instructions when you transact You are responsible for giving us correct and complete information and instructions when you transact. Unfortunately we are unable to and do not check or confirm any information. We do not verify the identity or Bank account details of the person / entity you are paying and do not19 compare the account number against the details of the person / entity you are paying, therefore it is your responsibility to make sure that the information you give us is correct. We will not be responsible to the person or entity you are paying for any loss or damage you suffer because you gave the incorrect or incomplete information. We are not responsible if you do not complete an instruction or if you do not follow our instructions when transacting.
(g) Certain transactions cannot be reversed or stopped once you send them to us Certain transactions cannot be reversed or stopped once you send them to us, for example, when you buy pre-paid products.
(h) How long does it take to process transactions? Unless we say otherwise (whether on the service channel or anywhere else), all transactions will be completed in the same amount of time that they generally take to be completed when you perform them at the branch or PAYMATE OUTLET.
Some transactions take longer. It can take up to 2 (two) business days for money to reach persons you are paying by EFT (electronic funds transfer) via the service interfaces. Please read the guidelines and notices published on the service channel from time to time or contact us to check on the turnaround times especially if your payment is urgent.
(i) How do I know if the provider has received my instruction? You must not assume that we have received an instruction until we have specifically confirmed that we received that instruction, or acted on that instruction, whichever happens first. If you are not sure if a transaction has been sent or received or processed you must contact us. You must not submit an instruction again as this can result in the same transaction being processed again. Should this happen you will be responsible for such duplicated transactions. Messages sent by us of an “automated nature” or messages that were sent using auto response software or programs must not be regarded as a response or confirmation. You will be regarded as having accepted all transactions and changes to your account settings made via the service interfaces unless you notify the provider of your objection as soon as you become reasonably aware.
(j) The timing of communication Any communication from us to you will be regarded as having been sent at the time shown on the communication or on our transmission logs. In any proceedings or dispute, our records certified as correct by the provider‟s employee in charge of the service channel, will be sufficient proof of any instructions you have provided or transaction you have performed on the service interfaces, the content or services on any service channel or value added service, unless you can prove otherwise. Where dates and times need to be calculated the international standard time (GMT) plus 2 (two) hours will be used.
(k) The provider is not responsible for third party software From time to time we may make third party software/applications (“software”) available for download via the service channel. You download and use the software at your own risk. We make no warranty about the software, whether express or implied. You will be bound to the license terms of the software licensor. You hereby indemnify us and hold us harmless if you breach the license conditions
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ENDING THIS AGREEMENT
(a) Notice we can end this agreement at any time or end your right to use the service interfaces, after giving you reasonable notice. This will not affect instructions given to us using the service interfaces before the agreement ended. You may end this agreement by notifying us in writing or by phoning our call centre. If you or we end this agreement you will still be responsible to us for all transactions, instructions and fees levied prior the notification can be given effect to.
(b) Specific conduct we can also end this agreement and your right to use the service interfaces immediately if any one or more of the following happens:
- If you commit fraud or we suspect you have done so.
- If we believe that your behaviour was inappropriate or constitutes misconduct, such as utilising your profile to the detriment of other users and clients.
- If you breach this agreement.
- If you no longer have access to the equipment or services necessary to use the service interfaces. e.g. Cellphone Network Service Provider removes your registered cellphone number from its network or ends your contract.
- If your account is closed.
- If the law requires us to do this.
- If you don‟t use the service channel for a period of 6 (six) months or more. If we end the agreement because of this the accountholder will have to register again.
NOTE: It is your responsibility to cancel any scheduled payments and/or top ups and any recurring services or payments you set up on the service interface. The service interface is just a means of setting up scheduled top ups and recurring services, ending the agreement does not mean these scheduled top ups or recurring services will also be cancelled
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Alert Terms and Conditions
alert is a messaging service which provides you with notifications of certain account activity via SMS to your selected Mobile number and/or email to your email address and/or, IM (Instant Message) to your linked App. Should you elect to receive your alert notifications via your App be advised that we will first attempt to send you an IM and should we be unable to do so, we will send you an SMS
You may incur a fee for the alert Notification Service. Kindly refer to our pricing guide located at eMalyami.com for the full fee structure.
These terms and conditions apply to alert and alert ADVA (an enhanced form of alert). They form a binding agreement between you and eMalyami. You must read these terms and conditions carefully. Contact us if you don‟t understand any part of these terms and conditions. These terms and conditions must be read with the eMalyami General Terms and Conditions located at eMalyami.com. By using alert and/or alert ADVA you agree to be bound to these terms and conditions
The types and values of transactions that we provide notifications for do change from time to time. Because of this you must still take the necessary precautions to safeguard your accounts, cards and channel access mechanisms, such as passwords and PINs. You are responsible for ensuring that eMalyami has your correct mobile numbers and/or email addresses. We will not be held responsible if you‟re SMS and/or email is sent to the wrong number or address. Your alert information can be updated electronically using the online channel, by contacting the customer contact centres or by visiting a Branch.
We cannot guarantee receipt or delivery of an SMS and/or e-mail as eMalyami uses external third parties for relaying of SMS and/or e-mail. Although we do send you alert notifications your statement will be the main and final record of all transaction on your account. You must therefore check all entries on your statement immediately upon receipt of your statement. You must report any unauthorised transaction or errors within 30(thirty) days from the date of the statement. Should you fail to do so all entries will be assumed to be correct and authorised. eMalyami will not be held responsible for any losses suffered as a result of your failure to notify us timeously of suspicious or unauthorised transactions
Alert is designed to assist you to track activity on your account and minimise potential unauthorised transactions. It is important that you read you alert notifications as soon as you receive them. You must notify eMalyami about any suspicious or unauthorised transactions on your account within 24 (twenty four) hours. If you fail to do this, you agree that eMalyami can treat the transaction as correct and hold you legally responsible for the transaction as if you had done or approved it. In the event of a dispute regarding when a message was sent our system22 records will serve as proof of the date and time of the sending of the message unless you can prove otherwise.
This allows you to monitor your accounts as it enables you to view transactions and balances on all accounts linked to your profile. Further you can perform limited value transactions. Should you wish to not avail of this service the functionality can be updated electronically using the online channel, by contacting the customer contact centres or by visiting a Branch. If you are a registered online customer your alert number can be used to receive your One Time Pin (OTP).Should your OTP and alert numbers be different from each other you must maintain them individually. Be advised therefore if your OTP number differs from your alert number, your OTP number is not automatically updated when you change your alert details.