T-kash Terms and Conditions
T-kash TERMS & CONDITIONS
CUSTOMER TERMS & CONDITIONS
This Agreement contains the complete terms and conditions that apply to your participation in Telkom’s Mobile Money Transfer Service and supersedes all other agreements entered into between you and Telkom Limited of P.O. Box 30301-00100 Nairobi (Telkom) with respect to the Telkom’s mobile money transfer Services. These terms and conditions take effect on the date of publication. By participating in or continuing to use the T-kash Service you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.
1. Definitions
“Account” means your T-kash Account, being the record maintained by us of the amount of E-Value from time to time held by you and represented by an equivalent amount of cash held by the Trustee on your behalf;
“Cash” means the lawful currency of the Republic of Kenya;
“Cash Merchant” means a person appointed to offer T-kash registration, cash in and cash out services and includes participating ATM networks, further details of which may be obtained from Telkom;
“E-Value” means the electronic monetary value depicted in your T-kash Account representing an equal amount of Cash held by the Trustee and which may be redeemed through an T-kash cash merchant for an equal amount of Cash;
“Foreign National” means a person who is not a citizen of Kenya irrespective of whether the person is permanently resident in Kenya.
“Log Book” means the book maintained by the Cash Merchant in which all Transactions are recorded and which serves as conclusive evidence of the successful completion of those Transactions;
“Manager” means a person who is legally authorized to access funds in your T-kash account in the event of your permanent disability;
“T-kash Services” or “T-kash” means the money transfer services provided by Telkom including issuance, management and redemption;
“T-kash System” or “T-kash” means the system operated by Telkom providing the T-kash Services;
“Network” means the Global System for Mobile Telecommunication (“GSM”) system operated by Telkom and covering those areas within the Republic of Kenya as stipulated from time to time by us;
“Outlet Operator” means the assistant attending to you at a Cash Merchant Outlet;
“Outlet” means any shop, unit or other retail premises or portion thereof operated by an Cash merchant;
“Participant” or “User” means any person that participates in the T-kash System by using the T-kash Services to send or receive money and includes any person that facilitates the redemption of E-Money;
“PIN” means your personal identification number being the password you choose to access and operate your Account and includes the one-time 4-digit PIN sent to you on registration for the purpose of activating your Account;
“Pre-paid Airtime” means mobile phone calling credit on Telkom’s Network;
“Registration Form” means the registration form containing registration details and your acceptance of these Terms and Conditions;
“Telkom Products and Services” means any products and services provided to you by Telkom whether under this Agreement or otherwise and includes without limitation the Telkom Post Pay voice and data services, Telkom Prepay voice and data services, Telkom emergency credit service and the Telkom loyalty points accrual and redemption service.
“SIM Card” means the subscriber identity module which when used with the appropriate mobile phone equipment enables you to use the T-kash Services;
“SMS” means a short messaging service that enables the transmission of text messages from one mobile phone to another;
“Successor” means a person who is legally authorised to access funds in your T-kash account in the event of your death;
“Transaction” means the movement of money in to, or out of your T-kash Account;
“Trust account” means the trust account comprising Cash held in a commercial bank by the Custodial Trustee for and on behalf of all T-kash users;
“Trustee” means such person or legal entity appointed by Telkom under a declaration of Trust and in whose custody the cash in the T-kash System is held in a commercial bank account in accordance with the trusts declared by the Trust Deed.
“You” or “your” means the T-kash Customer who has registered to use the T-kash Service;
2. Service Description
2.1. Telkom operates the T-kash mobile money transfer service that allows you to send and receive money through your registered mobile phone.
2.2. T-kash is available to all Telkom subscribers upon registration for the T-kash Services and your acceptance of these Terms and Conditions.
2.3. You may register for a T-kash Account with any T-kash Cash Merchant or at any Telkom retail center by completing the T-kash Registration Form.
2.4. Telkom may in its absolute discretion restrict or limit the number of accounts you may operate at any one time.
2.5. By registering to use the T-kash Service you agree to these Terms and Conditions (the “Terms and Conditions”), which shall form a legally binding agreement between you and Telkom.
2.6. Telkom may in its absolute discretion refuse to register or revoke the registration of any person on the T-kash System.
2.7. You may acquire E-Money in your T-kash account by depositing Cash at a T-kash Cash Merchant outlet or receiving a remittance of E-Money from another T-kash Participant, through an international money remittance from a participating remittance service provider or through any other acceptable means that Telkom may provide.
