Terms & Conditions
Eyenza e-Wallet Terms & Conditions
ALTECH EYENZA MOBILE MONEY (PTY) LTD
TERMS AND CONDITIONS OF USE OF THE EYENZA E-WALLET SERVICES

1. General:
These terms and conditions which govern the use of the Eyenza e-Wallet Services provided by Altech Eyenza Mobile Money (PTY) LTD to a member ("Terms and Conditions").
By using or accessing the Eyenza e-Wallet Services, You agree that You are familiar with these Terms and Conditions and that You are bound by them.
These Terms and Conditions are available on www.eyenza.com or You may call the Eyenza e-Wallet National Customer Care Centre on 021 2000 453 to access these Terms and Conditions.
Please read these Terms and Conditions carefully before completing the registration process for the Eyenza e-Wallet Services.
If you do not agree to any or all of the Terms and Conditions you must not access or use the Eyenza e-Wallet Services.
In these Terms and Conditions unless a contrary intention clearly appears words importing any one gender include the other two genders.
2. Definitions:
The following definitions relate to these Terms and Conditions:
2.1. “Account” means Your account with Altech Eyenza Mobile Money which is the record kept by Altech Eyenza Mobile Money of the amount of Mobile Money held by You for purposes of using the Eyenza e-Wallet Services;
2.2. "ACS " means Altech Card Solutions, a division of Altech Information Technologies (Proprietary) Limited (Registration Number: 1987/006412/07),
2.3. “Altech Eyenza Mobile Money” (Proprietary) Limited (Registration Number: 2010/007149/07: a reference to “We” or “Us” or “Our” shall have a corresponding meaning;
2.4. "Pin-Protected Auto Screen Saver" means the functionality offered on most mobile handsets whereby, after a predetermined period of no-use, the screen dims and inputs cannot be effected via the keypad until the keypad and/or touch screen is un-locked via a process including the requirement to enter a pin;
2.5. “Affiliates” means a person or entity that has entered into a contract with Altech Eyenza Mobile Money allowing them to register Customers on the Eyenza e-Wallet system and thus allowing them access to the Eyenza e-Wallet Services and other products and services that the Affiliate may offer its Customers from time to time;
2.6. “Customer” means You and/or every other person in whose name an Account for the Eyenza e-Wallet Service is registered, and a reference to “You” or “Your” shall have a corresponding meaning;
2.7. “Customer Care Centre” means the National Eyenza e-Wallet Customer Care Centre, contactable at 021 2000 453 or such other number as will be made available on www.eyenza.com from time to time. Calls to the Customer Call Centre will be charged at regular cell phone rates or fixed line rates;
2.8. “Designated Person” means any person (including, but not limited to, Yourself or another Customer) who is chosen by You through the Eyenza e-Wallet Service to receive the Product Vouchers paid for from Your Account;
2.9. “Eyenza e-Wallet Service” means the Eyenza e-Wallet Solution owned by Altech and operated by Altech Eyenza Mobile Money;
2.10. “Eyenza Bank Account” means the following bank account maintained by ACS or such other bank account as may be notified by to the Customer in writing from time to time, into which bank account all deposits are made by the Customer:
Account Name: EYENZA
Bank Name: ABSA Bank Limited
Account No.: 4078687127
Branch Code: 632005
Reference: [Your Mobile Phone Number plus Single Check Digit];
2.11. “Eyenza Utility/ies” means a person or entity that sells Goods and Services through the Eyenza e-Wallet Service to Customers;
2.12. “Eyenza e-Wallet Service/s” means the services provided by Altech Eyenza Mobile Money for the sale, issue and redemption of Product Vouchers and the transfer of Product Vouchers between Customers and/or Designated Persons and includes the recording of all Transactions, verifying and confirming all Transactions concluded and updating the Customer’s Account records;
2.13. “Fees and Charges” means actual charges and/or costs payable by the Customer and/or deductible from the Customer’s Account for the use of the Eyenza e-Wallet Service as set out in the Fees and Charges Guide which is published by Altech Eyenza Mobile Money on www.eyenza.com and available from 021 2000 453 and which may be amended by Altech Eyenza Mobile Money from time to time in its sole and absolute discretion;
2.14. “Goods and Services” means such goods and services as may be purchased by the Customer from Eyenza Utilities using the Eyenza e-Wallet Service from time to time;
2.15. "Loss" shall have the meaning given to it in clause 7.1;
2.16. “Mobile Equipment” means Your Mobile Phone and/or SIM Card and/or such other equipment which, when used together, allows You access to the Eyenza e-Wallet Service and, in each such case, is approved for use within the Republic of South Africa by the relevant authority;
