GENERAL TERMS AND CONDITIONS FOR WALLET BUSINESS KONOOM MOBILE MONEY

Preamble

These terms and conditions of use of the KONOOM Mobile Money service are established by KONOOM SA, a Public Limited Company registered in CHAD, with a share capital of 500,000,000 FCFA, whose registered office is located in N’Djamena, Avenue Charles de Gaulle (building opposite BSIC), registered with the RCCM under number TD-NDJ-01-2025-B14-00004, NIF 9053965 R.

1 – Purpose

The purpose of these general terms and conditions of use is to define the terms and conditions of the agreement between KONOOM SA and the Client (user), for the provision of one or more electronic wallets called Wallet Business, enabling the Client to make and receive electronic payments via the KONOOM Mobile Money application.

Acceptance, whether handwritten or electronic, of the subscription form constitutes a contract between the Client and KONOOM SA, of which these general terms and conditions form an integral part.

2 – Definitions

KONOOM Mobile Money Agent: point of sale, establishment or distributor having entered into an agreement with KONOOM SA to provide distribution, sale, loading, reloading, or cash deposits for holders of Electronic Money through the KONOOM SA service.

KONOOM Mobile Money: Brand referring to the range of mobile financial services (Mobile Financial Services – MFS) offered by KONOOM SA in the Republic of Chad.

Client: Holder of a Wallet account making a transaction with the Merchant.

PIN Code (Personal Identification Number): personal identification number defined and kept secret by the user to protect their KONOOM Mobile Money account from unauthorized use.

Default PIN Code: the basic 4-digit identification number (0000) sent by SMS to the User when activating or recovering their KONOOM Mobile Money account.

Payment Account (Wallet): account held in the name of Clients or Merchants, in the records of KONOOM SA, for executing payment service operations, except those related to payment instruments referred to in Articles 3 para.6 and 7 para.1 of Regulation No. 04/18/CEMAC-UMAC-COBAC relating to payment services in the CEMAC.

General Terms and Conditions: terms governing the contractual relationship between a Merchant and KONOOM SA for the provision of KONOOM Mobile Money Services.

Distributor: any natural or legal person approved by KONOOM SA to ensure the availability of electronic money through its distribution network on behalf of KONOOM SA.

Payment Institution: licensed institution regularly providing payment services such as KONOOM SA.

IBAN (International Banking Account Number): alphanumeric reference assigned to each KONOOM Mobile Money payment account, established according to ISO 13616, and composed of 27 characters as defined by Instruction No. 002/GR/2021.

Merchant: any natural or legal person, trader or not, holding a KONOOM Mobile Money Wallet account and authorized to accept electronic money or payments from its clients in exchange for goods or services.

Electronic Money KONOOM Mobile Money: monetary value stored electronically, representing a claim on KONOOM SA, issued at face value against the delivery of funds for payment operations, and accepted by persons other than the issuer, without intervening through a bank account.

Secret Word: secret password defined by the user during account creation to enable PIN recovery.

Alternative Number: mobile number different from the one linked to the payment account, enabling the user to reset their PIN in case it is forgotten. This number is never used for transactions.

KONOOM Mobile Money Account Number: number assigned to each payment account, either the MSISDN of the SIM card or the IBAN generated according to ISO 13616.

Required ID Document: valid ID or any other document recognized by national authorities for identifying the KONOOM Mobile Money account holder.

PEP (Politically Exposed Persons): persons exercising or having exercised important public functions, including heads of state, political figures, high-level public servants, military officers, senior officials of public institutions, or leaders of major political parties, as well as persons closely linked or associated with them.

KONOOM Mobile Money Service: payment services provided through a mobile solution allowing users to perform transactions and manage an electronic money account via USSD (*179#) or the KONOOM app.

KONOOM SA System: system composed of technological platforms and software developed by KONOOM SA to operate the KONOOM Mobile Money service.

Pricing: fee schedule for the use of the KONOOM Mobile Money service, published and updated by KONOOM SA.

Account Holder: person identified through valid ID enabling creation of the KONOOM Mobile Money account.