2.8. All Transactions shall be denominated in Kenya Shillings. The T-kash System may not recognize any monetary value depicted as Cents. You hereby agree to round off any Transaction value to the nearest Kenya Shilling.
2.9. Your Cash represented as E-Money is held in trust for you by the Trustee by virtue of the Trust Deed under which the Trustee declared itself trustee of the moneys held for you in the Account and other Participants as beneficiaries in accordance with the trusts declared by the Trust Deed. By participating in and/or continuing to use the T-kash Services you acknowledge the sufficiency of the Trust Deed as creating a valid trust over funds held by the Trustee on your behalf upon the terms therein specified.
2.10. You acknowledge that the Trustee may treat the records of the T-kash System as conclusive evidence of the amount of E-Money at any time standing to the credit of your Account and the Trustee is not bound to make any independent investigation of your beneficial entitlement to the Cash held in trust.
2.11. Subject to the prescribed Transaction limits and the provisions of these Terms and Conditions, the balance of your T-kash account is redeemable at any time and shall be disposed of only in accordance with your instructions given via the T-kash System.
2.12. You acknowledge that T-kash is neither a bank nor a deposit-taking institution.
2.13. All charges applicable to the T-kash service are set forth in a separate fee schedule available at Cash Merchant outlets and as may be published from time to time by Telkom and are subject to change at any time at Telkom’s sole discretion.
3. Account Opening and Maintenance
3.1. The following conditions must be met before opening a T-kash account in your name:
3.1.1 You must be at least 18 years old with capacity to enter into contracts.
3.1.2 You must have a T-kash enabled SIM card through which you may access the T-kash services. If your SIM card is not T-kash enabled, you may swap it at a nominal fee for one that is Tkash enabled.
3.1.3 You must complete the Registration Form and submit it when duly completed and signed by you. For the avoidance of doubt a completed Registration Form shall bear your name as it appears on your ID and such other information as may be required.
3.1.4 You must provide sufficient proof of identification (ID). For the purpose of this agreement, sufficient proof of (ID) shall be an original national ID card or military ID card if you are a Kenyan national; and original Alien Certificate, Diplomatic ID or Passport if you are a foreign national. Copies of the ID provided will be retained by the Cash Merchant facilitating your registration.
3.1.5 You must not provide any false, inaccurate, incomplete or misleading information.
3.2. You are responsible for ensuring that your registration details are maintained up to date.
3.3. Telkom may reject your application at its discretion if any of the account opening requirements are not met or if you fail to provide us with satisfactory proof of identification.
3.4. Telkom reserves the right to request further information pertaining to your account at any time failure to which may result in limitation on usage of the T-kash Service, suspension or termination of the account.
3.5. You must not maintain more than two T-kash Accounts. If at the time of commencement of these Terms and Conditions you maintain more than two accounts, Telkom shall reserve the right to migrate one account to the next tier requiring enhanced due diligence (including the submission by you of additional documentation as may be required) and may require you to close off any extra accounts.
3.6. The account remaining on the first tier shall be limited to such annual Transaction limits as Telkom may in its sole discretion, determine which, when exhausted, shall render the account closed and all excess balances therein moved to the next tier account.
3.7. Accounts on higher tiers shall have higher annual Transaction limits as may be determined by Telkom.
3.8. No interest will be paid on any funds held in your T-kash Account by Telkom.
3.9. Subject to Telkom’s due diligence and vetting, you may obtain an official statement of your T-kash Account from any Telkom retail center for which you may be charged a fee. An official statement of account shall be conclusive evidence of the Transactions carried out on your T-kash Account during the period covered in the statement.
3.10. For the avoidance of doubt Telkom shall not be obliged to adduce evidence in any civil or criminal court in relation to the contents of any statement obtained from a retail center pursuant to clause 3.9.
4. Privacy Policy:
4.1. Telkom recognizes the importance of protecting the privacy of all information provided by users of T-kash. This statement is meant to affirm our utmost respect for your rights to privacy.
4.2. Telkom collects personally identifiable information that we use to profile T-kash Users and administer individual T-kash accounts, update T-kash databases, and provide User support.
4.3. Save as provided hereunder, Telkom does not share your personal information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.
