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The Scope of Use

1.1 The Terms and Conditions only govern the legal relationship between you and the Bevura Wallet Services. These Terms and Conditions do not apply to your use of unaffiliated sites, product or services to which Bevura may include links or access to third party services. Such access will not be construed as an endorsement, sponsorship, or affiliation. 1.2 You agree that you will use the Wallet Service in accordance with applicable law and will not use it for any illegal or fraudulent purposes, or purposes that are prohibited by these Terms and Conditions. Bevura has the right to take preventive or corrective actions to protect itself and its users. You are prohibited from using the Wallet Service in respect of the following: (a) For fraudulent purposes, or with an intention to commit criminal offence or other unlawful, indecent or immoral activity; (b) Person under the age of 18 years (“Minor”) may not use the Wallet Service unless their parent or legal guardian has reviewed and agreed to these T&C. If you are a parent or guardian permitting a Minor to use this Wallet Service, you agree to: - exercise supervision over the Minor’s use of the Wallet Service; - assume all risks associated with the Minor’s use of the Wallet Service; - assume all liabilities resulting from the Minor’s use of the Wallet Service, including applicable payment obligation; - ensure the accuracy and truthfulness of all information submitted by the Minor.

Eligibility

To use the services, you must create an account and register for a Bevura Wallet. You shall provide us with the required information for identification, in order for us to assess your eligibility for the Wallet Account. You must provide current, complete and accurate information and maintain it as current and accurate during your registration for and use of the Services. You shall inform Bevura immediately of any changes or alterations required to the information that you had provided upon registering. You can access and update much of the information you had provided us.

services

The App is only available on a Mobile Device and is strictly for user own personal use only as subscriber of the Service. Any instructions, confirmation and/or communication sent from your Mobile Device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmation and/or communication were actually sent by you or not. You shall be personally liable and responsible for the use of your account including but not limited to all transactions undertaken and/or transacted using the Account, once the said transaction has been Authenticated irrespective of whether the transaction is undertaken and/or transacted by you unless it can be established that such transaction was erroneously transacted by Bevura. The Services made available to you via the App may perform the following: (a) Payment; (b) Top Up; (c) Withdrawal Bevura is neither a bank nor an interest-bearing account. Your funds with Bevura will neither accumulate interest nor any other earnings. We take reasonable care to maintain a separate Trustee Account and ensure the security of and prevent unauthorized access to the Wallet Services using technology reasonably available to Bevura.

Participating Merchants

The Services may also allow you to purchase products and/or services from third parties including the Participating Merchants. Any transaction entered into between you and such third parties for third party product and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that Bevura shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. Bevura shall not be responsible for the refusal of any merchant to honor or accept your purchases or payment made through the Service. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such third parties. 2. Wallet Account Usage and Maintenance 2.1 To activate the Wallet Account You would need to have download our mobile application on Playstore and/or Applestore, register and activate the Wallet Account or other designated channels as may be determined by Bevura from time to time. By activation of the Account, you authorize the deduction of Electronic Money and/or funds from your Account and the deposit of Electronic Money and/or funds into your Account to carry out the relevant transactions. The acceptance and continuance of the Account will be entirely at the discretion of Bevura. Bevura reserves the right to reject and decline any application at Bevura’s sole and absolute discretion or if Bevura’s records show that You have been blacklisted by of Zambia or any of your account(s) has been monitored due to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or has been blocked, cancelled or terminated by Bevura provided always that Bevura shall have no obligation to provide to you the reason or evidence or grounds in declining your application. Whilst the application is open to all individual customers, Bevura reserve the right to reject any application and/or to decline to open an Account at Bevura’s sole and absolute discretion with reasons assigned, and Bevura’s decision shall be final and conclusive. 2.2 You need to ensure that there is sufficient Available Balance in your account before using the Service for the total cost of the Transaction and to maintain a minimum balance of k5 in your wallet account at all times.

