1.THE AGREEMENT
1.1 These are the terms and conditions upon which the “Customer” may use the O’mari Wallet (as defined herein) provided by Old Mutual Digital Services (Private) Limited “OMDS” the acceptance of which constitutes a binding contract between the “Customer” and “OMDS.”
1.2 When the “Customer” completes a self-registration process (or is assisted to sign up) to open an O’mari wallet for mobile money services, they agree to abide by the terms and conditions set herein.
1.3 The “Customer” is also required to read and fully understand the Old Mutual Zimbabwe OMZIL Digital Channels terms and conditions which, where applicable and in as far as possible, are incorporated herein by reference.
1.4 The “Customer” also hereby agrees to be bound by the general Mobile Network Operator’s (MNO) terms and conditions for the network being used to access the O’mariI platform, in respect of the mobile money services.
2. DEFINITIONS AND APPLICATION OF TERMS
2.1 Wallet refers to the “Customer’s” O’mari wallet administered by Old Mutual Digital Services.
2.2 Agreement means the acceptance of the terms and conditions governing the services that the “Customer” is accessing via a channel of their choice, which creates a legally binding contract between the “Customer” and Old Mutual Digital Services.
2.3 Application Form means the e-application form or physical form issued by a registered O’mari Distribution Partner or accessible on the O’mari digital platform. Also see the Terms and Conditions for Use of all Old Mutual Zimbabwe Limited (OMZIL) Digital Channels.
2.4 Self-Registration refers to when the “Customer” registers themselves on the O’mari platform using USSD, Mobile App, WhatsApp and any other touchpoint applicable. This is done by dialling the shortcode or filling the e-application form on the mobile application or by sending “Hi” and then following the prompts on WhatsApp until the registration process is complete.
2.5 Self-Registration Prompts means the prompts that the “Customer” receives and responds to when they perform Self-Registration on any of the O’mari channels.
2.6 Customer Application means the provisions that are given to the “Customer” allowing them to fill in their details on any of the O’mari digital channels available.
2.7 Charges mean any fees that will be applicable to the completion of a transaction on the O’mari channels.
2.8 Credit means the transfer of mobile money into the “Customer’s” O’mari wallet .
2.9 Customer Contact Centre means the O’mari customer call centre.
2.10 Debit means the transfer of mobile money out of the “Customer’s” O’mari wallet.
2.11 Deposit means the cash deposit the “Customer” will make at any of the designated O’mari Agent outlets.
2.12 Mobile Money means the electronic money distributed on the O’mari digital platform.
2.13 Identity means the legally recognised Zimbabwean National Identity.
2.14 Distribution Partner is any institution or entity registered by O’mari to perform functions of Mobile Money services on O’mari’s behalf.
2.15 PIN stands for Personal Identification Number selected by the “Customer” for security reasons and the ease of authentication of transactions.
2.16 OTP stands for a One Time Password that will be sent to the “Customer” for wallet activation or authenticating a transaction otherwise referred to as two-factor authentication.
2.17 Transactions mean one or more of the transactions listed in clause 3.1 below.
2.18 “Customer” means the holder of the O’mari wallet.
2.19 Brand Ambassador is a person appointed or employed by O’mari to help customers to register on O’mari and/or assist the “Customer” in accessing any of the O’mari services.
3. THE “CUSTOMER’S” O’mari WALLET
APPLYING FOR A WALLET
3.1 The “Customer” shall open an O’mari Wallet in their own name if they have a mobile phone number on any mobile network operator (MNO) in Zimbabwe and have completed the registration/onboarding process through USSD, Mobile Application, WhatsApp and/or any other channel provisioned for onboarding.
3.2 The “Customer” shall open a Walletusing their own mobile cell phone and shall be eligible to do so if:
3.2.1 They are above the age of eighteen (18) years; and
3.2.2 They complete a Self-Registration process on their phone by following self-directed steps after dialling a short code or sending “Hi” on WhatsApp or by following the self-directed steps on O’mari Mobile App.
3.2.3 They provide all the required details, particulars and documentation required in the onboarding process to OMDS’s satisfaction.
3.3 OMDS reserves the right to deny the “Customer” any O’mari services, and access to opening a Wallet in line with the governing regulatory framework to which it is operating under.
3.4 The “Customer” may not have more than 1 (one) O’mari Wallet.
4. USING THE O’mari WALLET
4.1 If the “Customer” is an O’mari Wallet holder, they shall transact within the approved regulatory limits otherwise revised from time to time as follows:
4.1.1 Daily transaction limits;
4.1.2 Weekly transaction limits; and
4.1.3 Monthly transaction limits.
4.2 Violation of these limits by any means may lead to the “Customer’s” Wallet being viewed with suspicion and suspended or leading to closure.