Transaction: any use of the KONOOM Mobile Money service involving a debit or credit to the KONOOM Money account.

Account User: any person using KONOOM Mobile Money services through a payment account without necessarily being the account holder.

3 – Opening of the KONOOM Mobile Money Business Wallet Account

3.1 Any legal entity, whether a business or not, that owns a mobile phone and holds an active mobile access number may subscribe to open a Konoom Mobile Money Business Wallet account, enabling them to make transactions or accept payments for the goods or services they sell.

3.2 A Konoom Mobile Money Business Wallet account can be opened directly through the KONOOM Mobile Banking application or at any KONOOM SA distributor.

3.3 When opening a Konoom Mobile Money Business Wallet account, the Customer must provide the following information before accepting the subscription form:

Required documents

  • Traders (individuals or legal entities):
  • RCCM extract                                        
  • Articles of association (if applicable)
  • Administrative authorization
  • Tax identification number (NIF)
  • Latest business license or tax clearance
  • Location plan
  • Valid ID of representatives
  • Two ID photos of representatives

 

  • Other legal entities:
  • Founding act
  • Location plan
  • IDs of representatives
  • Two ID photos
  • Any additional required document

KONOOM SA may request any additional document required by regulation.

3.3.2 Mobile Access Number

An active mobile access number in the Client’s name;

– Express authorization from the mobile access holder (if applicable) allowing a KONOOM Mobile Money account to be linked to the user of said access.

To this end, KONOOM Mobile Money may provide the Client with an authorization form.

3.3.3. Any other additional information that may be required by the Regulator;

3.4 Refusal of account opening

KONOOM SA reserves the right to refuse any request to open a KONOOM Mobile Money Business Wallet account, particularly if the identity document presented is not considered satisfactory, if the information provided is not complete and accurate in all respects, or if the user is subject to a ban by regulatory or judicial authorities or any person placed on the blacklist of the United Nations, European Union, and USA.

3.5 Confirmation

Once the application has been accepted in accordance with the checks stipulated in paragraphs 3.3 and 3.4, the User will receive a message on their KONOOM Mobile Money account number confirming the opening of their KONOOM Mobile Money account, including an IBAN code that will be assigned to them in accordance with the regulations in force.

3.6 Account activation

The user will dial the activation code, *179#, to activate their KONOOM Mobile Money account. The user will then be asked to choose a PIN code, which they can change later.  The Client will be able to reset his PIN code according to the procedure in case he forgets it.

 

4 – The KONOOM Mobile Banking Business Wallet

4.1 The KONOOM  Mobile Money Business Wallet account is a payment account held by a previously identified user on which is stored monetary value in electronic form representing a claim of the latter against KONOOM SA against a transfer of funds for the purpose of carrying out payment operations;

4.2 The Wallet Business service allows the Customer to:

  • Send money to third parties (suppliers, employees, partners, banks) via the KONOOM platform;
  • Receive payments from customers or other partners via the same channel;
  • View their transaction history;
  • Manage multiple user accounts with different levels of access and security.

Each payment received via the Konoom Mobile Money Wallet Business account results in instant confirmation to the Customer (SMS, Email, App, USSD), a transaction record on the platform, and a notification in the merchant history.

4.3. Each payment received via the Konoom Mobile Money Business Wallet account results in instant confirmation to the Client (SMS, email, app, USSD), a record of the transaction on the platform, and a notification in the merchant history.

4.4. The opening and operation of the Konoom Mobile Money Business Wallet account is carried out in accordance with international, EU, and Chadian regulations relating in particular to payment services, the fight against money laundering and terrorist financing,  international transfers, embargoes, and the fight against corruption, in force in the Republic of Chad and in the countries concerned by KONOOM Mobile Money transactions through the execution of all or part of the instructions given by the user, as well as the applicable ethical and prudential rules;

4.5. Users may not make debits from their KONOOM Mobile Money account if they do not have sufficient electronic money balance to carry out such a transaction and pay the corresponding fees. The KONOOM Mobile Money account may not be in debit except in the cases provided for by the regulations in force, in particular Regulation No. 04/18/CEMAC-UMAC-COBAC relating to payment services in the CEMAC.

