- Please read and accept these Terms and Conditions before you access the USSD Services.
- By accessing the USSD Services on your Mobile Device, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound thereby. By agreeing to these Terms and Conditions you represent and warrant that you are at least the age of majority in Ghana and are legally capable of entering into a binding contract.
- If you do not agree with any of these Terms and Conditions you may not use nor access the USSD Services.
- These Terms and Conditions shall be in addition to and not in derogation of the terms and conditions relating to any Account you may have with Izwe and/or the respective product or service provided by Izwe.
- Izwe shall at any time be entitled to amend, supplement or vary any of these Terms and Conditions, at its absolute discretion and such amendment, supplement or variation shall be binding on you. An updated version of the Terms and Conditions shall be made available on Izwe’s website (www.izweghana.com) and/or any other medium that Izwe may choose from time to time. On publication of an updated version of these Terms and Conditions on Izwe’s website and/or any other medium, you shall be deemed to have read same and consented to all changes to the Terms and Conditions.
- Without limiting 1.5 above, in the event that you do not accept any material changes made by Izwe to these Terms and Conditions, you must immediately discontinue using the USSD Services and deactivate your User Profile by visiting an Izwe branch or contacting the Izwe Customer Care Contact Centre on 0302 208222 within seven days of publication of the updated version of the Terms and Conditions. If you do not notify Izwe of your intention to deactivate your User Profile within the seven day period, you will be deemed to have accepted the amended Terms and Conditions.
- “Account” means a User’s account maintained with Izwe which is eligible for operation through the use of USSD Services;
- “Izwe” means Izwe Savings and Loans PLC, a public limited liability company incorporated under the laws of the Republic of Ghana with its registered office at Maestro Plaza, Kotobabi Main Road, Accra;
- “KYC” means Know Your Customer, here the User’s bio data is to be provided to Izwe as mandated by law;
- “Mobile Device” means a smart phone, tablet and/or other mobile device which would enable the User to gain access to the USSD Services;
- “Mobile Money” means the financial services product offered by telecommunication companies being a transactional banking wallet;
- “mPIN” refers to the mobile personal identification number which the User shall use to login to the USSD Services menu and to authorize transactions;
- “Terms and Conditions” means these terms and conditions forming the contract between the User and Izwe in respect of the USSD Services;
- “User/s” / “you” refers to a customer of Izwe registered and authorized to use the USSD Services;
- “User Profile” refers to the User’s profile on the USSD Services;
- “USSD Services” is a service which Izwe provides to Users through the use of the USSD Short Code via a Mobile Device;
- “USSD Short Code” means the short code *887*55#.
Any customer of Izwe having an Account and a Mobile Device number registered with Izwe and who is also a current subscriber of a telecommunication provider that issues mobile numbers and SIMs to subscribers in Ghana is eligible to access the USSD Services subject to these Terms and Conditions.
4. REGISTRATION AND USE
- In order to register to use USSD Services, the User is required to set up a User Profile by completing the registration process via the USSD Short Code on their Mobile Device.
- The User will only be entitled to transact for purposes of the USSD Services from their Mobile Device number used to create and register the User Profile.
- The User will be required to create a unique transaction mPIN which will be used for purposes of USSD Services transactions. The mPIN is to be kept confidential by the User at all times and is not to be disclosed to any other person.
- Following the completion of the registration process on the User’s Mobile Device via the USSD Short Code the User will be required to visit an Izwe branch to complete the KYC verification process by submitting the required documentation to Izwe. The User Profile will not be activated until the KYC verification has been completed.
- Izwe shall have absolute discretion to reject any User’s application for USSD Services without assigning any reason therefor.
5. FEES AND CHARGES
- Izwe reserves the right to charge fees in respect of the USSD Services at its absolute discretion and Users will be notified of such fees from time to time.
- The User authorizes Izwe to set-off any applicable fees or charges from any of his/her Account(s) with Izwe.
- The User acknowledges that his/her mobile network operator (cellphone service provider) or internet service provider may charge him/her for accessing and using the USSD Services via a mobile network or Wi-Fi connection, and that he/she shall be solely responsible for such charges.
6. USSD SERVICES TRANSACTING
- Users can perform the following transactions using the USSD Services:
- view products and services offered by Izwe;
- apply for a loan;
- open an Account;
- give Izwe payment and other instructions on an Account;
- give Izwe loan repayment instructions to settle any arrears on loans;
- make deposits to and withdrawals from Accounts via the User’s Mobile Money account.
- Izwe reserves the right to determine the type of services which Users may be offered on each Account and to set monetary limits on transactions via the USSD Services. Izwe may also make additions/deletions to the USSD Services functionalities at its sole discretion.
- The User shall only be entitled to perform transactions through USSD Services using the Mobile Device number and mPIN used to create and register the User Profile. The User hereby grants unconditional and irrevocable standing authority to Izwe to carry out the transactions performed by the User through USSD Services.
