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Terms of Use and User Agreement
 
1.0 Terms and  Conditions Overview
1.1 Customer terms and conditions are defined as follows:

1.2 CUSTOMER TERMS & CONDITIONS OF SERVICE

1.3 This Agreement contains the complete terms and conditions  that apply to your participation in VTNETWORK LIMITED’S VCASH  Mobile Money Transfer Service and supersedes all other  agreements entered into between you and VTNETWORK LIMITED of  Ibadan: VTNetwork Limited, 11, Okunola Abass Street, Bodija,  Ibadan, Oyo-State and Abuja: VTNetwork Limited, Suite S8 Febson  Mall, Plot 2425 Herbert Macaulay Way, Wuse Zone 4, Abuja,  Nigeria Tel:07041911945 (“VTNETWORK) with respect to the VCASH  mobile money transfer services. These terms and conditions take  effect on the date of publication. By participating in or  continuing to use the VCASH service you shall be deemed to be  making an affirmative statement of your acceptance of these  terms and conditions.

1.4. Definitions

1.5 “Account” means your VCASH Account, being the record  maintained by us of the amount of E-Money from time to time held  by you and represented by an equivalent amount of cash held by  the Trustee on your behalf;

1.6 “Agent” means a person appointed by VTNETWORK to offer VCASH  Services and includes participating ATM networks, further  details of which may be obtained from VTNETWORK;

1.7 “Cash” means the lawful currency of the Federal Republic of  Nigeria;

1.8 “E Money” means the electronic monetary value depicted in  your VCASH Account representing an equal amount of Cash held by  the Trustee and which may be redeemed through an VCASH Agent for  an equal amount of Cash;

1.9 “Foreign National” means a person who is not a citizen of  Nigeria irrespective of whether the person is permanently  resident in Nigeria.

1.10 “Log Book” means the book maintained by the Agent in which  all Transactions are recorded and which serves as conclusive  evidence of the successful completion of those Transactions.

1.11 “VCASH Services” or “VCASH” means the money transfer  services provided by VTNETWORK including issuance, management  and redemption;

1.12 “VCASH System” or “VCASH” means the system operated by  VTNETWORK providing the VCASH Services;

1.13 “Network” means the Global System for Mobile  Telecommunication (“GSM”) system operated by any Mobile Network  operator in Nigeria and covering those areas within the Federal  Republic of Nigeria as stipulated from time to time by the  Mobile Network Operators;

1.14 “Outlet Operator” means the assistant attending to you at  an Agent Outlet;


1.15 “Outlet” means any shop, unit or other retail premises or  portion thereof operated by an Agent;

1.16 “Participant” or “User” means any person that participates  in the VCASH System by using the VCASH Services to send or  receive money and includes any person that facilitates the  redemption of E-Money;

1.17 “PIN” means your personal identification number, being the  4 digit numerical numbers you choose to access and operate your  account with;

1.18 “Pre-paid Airtime” means mobile phone calling credit on  VTNETWORK LIMITED’S Network;

1.19 “Registration Form” means the registration form containing  registration details and your acceptance of these Terms and  Conditions;

1.20 “Security Questions” means the secret password selected by  you during registration of your VCASH Account;

1.21 “SIM Card” means the subscriber identity module which when  used with the appropriate mobile phone equipment enables you to  use the VCASH Services;

1.22 “SMS” means a short messaging service that enables the  transmission of text messages from one mobile phone to another;

1.23 “Transaction” means the movement of money into, or out of  your VCASH Account;

1.24 “You” or “your” means the VCASH Customer who has registered  to use the VCASH Service;



2. Service Description

2.1 VTNETWORK operates the VCASH mobile money transfer service  that allows you to send and receive money through your  registered mobile phone.

2.2 VCASH is available to all VTNETWORK subscribers upon  registration for the VCASH Services and your acceptance of these  Terms and Conditions. Customers on other Networks may experience  limited range of functionality, specifically cash out and  limited will depend on the interoperability integration level  among the MMO in question.

2.3 You may register for a VCASH Account with any VCASH Agent or  at any VTNETWORK retail centre by completing the VCASH  Registration Form.