4.6. The user expressly authorizes KONOOM SA to debit the KONOOM Mobile Money account, as payment for any fees owed by the user for any reason whatsoever, the amount in electronic money equal to the nominal amount of the fees in question. In the event that the fees to be debited are insufficient, the transaction requested by the user will not be completed;

KONOOM SA may make automatic withdrawals from the user’s account under the conditions provided for by the regulator. In the event that the amount of electronic money to be withdrawn is insufficient, the user shall remain liable for the unpaid balance, which KONOOM SA reserves the right to recover by any appropriate means.

4.7. Notification of the user’s death by their beneficiaries will result in the blocking of their KONOOM Mobile Money Business Wallet account until the estate has been settled. KONOOM SA cannot be held liable for any fraudulent transactions carried out between the date of death and the notification of death by the beneficiaries to KONOOM SA.

4.8. The user can obtain an account statement via their mobile phone, the KONOOM Mobile Money app, a website, or a dedicated platform. They can also contact customer service to track any transactions they have made via the service.

4.9 KONOOM SA reserves the right, under the conditions provided for by the regulator, to terminate the user’s payment account in the event of inactivity for a period of 12 months. A termination notice will be sent to the user by SMS or any other means leaving a written record two (2) weeks before the effective date. However, KONOOM SA will immediately terminate the payment account under the same conditions as those set out in point 4.2 above.

5 – Electronic Money KONOOM Mobile Money

5.1 Electronic money (KONOOM Mobile Money) is a security represented by an entry in the KONOOM Mobile Money account, and proof of ownership is provided by producing an account statement or a KONOOM Mobile Money SMS notification indicating the account balance. KONOOM SA considers the user who holds the KONOOM Mobile Money account in which the electronic money (KONOOM Mobile Money) is registered to be its legitimate owner, except in cases of death, liquidation, or dissolution.

5.2 The electronic money (KONOOM Mobile Money) represents an unsecured claim on the payment institution (PI) and is fully fungible with all electronic money issued or to be issued by the PI.

5.3 No interest shall be due or paid by the PI during the term of the KONOOM Mobile Money service user agreement.

5.4 Electronic money balances (KONOOM Mobile Money) held by a single user may not exceed, at any time, the maximum amount defined by KONOOM SA in accordance with applicable regulations.

5.5 The total amount of electronic money (KONOOM Mobile Money) top-ups made during a given period by the same user may not exceed the amount defined by KONOOM SA in accordance with applicable regulations.

5.6 The total amount of outgoing transactions (payments, transfers, withdrawals) made over a period (day, week, month) in electronic money (KONOOM Mobile Money) by the same user may not exceed the amount defined by KONOOM SA in accordance with applicable regulations.

5.7 A user may hold a maximum of five KONOOM Mobile Money accounts.

5.8 All users will have free use of the electronic currency (KONOOM Mobile Money) from the date of registration with KONOOM Mobile Money.

5.9 The electronic money (KONOOM Mobile Money) can be freely used within the KONOOM Mobile Money ecosystem by sending an authorized payment order addressed to KONOOM SA by the holder of the account in which it is held;

5.10 The maturity of the electronic money (KONOOM Mobile Money) is indefinite. Consequently, KONOOM SA, in its capacity as an EMI, may at any time redeem any electronic money (KONOOM Mobile Money) in circulation, and any user account holder may at any time obtain redemption within a reasonable period of time;

5.11 The redemption of electronic money (KONOOM Mobile Money) shall be carried out at no cost to the user other than those strictly necessary for the redemption to be carried out;

5.12 KONOOM SA shall ensure the storage, clearing, and financial service of electronic money (KONOOM Mobile Money) in accordance with the technical specifications of the system. These specifications may vary depending on the applicable technical and regulatory constraints.

