General Terms and Conditions of Sale – GIMAC interoperable regional and international transfer service via Smobilpay
Article 1: Purpose
These General Terms and Conditions of Sale (GTCS) govern the terms and conditions of provision of regional money transfer (CEMAC Transfer) and outgoing remittance (DIGICONNECT) services made available by Maviance via its Smobilpay platform, in partnership with the Central African Interbank Banking Group (GIMAC).
Article 2 : Definitions
- Acquirer : Member of GIMAC, owner of Automated Banking Machines (ATMs) and/or Electronic Payment Terminals (EPTs).
- End Customer or « User » : Any end user of the remittance service, holder of an active Mobile Money account or bank account and considered to be the rightful owner of the UVs and/or funds in said account.
- Bank or deposit account : Account in Central Bank money or commercial bank money held by the Central Bank or by Credit Institutions or Microfinance Institutions (MFIs); account for the domiciliation of payment services and payment instruments such as a payment card or an SME/Wallet.
- Payment account : Account taken into account in the books of a Payment Institution or any PSP, within the meaning of Regulation No. 04/18/CEMAC/UMAC/COBAC of 21 December 2018; account for the domiciliation of payment services and payment instruments such as a payment card or an SME/Wallet.
- Personal data : Any information that can be used to identify a customer as a natural person, directly or indirectly, in particular via a unique number, an account number, their civil status data or their biometric characteristics.
- Issuer : Member of GIMAC who can issue GIMAC cards and SMEs/Wallets or international cards for its customers.
- Payment institution: Refers to any structure holding an authorisation issued by the competent monetary regulatory authorities.
- Sender : The participant to which the customer who initiates a transfer or payment belongs.
- GIMACPAY : Payment system managed by GIMAC, operating in the CEMAC in an integrated manner card, mobile money or instant transfers and money transfer transactions.
- IBAN : The IBAN (International Bank Account Number) identifies the holder of an account with a Participant (Bank, EMF, EP), on 27 characters as defined in the CEMAC.
- Identity Document or Identity Document Required : Refers to the national identity card, passport or any other valid official identification document recognized in Cameroon, issued by an authorized public authority and bearing the User’s photograph.
- Notifications : An automated message sent to a user or agent to confirm that an operation related to the requested service has been completed.
- Mobile Number : Refers to the mobile telephone line made available to the User by a mobile telephone company, allowing the use of his mobile phone and access to a mobile network by means of the SIM Card.
- Outgoing remittance : Transaction for the transfer of money, money order, payment or provision of funds from within the CEMAC to a Recipient located outside the CEMAC, whether or not he holds an account.
- Receiver : The participant to which the customer belongs who receives a money transfer or payment via a Wallet, bank account or payment account.
- Wallet/IBAN transfer or top-up at a point of sale : Service that allows a bank or mobile wallet to be topped up from a point of sale using cash.
- Wallet or Electronic Wallet (SME): Electronic payment instrument equipped with a computer memory, domiciled on a deposit account or on a payment account and used to initiate debit or credit movements in the said account.
Article 3: Services offered
- International money transfer;
- Regional money transfer (CEMAC zone).
Article 4: Use of the Service
The use of the services described above is governed by these General Terms and Conditions of Sale. Access to the services will be made under the General Conditions defined by Maviance and in accordance with the regulations in force.
Maviance and its partners undertake to implement all necessary means so that the User can have access to the Service. Maviance and its partners are also committed to putting in place the necessary means for the smooth running of the service, to maintain its continuity and quality. The User undertakes to comply with any instructions communicated to him by Maviance and its partners.
The transaction histories carried out by the User may be controlled and/or recorded as part of the diligent conduct of business, in particular with regard to quality control, training, the proper functioning of the system, as well as the detection and prevention of financial crimes and crimes.
The User agrees that Maviance and its partners may communicate or receive personal data or documents concerning him/her.
Article 5: Obligations of the customer (User)
- Present a valid identity document (national identity card, passport, residence permit).
- Provide accurate information for the transaction (surname, first name, amount, country, source of income, purpose of the transaction and any other information required by anti-money laundering and countering the financing of terrorism legislation);
- Systematically check the information provided (name and bank account or telephone number of the beneficiary) before validating each transaction.
- The User is required to pay the Fees and taxes, in accordance with the Pricing in force for any Transaction.
- The User is fully responsible for the use of the Mobile Money Account and/or IBAN, and therefore undertakes to use them in accordance with the technical specifications and contractual conditions of the Service.
- The User agrees not to use the Service for the purpose of committing an infringement of any applicable law or regulation.
- The User also undertakes to take all necessary measures to keep the mobile number to which his Mobile Money account or IBAN is attached.
- Maviance is not responsible for any errors related to incorrect information provided by the customer.
- Maviance shall not be liable for any losses resulting from any disclosure of personal information by the Customer.
Article 6: Identification of the customer (User) during operations
To carry out a shipping operation, the customer must have one of the following valid supporting documents:
- The Cameroonian ID Card / Temporary ID;
- Passport (Cameroonian or foreign);
- The refugee identity card;
- The residence or residence permit issued by the Cameroonian authorities.
Article 7: Personal data
Personal data is collected in accordance with the regulations in force and used only for the performance of the service.