2.17. “Mobile Money” shall have the meaning given to it in clause 5.1;
2.18. “Mobile Phone” means Your mobile phone handset;
2.19. “Mobile Phone Number” means the mobile telephone number which You used to register Your Account in the Registration Form or by other means of registration, and for purposes of which Altech Eyenza Mobile Money will send You Transaction notifications and Account balances by SMS from time to time;
2.20. “Networks” mean the Global System for Mobile telecommunication systems operated by Network Service Providers and covering those areas within the Republic of South Africa as stipulated from time to time by the Network Service Providers;
2.21. “Network Service Provider” means a provider of mobile phone services;
2.22. “Password” means the secret password or code allocated to you by Altech Eyenza Mobile Money on Your registration for the Eyenza e-Wallet Services and delivered to you by SMS;
2.23. "Parties" means Altech Eyenza Mobile Money and the Customer (including You);
2.24. “Payments” means money paid out of Your Eyenza e-Wallet Account to an Eyenza Utilities Eyenza e-Wallet Account for the purchase of Product Vouchers or Goods and Services from time to time;
2.25. “Product Voucher/s” means, in relation to the Goods and Services provided by Altech Eyenza Mobile Money on behalf of the Eyenza Utilities from time to time, as the context requires:
2.25.1. a digital or physical sequence of digits that represents a volume of electrical power that can be used at a specific address (generated by using a set of keys and algorithm issued by a local, regional or national electricity distributor); or
2.25.2. a digital or physical sequence of digits that represents units of time that can be loaded onto a communication account such as a mobile or fixed line telephone issued by the operator of a communication network; or
2.25.3. any other digital or physical sequence of digits or voucher for any product offering that may form part of the Goods and Services offered by Altech Eyenza Mobile Money or which may form part of additional products and services offered by an Affiliate through the Eyenza e-Wallet Service;
2.26. “PIN” means Your personal identification number being the secret code You choose to use to access and operate Your Account or Your PIN-Protected Auto Screen Saver;
2.27. “Registration Form” means the registration form that was completed by You, either in paper form, or electronically (including electronic forms that may have been made available on a touch-screen device and / or on www.eyenza.com or on an Affiliate’s website, for purposes of registering for the Eyenza e-Wallet Service, containing Your registration details, including but not limited to Your full name, Your identification number, Your physical address, Your date of birth, Your Mobile Phone Number and which may be amended by You if you update Your registration details with Altech Eyenza Mobile Money;
2.28. “SIM Card” means the subscriber identity module which when used with the appropriate Mobile Equipment enables You to use the Eyenza e-Wallet Services;
2.29. “SMS” means a short message service consisting of a text message transmitted from one Mobile Phone to another;
2.30. “Transaction” shall have the meaning given to it in clause 5.
3. Registration for the Eyenza e-Wallet Service and Your Account
3.1. You undertake in favour of Us that all information provided by You to Us or the Affiliate, as the case may be, whether through www.eyenza.com or otherwise, is complete and accurate in all respects.
3.2. We hereby reserve the right to decline Your application to register You as an Altech Eyenza Mobile Money Customer at Our sole and absolute discretion.
3.3. Upon registration with Altech Eyenza Mobile Money, You will be given a Password which must be kept secret at all times and which will be used by Altech Eyenza Mobile Money or Your Affiliate, as the case may be, to identify You as being the rightful Customer of Your Account. You will also be provided with Your deposit reference number comprising Your 10 digit Mobile Phone Number plus an extra 11th digit for each and every deposit made into Your Account. Upon Us notifying You by SMS that Your Account has been successfully activated, You will be entitled to use the Eyenza e-Wallet Service with immediate effect.
3.4. You must notify Us immediately of any change to Your details in Your Registration Form by contacting the Customer Care Centre or amending Your details on www.eyenza.com or Your Affiliate’s website, as the case may be.
3.5. You undertake that you will comply with any and all instructions that We may give You from time to time in relation to the Eyenza e-Wallet Service.
4. Fees and Charges and interest
4.1. You acknowledge and agree that You will be liable to pay the applicable Fees and Charges to Us for Your use of the Eyenza e-Wallet Services and you authorise Us to deduct such Fees and Charges directly from Your Account from time to time with 1 (one) month’s notice to You.