6 – Service Use

6.1 Use of the service is governed by these KONOOM Mobile Money terms and conditions;

6.2 KONOOM SA undertakes to implement all necessary measures to ensure that the user has permanent access to the service;

6.3 KONOOM SA also undertakes to put in place the necessary measures to ensure the smooth running of the service and to maintain its continuity and quality.

6.4 In the event of misuse, damage, suspension, loss, unauthorized use, or theft of the SIM card to which the KONOOM Mobile Money account is linked, the user is required to inform KONOOM in accordance with these KONOOM Mobile Money terms and conditions. The user shall remain liable for all charges and transactions made until KONOOM SA receives notification of the occurrence of one of the above events through the following channels:

  1. a) Ordinary letter against receipt deposited at one of the KONOOM SA branches;
  2. b) Online service by dialing 1266;
  3. c) Email: contact@konoom-money.com;

6.5 The user undertakes to comply with any instructions communicated to them by KONOOM SA by all available means and channels of communication:

– SMS messages certified by the sender’s alias “KONOOM Mobile Money” to which it is impossible to reply;

–  Social media: official KONOOM SA pages (authenticated accounts)

– The media: newspapers, TV, radio, press releases, etc. signed by KONOOM SA.

6.6 The user agrees that KONOOM SA may disclose personal data or documents concerning him/her:

To authorities to whom professional secrecy cannot be invoked in accordance with regulations;

    To any person authorized by law in the context of administrative or judicial proceedings.

    To suppliers, vendors, agents, subsidiaries, or partners of KONOOM SA for commercial purposes.

    In order to improve KONOOM SA’s ability to conduct its business in compliance with applicable laws and regulations.

6.7 Access to the KONOOM Mobile Money service and account will be subject to the general terms and conditions defined by KONOOM SA and in accordance with the regulations in force.

6.8 The history of transactions carried out by the user is recorded and stored as part of the diligent conduct of business for a minimum period of ten (10) years from the date of the transaction, in particular for the purposes of quality control, training, the proper functioning of the system, and the detection and prevention of offenses and crimes.

7 – Transactions

7.1 Any debit from the user’s KONOOM Mobile Money account will be made by means of a password-protected order. The user authorizes KONOOM SA to act in accordance with the payment orders received. However, KONOOM SA reserves the right to request written confirmation and supporting documentation for any payment order.

7.2 After opening a KONOOM Mobile Money Business Wallet account and completing all customer due diligence procedures, the user may carry out the transactions authorized in Article 3 of Regulation 04/18/CEMAC/UMAC/COBAC of December 21, 2018, relating to payment services in the CEMAC, and accept payments via Konoom Mobile Money in exchange for the goods and services they sell.

7.3 KONOOM SA is entitled to consider any transaction as originating from the KONOOM Mobile Money account holder upon receipt of a payment order. Any payment order sent is irrevocable after execution and KONOOM SA cannot cancel a payment order at the request of a user.

Any transaction made to a number that does not have a KONOOM Mobile Money account will be settled no later than 48 hours after the payment order. After this period, the transaction will be canceled and the amount automatically returned to the account of the initiator of the transaction. An SMS will be sent to notify them of this.

However, the user may file claims for transactions that they have made or received in error. The actual refund depends on the amount available in the beneficiary’s account. Depending on the case, validation by the holder of the sender or beneficiary account may be required.

7.4 KONOOM SA will consider the use of the PIN code or password by the user to validate a payment order as formal and irrevocable proof of the will of the user concerned, unless KONOOM SA has received prior: (i) notification from that user requesting that their account be blocked because their KONOOM Mobile Money PIN code or password is no longer secure, or (ii) notification from that user or the holder of the KONOOM Mobile Money number of the theft or loss of the mobile phone and requesting that their KONOOM Mobile Money account be blocked;

7.5 KONOOM SA is in no way responsible for the possible counterparty to a payment order.

In the case of a top-up, the user must ensure that the Distributor or Point of Sale is able to transfer KONOOM Mobile Money electronic money to their account and, in the case of a withdrawal, ensure that the Distributor or Point of Sale is able to pay the cash equivalent of the withdrawal. Similarly, KONOOM SA is in no way responsible for the possible consideration of any payment order in the context of a transaction with an acceptor. It is the user’s responsibility to resolve such disputes.