The personal data collected in the context of the services offered are subject to computerised processing. They are also used for the operations necessary for the execution of the service by Maviance and its partners, in particular microfinance institutions.
This data may also be processed and transmitted to service providers and partners for the purposes of providing the Service, in particular to and from participants in the GIMACPAY ecosystem. In compliance with the above-mentioned purposes, the data may also be processed outside the national territory, under the conditions provided for by the applicable legislation.
The User consents to Maviance and its partners, in particular microfinance institutions, communicating or receiving his/her personal information or documents from the competent authorities (regulatory, governmental, or judicial authorities ) for the prevention and detection of criminal or fraudulent activities. This data may also be passed on to lawyers, auditors or competent courts in the context of legal or audit proceedings.
The User may request access to the personal information concerning him/her, request its correction, updating, deletion for legitimate reasons, and object to its processing in accordance with the regulations in force. In the event of an objection, it is understood that the User renounces the use of the Service. The User may exercise his or her rights of access, rectification, deletion and opposition to the processing of personal data concerning him/her, free of charge.
Article 8 – Miscellaneous provisions
The User acknowledges that the data recorded may be used by Maviance. However, the User has the right to modify or delete data concerning him/her.
The User acknowledges that the information, including personal information, and the Transactions will be recorded and stored for a period of ten (10) years from the closure of their payment account (Wallet) or bank account (IBAN) or the end of the financial year in which the Transactions were carried out.
All copyrights, trademarks, and any other intellectual property rights relating to the Service or contained in the related documents belong to Maviance. The User acknowledges that he/she does not acquire any of the rights mentioned above.
Article 9 – Pricing
- The Pricing published by Maviance includes all fees due for the opening and management of the service platform as well as the use of the services by the End Customer;
- The Fees include value-added tax, as well as any other taxes or levies at the applicable rate;
- The fee is paid by the sender when sending;
- The beneficiary does not pay any fees for reception;
- Prices are displayed in the agency and may change without notice.
Article 10 – Modification of the General Terms and Conditions of Sale
Maviance and its partners reserve the right to modify these General Terms and Conditions or the Pricing at any time. In the event of a change, the User will be informed before the entry into force. He may be informed of this prior information by any means leaving a trace, and in particular by publication on the website. These changes will also be available at Maviance partner microfinance agencies.
Article 11 – Transaction Limits and Limits
- The minimum amount of transactions is 1,000 FCFA;
- The maximum amount per CEMAC Cash In transaction is 5 million FCFA per person and per transaction;
- The maximum amount per outgoing remittance transaction is 1 million FCFA per person per month.
It should be noted that the maximum limits for international transfers are set by the regulatory authorities, as such, Maviance will communicate any daily or monthly limits that may be set by these authorities.
Article 12 – Validity of transactions
These instantaneous operations are validated until received in the beneficiary customer’s account provided by the sender.
Article 13 – Responsibilities and exclusions
Unless otherwise required by mandatory law, Maviance is not responsible for the actions or omissions of independent participants who are involved in the provision of the Service, even if they are approved by GIMAC. Maviance cannot be held liable for any dispute that may arise between an Acceptor, a partner Microfinance and a User.
Maviance shall not be liable for any losses due to the failure or failure of telephone networks, mobile phone equipment, the internet or terminals or any shared network, resulting from circumstances beyond Maviance’s control.
Maviance, within the limits set by the regulations in force, cannot be held liable for any damage suffered by the User unless such damage has been directly caused by the fault of Maviance. Consequential damages are those that do not result exclusively and directly from the failure of Maviance’s services. Indirect damage includes operating losses and commercial damage.
Maviance shall not be liable for any indirect, incidental or consequential losses, including, without limitation, lost profits, business interruption, loss of opportunity. Maviance shall not be liable for any delays, losses, damages or expenses resulting from circumstances beyond its control, such as acts of God, negligence or error of the customer, or the customer’s failure to comply with applicable laws and regulations.
The User is informed that it is his responsibility to check, for each transfer order initiated, that he has not made the wrong recipient. Maviance shall not be liable for any errors or incomplete information provided by the Sender of a Transfer on the recipient’s Name, mobile number, bank account number or IBAN, whether or not this results in a failure to complete the Transaction or Transfer.
Maviance shall not be liable to the Receiver in connection with a Transfer for any errors in the amount of the Transfer.
Article 14: Cancellation and refund
- Cancelling a transaction is only possible if the beneficiary has not withdrawn the funds.
- Transfer fees are non-refundable unless there is an error attributable to Maviance.
Article 15: Applicable law and jurisdictions
Maviance’s General Terms and Conditions of Sale (GTCS) are subject to Cameroonian law. The parties will endeavour to settle amicably any dispute concerning the validity, interpretation or enforceability of these Terms and Conditions. In the absence of an amicable settlement within one (1) month of the notification of the dispute by one of the parties, the most diligent party shall refer the matter to the Courts of Douala or Yaoundé which have exclusive jurisdiction.
Article 16: Complaints and disputes
- Any complaint must be addressed to Smobilpay Support (Maviance Cameroon);
- In the event of a dispute, only the courts of Cameroon have jurisdiction.
Article 17: Acceptance
The use of Smobilpay (By Maviance) services implies unreserved acceptance of these GTCS.