4.3 The “Customer” may only do their own transactions on their own Wallet. The “Customer” is not allowed to have another person operate their Wallet on behalf of them. The “Customer” hereby agrees that all funds held in their O’mari Wallet are theirs and were acquired through lawful means.
4.4 A “Customer” cannot inherit someone else’s O’mari Wallet and the Mobile Money in a deceased person’s O’mari Wallet shall be administered in terms of the laws of the Republic of Zimbabwe.
4.5 The “Customer’s” O’mari Wallet shall not be given or transferred to another person under any circumstances, nor shall a “Customer” allow another person/persons/entities to conduct business or use their O’mari Wallet.
4.6 By registering an O’mari Wallet the “Customer” undertakes to perform legit transactions as per the Zimbabwean laws and dictates. Should it become apparent to O’mari that any criminal activity has been committed by the “Customer”, their Wallet will be closed or suspended until further notice.
4.7 The “Customer” should immediately notify O’mari of any variation of this Agreement and of any change of the personal details that they would have previously provided during onboarding and registration as part of their Know Your Customer documents.
5. PERFORMING TRANSACTIONS ON THE O’mari WALLET
5.1 The “Customer” can perform the following O’mari transactions on their Wallet, this list is not exhaustive and is subject to change as products can be added or suspended depending on O’mari’s business requirements and regulatory changes:
5.1.1 Exchanging cash for mobile money (cash-in) at any designated O’mari Distribution Partner and/or any stipulated institution or branch network authorised to do so by O’mari; and/or
5.1.2 Exchanging mobile money for cash (cash-out) at any designated O’mari Distribution Partner and/or any stipulated institution or branch network authorised to do so by O’mari; and/or
5.1.3 Sending Mobile Money to another registered customer’s mobile phone and/or other wallet holder from existing Mobile Money Operators (MMOs) and/or existing bank accountholders; and/or
5.1.4 Sending Mobile Money to an unregistered customer, who will only be able to transact or withdraw cash at any O’mari Distribution Partner upon opening an O’mari Wallet; and/or
5.1.5 Buying prepaid airtime using Mobile Money; and/or
5.1.6 Paying merchants when purchasing goods or services; and/or
5.1.7 Paying bills for services rendered; and/or
5.1.8 Funding the O’mari Wallet by transferring Mobile Money from their bank account to the O’mari Wallet, depositing into the Wallet, and/or receiving a transfer from Mobile Money transfers; and/or
5.1.9 Transfer of Mobile Money from O’mari Wallet to any bank account, to other O’mari account holders, to other existing wallet holders from MMOs and/or to unregistered mobile numbers; and/or
5.1.10 Mobile Money from O’mari wallet may only be transferred to any account holder of bank or Mobile Money system which is on ZIMSWITCH; and/or
5.1.11 O’mari wallet holders can only receive Mobile Money from all institutions registered on ZIMSWITCH; and/or
5.1.12 Accessing investment, insurance, lending and eCommerce products and services on O’mari.
5.2 O’mari reserves the right to add, alter, remove or otherwise change its products, services,functions and features from time to time and will notify the “Customer” through designated communications channels, such as but not limited to SMS, email and public or digital gazette.
5.3 After completion of a transaction the O’mari Wallet, the “Customer” will be debited or credited depending on whether they are receiving, sending, depositing or withdrawing funds.
5.4 O’mari will validate and confirm all transactions completed through the “Customer’s” Wallet by sending them an SMS to notify them as to such on their registered mobile number.
5.5 In the case that the “Customer” does not have adequate mobile money to perform a transaction or to pay the applicable charges, the transaction will be rejected by O’mari, unless otherwise stipulated under the qualification of a “buy now, pay later” loan disbursed by O’mari to the “Customer”.
5.6 It is the “Customer’s” responsibility to ensure that they input the correct details when performing a transaction. If the “Customer” enters incorrect details or information, they hereby acknowledge that will have no claim or remedies for damages, or other related claims, against O’mari, Partner Banks, O’mari Distribution Partners, associated companies or any stipulated institution or branch network authorised to do or conduct business on behalf of O’mari for any losses incurred. The “Customer” hereby renounces any right they may have had to sue O’mari as set out above.