7.6 A confirmation will be issued by the system for each transaction. This confirmation will be sent to the user by certified SMS with the sender alias “KONOOM Mobile Money,” to which it is impossible to reply, or by any other means that leaves a trace with the information required by the regulations in force.

7.7 SMS confirmation or transaction notification messages can be recognized by the following two (02) characteristics:

– The sender’s name is KONOOM Mobile Money or 179;

– It is impossible to reply to them (No-Reply email).

7.8 The records made by the system will be considered accurate, unless the user provides evidence to the contrary.

8 – Suspension, Interruption, Restriction or Closure

8.1 KONOOM SA may suspend, restrict, or terminate the provision of all or part of the service and/or close the User’s Konoom Mobile Money Merchant Wallet account without prior notice to the User and without incurring any liability in the following circumstances:

    KONOOM SA is aware or has reason to believe that the KONOOM Mobile Money account, mobile phone, mobile number or KONOOM Mobile Money code used in connection with the Service is being (or has been) used fraudulently or for criminal activities:

    The user does not comply with any of the terms and conditions of this KONOOM Mobile Money contract;

    The user is subject to a banking or judicial ban or is in receivership, liquidation or preventive settlement;

    At the request of a regulatory authority, supervisory authority or any duly authorized administrative authority;

    The user acts (or allows others to act) with their mobile phone in a way that KONOOM SA believes could affect or damage its services;

    For any other reason of force majeure or seriousness requiring such measures to be taken by KONOOM SA.

Notwithstanding the foregoing, KONOOM SA will inform users in advance of the suspension, restriction of service, or closure of the account;

8.2 KONOOM SA will also close the KONOOM Mobile Money account under the following conditions:

    Upon receipt of a termination request from the user sent to KONOOM SA via the following channels: letters deposited at the reception desk of the main agency or KONOOM Mobile Money stores, email sent to the official KONOOM email address;

    If the KONOOM Mobile Money account is inactive for a period exceeding twelve (12) consecutive months;

    If the user’s mobile number is terminated for any reason whatsoever;

    In the event of the user’s death after the liquidation of the estate.

8.3 In the event of closure of the KONOOM Mobile Money account, the KONOOM Mobile Money electronic currency in the account will be paid out to the user or their beneficiaries, less any applicable fees. To this end, the user or the administrator of the estate of the deceased user must go to the main branch of KONOOM SA and provide the documents required to obtain the corresponding amount in cash, less any applicable fees.

8.4 KONOOM SA shall not be held liable for any direct or indirect damage resulting from any action or omission on its part or on the part of third parties under its responsibility, once KONOOM SA has closed or suspended the KONOOM Mobile Money account in accordance with this Article 8.

9- Pricing:

9.1 The user must pay a fixed monthly fee in order to use the KONOOM Mobile Money services. The pricing published by KONOOM SA includes all fees due for transactions and management of the KONOOM Mobile Money account. The pricing is available at each KONOOM SA branch and/or distributor, as well as on the official website.

9.2. In accordance with consumer protection regulations, KONOOM SA offers all users who fall into the category of consumers all the services included in the minimum free banking service free of charge.

9.3 The fees due for each transaction will be automatically debited by KONOOM SA from the electronic money necessary for their full payment, without prior notification or notice.

9.4 KONOOM SA reserves the right to charge periodic fees for the issuance and management of electronic payment instruments (account maintenance fees according to the current price list) except for consumers of payment services in accordance with COBACR-2020/04 regulation relating to the minimum free banking service;

9.5 Fees include value added tax, as well as any tax or levy at the rate applicable in the Republic of Chad.

10 – Security of the Business Wallet

10.1 The KONOOM Mobile Money Business Wallet account is secured by a PIN code set by the user when opening the account, which is required to authenticate any transaction sent or received by the user. This PIN code can be changed by the user at any time, as needed.