Charges

Bevura reserves the right to impose any charges, fees or subscriptions (“Charges”) for the use of certain Services, if such Charges are required. Some Services may be chargeable as indicated on the App and in any accompanying Terms and Conditions.

Cash Debit

You may debit your account with any amount at any time, so long as the minimum balance requirement is met. We will send you a notification when your wallet is debited.

Cash Withdraw

You may request the fund available in the wallet, so long as the minimum balance requirement is met, Bevura will charge a fee to the user of the wallet transfer funds into their bank account of choice. The Charges will be paid by deducting from your account.

Making Payment

Payment can be made for any amount through your Electronic Wallet Account.

Refund

In the event the Service or your Account is ceased, terminated or suspended by Bevura due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law or any regulation and/or guidelines made thereunder, you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for Bevura to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom. 2.3 Disputed Transaction You are fully responsible for all products and services purchased when you make any payment through your Account or anytime when you authorize and Authenticate amounts to be deducted from your Account. You shall be fully responsible for ensuring that the transaction amount is correct. In the event that you discover any error or discrepancy in your account, you must contact us within fourteen (14) days from the date of the disputed transaction, failure to which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum. You agree and consent to the use by Bevura and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Service and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

Device, Message and Data Usages Charges

Bevura does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that the App and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your Mobile Device. It is your responsibility to ensure that the App is and will be compatible with your Mobile Device at all time and you acknowledge and agree that Bevura shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to the App being incompatible with your Mobile Device. You acknowledge that certain message and data may apply from your wireless service providers and/or carriers which might impact your use of the Wallet. For example, your mobile service carrier or provider may impose data usage for your use of the Wallet, including download the requested software, receiving or sending text message, or other use of your mobile device when using the software or other products and services provider by the Wallet. You agree that you are responsible for all such fees and restrictions, and that we may contact you via SMS, Email, in-application messages, automatically dialed calls or text and other communications to your device, for any purpose regarding your Wallet accounts, including but not limited to account servicing and collection. 2.5 As the holder of the Account, you hereby expressly acknowledge and agree that: (i) As and when required, you shall furnish Bevura with any information required by Bevura for the purpose of regulatory reporting obligations or for whatsoever reasons which Bevura deems reasonable or necessary. (ii) You hereby give your express authorization and consent to Bevura to process and disclose information to third parties including information relating to your personal data as well as particulars relating to the Account as well as disclose relevant information to any third party solely for purposes of determining your eligibility to participate and/or for fulfillment of any benefits to be given to you herein in applying for the Wallet services. In applying for the Account, using and/or operating the Account. You represent and warrant that (a) All information you provide in connected with the Wallet Account is true, correct, accurate, and complete; (b) You have a registered mobile number; and that You have the right to provide the information to us for the purpose of operating the Wallet Account. You agree that based on such disclosure, you shall be liable for misrepresentation or false, untrue or incorrect information disclosed by You for the opening of the Account and for the continued usage and/or operation of the Account, and you shall be liable and responsible for any damage or loss suffered or incurred by Bevura arising under any of Your breach or default herein.

Grant of License and Restriction

3.1 Bevura hereby grants you a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use the Wallet for your personal use only, provided you comply fully with the T&C. 3.2 You shall not use the Wallet, for purposes other than making payments and managing your account, by interfere or attempt to interfere with the operation or use of the Wallet in any way through any means or device including, but not limited to spamming, hacking, modifying, uploading, programing, trojan horses, time bombs, cancelbots, send, use or reuse computer viruses or otherwise corrupting the security or functionality of the Wallet, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information. 3.3 You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or assist any other person to do any of the foregoing) the Wallet in whole or in part. 3.4 You shall not do anything that created liabilities for us or cause the Wallet to lose (in whole or in part) the services of our ISPs or other suppliers. 3.5 You shall not cause annoyance, inconvenience or needless anxiety or be a nuisance.