4.2. You hereby acknowledge and agree that –
4.2.1. the Fees and Charges may be amended by Us from time to time in our sole and absolute discretion, without notice to You; and
4.2.2. the Fees and Charges payable on each Transaction will be deducted by Altech Eyenza Mobile Money from the Mobile Money in Your Account on the conclusion of each Transaction and You will be notified of Your new balance in Your Account by SMS to Your Mobile Phone Number. You could also phone 021 2000 453 for Your new balance.
4.3. You hereby acknowledge and agree that –
4.3.1. although amounts paid by You or any other person into Your Account are held by Us on Your behalf, You shall not be entitled to any interest that may accrue on such amounts. The interest shall accrue for Our sole benefit; and
4.3.2. once any amount has been paid into Your Account, you shall not be entitled to withdraw such amount, or any part of such amount and such amount may only be used by You for purposes of the Eyenza e-Wallet Services.
5. Transactions
5.1. To load money onto Your Account for purposes of using the Eyenza e-Wallet Services (“Mobile Money”) You can, by using Your 10 digit Mobile Phone Number plus the extra 11th digit provided to You at time of registration as a reference –
5.1.1. make a deposit into the Eyenza Bank Account; or
5.1.2. do an electronic funds transfer into the Eyenza Bank Account; or
5.1.3. have a Debit Order set up by completing the Debit Order Form on www.eyenza.com, or Your Affiliate’s website, as the case may be, or Your Mobile Phone or as made available to you by Us or Your Affiliate; or
5.1.4. such other means as may be implemented by Us from time to time.
5.2. We will send you an SMS to let you know once the Mobile Money has been loaded onto Your Account and is available for the purchase by You of Product Vouchers for Yourself and/or Designated Persons (“Transaction/s”). You acknowledge and agree that certain Fees and Charges will have been deducted from the Mobile Money in Your Account as soon as it has been loaded.
5.3. Once you have loaded the Mobile Money onto Your Account, You will be able to conclude Transactions from Your Account.
5.4. We will record every Transaction by SMS to Your Mobile Phone Number together with an updated balance of Your Account and a unique transaction identification number. This transaction identification number is used to track and identify all Transactions carried out on Your Account. Altech Eyenza Mobile Money’s records of Your Transactions will be taken as true and correct unless the contrary is proved.
5.5. You acknowledge and agree that We shall not be required to reverse, charge-back or make any reimbursement of any Transaction for any reason whatsoever or howsoever arising.
6. Third party dependence
You hereby acknowledge and agree that:
6.1. We are dependent upon various third-party service providers, including the Eyenza Utilities, in providing the Eyenza e-Wallet Services.
6.2. We shall use reasonable effort to manage the interface with those third-party service providers, including the Eyenza Utilities, as far as it relates to the provision of Eyenza e-Wallet Services;
6.3. We shall not be held liable for any actions or omissions any third service provider in relation to or in connection with the Eyenza e-Wallet Services.
7. Notification in relation to Loss
You acknowledge and agree that in the event of damage to, loss and/or theft of Your Mobile Equipment and/or in the event that Your PIN and/or Password are no longer secure (“Loss”), You will immediately notify –
7.1. Your Network Service Provider, in the event of a Loss of you Mobile Equipment; and
7.2. Us by contacting Our National Customer Care Centre on 021 2000 453,
of such Loss.
You acknowledge and agree that You are responsible for any and all costs and/or Fees and Charges arising from, pursuant to or in connection with the Eyenza e-Wallet Services up to the date and time of receipt by Us of Your notification of the Loss, and You hereby indemnify Us against any and all claims of any nature whatsoever or howsoever arising in relation to the Loss, and in particular in respect of any Transactions with Your Mobile Equipment prior to Us receiving notification of the Loss.
8. Security and unauthorised use
You hereby acknowledge and agree that -
8.1. Only one PIN can be linked to Your Account at any one time;
8.2. Only You may use Your Mobile Phone and PIN;
8.3. You are responsible for the safekeeping and proper use of Your Mobile Equipment, for keeping Your PIN and Password private and secure and for all Transactions that take place on Your Account;
8.4. We recommend that You set up Your Mobile Phone with a Pin-Protected Auto Screen Saver which shall activate after at least 1 (one) minute of non-use and shall require a separate PIN to unlock the Mobile Phone's keypad and / or touch screen, as the case may be.