4.4. You acknowledge that by using the T-kash Services, some of your personal information will be passed on to any person whom you receive E-Money from, or send E-Money to and will be available to any third party involved in the operation of the service including without limitation, T-kash Cash Merchants and ATM Switch providers. You hereby authorize Telkom to share with, provide or disclose to third parties with which you have separately contracted or with which you intend to contract (and have informed Telkom of this intention in writing or electronically through the T-kash System), your personal information including any Transaction data, information pertaining to you or your T-kash Account, or your usage of Telkom Products and Services provided that the authority given to Telkom to disclose information to such third parties (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
4.5. You acknowledge that Telkom may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.
4.6. You accept that Telkom shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities;
4.7. Telkom employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. Telkom employees are also responsible for the internal security of the information. Employees who violate Telkom’s Privacy policies are subject to a range of disciplinary actions.
4.8. Any person submitting any information to Telkom through the T-kash System may be granted access rights to that information. Telkom has developed systems that enable access and correction of information submitted to it.
5. Account Usage:
5.1. After your account has been opened and activated, you will be able to initiate the following Transactions:
5.1.1 Load E-Money through a participating Cash Merchant outlet;
5.1.2 Send E-Money to and receive E-Money from other user;
5.1.3 Withdraw Cash from your Account through participating Merchants;
5.1.4 Withdraw Cash from your Account through participating ATM networks;
5.1.5 Buy Telkom Prepaid Airtime;
5.1.6 Pay utility bills or make one-off or periodic payments or remittances to participating utility providers, financial institutions charity organizations, etc.;
5.1.7 Pay for goods purchased from participating T-kash merchants;
5.1.8 Manage your Account (e.g. check balance inquires, change PIN, etc.); and
5.1.9 Any other Services as may be introduced by Telkom or financial institution partners from time to time.
5.2. Telkom does not warrant that all functionalities shall be available at all times and may withdraw any functionality or the T-kash Service in general as a direct result of new or amended legislation, statutory instrument, Government regulations or policy or any other compelling reason.
5.3. Telkom may provide additional functionality on the T-kash menu following integration with platforms of financial institutions and other entities providing you with specified services. Such functionality may give you limited access to platforms of the financial institutions or other entities. By using such functionality to gain access to other platforms, you hereby agree to indemnify Telkom against, and hold Telkom harmless from any losses arising from your access to such external platforms.
5.4. In the event of any review of our business planning, technical, public interest or operational reasons, changes within the industry, recommendations from regulatory bodies or similar events, Telkom may vary these Terms and Conditions or policies affecting usage and shall notify you of such changes through appropriate means. Your continued use of the T-kash Service shall be deemed to be your acceptance of all such varied terms and conditions or polices.
6. T-kash Access Responsibility
6.1. Access to the T-kash Services is PIN protected. You hereby agree to guard your PIN and not to disclose it to any third party including T-kash Outlet Operators, Telkom staff or any person purporting to have authority to ask for it.
6.2. You acknowledge that you shall be solely responsible for the security of your PIN. Telkom shall not be liable for any disclosure of your PIN to any third party and you hereby agree to hold Telkom harmless from any losses that result from any PIN disclosure.
6.3. You are responsible for all instructions given to Telkom in relation to your T-kash Account.
6.4. Telkom shall deem each correct PIN entry as being performed by the legitimate owner of the Tkash account and shall regard all subsequent Transactions as validly performed by you.
7. Loading E-Money
7.1. You may load E-Money into your T-kash Account only and not directly into another T-kash participant’s T-kash Account.
7.2. In order to load E-Money, you must complete the information requested, including passing the identity and security validation and verification procedures to ascertain that you are the owner of the account and then hand over Cash equivalent to the E-Money sought to be loaded to the T-kash Cash Merchant.
7.3. After handing over the Cash to the T-kash Cash Merchant, you must ensure that you sign the Log Book which will serve as conclusive evidence that you have successfully completed the deposit Transaction.
8. Transferring E-Money
8.1. Transaction limits and charges as prescribed by Telkom shall apply each time you use the “Send Money”, or other functionalities that effect the transfer of funds from your T-kash Account.
8.2. Your Transaction request will not be completed:
8.2.1 If you have insufficient funds in your T-kash Account to complete a Transaction or to cover the charges for a Transaction;
8.2.2 If you have reached the daily limit prescribed by Telkom;
8.2.3 If your Account has been temporarily suspended or permanently frozen on valid grounds;
8.2.4 If there is any other compelling reasons such as temporary system delay or outage.
8.3. You may send E-Money to any Participant on the T-kash system as well as any mobile telephone user on any network in Kenya by following the instructions on your phone’s T-kash menu.
8.4. You will be charged a fee for any transactions you undertake. The fee will be in accordance with the published tariffs.