Account Password and Security

4.1 You are solely responsible for maintaining the confidentiality of your register login name, account, PIN, password and for restricting access to your Mobile Device or tablet to prevent unauthorized access to your account at all time, and to notify Bevura immediately if your Wallet Password or PIN is stolen, becomes known to an unauthorized third party or is otherwise compromised. Your Wallet account will continue to operate as normal until you report it lost or stolen, it will continue to operate as normal until Bevura have officially received your report of the lost or stolen. Bevura is not liable or responsible for any loss or damages suffered by you due to your failure to report of the above mentioned, to apply a security function to Your device or to keep Your PIN confidential. Wallet account invalidation shall be effective within twenty-four (24) hours upon notification. You will remain liable for all Wallet transaction (including all costs associated with its unauthorized use) prior to actual Wallet account invalidation. Bevura shall not be responsible to refund any monies arising from use by any persons till the expiry of twenty-four (24) hours from the date and time of your report or notification. 4.2 In the event of forgetting of User ID and/or password or expiry/disability of password(s), you can request for change of the password via the App. 4.3 The Wallet Services User ID/Password shall get locked after you key in the wrong PIN Number more than three (3) times. The same will be resume and available after a few seconds 4.4 You agree to accept responsibility for all activities that occur under your account or password, whether it was authorized by you. You should take all necessary steps to ensure: (a) You exit or log out from your account at the end of each session (b) Your password is kept confidential and secure and inform us immediately if you have any reason to believe that your password has become known to others; (c) Not let any unauthorized person have access to Your mobile device or leave the mobile device unattended while using the Wallet Services; (d) Comply with all notice or instructions given by Bevura from time to time in relation to the use of the Service and App; (e) Download and install the Bevura app from the Google Play store or Apple iOS store from the official Bevura account. Any downloads and installation outside of this will be deemed unlawful and any actions thereafter by the user will not be liable by Bevura; (f) Not disclose or reveal your personal or confidential information to anyone over email, SMS or Phone call even if it is purportedly from Bevura. Bevura or any of its representatives will never send you emails or SMS or call you over phone to seek your personal information like username, passwords, etc. (h) fully indemnify and shall keep Bevura fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorized use or exploitation of the Services or part thereof.

Amendments in Terms and Conditions

5. Amendments in Terms and Conditions Bevura reserves its rights, in its sole discretion, to update, change, modify, add, supplement discontinue, remove, delete or revise any of the T&C from time to time without prior notice. By continuing to use Bevura in any way after such modification, you will be deemed to have read, understood and unconditionally consented and agreed to such changes. The Terms and Conditions shall remain valid until it is replaced by another agreement or terminated by either party or account is closed, whichever is earlier, save for those said to survive termination.

Proprietary and Intellectual Property Rights

The copyright, trademarks, logos, slogans and service marks displayed on Bevura Wallet are registered intellectual property rights of Bevura or of respective intellectual property right owners. Bevura grants the right to access of the Wallet to you and use the Wallet Services in accordance with the T&C mentioned herein. You should assume that everything it views or reads on the Wallet (collectively referred to as "content") is copyrighted/ protected by intellectual property laws. Any breach of the restrictions on use provided in these terms is expressly prohibited by law, may result in severe civil and criminal penalties.

Notices

Notice under the T&C to You may be given through any medium of communication as may be deemed appropriate by Bevura, which primary on in App notification, email, SMS or public notification through media. Such notices will have the same effect as a notice served individually to each User.

Force Majeure

Bevura shall not be liable for delay in performing or failure to perform any of its obligations under the T&C which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communication and computer systems and services, natural calamities, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade dispute. Any delay or failure of this kind will not be deemed to be a breach of the T&C and the time performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

New and Additional Services

Bevura may provide you with new or additional services associated with your Wallet from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.

Governing Law and Jurisdiction

These T&C shall be governed by and construes in accordance with the laws of Zambia.