9. Suspension and/or disconnection of the Eyenza e-Wallet Services and/or closure of the Account
You hereby acknowledge and agree that We may suspend, bar, restrict and/or terminate the Eyenza e-Wallet Service, in whole or in part, and/or close Your Account without informing You under the following circumstances:
9.1. if We are aware and/or have reason to believe that Your Mobile Equipment and/or Your PIN are being used in relation to the Eyenza e-Wallet Service, in an unauthorised, unlawful, improper and/or fraudulent manner and/or for criminal activities (or have been so used previously);
9.2. if You do not comply with any of the terms and conditions arising from, pursuant to or in connection with the Eyenza e-Wallet Service, including these Terms and Conditions;
9.3. if You notify Us of a Loss as set out in clause 7 above;
9.4. if You do anything and/or allow anything to be done with Your Mobile Equipment which We consider may damage and/or affect the operation and/or security of the Eyenza e-Wallet Service;
9.5. where We close Your Account upon receipt of Your request to do so.
10. Representations, warranties and liability
10.1. In the event that Your Mobile Network Provider is obliged to change or reassign Your telecommunications numbering to meet regulatory requirements or for any other reason, Our liability will be limited to retaining Your Account and where possible, transferring Your Account to a new Mobile Phone Number.
10.2. Save as specifically contained in these Terms and Conditions, We do not give any representations or warranties of any nature whatsoever or howsoever arising (including, without limitation, in relation to the Eyenza e-Wallet Services and/or any associated services used for purposes of the Eyenza e-Wallet Services, the Network, any of the Product Vouchers and/or third-party service providers), whether express or tacit or implied by law, contract or otherwise, and whether or not they induced the entry into these Terms and Conditions.
10.3. Subject to any law, You hereby acknowledge and agree that We shall not, by any means, manner or form whatsoever and howsoever arising, be liable to You and/or Your agents, employees, users, suppliers and/or customers, to the extent applicable, for any direct, indirect, general, special and/or consequential loss (including, but without being limited to loss of use, loss of goodwill, work stoppage, computer or system failure or malfunction, loss of data, damage to reputation, loss of revenue or loss of profit) sustained or incurred for any reason whatsoever arising from, pursuant to, or in connection with, the Eyenza e-Wallet Services and/or the Product Vouchers and/or Your Account (including the suspension thereof as contemplated herein) and/or the Networks and/or for any other reason whatsoever in terms of these Terms and Conditions.
11. Force Majeure (a circumstance beyond the control of the Parties)
You hereby acknowledge and agree that if We are prevented from carrying out any of Our obligations in terms of these Terms and Conditions and/or in relation to the Eyenza e-Wallet Services as a result of an act of God, including but not limited to strikes, fire, riot, war (whether declared or not) embargoes, export control, national restrictions, any order of any international authority, any court order, any requirements of any authority or other competent local authority, or any other circumstances whatsoever which are not within Our reasonable control, We will be deemed to have been released from Our obligations to perform under these Terms and Conditions and/or in relation to the Eyenza e-Wallet Services to the extent that and for so long as We are so prevented from performing under these Terms and Conditions and/or in relation to the Eyenza e-Wallet Services, and these Terms and Conditions and the Eyenza e-Wallet Services will be deemed to have been suspended to such extent and for the period concerned.

12. Statements
You hereby acknowledge and agree that –
12.1. You may obtain a balance enquiry from Your Mobile Equipment;
12.2. You may query any Transactions You may have made using Your Mobile Equipment and Password by contacting the National Customer Call Centre;
12.3. printed statements of Your Account will not be provided to You; and
12.4. We will close Your Account on receiving a request from You.
13. Confidentiality and disclosure of personal information
13.1. You hereby acknowledge and agree that all intellectual property associated with the Eyenza e-Wallet Services belongs to Us. Any other information obtained by You arising from, pursuant to, or in connection with, Your use of the Eyenza e-Wallet Service is confidential information of Ours.
13.2. You hereby acknowledge and agree that the confidentiality of Your communications with Us and/or the Affiliate, whether by way of telephone, SMS or otherwise, are not guaranteed, and that for reasons beyond Our or Your Affiliate’s control there is a risk that Your communications may be unlawfully intercepted or accessed by unintended recipients. You furthermore agree that the information provided by You on the Registration Form from time to time, including Your personal information, Your conversations with Our Customer Care Centre and Your Transactions will be recorded and stored by Us for recordkeeping purposes for 5 (five) years from date of closure of Your Account.