8.5. If the E-Money in your T-kash Account is not sufficient to carry out your Transaction (including covering the Transaction cost) request in full, the Transaction will not be completed and no EMoney will be debited from your T-kash Account.
8.6. Upon the successful completion of your Transaction to another T-kash Participant, Telkom will immediately cause the transfer of the E-Money to the other Participant’s T-kash Account. You and the recipient will both be notified by SMS as to the completed status of your transaction.
8.7. Where Telkom is unable to complete a transaction, you will be notified by SMS as to the reasons for not completing the transaction.
8.8. Each Transaction you undertake will be accompanied by a unique receipt number that will appear in the confirmation SMS sent to you and will include an updated balance of your Account. This receipt number may be used to track & identify the Transactions carried out on your Account and the SMS should therefore not be deleted if reliance on it will be required.
8.9. Upon the successful transmission of E-Money from your Account to registered recipient’s Tkash account, title to the E-Money will pass to the recipient.
8.10. Where the recipient is not registered on the T-kash System, title to the E-Money will remain with you. However, you will not be able to withdraw the funds or send the funds to any other recipient or otherwise reverse the Transaction unless the initial Transaction is cancelled by Telkom upon the failure of the recipient Participant to accept the remittance within the stipulated time-frame as provided in 8.12.
8.11. If the recipient does not have a T-kash account, Telkom will send the recipient an SMS containing a one-time voucher to enable them cash the E-Value sent to them
8.12. If within 7 days (or such longer period as may be determined by Telkom) of the Transaction being made to a non-registered recipient, the recipient has not opened or cashed their voucher, Telkom will cancel the Transaction and the E-Value Money will be sent back to your account. You will be notified by SMS of the cancellation and reversion of the E-Money.
8.13. A Transaction once completed is final and irrevocable. As such, Telkom shall not be under any compulsion to reverse any Transaction.
8.14. Notwithstanding the import of clause 8.13, Telkom reserves the right, at its sole discretion, to cancel or reverse a Transaction if reasonable grounds such as manifest error or fraud are shown and PROVIDED that the recipient has not redeemed the E-value and the reversal claim is made within one (1) month of the erroneous Transaction date.
8.15. Telkom will not be compelled to refund or compensate the sender if the E-Value is sent to a recipient mistakenly or in error or fraudulently or under duress and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction and you hereby agree to hold Telkom harmless for any losses arising from a mistaken, erroneous or fraudulent transfer of funds or any transfer of funds from your account effected under duress or under coercion or criminal force.
9. Receiving E-Money
9.1. If you are registered on the T-kash system and you receive an SMS informing you that you have received E-Value from another T-kash Participant or through an international money remittance, the E-Value shall be loaded to your T-kash Account immediately and You may redeem the E-Money at any Cash Merchant Outlet or participating ATM networks or transfer the funds to a third party by following the T-kash menu options on your mobile phone.
9.2. If you receive funds in error you acknowledge that you shall be obliged to return the funds to the sender failing which Telkom may reverse the payment to the sender.
9.3. You may be liable to face prosecution for consuming or utilizing funds sent to you in error or fraudulently.
10. Withdrawal (Redemption) of E-Money
10.1. Cash Merchant Outlets: Upon passing the vetting requirements conducted by an Cash Merchant, you may withdraw your E-Money at participating Cash Merchant Outlets by accessing your Account and following the prompts on your phone’s T-kash menu; however, any withdrawal Transaction must be initiated and completed within a Cash Merchant’s premises and you must ensure you sign the Log Book which will serve as conclusive evidence of the successful completion of the withdrawal Transaction.
10.2. ATM Outlets: You may withdraw your E-Value at participating ATM network Outlets at any time by accessing your T-kash Account and following the prompts on your phone’s T-kash menu. You will receive a one-time voucher which should be cashed at participating ATM networks within the prescribed timeframe. Failure to do so will cause the voucher received to expire.
10.3. Telkom shall, subject to Transaction limits on the T-kash System, process the requests you make immediately after being satisfied that the person making the redemption has passed all identity and security validation and verification procedures. In the event of a dispute over the redemption of the funds, it shall be sufficient for Telkom to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds.
10.4. Subject to any other provisions to the contrary, you will be charged a withdrawal fee each time you withdraw funds from your T-kash account.
11. Intellectual Property
All intellectual property rights in the T-kash Service including the T-kash trademark are the property of Telkom and/or its affiliates. Any unauthorized reproduction, modification, distribution or republication of T-kash materials or intellectual property, without the express prior written consent of Telkom and/or its affiliates is strictly prohibited.