When setting the PIN code for their Konoom Mobile Money Business Wallet account, the user is also asked to set a secret password and an alternative number so that they can recover their PIN code if they forget or lose it.

10.2 The user is solely responsible for the proper storage and use of their mobile phone, PIN code, secret password, and alternative number for their KONOOM Mobile Money account. The user is also solely responsible for all transactions made on their KONOOM Mobile Money account.

10.3 Users must not disclose the PIN code, secret password, or alternative number for their KONOOM Mobile Money account to anyone, including KONOOM SA staff, distributors, agents, other KONOOM SA partners, or the owner of the mobile phone number that designated them as end users, if applicable.

10.4 If the user cannot remember their PIN code, secret password, or alternative number, they may contact KONOOM Mobile Money customer service (in-store or online at the short number 1266) with supporting documents for their KONOOM Mobile Money account to request a PIN code reset.

The reset will only be carried out after the user’s identity has been verified and the security questions have been answered satisfactorily.

To this end, the system will send a confirmation SMS to the user’s KONOOM Mobile Money account number, including the default PIN code allowing them to set a new PIN code with a new secret password and a new alternative number.

10.5 In the event of loss of the PIN code, the provisions of paragraph 10.4 shall apply.

11 – Clients Commitments

11.1 The user undertakes to:

– Clearly display their QR Code, any media provided, or information on the means by which they accept payments via KONOOM Mobile Money

– Not overcharge a customer for using the KONOOM Mobile Money service

– Not artificially split a transaction

– Not accept fraudulent or suspicious transactions

– Protect their merchant IDs and access codes;

– Comply with the AML/CFT rules applicable in CEMAC;

– Keep accurate records of transactions received via Wallet Business KONOOM Mobile Money;

11.2 The user is required to pay the fixed monthly fees as well as other fees, in accordance with the pricing in effect for any transaction;

11.3 The user is fully responsible for the use of their account, PIN code, and any transactions initiated on their KONOOM Mobile Money account. Consequently, they undertake to use them in accordance with the technical specifications and contractual terms and conditions of the service;

11.4 The user undertakes not to use the service for the purpose of committing any violation of any applicable law or regulation;

11.5 The user is required to inform KONOOM SA of any change in the Client’s civil status or other change in circumstances;

11.5 The user undertakes to return any KONOOM Mobile Money electronic money deposit made to their account in error. In the event of non-reimbursement, any injured party may take legal action against the user.

12 – KONOOM SA Commitments

12.1 KONOOM SA undertakes to:

– Provide the necessary tools  (application, QR Code)

– Guarantee reasonable availability of the service;

– Ensure the security, confidentiality, and integrity of transactions;

– Refund fees within a reasonable period of time;

– Process complaints within a maximum of 72 hours.

12.2 In accordance with the regulations relating to payment services, KONOOM Mobile Money expressly undertakes to deposit in an escrow account all payments and other sums received in connection with KONOOM Mobile Money transactions fjor the purchase of electronic value credited to the customer’s account (the “Settlement Amounts”) or which are intended for the customer so that the customer can receive all these Settlement Amounts equivalent to the balance credited to their account.

However, all payments will be executed in accordance with the instructions given using the PIN code, even if they were given by a third party. Once KONOOM Mobile Money receives an instruction from the PIN code, it is automatically exempt from any liability.

12.3 Any interest that may be generated on all sums deposited in the escrow account shall be used to cover the costs, expenses, and all other charges relating to the operation of the KONOOM Mobile Money System or the management of the escrow account. The user shall have no right to this interest.

13 – Personal Data Protection

13.1 Personal data collected in connection with payment services and the management of the KONOOM Mobile Money Business Wallet account herein are subject to computer processing. These data are processed by KONOOM SA acting on its own behalf in accordance with legislation relating to the protection of personal data and for the management of KONOOM Mobile Money accounts and, more generally, the provision of the service.

This data may be processed and transmitted to service providers and partners for the purposes of providing the service and managing KONOOM Mobile Money accounts.