5.7 Any mobile money sent by the “Customer” to an unregistered customer that is not claimed within thirty (30) days by opening an O’mari Wallet will be automatically cancelled and reversed to the sender excluding the charges incurred when sending that amount. The “Customer” will only receive the principal amount sent to the unregistered customer during the time of the transaction and O’mari will not be accountable for any loss in value of that principal amount thereof.
6. STATEMENTS ON THE CUSTOMER’S O’mari WALLET
6.1 The “Customer” can request their O’mari Wallet balance by using the “Balance Enquiry” function on the O’mari digital channels menu for a fee. In the case of the Mobile application, the “Customer” can request the balance and receive a printable image. Please note that no printed statements will be given to the “Customer” for a balance enquiry.
6.2 Should the “Customer” require a longer time period statement for any contractual obligations with various merchants across the country, they will be able to request such from O’mari Distribution Partners and/or institutions or branch networks assigned to do so.
6.3 Every transaction performed by the “Customer” shall be followed with a unique receipt number, through an SMS which will also present the transaction confirmation and verification and stipulate the current O’mari Wallet balance.
6.4 It is the “Customer’s” responsibility to keep all their receipts or receipts numbers issued to them so that they can be used to track and/or identify all transactions performed on their O’mari Wallet.
7. CLOSING OR SUSPENSION OF THE WALLET
7.1 The “Customer’s” Wallet will be closed when O’mari receives their written request in a digital or through physical capability of the Wallet to be closed.
7.2 O’mari may at any time without giving prior notice suspend, close, or limit account access if:
7.2.1 O’mari suspects that the “Customer” has used their O’mari Wallet to commit a crime; and/or
7.2.2 O’mari is required by law to do so; and/or
7.2.3 It comes to O’mari’s attention, or O’mari has reasonable grounds to believe or perceive that the “Customer’s” O’mari Wallet, is linked to corrupt, unauthorised, unlawful, improper, fraudulent and illegal transactions;
7.2.4 O’mari realizes or is made aware that the information provided upon registration is incomplete or is inconsistent with the “Customer’s” correct information about themselves;
7.2.5 O’mari perceives that the “Customer” has breached the rules or that they are trying to compromise the O’mari system or are interfering with any services which O’mari provides;
7.2.6 The “Customer” opens or tries to open more than 1 (one) O’mari Wallet;
7.2.7 The “Customer” has not performed any transaction for more than one hundred and eighty (180) days. O’mari shall notify the “Customer” and encourage them to perform a transaction using their wallet. If they fail to transact for more than 180 days, O’mari may at their discretion close the O’mari wallet;
7.2.8 The “Customer” no longer has a mobile number;
7.2.9 The “Customer” becomes insolvent, bankrupt or dies, or O’mari is in receipt of a Court order or is required by regulation or law to do so.
7.3 The “Customer’s” O’mari credit balances shall be repaid under the following circumstances:
7.3.1 When the “Customer” visits any O’mari outlet or Distribution Partner in person with satisfactory proof of Identity; and
7.3.2 In the case that the “Customer” is dead, the credit balances will be presented to the Executor of their estate for disbursement as per the deceased’s wishes.
7.4 If O’mari closes, suspends or restricts the “Customer’s” access because of the reasons in clause 7, O’mari shall not be held responsible to the “Customer” for any direct, indirect or consequent or special damages emanating from any act or omission by O’mari Partner Banks, O’mari Distribution Partners associated companies for which they are responsible whether emanating in contract, delict or statutes.
8.SECURITY AND UNAUTHORISED USE OF O’MARI WALLET
8.1 the “Customer” is always responsible for ensuring that their start PIN or PIN for their Wallet remains their secret and that they do not share it with anyone including those whom they deem to be close to them. This includes, but is not limited to: O’mari employees, the O’mari Call Centre’ O’mari Distribution Partner and their employees, Partner Banks Outlets and their employees, Partner Banks and their employees and the O’mari Agencies and their employees, family members and friends. It is the “Customer’s” sole responsibility to keep their PIN secret hence O’mari shall presume that all the transactions performed using the “Customer’s” PIN were done by the “Customer”. O’mari and its partners shall not be held accountable or liable for any losses and damages suffered by the “Customer” if their PIN is accessed or used by any other person.
8.2 When the “Customer’s” cell phone or SIM card is stolen or misplaced they should immediately call their Mobile Network Operator (for example Telecel, Econet, Netone) so that the line can be blocked. The “Customer” should also notify O’mari immediately by accessing the block/unblock function on the O’mari digital channels, calling the O’mari Contact Centre or visiting an O’mari outlet. Immediately after the “Customer” has informed O’mari, their O’mari Wallet will be suspended pending investigation.