12. Fees
12.1. You are responsible for the payment of all applicable fees. Telkom publishes fees payable in information pamphlets, daily newspapers, Cash Merchant Outlets and on the Telkom website. Telkom’s Customer Care department will be on hand to assist you with the fee schedule if you are uncertain about the applicable fee.
12.2. All fees are deducted at source and are subject to change at any time at Telkom’s sole discretion.
12.3. Fees payable on each Transaction will be deducted from your T-kash Account at the completion of each Transaction. Your new balance on completion of the transaction shall be notified to you by SMS.
12.4. Except as may otherwise be notified, fees are inclusive of all applicable taxes including Value Added Tax at the prevailing rate.
13. Suspension, Termination & Freezing
13.1. Telkom reserves the right at its sole discretion to suspend or terminate the agreement if you use the T-kash account for unauthorized purposes.
13.2. Your Account shall be suspended if you port your number to other networks or if your SIM has been inactive for a period of ninety (90) days or such other period as may be prescribed. In the event of account suspension for reasons of inactive SIM, Telkom shall archive your Account and recycle the mobile telephone number associated with your Account as required by law. Money held to your credit shall not be lost by virtue of archiving your Account or recycling of your mobile telephone number and shall be availed to you upon notice by you of the activation of a new mobile telephone number.
13.3. You acknowledge that Telkom may be compelled by law to suspend and/or freeze your Account or decline to execute your Transaction requests if there are reasonable grounds to suspect that an Account has been or is being or may be used to receive or send funds in connection with any criminal or fraudulent activity.
13.4. You may request your Account to be closed at any time by giving written notice to Telkom addressed to: Telkom Kenya Limited, P.O. Box –30301-0010 Nairobi, or delivered to Telkom plaza off Ralph Bunche road. Telkom shall act on such instructions if, and only if, your account balance reads zero (0).
13.5. Telkom may, at its discretion, close your Account at any time for any reason upon giving one (1) weeks’ notice to you and making reasonable attempts to reach you. In such circumstances, you shall be entitled to the balance of any funds remaining in your T-kash Account.
13.6. Telkom may send notices to you at any postal address provided by you or electronically by SMS to your mobile telephone number with which you registered on the T-kash System.
13.7. This agreement terminates automatically upon the death of the Customer who has signed up for the T-kash services.
14. Warranties, and Limitation of Liability
14.1. Telkom will report any suspicious account activity to its Anti-Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.
14.2. Telkom shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, Telkom makes no representations or warranties as to continuous, uninterrupted or secure access to the T-kash service, which may be affected by factors outside Telkom’s control, or may be subject to periodic testing, repair, maintenance or upgrades.
14.3. Telkom will not be responsible for any claim unless caused by willful default attributable to Telkom. Telkom specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:
14.3.1 Transactions made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you;
14.3.2 Transactions made from your account by an unauthorized third party who passes all identity and verification checks;
14.3.3 Any fraud, deception or misrepresentations by any T-kash Participant, whether or not the Participant has been verified,
14.3.4 Any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the T-kash system,
14.3.5 Failure of any other telecommunications or data transmission system other than the T-kash system;
14.3.6 Any result of any acts of government or authority, any act of God or force majeure.
14.4. The limit of Telkom’s liability shall not exceed the maximum Account balance limit for the time being in force for any single event or series of events.
14.5. You agree to indemnify and hold Telkom harmless against any claim brought against Telkom by a third party resulting from your breach of these Terms and Conditions.
15. Dispute Resolution and Governing Law
15.1 Telkom shall dedicate a customer service line for the resolution of any issues pertinent to the T-kash Services. You may contact Telkom Customer Care on the dedicated line as may be notified to you by Telkom for any disputes, claims or to report account discrepancies or system issues. Telkom Customer Care shall handle the report in accordance with Telkom’s standard complaint handling procedures.
15.2 This Agreement shall be governed and construed in accordance with the laws of Kenya. The place of jurisdiction for any dispute arising out of or in connection with this Agreement shall be Kenya.
15.3 Any dispute and/or matter of difference that arises between the parties regarding any aspect of this Agreement shall be settled, if possible, in an amicable way by mediation between the parties.
15.4 If any dispute, claims or other matters shall arise whether during the continuance of this Agreement or upon or after its determination between the parties hereto touching or concerning this Agreement or as to any other matter in any way connected with or arising out of or in relation to the subject matter of this Agreement and such dispute is not mutually settled between the Parties, the dispute shall be referred to Arbitration by a single Arbitrator appointed in accordance with the rules of arbitration in Kenya and all disputes shall be finally settled in accordance with the said rules.