13.3. Your calls, emails or SMS’s may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorised use of Our telecommunications system and/or detection and prevention of crime.
13.4. You accept that We may disclose or receive personal information and/or documentation about You:
13.4.1. to and from any local and international law enforcement, competent regulatory and/or governmental agencies to assist in the prevention, detection and/or prosecution of criminal activities or fraud and/or otherwise;
13.4.2. to and from Our service providers, dealers, agents and/or any other company that may be or become Our subsidiary company, parent company and/or partner; and
13.4.3. to Our lawyers and/or auditors from time to time, and/or to an applicable court of law in relation to any legal and/or auditing proceedings (notwithstanding that any such proceedings may be of a public nature).
14. Notices
14.1. We are entitled to –
14.1.1. send information to You by means of SMS to Your Mobile Phone Number which shall be for information purposes only; and/or
14.1.2. send or deliver any legal notice to the physical address provided on Your Registration Form.
14.2. You should send or deliver any legal notices to Our physical address stipulated from time to time on www.eyenza.com or as provided by the Call Centre.
14.3. Physical delivery of notices in terms of these Terms and Conditions shall be deemed to have been received by relevant party on the first business day following delivery.
15. Variations
15.1. We reserve the right to vary (change) at any time and without prior notice to You these Terms and Conditions or the Fees and Charges. Any such variations shall be notified to You by way of SMS, or through www.eyenza.com and or by using any other suitable means provided that You shall be deemed to have been notified of any such variations regardless that the same may not have actually come to Your attention for whatsoever reason.
15.2. By continuing to use the Eyenza e-Wallet Services You shall be deemed to have agreed to the variations contemplated in clause 15.1. If You do not accept any of the variations then You must not continue to conclude any Transactions or otherwise use the Eyenza e-Wallet Services, failing with You will be deemed to have accepted such variations.
16. Jurisdiction and arbitration
16.1. These Terms and Conditions shall, for all intents and purposes, be governed by the laws of the Republic of South Africa.
16.2. A dispute which arises between the Parties in connection with -
16.2.1. the formation, existence, interpretation or implementation of;
16.2.2. the Parties' respective rights and obligations in terms of or arising out of, or the breach or termination of;
16.2.3. the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of; or
16.2.4. any documents furnished by the Parties pursuant to the provisions of,
these Terms and Conditions, or which relates in any way to any matter affecting the interests of the Parties in terms of these Terms and Conditions, that dispute shall be referred to and be determined by arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa or any successor thereto ("AFSA") by a single arbitrator, to be appointed by agreement between the Parties. Should the Parties fail to agree in writing on an arbitrator within 14 (fourteen) days after the giving of notice in terms hereof, the arbitrator shall be appointed at the request of either of the Parties to the dispute in terms of the Rules of AFSA. Such arbitration shall be conducted in Johannesburg.
16.3. To the extent permissible by law, the determination of the Arbitrator shall be final, conclusive and binding upon the Parties to these Terms and Conditions.
17. General
17.1. These Terms and Conditions constitute the whole agreement between You and Us and supersede or replace any other discussions, agreements and/or understandings regarding the subject matter of these Terms and Conditions. Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in these Terms and Conditions, whether it induced the contract and/or whether negligent or not.
17.2. You hereby warrant that You are duly authorised to bind Yourself to these Terms and Conditions.
17.3. Each Party hereby acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of these Terms and Conditions and that it has either taken such independent legal advice or dispensed with the necessity of doing so. Furthermore, each party acknowledges that all of the provisions of these Terms and Conditions and the restrictions contained in these Terms and Conditions are fair and reasonable in all the circumstances and form the intentions of the Parties.
17.4. You may not cede, assign, transfer or delegate any of Your rights and/or obligations under these Terms and Conditions. However, We shall be entitled to cede, assign, transfer and/or delegate any or all of Our obligations and/or rights under these Terms and Conditions at any time to any company forming part of the group of Allied Technologies Limited.
17.5. No failure or delay by either Us or Your Affiliate in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of these Terms and Conditions, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise of such right or remedy or the exercise of any other right or remedy.
17.6. The rule of construction that an agreement shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply to these Terms and Conditions.
17.7. In the event of one or more of the provisions of these Terms and Conditions being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of these Terms and Conditions, and these Terms and Conditions shall be interpreted as if such invalid, illegal or unenforceable provision was not part of these Terms and Conditions and these Terms and Conditions shall be carried out as nearly as possible in accordance with its original terms and intent.