ECOCASH BANKING SERVICES TERMS AND CONDITIONS
Central Africa Building Society (“CABS”) offers you, the Customer, the under-mentioned facility (“ECOCASH Banking Services”) subject to the terms and conditions set out in this Agreement.
Bank to Wallet
5 cents plus 1% of the amount
Wallet to Bank
$1000 per transaction
$3000 per day
The following terms shall have the meanings assigned to them hereunder and a cognate expression shall have the corresponding meanings, namely:
- “ECOCASH Banking Services” shall refer to the facility that enables CABS account holders to transfer money from their CABS bank accounts to their ECOCASH wallets and vice versa.
- “Customer” shall refer to a CABS account holder who has been authorised to use the ECOCASH Banking Services facility by means of the CABS Mobile Banking platform.
- “Mobile Banking Platform” shall refer to the service provided by a financial institution that enables customers to carry out financial transactions remotely using a mobile device.
- “Account” shall refer to the customer’s CABS Account which has been linked to an Ecocash wallet.
2. USES OF THE FACILITY
- You must not use this facility for any illegal purpose nor allow anyone else to do so. In the event of such illegal use occurring, you will be liable for any loss, harm and prejudice which may be suffered by us as a result of such misuse.
- We reserve the right to decline authorisation for any transaction on your account.
3. TENURE OF THE FACILITY
- This facility shall come into operation upon registration by the customer and shall remain in force until terminated by either party.
- Whilst our present intention is that this facility should remain available to you and notwithstanding any other provisions of these terms and conditions, we nevertheless reserve the right to terminate the facility at any time on notice to you in writing.
- You will be liable for all the amounts incurred as a result of the use of this facility; all charges referred to in this Agreement in addition to the costs of enforcing our rights or remedies under this Agreement.
- Our charges for services in relation to this facility are as published by CABS from time to time. We reserve the right to vary or introduce any charges or fees at our discretion and on notice to you.
5. RESTRICTION ON THE USE OF THE FACILITY
We may at any time and without prior notice to you, cancel or suspend the use of this facility or terminate this Agreement should:
- there be a breach of this Agreement; or
- we have reasonable grounds for suspecting fraudulent or unauthorised use of the Account; or
- you fail to adhere to the Anti-Money Laundering and Combating of Financing of Terrorism regulations.
Either party may terminate this Agreement by giving 30 days written notice of its intention to terminate, to the other party. Upon termination, this facility will be deactivated.
You hereby agree to indemnify CABS against and hold it harmless from any and all claims, actions, damages, liabilities (including any of the foregoing arising or accrued without CABS’s fault or negligence, or under the doctrine of “strict liability”) arising out of this arrangement.
8. LIMITATION OF LIABILITY
- You shall be exclusively responsible for the accuracy of your instructions with regards to this facility and CABS shall not liable for any losses or delays arising from incorrect content instructions.
- You acknowledge that the information transmitted through mobile communication platforms is susceptible to unlawful access, tampering, distortion and monitoring and as such you use this facility at your discretion.
- We will not be liable to you for any loss due to any failure or delay in providing our service caused by strikes, industrial action, failure of power supplies or computer equipment, or other causes beyond our reasonable control.
Any failure by CABS to exercise or in exercising any right or remedy under this Agreement will not constitute a waiver of the right or remedy or any other rights or remedies.
We may, at any time, cede our rights and/or obligations pertaining to this Agreement to a third party. Such action will have no effect on your rights and/or your obligations. Your rights and/or obligations under this Agreement are not transferable.
We will communicate with you with regards to this Agreement by SMS, email, letter or any other means we deem appropriate.
12. GOVERNING LAW
This Agreement will be governed and construed in terms of the laws of Zimbabwe.
13. ANTI-BRIBERY AND ANTI-CORRUPTION
- You represent, warrant and undertake now and hereafter that, you have not and shall not commit, procure, or encourage bribery in relation to this Agreement, or to obtain or retain business or any advantage in business for any member of CABS, and you have and shall ensure to the fullest extent possible that you and others under your direction or control do not do so. For the purposes of this clause it doesn’t matter if the bribery is:
- direct or through a third party;
- of a public official or a private sector person;
- financial or in some other form;
- relates to past, present, or future performance or non-performance of a function or activity whether in an official capacity or not, and it does not matter whether or not the person being bribed is to perform the function or activity to which the bribe relates, or is the person who is to benefit from the bribe
- A person is any individual, partnership, company or any other legal entity, public or private. You must promptly notify CABS in writing of any breach of this clause. If you breach this clause, CABS may immediately terminate this Agreement.
- You consent to the exclusive jurisdiction and venue of the Harare Magistrates Court in relation to any and all claims or disputes arising from or in connection with this Agreement, in accordance with section 11(1)(b) of the Magistrates Courts Act [Chapter 7:10] and all subsequent amendments thereto.
- You therefore:
- Waive any objections to the jurisdiction or venue of the Harare Magistrates Court, and
- Waive any entitlement to alternative jurisdiction on the basis of domicile, cause of action, place of employment, or any other such circumstances as set out in section 11(1)(a) of the Magistrates Courts Act, and
- Waive any and all defences at law which claim the lack of jurisdiction of the Harare Magistrates Court.
15. OTHER INFORMATION
- If you wish to make an enquiry or complaint pertaining to this facility, kindly address such query or complaint to the CABS Helpdesk, (firstname.lastname@example.org), (04) 883823-60.
- You may also deliver your communication to the nearest CABS Branch.
16. ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties and no purported amendment, waiver, collateral agreement or replacement agreement will be of any force or effect unless reduced to writing in a document which is signed by the parties.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
18. ACCEPTANCE OF THE TERMS AND CONDITIONS
You hereby confirm that you have read, understood and agree to be bound by the ECOCASH Banking Services Terms and Conditions