15.5 Clause 26.5 will not prevent either party from seeking interim relief on an urgent basis from a Court of competent jurisdiction, pending the decision of the Arbitrator referred herein.
16. Disclosure & Data Retention
16.1 You hereby expressly consent and authorize Telkom to disclose any Transaction data or information pertaining to your T-kash Account to any law enforcement, investigative or regulatory authority including without limitation the Kenya Police, Central Bank of Kenya, Ethics and Anti-Corruption Commission, Kenya Revenue Authority or any competent Anti-Money Laundering authority for the purposes of any genuine enquiry or investigation or to any third party to which you have separately, either in writing or electronically through the T-kash System or otherwise, authorized Telkom to disclose Transaction data or information pertaining to you or your usage of Telkom Products and Services, including your T-kash account provided that any consent given to Telkom to disclose information to any third party (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
16.2 You acknowledge that where your Account is determined by a competent judicial authority as containing proceeds of any criminal or money laundering activities, Telkom may be required by law to surrender funds in your account to any statutory fund created for the purpose of recovering the proceeds of crime.
16.3 You acknowledge that Telkom may retain your Transaction data for a period of up to seven (7) years or as may be required by any law or regulation.
17. Force Majeure
Neither Party shall be liable to the other Party for any delay or failure to perform its obligations under these Terms and Conditions as a result of revolution or other civil disorders; belligerent aggression by an enemy; strikes; lack of available resources from persons other than parties to this Agreement; labor disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least thirty (30) days then either Party may terminate their engagement by notice in writing to the other. Upon such termination all Cash held in trust for you in the T-kash System shall be made good to you.
18. General
18.1. Using your personal T-kash account to carry out T-kash transactions on behalf of another person is prohibited and may expose you to criminal liability under the Proceeds of Crime & Anti-Money Laundering Act. You may not use, or permit the use of your T-kash account to carry out any transactions on behalf of any other person.
18.2.You acknowledge that these Terms and Conditions are subject to amendment, modification or variation from time to time if required by, or found to be in conflict with, applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions.
18.3. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior terms. In the event of inconsistency between these Terms and Conditions and previous editions, this version will prevail.
18.4. These Terms and Conditions may be amended by Telkom from time to time as Telkom introduces new T-kash functionalities. Such amended Terms and Conditions may be published in posters or pamphlets available at Cash Merchant Outlets, in the daily newspapers and/or on the Telkom/T-kash website from time to time and shall take effect immediately upon publication.
18.5. Telkom’s failure to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of any such right nor shall it prevent Telkom from exercising or enforcing the rights in question at any time.
18.6. You may not transfer any rights or obligations you may have under this Agreement without Telkom’s prior written consent.
18.7. You must not use the T-kash service for the receipt of or payment for goods or services that offend or circumvent any law including without limitation, narcotic drugs, firearms, obscene or pornographic material or services, participation in pyramid or Ponzi schemes, infringement of third party intellectual rights, running illegal or unauthorized lotteries, as well as material that is morally repugnant; incites violence or desires to cause harm; induces an unacceptable sense of fear or anxiety; encourages or incites any person to engage in dangerous practices or to use harmful substances; induces or promotes tribal, religious or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.
18.8. Without prejudice to the provisions of clause 13.7, where Telkom receives notification of the death or mental incapacity of a T-kash user, Telkom shall suspend all Account activity until satisfied that the relevant provisions of the Succession Act or the Mental Health Act (as the case may be) have been followed.
18.9. A person claiming access to funds by virtue of being a Successor (in the event of death) or Manager (in the event of permanent incapacity) shall, upon request by Telkom, produce letters of administration/grant of probate (in the event of death) or a court order authorizing the person to manage the estate (in the event of permanent incapacity) or such other document as may be prescribed.
18.10. If the Courts appoint a Successor or Manager, as the case may be, Telkom shall rely on such appointment of Successor or Manager in its decision to transmit funds held to the credit of your account to the Successor or Manager upon the event of your death or permanent incapacity (as the case may be).
18.11. You acknowledge that Telkom may report and transfer all funds held in the T-kash account to the Unclaimed Financial Assets Authority If you fail to take any action during certain duration by law, to indicate ownership, interest, or awareness of the funds.
18.12 You acknowledge that T-kash Cash Merchants are independent contractors and Telkom shall not be liable for the acts or omissions of T-kash Cash Merchants.