2.4 VTNETWORK may in its absolute discretion restrict or limit  the number of accounts you may operate at any one time.

2.5 By registering to use the VCASH Service you agree to these  Terms and Conditions (the “Terms and Conditions”), which shall  form a legally binding agreement between you and VTNETWORK.

2.6 VTNETWORK may in its absolute discretion refuse to register  or revoke the registration of any person on the VCASH System.

2.7 You may acquire E-Money in your VCASH account by depositing  Cash at a VCASH Agent outlet or loading a VCASH reload card or  receiving a remittance of E-Money from another VCASH  Participant, through an international money remittance from a  participating remittance service provider or through any other  acceptable means that VTNETWORK may provide.

2.8 All Transactions shall be denominated in Nigerian Naira. The  VCASH System may not recognize any monetary value depicted as  Kobo. You hereby agree to round off any Transaction value to the  nearest Nigerian Naira.

2.9 Your Cash represented as E-Money is held in trust for you by  the Trustee by virtue of the Trust Deed under which the Trustee  declared itself Trustee of the monies held for you in the  Account and other Participants as beneficiaries in accordance  with the trusts declared by the Trust Deed. By participating in  and/or continuing to use the VCASH Services you acknowledge the  sufficiency of the Trust Deed as creating a valid trust over  funds held by the Trustee on your behalf upon the terms therein  specified

2.10 You acknowledge that the Trustee may treat the records of  the VCASH System as conclusive evidence of the amount of E-Money  at any time standing to the credit of your Account and the  Trustee is not bound to make any independent investigation of  your beneficial entitlement to the Cash held in trust.

2.11 Subject to the prescribed Transaction limits and the  provisions of these Terms and Conditions, the balance of your  VCASH account is redeemable at any time and shall be disposed of  only in accordance with your instructions given via the VCASH  System.

2.12 You acknowledge that VCASH is neither a bank nor a  deposit-taking institution.

2.13 All charges applicable to the VCASH service are set forth  in a separate fee schedule available at Agent outlets and as may  be published from time to time by VTNETWORK and are subject to  change at any time at VTNETWORK LIMITED’S sole discretion.

3. Account Opening and Maintenance

3.1 The following conditions must be met before opening a VCASH  account in your name:

3.1.1 You must be at least 18 years old with capacity to enter  into contracts.
3.1.2 You must have a mobile phone or internet access through  which you may access the VCASH services.

3.1.3 You must complete the Registration Form and submit it when  duly completed and signed by you. For the avoidance of doubt a  completed Registration Form shall bear your name as it appears  on your ID and such other information as may be required.

3.1.4 You must provide sufficient proof of identification (ID).  For the purpose of this agreement, sufficient proof of (ID)  shall be an international passport, national ID card, Drivers  license  .

3.1.5 You must not provide any false, inaccurate, incomplete or  misleading information.

3.2 Notwithstanding the generality of the foregoing, a person  with Parental Authority may open and maintain an account in  their name for and on behalf of a minor. For purposes of this  agreement, a person with Parental Authority shall include the  birth parents of a minor, legal guardian, school-master or other  person who can demonstrate legitimate authority over the minor’s  affairs.

3.3 You are responsible for ensuring that your registration  details are maintained up to date.

3.4 VTNETWORK may reject your application at its discretion if  any of the account opening requirements are not met.

3.5 VTNETWORK reserves the right to request further information  pertaining to your account at any time failure to which may  result in limitation on usage of the VCASH Service, suspension  or termination of the account.

3.6 You must not maintain more than two VCASH Accounts. If at  the time of commencement of these Terms and Conditions you  maintain more than one VCASH account, VTNETWORK shall reserve  the right to migrate one account to the next tier requiring  enhanced due diligence (including the submission by you of  additional documentation as may be required) and to close any  extra accounts.

3.7 The account remaining on the first tier shall be limited to  such annual Transaction limits as VTNETWORK may in its sole  discretion, determine which, when exhausted, shall render the  account terminated and all excess balances therein moved to the  next tier account.

3.8 Accounts on higher tiers shall have higher annual  Transaction limits as may be determined by VTNETWORK.

3.9 No interest will be paid on any funds held in your VCASH  Account.

3.10 Subject to VTNETWORK LIMITED’S due diligence and vetting,  you may obtain an official statement of your VCASH Account from  any VTNETWORK retail centre for which you may be charged a fee.  An official statement of account shall be conclusive evidence of  the Transactions carried out on your VCASH Account during the  period covered in the statement.