8.3 Any delays in informing O’mari and the Mobile Network Provider of the “Customer’s” cell phone and/or SIM card being lost and/or stolen will be construed as gross negligence on the “Customer’s” part and neither O’mari, Partner Banks nor any O’mari Agent shall be held liable for any losses suffered or endured.
8.4 The “Customer” will be held responsible for all the transactions and charges in respect of those transactions which were done before notifying O’mari or before blocking their wallet. The “Customer” shall not claim this money from O’mari, Partner Banks or any O’mari Distribution Partners. The “Customer” undertakes to indemnify O’mari, Partner Banks and the Distribution Partner in full against any claims made related to such transactions.
8.5 The “Customer’s” O’mari Wallet will be reactivated once the “Customer” replaces their SIM card or upon receipt of their digital/written request.
9.SECURITY AND UNAUTHORISED USE OF O’MARI CARD
9.1 The “Customer” shall always be responsible for ensuring that their start PIN or PIN for their card remains their secret and that they do not share it with anyone including those whom they deem to be close to them. This includes, but is not limited to, O’mari employees, the O’mari Call Centre’ O’mari Distribution Partner and their employees, Partner Banks Outlets and their employees, Partner Banks and their employees and the O’mari Agencies and their employees, family members and friends. It is the “Customer’s” sole responsibility to keep their card PIN secret hence O’mari shall presume that all the transactions performed using the “Customer’s” PIN were done by the “Customer”. O’mari and its partners shall not be held accountable or liable for any losses and damages suffered by the “Customer” if their PIN is accessed or used by any other person.
9.2 When the “Customer’s” transacting card is stolen or misplaced they should immediately notify O’mari so that the line can be blocked by accessing the block/unblock card function on the O’mari digital channels, calling the O’mari Contact Centre or visiting an O’mari outlet. Immediately after the “Customer” has informed O’mari, their O’mari Walletwill be suspended pending investigation.
9.3 Any delay in informing O’mari of the “Customer’s” transacting card being lost and/or stolen will be construed as gross negligence on the “Customer’s” part and neither O’mari, Partner Banks nor any O’mari Distribution Partners shall be held liable for any losses suffered or endured.
9.4 The “Customer” will be held responsible for all the transactions and charges in respect of those transactions which were done before notifying O’mari or before blocking their card. The “Customer” shall not claim this money from O’mari, Partner Banks or any O’mari Distribution Partners. The “Customer” undertakes to indemnify O’mari, Partner Banks and the Distribution Partners in full against any claims made related to such transactions.
9.5 The “Customer’s” O’mari card will be reactivated once the “Customer” replaces their card or upon receipt of their digital/written request.
10 O’MARI FEES AND CHARGES
10.1 By registering on O’mari the “Customer” agrees to pay the applicable charges to O’mari for all the transactions that they perform on their Walletand/or for any services rendered pertaining to O’mari’s line of business. All the applicable charges will be gazetted and will be accessible through all O’mari’s distribution networks or can be accessed by calling the Customer Contact Centre.
10.2 Please note that O’mari reserves the right to review charges at any time as per guidance from the industry trends and these changes shall be communicated through a public gazette either in full or partly, with effect from the date stipulated in such notice without further notice to the “Customer”.
11. LIMITATION OF LIABILITY
11.1 Without violating any other clause or clauses in this Agreement, OMDS shall not be liable for any loss or damage, whether direct or consequential, if:
11.1.1 The networks, cell phones, internet, banking channels or terminals fail to function well or are interrupted or terminated or suspended for any reason; and
11.1.2 When the loss or damage suffered by the “Customer”, whether emanating from contract, delict, statute or otherwise, save it is willfully caused by OMDS directly or OMDS’ gross negligence. These losses shall be restricted to the amount of the loss that a reasonable person in “Customer’s” position would have endured, for clarity’s sake; the losses shall exclude indirect, special and/or consequential losses, contumely suffering and pain and /or damages.
11.2 OMDS makes no representations and shall not warranty of any kind to and in favour of “Customer” whether implicitly or expressly with regards to services that they would have chosen.
12.CUSTOMER SERVICE
12.1 The “Customer” may call the Customer Contact Centre on Toll free number 433 if they require any of the following:
12.1.1 Receive a full list of outlets and Distribution Partners;
12.1.2 Want to make O’mari account inquiry;
12.1.3 Inquire about any transactions completed through their O’mari wallet;
12.1.4 Failing to access;
12.1.5 their O’mari wallet;
12.1.6 Facing challenges with services on their O’mari Wallet;
12.1.7 Want to lodge a complaint related to O’mari Wallet;
12.1.8 Inquire more information pertaining to O’mari services; And
12.1.9 Require emergency blocking of any other wallet services and/or card services in relation to suspected and scrupulous transactions, theft, or if lost.
13.CONFIDENTIALITY
13.1 The parties to this Agreement shall keep all knowledge and information or data acquired or supplied by each to the other in terms of this agreement confidential, save for the following circumstances:
13.1.1 When O’mari is required by law to disclose such information or when complying with a court order from a competent jurisdiction or otherwise as sanctioned by law to make known such information;
13.1.2 When the information was already in the custody of or known to the recipient or disclosure thereof by the disclosing party other than pursuant to a breach by the recipient of its obligation in terms of this clause; or
13.1.3 When it has become publicly known otherwise than pursuant to a breach of its obligation in terms of this clause by the recipient.
13.2 The duties of the parties in terms of this clause will carry on even after the termination of this Agreement.
13.3 By registering on O’mari “Customer” agrees that when O’mari closes their Wallet all telephone conversations and engagements between the two (2) parties will be recorded and stored for the purpose of record keeping.
14.APPLICABLE LAW AND JURISDICTION
14.1 This Agreement shall be interpreted in accordance with the Zimbabwean Laws and regulations.
14.2 Neither O’mari nor the “Customer” may take any action in the name of or otherwise on behalf of the other which would contravene applicable laws and regulatory guidelines.
15.ADDRESSES AND CONTACT DETAILS FOR NOTICES
15.1 The address and contacts, be this the physical address, email and/or mobile number, provided upon self-registration shall be deemed to be “Customer’s” chosen contact information at which notices may be sent or brought, and documents in legal proceedings may be served. In the case of a change of details, the “Customer” shall be required to send a digital/written notice to O’mari.
15.2 The chosen address and/or contact details for O’mari for any service of notices or documents in legal proceedings shall be No. 100 The Chase, Emerald Hills, Harare, marked for the attention of the Managing Director.
15.3 Notices sent by one party to the other shall be deemed to have been received within the following specified periods.
15.3.1 Seven working days after posting the notice; or
15.3.2 In the case of hand delivery and/or digital delivery, the same day of sending the notice; or
15.3.3 At the same time if the notice is sent by fax.
15.4 Notwithstanding anything to the divergent, O’mari reserves the right to send information to “Customer” via SMS to the cell phone number which you used to self-register on O’mari, or via the customer’s stipulated email address when they registered for O’mari services for the avoidance of doubt, any such SMS or email sent shall be for information purposes only.
16.CHANGES THAT MAY COME FROM TIME TO TIME
16.1 O’mari reserves the right to amend these rules or terms and conditions at any time, as per regulatory governance, and we will notify the “Customer” of such changes within a reasonable time before they come into effect.
16.2 The “Customer” may not change or alter any of the rules or terms & conditions herein stated. Nevertheless, they will be allowed to suggest changes for O’mari’s consideration.
17. GENERAL
17.1 By registering on O’mari, the Customer agrees that OMZIL may collect, use and share their personal data, such as their name, contact details, transaction history, location data and preferences, for the purpose of analysing their data to come up with responsive products and services that meet their needs and expectations. The customer can withdraw or renew their consent at any time by contacting OMZIL by clicking this link.
17.2 No tolerance, clemency or allowance of time, which O’mari extends to the “Customer” shall in any way disadvantage O’mari from enjoying any of these rights in the time to come.
17.3 It is the “Customer’s” responsibility to alert O’mari immediately when they are under an administration order, are sequestrated or declared bankrupt or have any incapacity recognised at law.
17.4 By registering on O’mari, the Customer agrees that Old Mutual Zimbabwe Limited may collect, use and share their personal data, such as their name, contact details, transaction history, location data and preferences, for the purpose of analysing their data to come up with responsive products and services that meet their needs and expectations. The customer can withdraw or renew their consent at any time by contacting Old Mutual Zimbabwe Limited by clicking this link.
17.5 By accepting the Privacy Policy on O’mari, the customer agrees that O’mari and affiliated Old Mutual Group companies may collect, use and share their personal data, such as their name, contact details, transaction history, location data and preferences, for the purpose of sending them short message services (SMS), digital engagement communication relating to marketing, promotional campaigns and personalised offerings in line with the privacy policy.
17.6 To keep you informed about other exciting Old Mutual Zimbabwe Limited products and services, Old Mutual requests consent to use your customer data in line with the privacy policy.