In accordance with the aforementioned purposes, the data may also be processed outside the national territory, under the conditions provided for by applicable legislation.

13.2 KONOOM SA, acting on its own behalf, may also disclose information to the competent administrative and judicial authorities where required to do so by law. The user consents to KONOOM SA, acting on its own behalf, disclosing personal information or documents concerning him/her:

    To authorities to whom professional secrecy cannot be invoked in accordance with the regulations;

    To any person authorized by law in the context of administrative or judicial proceedings.

    To suppliers, vendors, agents, subsidiaries, or partners of KONOOM SA for commercial purposes;

    In order to improve KONOOM SA’s ability to conduct its activities in compliance with applicable laws and regulations;

13.3 Users may request access to their personal information, request that it be corrected, updated, or deleted, or, for legitimate reasons, object to its processing in accordance with the regulations in force. In the event of an objection, it is understood that the user waives the use of the service. Users may exercise their rights of access, rectification, deletion, and opposition to the processing of their personal data free of charge.

13.4 Users authorize KONOOM SA, acting on their behalf, to process, retrieve, use, and transfer their personal information for the purposes and under the conditions mentioned above.

13.5 The user also authorizes KONOOM SA to:

    Use personal data concerning them in the context of direct marketing operations, to communicate commercial offers relating to the KONOOM Mobile Money service and commercial offers from its partners used with the KONOOM Mobile Money service;

    Use and communicate, after anonymization, said data to third parties, in particular to its market research firms and polling institutes, exclusively for research and analysis purposes;

13.6 The user may exercise their right to rectification and erasure by contacting the General Management of KONOOM SA. The EP is required to respond to this request within fifteen days of receiving it.

14 – Modification of Terms and Pricing

14.1 KONOOM SA reserves the right to modify the general terms and conditions or pricing of KONOOM Mobile Money services at any time. In the event of a modification to the general terms and conditions, the user will be informed one month before the modification comes into effect. This prior notification may be provided by any means that leaves a trace, in particular by publication on the website. Information about these changes will also be available at KONOOM SA branches and at KONOOM Mobile Money distributors or points of sale.

14.2 Users may accept or reject the change before the proposed date of its entry into force. The customer is deemed to have accepted the change if they do not expressly notify KONOOM SA in writing that they reject the change before the proposed effective date.

If the user rejects the change in accordance with the above conditions, KONOOM SA has the right to terminate the contract.

14.2 L’utilisateur peut accepter ou rejeter la modification avant la date proposée pour son entrée en vigueur. Le client est réputé avoir accepté la modification s’il ne notifie pas de façon expresse par écrit à KONOOM SA qu’il rejette la modification avant la date de son entrée en vigueur proposée.

Lorsque l’utilisateur rejette la modification selon les conditions ci-dessus, KONOOM SA a le droit de résilier le contrat.

15 – Liability and Exclusions

15.1 In the event that the user’s mobile phone company changes or reassigns their mobile number for any reason, KONOOM SA shall only be required to retain the KONOOM Mobile Money electronic currency in the KONOOM Mobile Money account and, where applicable, to transfer the KONOOM Mobile Money electronic currency in said KONOOM Mobile Money account to a new KONOOM Mobile Money account belonging to the user. If such a transfer is impossible, the KONOOM Mobile Money electronic currency in the KONOOM Mobile Money account will be paid out to the user.

15.2 Unless otherwise required by law, KONOOM SA is not liable for the actions or omissions of independent participants involved in the provision of the service, even if they are approved by KONOOM SA. KONOOM SA cannot be held liable for any dispute that may arise between an acceptor, a distributor, and a user.

15.3 In accordance with the laws applicable to its activity as a payment institution, KONOOM remains liable to users and third parties for transactions carried out by its distributors and sub-distributors in the context of providing the services for which they have been appointed. As such, it is responsible for the integrity, reliability, security, confidentiality, and traceability of transactions carried out by each of its distributors and sub-distributors.

15.4 KONOOM SA cannot be held liable for damage caused by the breakdown or failure of telephone networks, mobile phone equipment, the internet, terminals, or any shared network, resulting from circumstances beyond KONOOM SA’s control.