- The User agrees that access to USSD Services is through the User’s Mobile Device and number registered with Izwe and any transaction, which originates from same, whether initiated by the User or not shall be deemed to have originated from the User. Izwe shall have no obligation to verify the authenticity of any transaction/instruction received from the User through USSD Services or purporting to have been sent by the User via USSD Services.
- The User shall not perform any transactions through the USSD Services unless sufficient funds are available in the User‘s Account(s). The User agrees that Izwe is under no obligation to effect any payment instructions of the User unless there are sufficient funds to meet such instructions together with other fees and charges.
- The User agrees that his/her requests/instructions warranting authorization by an officer/s of Izwe may not be effected immediately or automatically and that Izwe reserves the right to allow or disallow such requests/instructions at its sole discretion with or without notice to the User.
7. USER’S RESPONSIBILITIES
- The User may not let any other person have access to his/her Mobile Device or leave the Mobile Device unattended. Any unauthorized use of the User’s Mobile Device number shall be the sole responsibility of the User, and the User hereby absolves Izwe of all and any liability and responsibility in this regard. The User understands that in the event of loss or misplacement of the Mobile Device, it can be misused to carry out USSD Services transactions and the User hereby indemnifies Izwe for any such misuse and the User shall not hold Izwe responsible for any loss that User may suffer in these circumstances.
- The User shall inform Izwe of any unauthorized transaction effected through the USSD Services immediately upon becoming aware of such transaction.
- The User is solely responsible for any compromise of his/her mPIN and its consequences and Izwe will not be held responsible in whatsoever manner for any financial and/or non-financial losses that occurs or is likely to occur because of the compromise of the User’s mPIN.
- The User is advised to change his/her mPIN from time to time or if he/she suspects that the mPIN has been compromised.
- The User shall inform Izwe immediately upon the User suspecting that his/her mPIN has been compromised or accessed by another person.
8. LIMITATION OF LIABILITY AND INDEMNITY
- Izwe will take reasonable and practically possible steps to ensure that its systems in connection with the USSD Services have adequate security designs and controls to manage the risks in operating the system taking into account any law, rules, regulations, guidelines and prevailing market practices that may be applicable to Izwe from time to time.
- Izwe shall under no circumstances, be held liable by the User if access to the USSD Services is not available in the desired manner for any reason whatsoever. Izwe shall have no liability in the event that the USSD Services are not available due to any reason beyond the control of Izwe, including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, software or hardware error.
- The User indemnifies and holds Izwe harmless against any and all liability suffered or incurred (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses, including attorney’s fees and expenses) by Izwe, its customers or a third party, directors, nominees or any claim or action brought by a third party which is in any way the result of the USSD Services transactions done or deemed to be done by the User.
9. WITHDRAWAL OF USSD SERVICES
- Izwe reserves the rights to withdraw the USSD Services any time with prior notice of the same to Users.
- In the event that a User closes all his/her Accounts with Izwe the User’s access to the USSD Services will automatically terminate.
- Similarly, Izwe may suspend or terminate the USSD Services without prior notice in the event that a User breaches these Terms and Conditions, Izwe notices errors, omissions or fraudulent transactions related to a User Profile, or is ordered to do so by a court of competent jurisdiction.
Izwe may give notices under these Terms and Conditions, in writing by email, hand-delivery or by post to the last address provided by Users. In addition, Izwe may publish notices of general nature, which are applicable to all Users of USSD Services on its website and such notices will have the same effect as a notice served individually to the User.
11. GENERAL PROVISIONS
- Failure of Izwe to insist upon the performance of any term or condition herein, or to exercise any rights herein, will not be construed as a waiver or relinquishment of the future performance of any such term or condition, or the future exercise of any such right, and the obligations of the User with respect to such future performance will continue in full force and effect.
- If any of the provisions of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.
12. GOVERNING LAW AND DISPUTE RESOLUTION
- The USSD Services and these Terms and Conditions shall be governed by and construed in accordance with the Laws of Ghana.
- The parties shall act in good faith to amicably settle any dispute arising out of or in connection with the USSD Services including without limitation, any dispute as to the existence, scope, interpretation, validity, default or enforceability of these Terms and Conditions.
- Any dispute which cannot be settled between the parties shall be submitted to a single arbitrator and decided by arbitration in terms of the Alternative Dispute Resolution Act 2010 (Act 798) of the Laws of Ghana, which arbitration shall be conducted at the Ghana Arbitration Centre, Accra, Ghana and the language of the arbitration shall be in English.
- The above provisions shall not prohibit or restrict any party from applying for any urgent or mandatory relief from any court or competent jurisdiction.
13. USSD SERVICES DEACTIVATION AND CONTACT
- If you wish to disable the USSD Services, please visit an Izwe branch or contact the Izwe Customer Care Contact Centre on 0302 208222 to deactivate your User Profile.
- If you have any questions or would like more information about the USSD Services and/or any Izwe products and services, please visit www.izweghana.com or contact the Customer Care Contact Centre on 0302 208222.