3.11 For the avoidance of doubt VTNETWORK shall not be obliged  to adduce evidence in any civil or criminal court in relation to  the contents of any statement obtained from a retail centre  pursuant to clause 3.10.

4. Privacy Policy:

4.1 VTNETWORK recognizes the importance of protecting the  privacy of all information provided by users of VCASH. This  statement is meant to affirm our utmost respect for your rights  to privacy.

4.2 VTNETWORK collects personally identifiable information that  we use to profile VCASH Users and administer individual VCASH  accounts, update VCASH databases, and provide User support.

4.3. Save as provided hereunder, VTNETWORK does not share your  personal information with unauthorized persons and adequate  safeguards have been put in place to prevent unauthorized access  and to ensure confidentiality of your personal information.

4.4 You acknowledge that by using the VCASH Services, some of  your personal information will be passed on to any person whom  you receive E-Money from, or send E-Money to and will be  available to any third party involved in the operation of the  service including without limitation, VCASH Agents, ATM Switch  providers and merchants.

4.5 You accept that VTNETWORK shall have the right to monitor  your account usage and may disclose personal information to  local law enforcement or investigative agencies or any competent  regulatory or governmental agencies to assist in the prevention,  detection or prosecution of money laundering activities, fraud  or other criminal activities;

4.6 VTNETWORK employees who handle personal information are  under an obligation to treat it confidentially and may not  disclose it to unauthorized third parties. VTNETWORK employees  are also responsible for the internal security of the  information. Employees who violate VTNETWORK LIMITED’S privacy  policies are subject to a range of disciplinary actions.

4.7 Any person submitting any information to VTNETWORK through  the VCASH System may be granted access rights to that  information. VTNETWORK has developed systems that enable access  and correction of information submitted to it.

5. Acceptable Account Usage:

5.1 After your account has been opened and activated, you will  be able to initiate the following Transactions:

5.1.1 load E-Money through a participating Agent outlet or buy  and load a VCASH scratch card
5.1.2 send E-Money to and receive E-Money from other users;
5.1.3 withdraw Cash from your Account through participating  VCASH Agents;
5.1.4 withdraw Cash from your Account through participating ATM  networks;
5.1.5 buy VTNETWORK Prepaid Airtime;
5.1.6 pay utility bills or make one-off or periodic payments or  remittances to participating utility providers, financial  institutions, charity organizations, etc.;

5.1.7 pay for goods purchased from participating “Buy Goods”  merchants;
5.1.8 manage your Account (e.g. check balance inquires, change  PIN, etc.); and any other Transactions as may be introduced by  VTNETWORK or financial institution partners from time to time.

5.2 VTNETWORK does not warrant that all functionalities shall be  available at all times and may withdraw any functionality or the  VCASH Service in general as a direct result of new or amended  legislation, statutory instrument, Government regulations or  policy.

5.3 VTNETWORK may provide additional functionality on the VCASH  menu following integration with financial institutions and other  entities providing you with specified services. Such  functionality may give you limited access to systems of the  financial institutions or other entities. By using such  functionality to gain access to other systems you hereby agree  to indemnify VTNETWORK against and hold VTNETWORK harmless from  any losses arising from your access to such external systems.

5.4 In the event of any review of our business planning,  technical, public interest or operational reasons, changes  within the industry, recommendations from regulatory bodies or  similar events, VTNETWORK may vary these Terms and Conditions or  policies affecting usage and shall notify you of such changes  through appropriate means. Your continued use of the VCASH  Service shall be deemed to be your acceptance of all such varied  terms and conditions or polices.

6. VCASH Access Responsibility

6.1 Access to the VCASH Services is PIN protected. You hereby  agree to guard your PIN and not to disclose it to any third  party including VCASH Outlet Operators, VTNETWORK staff or any  person purporting to have authority to ask for it.

6.2 You acknowledge that you shall be solely responsible for the  security of your PIN and Secret Word. VTNETWORK shall not be  liable for any disclosure of your PIN to any third party and you  hereby agree to hold VTNETWORK harmless from any losses that  result from any PIN disclosure.

6.3 You are responsible for all instructions given to VTNETWORK  in relation to your VCASH Account.

6.4 VTNETWORK shall deem each correct PIN entry as being  performed by the legitimate owner of the VCASH account and shall  regard all subsequent Transactions as validly performed by you.


7. Loading E-Money


7.1 You may load E-Money into your VCASH Account only and not  directly into another VCASH participant’s VCASH Account.

7.2 In order to load E-Money, you must complete the information  requested, including passing the identity and security  validation and verification procedures to ascertain that you are  the owner of the account and then hand over Cash equivalent to  the E-Money sought to be loaded to the VCASH Agent.

7.3 After handing over the Cash to the VCASH Agent, you must  ensure that you sign the Log Book which will serve as conclusive  evidence that you have successfully completed the deposit  Transaction.

7.4 VTNETWORK reserves the right to prescribe Transaction limits  and may allocate some VCASH Accounts with higher or lower  limits.

8. Transferring E-Money

8.1 Transaction limits and charges as prescribed by VTNETWORK  shall apply each time you use the “Send Money”, “Pay Bill”, “Buy  Goods” or other functionalities that effect the transfer of  funds from your VCASH Account.

8.2 Your Transaction request will not be completed:

8.2.1 If you have insufficient funds in your VCASH Account to  complete a Transaction or to cover the charges for a  Transaction;
8.2.2 If you have reached the maximum Account balance limit  prescribed by VTNETWORK;
8.2.3 If you have reached the daily limit prescribed by  VTNETWORK;
8.2.4 If your Account has been temporarily suspended or  permanently frozen on valid grounds;
8.2.5 If there is any other compelling reasons such as temporary  system delay or outage.

8.3 You may send E-Money to any Participant on the VCASH system  as well as any mobile telephone user on any network in Nigeria  by following the instructions on your phone’s VCASH menu.

8.4 You will be charged a fee for any transactions you  undertake. The fee will be in accordance with the published  tariffs. You will be charged a monthly account maintenance fee.  The fee will be in accordance with the published tariffs.

8.5 If the E-Money in your VCASH Account is not sufficient to  carry out your Transaction (including covering the Transaction  cost) request in full, the Transaction will not be completed and  no E-Money will be debited from your VCASH Account.

8.6 Upon the successful completion of your Transaction to  another VCASH Participant, VTNETWORK will immediately cause the  transfer of the E-Money to the other Participant’s VCASH  Account. You and the recipient will both be notified by SMS as  to the completed status of your transaction.

8.7 Where VTNETWORK is unable to complete a transaction, you  will be notified by SMS as to the reasons for not completing the  transaction.

8.8 Each Transaction you undertake will be accompanied by a  unique VTCN number that will appear in the confirmation SMS sent  to you and may include an updated balance of your Account. This  receipt number may be used to track and identify the  Transactions carried out on your Account and the SMS should  therefore not be deleted if reliance on it will be required.

8.9 Upon the successful transmission of E-Money from your  Account to registered recipient’s VCASH account, title to the  E-Money will pass to the recipient.

8.10 Where the recipient is not registered on the VCASH system,  our system will automatically create a temporary holding account  for the recipient using the valid phone number provided by you.  The fund will then be deposited into the temporary account. The  system will notify the recipient of the transaction

8.11 If the recipient does not have a VCASH account, VTNETWORK  will send the recipient an SMS containing a one-time voucher to  enable them cash the value sent to them

8.12 A Transaction once completed is final and irrevocable. As  such, VTNETWORK shall not be under any compulsion to reverse any  Transaction.

8.13 Notwithstanding the import of clause 8.13, VTNETWORK  reserves the right, at its sole discretion, to cancel or reverse  a Transaction if reasonable grounds such as manifest error or  fraud are shown and PROVIDED that the recipient has not redeemed  the E-Money and the reversal claim is made within one (1) month  of the erroneous Transaction date.

8.14 VTNETWORK will not be compelled to refund or compensate the  sender if the E-Money is sent to a recipient mistakenly or in  error or fraudulently or under duress and subsequently redeemed  for Cash or otherwise spent by the recipient of the mistaken,  erroneous or fraudulent Transaction and you hereby agree to hold  VTNETWORK harmless for any losses arising from a mistaken,  erroneous or fraudulent transfer of funds or any transfer of  funds from your account effected under duress or under coercion  or criminal force.

9. Receiving E-Money

9.1 If you are registered on the VCASH system and you receive an  SMS informing you that you have received E-Money from another  VCASH participant or through an international money remittance,  the E-Money shall be loaded to your VCASH Account immediately  and you may redeem the E-Money at any Agent Outlet or  participating ATM networks or transfer the funds to a third  party by following the VCASH menu options on your mobile phone.

9.2 If you receive funds in error you acknowledge that you shall  be obliged to return the funds to the sender failing which  VTNETWORK may reverse the payment to the sender.

9.3 You may be liable to face prosecution for consuming or  utilizing funds sent to you in error.

10. Withdrawal (Redemption) of E-Money

10.1 Agent Outlets: Upon passing the vetting requirements  conducted by an Agent, you may withdraw your E-Money at  participating Agent Outlets by accessing your Account and  following the prompts on your phone’s VCASH menu; however, any  withdrawal Transaction must be initiated and completed within an  Agent’s premises and you must ensure you sign the Log Book which  will serve as conclusive evidence of the successful completion  of the withdrawal Transaction.

10.2 ATM Outlets: You may withdraw your E-Money at participating  ATM network Outlets when such functionality is available at any  time by accessing your VCASH Account using the ATM card provided  to you by VTNETWORK or a third party ATM service provider.

10.3 VTNETWORK shall, subject to Transaction limits on the VCASH  System, process the requests you make immediately after being  satisfied that the person making the redemption has passed all  identity and security validation and verification procedures. In  the event of a dispute over the redemption of the funds, it  shall be sufficient for VTNETWORK to show a logical association  between the Transaction and the verification of identity and/or  security procedures conducted to ascertain identity of the  person entitled to the funds.

10.4 Subject to any other provisions to the contrary, you will  be charged a withdrawal fee each time you withdraw funds from  your VCASH account.

11. Intellectual Property

All intellectual property rights in the VCASH Service including  the VCASH trademark are the property of VTNETWORK and/or its  affiliates. Any unauthorized reproduction, modification,  distribution or republication of VCASH materials or intellectual  property, without the express prior written consent of VTNETWORK  and/or its affiliates is strictly prohibited.

12. Fees

12.1 You are responsible for the payment of all applicable fees.  VTNETWORK publishes fees payable in information pamphlets, daily  newspapers, Agent Outlets and on the VTNETWORK website.  VTNETWORK LIMITED’S Customer Care department will be on hand to  assist you with the fee schedule if you are uncertain about the  applicable fee.

12.2 All fees are deducted at source and are subject to change  at any time at VTNETWORK LIMITED’S sole discretion.

12.3 Fees payable on each Transaction will be deducted from your  VCASH Account at the completion of each Transaction. Your new  balance on completion of the Transaction shall be notified to  you by SMS.

12.4 Except as may otherwise be notified, fees are inclusive of  all applicable taxes including Value Added Tax at the prevailing  rate.

13. Suspension, Termination & Freezing

13.1 VTNETWORK reserves the right at its sole discretion to  suspend or terminate the agreement if you use the VCASH account  for unauthorized purposes.

13.2 VTNETWORK may suspend or terminate your Account if your SIM  has been inactive for a period of ninety (90) days or such other  period as may be prescribed. In the event of account suspension  or termination for reasons of inactive SIM, VTNETWORK shall  archive your Account and recycle your mobile telephone number  associated with your Account as required by law. Money held to  your credit shall not be lost by virtue of archiving your  Account or recycling of your mobile telephone number.

13.3 You acknowledge that VTNETWORK may be compelled by law to  suspend and/or freeze your Account or decline to execute your  Transaction requests if there are reasonable grounds to suspect  that an Account has been or is being or may be used to receive  or send funds in connection with any criminal or fraudulent  activity.

13.4 You may request your Account to be closed at any time by  giving written notice to VTNETWORK LIMITED.

13.5 VTNETWORK may, at its discretion, close your Account at any  time for any reason upon giving one (1) week’s notice to you and  making reasonable attempts to reach you. In such circumstances,  you shall be entitled to the balance of any funds remaining in  your VCASH Account.

13.6 VTNETWORK may send notices to you at any postal address  provided by you or electronically by SMS to your mobile  telephone number with which you registered on the VCASH System.

13.7 This agreement terminates automatically upon the death of  the Customer who has signed up for the VCASH services.

14. Warranties, and Limitation of Liability

14.1 VTNETWORK will report any suspicious account activity to  its Money Laundering Reporting Officer (MLRO). The MLRO may  escalate the suspicious activity to the relevant law enforcement  authority.

14.2 VTNETWORK shall use all reasonable efforts to ensure that  all Transaction requests are processed in a timely manner.  However, VTNETWORK makes no representations or warranties as to  continuous, uninterrupted or secure access to the VCASH service,  which may be affected by factors outside VTNETWORK LIMITED’S  control, or may be subject to periodic testing, repair,  maintenance or upgrades.

14.3 VTNETWORK will not be responsible for any claim unless  caused by willful default attributable to VTNETWORK. VTNETWORK  specifically disclaims all liability for any damages or losses,  including, without limitation, direct, indirect, consequential,  special, incidental or punitive damages deemed or alleged to  have resulted from or caused by but not limited to:

14.3.1 Transactions made to unintended recipients or payments  made in incorrect amounts due to the input of incorrect  information by you;

14.3.2 Transactions made from your account by an unauthorized  third party who passes all identity and verification checks;
14.3.3 Any fraud, deception or misrepresentations by any VCASH  Participant, whether or not the Participant has been verified,
14.3.4 Any damages resulting from a recipient’s decision not to  accept or record a Transaction made by you through the VCASH  system,
14.3.5 Failure of any other telecommunications or data  transmission system other than the VCASH system;
14.3.6 Any result of any acts of government or authority, any  act of God or force majeure.

14.4 The limit of VTNETWORK LIMITED’S liability shall not exceed  the maximum Account balance limit for the time being in force  for any single event or series of events.

14.5 You agree to indemnify and hold VTNETWORK harmless against  any claim brought against VTNETWORK by a third party resulting  from your breach of these Terms and Conditions.

15. Dispute Resolution and Governing Law

15.1 You may contact VTNETWORK Customer Care line provided on  our web site for any disputes, claims or to report Account  discrepancies. VTNETWORK Customer Care shall handle the report  in accordance with VTNETWORK LIMITED’S standard complaint  handling procedures.

15.2 In certain circumstances VTNETWORK in conjunction with  participating merchants may provide for dispute resolution  mechanisms. You agree to abide by such mechanisms as may be  advised by VTNETWORK or the participating merchants/businesses  from time to time.

15.3 Any dispute arising out of or in connection with this  Agreement that is not resolved by VTNETWORK Customer Care may be  brought to the attention of the VTNETWORK Manager responsible  for the operations of the VCASH Services for resolution.

15.4 Any dispute arising out of or in connection with this  Agreement that is not resolved by the VTNETWORK Manager  responsible for the operations of the VCASH Services shall
be referred to arbitration by a single arbitrator to be  appointed by agreement between the parties or in default of such  agreement within 60 days of the notification of a dispute, upon  the application of either party, by the Chairman for the time  being of the Chartered Institute of Arbitration (Nigeria  Chapter). Such arbitration shall be conducted in the English  language in Nigeria in accordance with the Rules of Arbitration  of the said Institute and subject to and in accordance with the  provisions of the Arbitration Act 1995.

15.5 To the extent permissible by Law, the determination of the  Arbitrator shall be final, conclusive and binding upon the  parties hereto.

15.6 Nothing in this section shall be deemed to exclude any  legally recognized dispute resolution body from receiving,  hearing and determining the dispute.

15.7 This Agreement shall be governed by and construed in  accordance with the laws of the Federal Republic of Nigeria.

16. Disclosure & Data Retention

16.1 You hereby expressly consent and authorize VTNETWORK to  disclose any Transaction data or information pertaining to your  VCASH Account to any law enforcement, investigative or  regulatory authority including without limitation the Nigeria  Police, Central Bank of Nigeria, Nigeria Anti-Corruption  Commission, Nigeria Revenue Authority or any competent  Anti-Money Laundering authority for the purposes of any genuine  enquiry or investigation.

16.2 You acknowledge that where your Account is determined by a  competent judicial authority as containing proceeds of any  criminal or money laundering activities, VTNETWORK may be  required by law to surrender funds in your account to any  statutory fund created for the purpose of recovering the  proceeds of crime.

16.3 You acknowledge that VTNETWORK may retain your Transaction  data for a period of up to seven (7) years or as may be required  by any law or regulation.

17. Force Majeure

Neither Party shall be liable to the other Party for any delay  or failure to perform its obligations under these Terms and  Conditions as a result of revolution or other civil disorders;  belligerent aggression by an enemy; strikes; lack of available  resources from persons other than parties to this Agreement;  labor disputes; electrical equipment or system availability  delay or failure; fires; floods; acts of God; government or  regulatory intervention; or, without limiting the foregoing, any  other causes not within its control, and which by the exercise  of reasonable diligence it is unable to prevent, whether of the  class of causes hereinbefore enumerated or not. If such delay or  failure continues for at least thirty (30) days then either  Party may terminate their engagement by notice in writing to the  other. Upon such termination all Cash held in trust for you in  the VCASH System shall be made good to you.


18. General

18.1 Using your personal VCASH account to carry out VCASH  transactions on behalf of another person is prohibited and may  expose you to criminal liability under the Proceeds of Crime &  Anti-Money Laundering Act. You may not use, or permit the use of  your VCASH account to carry out any transactions on behalf of  any other person.

18.2 You acknowledge that these Terms and Conditions are subject  to amendment, modification or variation from time to time if  required by, or found to be in conflict with, applicable law or  regulation or otherwise without affecting the validity or  enforceability of the remaining provisions.

18.3 These Terms and Conditions constitute the entire agreement  between the parties with respect to the subject matter hereof  and supersede and replace any and all prior terms. In the event  of inconsistency between these Terms and Conditions and previous  editions, this version will prevail.

18.4 These Terms and Conditions may be amended by VTNETWORK from  time to time as VTNETWORK introduces new VCASH functionalities.  Such amended Terms and Conditions may be published in posters or  pamphlets available at Agent Outlets, in the daily newspapers  and/or on the VTNETWORK/VCASH website from time to time and  shall take effect immediately upon publication.

18.5 VTNETWORK LIMITED’S failure to exercise or enforce any  right under these Terms and Conditions shall not be deemed to be  a waiver of any such right nor shall it prevent VTNETWORK from  exercising or enforcing the rights in question at any time.

18.6 You may not transfer any rights or obligations you may have  under this Agreement without VTNETWORK LIMITED’S prior written  consent.

18.7 You must not use the VCASH service for the receipt of or  payment for goods or services that offend or circumvent any law  including without limitation, narcotic drugs, firearms, obscene  or pornographic material or services, participation in pyramid  or ponzi schemes, infringement of third party intellectual  rights, illegal gambling, as well as material that is morally  repugnant; incites violence or desires to cause harm; induces an  unacceptable sense of fear or anxiety; encourages or incites any  person to engage in dangerous practices or to use harmful  substances; induces or promotes tribal, religious or racial  disharmony; causes grave or widespread offence; or debases,  degrades or demeans others.

18.8 Where VTNETWORK receives notification of the death or  mental incapacity of a VCASH user, VTNETWORK shall suspend all  Account activity until satisfied that the relevant provisions of  the Succession Act or the Mental Health Act (as the case may be)  have been followed.

18.9 Notwithstanding the generality of the foregoing, VTNETWORK  may provide means for the nomination of your next of kin to whom  all E-Money held to your credit will be transmitted upon your  death or mental incapacity.

18.10 A person claiming access to funds by virtue of being the  administrator/executor of the estate of the deceased or the  manager of the estate of a mentally incapacitated person shall,  upon request by VTNETWORK, produce letters of  administration/grant of probate (in the event of death) or a  court order authorizing the person to manage the estate of the  deceased or incapacitated VCASH User or such other document as  may be prescribed by VTNETWORK.

18.11 If you elect to nominate a next of Kin, or the Courts  appoint an administrator/executor, VTNETWORK shall rely on such  nomination or appointment of an administrator/executor to  transmit funds held to the credit of your account to the next of  kin upon the event of your death or permanent incapacity.

18.12 You acknowledge that VCASH Agents are independent  contractors and merchants are independent businesses. VTNETWORK  shall not be liable for the acts or omissions of VCASH Agents.
 
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