15.5 KONOOM SA, within the limits set by the regulations in force, cannot be held liable for any damage suffered by a user unless such damage was directly caused by the fault of KONOOM SA. Indirect damage is damage that does not result exclusively and directly from the failure of KONOOM SA’s services.

15.6 The user is informed that it is their responsibility to check, for each payment order initiated, that they have not made a mistake in the recipient. KONOOM SA cannot be held liable in the event of an error made by the sender of the transaction or transfer, whether or not this results in the failure of the transaction or transfer.

15.7 KONOOM SA cannot be held liable, in the context of a transaction with the beneficiary, for any error relating to the amount of the transaction;

16 – Miscellaneous Provisions

16.1 The rights and obligations arising from the KONOOM Mobile Money contract may not be transferred by the user to a third party;

16.2 KONOOM SA may freely subcontract part of its obligations to one or more subcontractors or service providers of its choice but remains responsible for their proper performance;

16.3 Failure by either party (KONOOM SA or the user) to exercise any of its rights shall not constitute a waiver of those rights.

16.4 The rights under the KONOOM Mobile Money contract are cumulative and not exclusive of any rights arising from the law.

16.5 If any provision of the KONOOM Mobile Money contract is declared invalid by any duly appointed arbitrator, administrative authority, or competent court, such invalidity shall not affect the other provisions of the contract, which shall remain in force;

16.6 The applicable limits (daily, weekly, monthly) on the number and amount of transactions are available at KONOOM SA branches and on the KONOOM SA website.

17- Notifications :

17.1 KONOOM SA may send information relating to the Konoom Mobile Money Business Wallet account or the service via SMS or any other means that leaves a written record to the address or mobile number (corresponding to the user) entered on the subscription form;

17.2 The user must send any notifications via one of the following channels:

  1. a) Online service by dialing 1266;
  2. b) Email to the official email address of KONOOM SA: contact@konoom-money.com;
  3. c) Ordinary letter with acknowledgment of receipt deposited at KONOOM Mobile Money branches;

17.3 The user must notify KONOOM SA without delay of any change in contact details, in particular any change of address.

18- Term

18.1 The KONOOM Mobile Money contract is concluded for an indefinite period and may be terminated at any time by the User or KONOOM SA by means of a registered letter with acknowledgment of receipt and ten (10) days’ notice sent to the other party in accordance with the notification rules referred to in Article 17.

19 – General Provisions

19- General provisions

19.1 The user undertakes to reimburse any expenses incurred by KONOOM SA in recovering any sums owed by the user under the KONOOM Mobile Money contract.

19.2 A certificate signed by any duly authorized representative of KONOOM SA shall constitute sufficient proof of the sums owed by the user or payable to the user, unless the user provides evidence to the contrary;

19.3 The user acknowledges that the data recorded may be used by KONOOM SA. However, the user has the right to modify and delete data concerning him/her;

19.4 The user acknowledges that information, including personal data, and transactions will be recorded and stored for a period of ten (10) years from, as applicable, the execution of the transaction, the termination of the contract, or the closure of the KONOOM Mobile Money account;

19.5 All copyrights, trademarks, and any other intellectual property rights relating to the service or contained in related documents belong to KONOOM SA. The user acknowledges that they do not acquire any of the above-mentioned rights.

20 – Applicable Law

20.1 The KONOOM Mobile Money terms and conditions are subject to the laws in force in the Republic of Chad.

20.2 The parties shall endeavor to settle amicably any dispute concerning the validity, interpretation, or performance of the KONOOM Mobile Money contract. Failing amicable settlement within one (1) month of notification of the dispute, disputes shall be submitted to the competent courts of N’Djamena.

21- Acceptance

The undersigned, Client (user), declares that they have specifically read and approved all the articles of these general terms and conditions of use of KONOOM Mobile Money and, by signing below, expressly accepts that they are bound by them in their entirety and without reservation.

 

KONOOM SA:

 

Client: