TERMS AND CONDITIONS

About MonCash

These terms and conditions (the "Terms") constitute a legal agreement between you ("you" or "your") and Unigestion Holding S.A., a company incorporated in Haiti with its registered office at 151 Av. Jean Paul II & Impasse Duverger, Turgeau, Port-au-Prince, Haiti ("Digicel") under license from the Banque de la République d'Haiti (BRH) as a financial services provider.

These Terms govern your use of MonCash, which includes a mobile wallet, mobile application, website, platform system, hardware and other products and services (collectively, the "MonCash Services" or the "Services"), whether such Services are offered by Digicel, an affiliate or an authorized third-party service provider.

1. DEFINITION

  1. "Account" means the MonCash account
  2. "Affiliate" means any natural person or legal entity that, directly or indirectly through one or more intermediaries, (i) is or becomes controlled by a Party, controls a Party or is under common control with a Party, or (ii) a Party that directly or indirectly holds 50% or more of the shares or voting rights.
  3. "Cash" means Haiti's legal tender in the form of physical bills and coins;
  4. "Custodian Account" means the bank account(s) held with the Custodian Bank on behalf of Digicel for the purposes of the MonCash System.
  5. "Cash" means Haiti's legal tender in the form of physical bills and coins;
  6. "Mobile Money" means the electronic monetary value represented on your MonCash account representing an equal amount of cash held by the Depository Bank and which may be redeemed through the MonCash Agent for an equal amount of cash or used in the conduct of transactions;
  7. "MonCash Account" means the record we keep on the MonCash system showing the amount of Mobile Money you hold from time to time in your MonCash Wallet and represented by an equivalent amount of cash held in the Depository Account on your behalf;
  8. "MonCash Agent" means a person and/or entity appointed by Digicel to provide MonCash registration, redemption and withdrawal services;
  9. "MonCash Merchant" means a merchant who has been authorized to accept MonCash as a method of payment for purchases of goods and services via the merchant's website, mobile application or in person using a QR code.
  10. "QR Code" is a short answer code that can be scanned, via a smartphone, to access a mobile application, a website or to access a PDF file or read information contained therein.
  11. "MonCash Services" means any of the products and services provided to you by Digicel in connection with the MonCash system, and includes, but is not limited to: P2P service, bill payment, prepaid mobile top-up, receipt of international transfers, purchase of goods and services from MonCash merchants.
  12. "MonCash System" means the web platform and/or application operated by Digicel directly or through a third party provider to facilitate the Services;
  13. "MonCash wallet" means the digital wallet operated by the MonCash system in which your MonCash account containing mobile money is stored.
  14. "P2P Service" means the person-to-person transaction service that allows users to send or receive funds for personal, non-commercial, person-to-person purposes from one MonCash user to another MonCash user.
  15. Payment Instruction" means instructions from a MonCash user to transfer money from their account for payment of a MonCash service.
  16. "PIN" means your personal identification number which is the password you choose to access and use your MonCash wallet and includes the unique 4-digit PIN code the customer chooses upon registration for the purpose of activating your MonCash wallet;
  17. "Prepaid minutes" means cell phone call credit on the Digicel mobile network;
  18. "SMS" refers to a short messaging service that allows the transmission of text messages from one cell phone to another;
  19. "Transaction" refers to the movement of money into or out of your MonCash wallet;
  20. "Transaction Limits" means the prescribed daily, weekly and monthly monetary thresholds attached to each account type in your MonCash wallet and the MonCash service, described on www.digicelgroup.com.
  21. "User" means any person with a MonCash Wallet.

2. DESCRIPTION OF SERVICES

  1. Digicel through its MonCash service allows you to send and receive money via your registered cell phone, as well as perform any of the other MonCash services.
  2. MonCash is available to all Digicel subscribers upon registration for MonCash services and your acceptance of these terms and conditions.
  3. You can register for a MonCash wallet via the application, via the USSD menu or by visiting any MonCash agent and following the instructions therein.
  4. By registering to use the MonCash Wallet, you agree to comply with all of the provisions of these Terms. You also agree to comply with the following additional policies and other agreements (collectively, the "Additional Terms") published on www.digicelgroup.com that apply to you based on the MonCash Services you access:
    1. Privacy policy
    2. Invoice payment terms
    3. Conditions Top up MonCash
    4. Transfer conditions
  5. We may revise these Terms and any of the policies listed above from time to time. The revised version will take effect on the date of publication, unless otherwise stated. If our changes reduce your rights or increase your responsibilities, we will notify you.
  6. We reserve the right to change these Terms at any time without notice, subject to applicable law. By continuing to use the MonCash Wallet and the MonCash Services after any changes to these Terms become effective, you agree to comply with and be bound by such changes. If you do not agree with anychanges to these Terms, you must close your MonCash Wallet immediately and stop using the MonCash Services.
  7. You acknowledge that MonCash is not a bank or depository institution.
  8. All fees applicable to MonCash services are defined in a separate fee schedule published on www.digicelgroup.com and available at MonCash agents' points of sale and are subject to change at any time, at Digicel's sole discretion.

3. MONCASH WALLET - REGISTRATION

  1. You must create a MonCash account to use the Services.

  2. In order to register, open, use or upgrade a MonCash account, Digicel may require certain information, including, but not limited to: name, gender, date of birth, copy of ID, ID number, email address, cell phone number, your address and any other documents as necessary, and in accordance with applicable law.

    You state and warrant that you are the user of the cell phone number with which you register and of all information entered or collected when creating your MonCash account.

  3. To register for a MonCash account, you must be at least 18 years old and have the capacity to enter into contracts, and you must be a resident of the Republic of Haiti.
  4. During registration, Digicel will ask you for information, including your name and other personal information relevant to the type of MonCash account for which you are registered.
  5. You acknowledge that we may verify your identity information through any publicly accessible and/or restricted governmental and/or private databases in order to comply with regulatory requirements.
  6. There are two types of MonCash accounts with monetary and service limits and corresponding identification and/or data requirements.
  7. The customer who creates a MonCash mini wallet account has a monetary and service limit until he/she submits all identification as required by the following means: emails, store, Moncash agent, WhatsApp, MonCash App, Website, and any other means made available to him/her.
  8. Each Customer may operate up to three (03) MonCash Accounts if he/she has three (03) telephone numbers (MSISDN) by presenting 3 different pieces of identification for each account. Each MonCash Account will be linked to the Customer's MSISDN.
  9. You must provide accurate and complete information during the registration process and keep this information up to date by updating your MonCash wallet as necessary.
  10. Digicel may reject your application at its discretion if you fail to comply with any of the account opening requirements and/or fail to provide satisfactory proof of identity.
  11. Digicel may, at its sole discretion, refuse to register or revoke the registration of any person on the MonCash system.
  12. You are fully responsible for all activities that occur on your MonCash Wallet, including any actions taken by persons to whom you have granted access to the MonCash Wallet.
  13. Digicel reserves the right to suspend or terminate the MonCash Wallet of any User who provides inaccurate, false, misleading or incomplete information.
  14. Digicel reserves the right to request additional information regarding your MonCash Wallet at any time. Failure to provide such information may result in limitation of use of the MonCash service, suspension or termination of the MonCash wallet.
  15. Types of MonCash accounts
    1. The two types of MonCash account are as follows:
      1. MonCash classic or mini wallet
      2. MonCash Max or full wallet
    2. Each user has the obligation to upgrade their MonCash account at any time, notwithstanding the completion of the required enhanced due diligence and the submission of any required additional documentation.
    3. Daily and monthly transaction limits will be determined by Digicel and may be changed at any time, in accordance with the relevant law and BRH regulations.
    4. Transaction limits can be found on www.digicelgroup.cpm or the Moncash application.
  16. Verification of information
    1. All users will be assigned a MonCash Mini Wallet account until submission of registration documents and completion of additional due diligence required for MonCash Full wallet.
    2. You hereby authorize Digicel, directly or through third parties, to make any request it deems necessary to validate your identity or authenticate your identity and account information. This may include the following:
      1. additional information, such as your date of birth, tax registration number, physical address and other information that will enable it to reasonably identify you;
      2. information or documentation about the use of your account
      3. the requirement for you to take steps to confirm the validity of your e-mail address, cell phone number or financial instruments;
      4. a credit report from a credit bureau,
      5. verification of your information against third-party databases or other sources; or
      6. a requirement that you provide your driver's license or other valid government-issued identification.
      In connection with your use of the Service, you may not refuse to:
      1. cooperate with an investigation of an activity that potentially violates the law or these Terms,
      2. provide confirmation of your identity, or
      3. provide confirmation of any information you provide to us.

4. MONCASH WALLET - USE

  1. Once your MonCash Wallet has been activated, you will be able to access the following Services:
    1. Cashing via one of our MonCash agents throughout the Republic of Haiti;
    2. Request and send mobile money via the P2P service;
    3. Withdraw via any MonCash agent;
    4. Make transfers from existing bank accounts to the MonCash account;v. Achetez des minutes prépayés Digicel;
    5. Buy Digicel prepaid minutes;
    6. Pay bills from all Billers accounts on our bill payment network;
    7. Pay for goods and services from all participating MonCash merchant accounts;
    8. Manage your account (e.g. check balance inquiries, change PIN, etc.); and
    9. Any other MonCash services that may be introduced by Digicel from time to time.
  2. MonCash Full Wallet Users may also access the following Services:
    1. Increasing wallet transaction limits, and
    2. Receive international transfers,
  3. MonCash users will be able to make payments via QR codes and any other available method.
  4. Users may request to block and/or unblock their MonCash wallet by contacting Moncash customer service.
  5. Digicel does not guarantee that all Mobile Money Services will be available to all Users at all times and may withdraw any functionality or the MonCash Service generally as a direct result of new or changed legislation, regulation or government policy or any other compelling reason.
  6. Use of any of the above services is subject to the corresponding terms of use for that service.
  7. Restrictions MonCash Classique or mini wallet.
    1. New MonCash Mini wallet accounts can be used to register for the Moncash service and only to receive money up to a certain monetary limit, but will not be able to carry out any other transactions or any of the other MonCash services or products listed in sections 4.1 and 4.2.
    2. MonCash Mini wallet accounts can receive international transfers.
    3. If you have a MonCash Mini Wallet account and an international money transfer is sent to you, you must upgrade your account to a MonCash Full wallet account in order to make withdrawals and other services.
    4. To upgrade your account, you will need to provide us with all the requested personal information and documentation required for the account upgrade.
  8. Transaction reviews
    1. Anti-money laundering and anti-terrorist financing laws may require us to verify required identification information if you use certain MonCash services. We reserve the right to close, suspend or limit access to your MonCash Wallet and/or the MonCash Services in the event that, after reasonable inquiries, we are unable to obtain the information about you necessary to verify your identity.
    2. If you refuse to provide us with the information we request or if we are unable to verify your identity to our satisfaction (at our discretion) for any reason, your MonCash account will remain a MonCash mini wallet account and will be subject to our inactive account policy.
    3. Examinations may result in:
      1. delay, blocking or cancellation of transfers;
      2. seizure of any money;
      3. use of money up to the amounts due as a result of your improper use of the Services, your conduct in violation of these Terms to compensate for losses we have suffered ;
      4. limit, suspend or terminate your account;
      5. seize money to comply with a court order, warrant or other legal process; or
      6. cancel money you have previously received (i.e., return it to the user who made the transfer).
  9. Restrictions on use.
    1. The use of your personal MonCash Wallet to carry out transactions on behalf of another person is prohibited and may expose you to criminal liability under the Anti-Money Laundering and Combating the Financing of Terrorism Act. You may not use or authorize the use of your MonCash wallet to carry out any transaction on behalf of any other person.
    2. You may not use the MonCash services for the receipt or payment of goods or services that violate or circumvent any law, including, without limitation, narcotics, firearms, obscene or pornographic materials or services, participation in pyramid or Ponzi schemes, infringement of third party intellectual property rights, organization of illegal or unauthorized lotteries, games or wagers as well as any morally repugnant material; the incitement of violence or the desire to cause harm; the induction of an unacceptable sense of fear or anxiety; the encouragement or inducement of any person to engage in dangerous practices or use harmful substances; the induction or promotion of tribal, religious or racial discord; the provocation of a serious or widespread offence; or the debasement, degradation or degradation of others.

5. MONCASH PORTFOLIO - FUNDS

  1. You may cash Mobile Money into your MonCash account by:
    1. Cash deposits at a MonCash Agent point of sale,
    2. Person-to-person transactions for MonCash Users,
    3. Direct deposits for payroll payments to enrolled companies,
    4. International money transfer from an authorized participating money transfer provider (MonCash Full wallet accounts only),
    5. Collection via an eligible bank account, or
    6. Any other acceptable means that Digicel can provide.
  2. All transactions will be denominated in the local currency, the Gourde.
  3. Customers will be able to carry out transactions only in the above-mentioned currency.
  4. All funds held in your MonCash account will be combined with funds from other MonCash users and placed in designated accounts with Digicel's custodian bank ("Custodian Account").
  5. The Depository Account will be in the name of Digicel.
  6. An equivalent amount of Mobile Money will be held in cash in the Depository Account.
  7. You agree that you will not receive any interest or other monies from funds that Digicel manages and places in pooled accounts. It is likely that Digicel will receive interest on funds held for its users. In consideration of your use of the MyCash Service, and knowing and fully understanding that Digicel will receive such interest, you irrevocably transfer and assign to Digicel all rights you may have to any interest that may accrue on funds held in Custodial Accounts.
  8. Subject to the prescribed transaction limits and the provisions of these terms and conditions, the balance in your MonCash account is refundable at any time and may only be used in accordance with your instructions given via the MonCash system.
  9. You acknowledge that Digicel will treat the records in the MonCash system as conclusive evidence of the amount of Mobile money in your MonCash wallet and Digicel is under no obligation to make any independent investigation of the amounts contained therein.
  10. Account statements
    1. You can view the last three (3) transactions on the MonCash Application and on the USSD code (*202#) free of charge.
    2. However, if you wish to view your statements for a longer period, you may choose from the following plans: 30, 60 or 90 days, which will incur a fee.

      For any additional period of 90 days, including other information available on our database, you must send an email to MonCash Customer Service. Additional charges may apply.
    3. All printed statements will incur a fee.

6. RESPONSIBILITY FOR ACCESS TO MONCASH

  1. Your MonCash wallet is linked to your cell phone number and is protected by a PIN code.
  2. You hereby agree to protect your PIN and not to disclose it to any third party, including MonCash agents, staff or anyone claiming to have the authority to request it. We will never ask you to disclose your PIN.
  3. You acknowledge that you are solely responsible for protecting your PIN, secret answers, password and all access controls related to your MonCash Wallet, and for restricting access to the Services from your compatible mobile devices and computers.
  4. You shall be liable for any loss suffered by you as a result of your failure to comply with this section. Digicel shall not be liable for any disclosure of your PIN to any third party and you hereby agree to hold Digicel harmless for any loss resulting from any disclosure of your PIN.
  5. You shall immediately notify Digicel of any unauthorized use of your password or MonCash Wallet or any other breach of security.
  6. You are solely responsible for all instructions given to Digicel regarding your MonCash Wallet.
  7. Digicel will consider each correct PIN entry to have been made by the owner of the MonCash Wallet and will consider all subsequent transactions to have been validly made by you.
  8. Limitation or Cancellation of Electronic Access. Digicel may cancel or limit your access to your MonCash account or Electronic Access without notice and without any liability if:
    1. Digicel suspects that use of your account or Electronic Access may result in a loss to you or Digicel;
    2. Digicel suspects you of fraudulent or inappropriate behaviour;
    3. Your MonCash account has been closed;
    4. The MonCash system or equipment malfunctions or is otherwise unavailable for use;
    5. Digicel believes that the security of your electronic access or the MonCash system and equipment may have been compromised; or
    6. Digicel is under a legal obligation to do so.

7. LOADING YOUR MONCASH ACCOUNT

  1. You may credit your MonCash Account and the MonCash Account of another User.
  2. In order to credit your MonCash Account, you must complete the information requested, including passing the validation and identity and security verification procedures to ensure that you are the account holder, and then remit the cash equivalent of the Mobile Money you wish to replenish the MonCash Account.
  3. After remitting the cash amount to the MonCash agent, you must ensure that you sign conclusive proof that you have successfully completed the deposit transaction.
  4. Deposits must be within the prescribed limit attached to the account level.

8. PERSON-TO-PERSON TRANSACTIONS

  1. When you access the P2P Service, you authorize us to access your account and transfer funds on your behalf.
  2. Sending Funds
    1. By initiating each payment instruction, you authorize us to debit your MonCash account and send such funds to your designated recipient (a "P2P Payment") immediately upon your request.
    2. If the balance in your MonCash Account is not sufficient to fully execute your Transaction request (including covering Transaction fees), the Transaction will not be completed and no Mobile Money will be debited from your Account.
    3. You understand and agree that when you successfully initiate a P2P payment instruction, processing begins and funds may leave your MonCash Account from the moment you initiate the payment instruction. In some cases, the transfer of funds may be delayed due to incomplete information or a threshold limit. You hereby authorize and direct us to hold such funds, whichever event occurs first, until the beneficiary has provided all required information or within a period not exceeding five (5) days.
    4. We will not incur any liability if we are unable to complete a P2P payment instruction due to:
      1. Inaccurate or insufficient payment instructions,
      2. failure by you or the recipient to provide any information requested by us,
      3. an inability to verify your identity or the identity of the Recipient to our satisfaction, or
      4. The threshold limit attached to the relevant MonCash account type has been exceeded for the day, week and/or month and the Recipient fails to upgrade their MonCash account, if applicable.
    5. Upon successful completion of your Transaction to another MonCash User, Digicel will immediately initiate the transfer of the Mobile Money to the other User's MonCash Account. Both you and the recipient will be informed by SMS of the status of your Transaction.
  3. Requesting funds
    1. MonCash Users may prevent other Users from requesting funds.
    2. Digicel reserves the right to terminate a User's MonCash Account if three (3) or more other MonCash Users have blocked the sending of requests through the User's MonCash Account.
    3. You may request funds to be transferred to you via the P2P Service by designating the amount of funds requested and the sender selected (a "Cash Request").
    4. If the Sender approves your Cash Request, your Cash Request will become the Sender's payment instructions and will be processed as described above.
  4. Receiving funds
    Any P2P Payment you receive via the P2P Service will be stored in your MonCash Account.
  5. Mobile Money Withdrawal
    1. Withdrawal at MonCash agents:
      1. After satisfying the identification control requirements conducted by a MonCash agent, you may cash out your mobile money at participating MonCash agents by accessing your MonCash account and following the instructions therein.
      2. All cash-out transactions must be initiated and carried out at the MonCash agent's premises.
    2. Digicel shall, subject to transaction limits, process requests made by you immediately after ensuring that the person making the cashout has passed all validation, identity and security verification procedures.
    3. In the event of a dispute regarding the receipt of funds, Digicel will only need to demonstrate a logical association between the Transaction and the identity verification and/or security procedures carried out to ensure the identity of the person entitled to the funds.
    4. Withdrawal fees are payable each time you withdraw funds from your MonCash account.
  6. Transactional SMS
    1. Each transaction you undertake will be accompanied by a unique reference number which will appear in the confirmation SMS sent to you and will include an updated balance of your MonCash wallet. This unique reference number can be used to track and identify transactions on your account and the SMS should not be deleted if it is necessary to do so.
    2. You hereby authorize Digicel, its Affiliates or any authorized third party to disclose any information necessary to process and send an SMS in order to perform the MonCash Services.
  7. Digicel shall not be obliged to reimburse or compensate any user if the Mobile Money Transfer is sent to a recipient in error or fraudulently or under duress and then exchanged for cash or otherwise spent by the recipient of the erroneous, fraudulent or duress Transaction and you hereby agree to hold Digicel harmless from any liability for any loss resulting from an erroneous, fraudulent or duress transfer of funds or any transfer of funds from your account made under duress or criminal force.
  8. Transaction processing restrictions
    Your transaction request will not be completed:
    1. If, as a sender, you do not have sufficient funds in your MonCash wallet to complete a transaction and cover transaction fees;
    2. If either User has reached the threshold prescribed by Digicel;
    3. If you have reached the daily limit prescribed by Digicel and in accordance with the relevant regulations in force;
    4. If your MonCash portfolio has been temporarily suspended or permanently frozen due to due diligence issues, money laundering issues or any other compliance-related reason;
    5. If there are other compelling reasons such as a delay or temporary system failure.
    6. A Transaction once completed is final and irrevocable. As such, Digicel shall not be obliged to cancel any Transaction.
  9. P2P service limits and fees
    1. If the amount sent exceeds the limit prescribed for the recipient's MonCash mini wallet account, the recipient will be asked to switch to a MonCash full wallet account and will be requ
    2. We may adjust these limits at any time at our discretion, in accordance with applicable law.
    3. Charges for the P2P service will be displayed at the time of the transaction.
    4. If the amount sent exceeds the prescribed limit and the account used is a MonCash full wallet account, the transfer will be refused and cancelled.
    5. We reserve the right to charge or change fees associated with the use of the P2P service at any time with reasonable notice, subject to these terms and conditions.
  10. Payment cancellations, stop payment requests and refused payments
    1. Our ability to stop or cancel a P2P payment instruction depends on how the payment instruction was initiated and whether the payment instruction has begun to be processed or has been confirmed.
    2. We are not obliged to stop, cancel or recover funds associated with a misdirected payment instruction.
    3. Digicel will only cancel or reverse transactions that have not been confirmed and for which processing has not been completed.
    4. Notwithstanding anything to the contrary in these Terms and Conditions, Digicel reserves the right, in its sole discretion, to cancel or reverse a Transaction if reasonable grounds such as manifest error or fraud are demonstrated and PROVIDED that the recipient has not cashed the Mobile Money and the claim for reversal is made within ONE (01) day from the date of the erroneous Transaction. Any processing of the claim will take place within seven (7) working days from the date of the claim.
  11. Risk of fraudulent transactions
    The P2P service is a money transfer service. Therefore, fraudulent transactions may result in the loss of funds without recourse.

9. PURCHASE OF GOODS AND SERVICES FROM THE MONCASH MERCHANT

  1. When you authorize a payment to a MonCash Merchant, the transaction will take place immediately, subject to technical problems with the system and cases of force majeure. In these cases, your payment may appear as a pending transaction in your MonCash wallet. In this case, your payment authorization will remain valid until the merchant completes the transaction and we may temporarily suspend the money in your MonCash wallet for the amount of the payment (but for no longer than 30 days).
  2. Customers may use MonCash-specific QR codes and any other available method to make purchases
  3. Costs and limits
    1. We may, at our discretion, impose limits on the amount or number of payments you may send for MonCash Merchant purchases. You can view any sending limits on our Transaction Limit page.
    2. Fees and limits may change from time to time at our sole discretion.
  4. Payment Summary
    1. We will review payments made by you at our discretion in accordance with section 4.8.
    2. When we identify a potentially high-risk payment to a MonCash merchant, we will notify the merchant and block the customer's account identified as high-risk. After review and investigation of the account in question by our risk team, Digicel reserves the right to unblock or permanently block or delete the customer's account.
  5. Refunds
    When you make a purchase from a MonCash merchant and in the event that a refund request is sent within ONE (01) day of the transaction date, the refund will be considered final when the money is returned to your MonCash wallet.

10.ERROR RESOLUTION

  1. For the purposes of this section, an "error" means the following:
    1. Where money is either incorrectly taken from your MonCash Wallet or incorrectly placed in your MonCash Wallet, or where a transaction is incorrectly recorded in your MonCash Wallet
    2. You send a payment and the incorrect amount is debited from your MonCash wallet.
    3. An incorrect amount is credited to your MonCash wallet.
    4. A transaction is missing or is not correctly identified in your account statement.
    5. We make a calculation or mathematical error related to your MonCash wallet.
  2. The following cases will not be considered as an error:
    1. If you give someone access to your MonCash Wallet by giving them your login information, and they use your MonCash Wallet without your knowledge or permission. You are responsible for transactions made in this situation.
    2. Invalidation and cancellation of a payment following the actions described in section 8.8.
    3. You request a statement of account, which we are obliged to provide.
  3. Invalid P2P payments
    1. If we believe that you have received a payment that should not have been made for any reason (for example, fraud), you authorize us to cancel that payment. We are not responsible for payments you receive, even if you do not know the sender.
    2. If you receive a P2P Payment and we later determine, in our sole discretion, that the P2P Payment was in error or invalid for any reason, you hereby authorize us to transfer funds from your MonCash Account in an amount equal to the P2P Payment.
    3. If you receive funds in error, you acknowledge that you will be obliged to return the funds to the defaulting sender, and Digicel may cancel the payment to the sender.
    4. You may be liable to prosecution for consuming or using funds sent to you in error.
    5. You acknowledge and agree that we will not be responsible for any P2P payments you receive, whether or not you have authorized the sender to send them to you.
    6. In the event of errors or questions concerning your electronic transfers:
      • Call us on 202
      • Contact us via the Help Center on the MonCash website, ClientsMonCash@digicelgroup.com,
      • Write to us at Unigestion Holding S.A. (Digicel), Att: Service Clientèle Moncash, 151, Av. Jean Paul II & Impasse Duverger.
    7.  
  4. If you wish to report an error, you must do so within ONE (01) day of the Transaction. All complaints or reports must be made by calling 202 or in writing to ClientsMoncash@digicelgroup.com and must contain the following:
    • Your name and account number.
    • Description of the error or transfer you are unsure about and a detailed explanation of why you think it is an error and what you expect
    • The amount in HTG of the suspected error.
  5. We will determine whether an error has occurred within 03 working days. If we need more time, however, we can take up to 7 days to investigate your complaint or question. We will notify you of the results on the next business day after we have completed our investigation. Please note that this investigation may reveal that a reversal of the same amount is possible or NOT.
  6. If we determine that there has been an error, we will promptly credit the full amount of the error to your account within ONE (01) business day of our determination. If you have already received a provisional credit, you will be entitled to withhold these amounts.
  7. If we determine that there has been no error, we will send you a written explanation and, if you have received a provisional credit, after giving you five (05) business days' notice of the date and amount of the debit, we will debit it from your account.
  8. Processing errors
    1. We will rectify any processing errors that we discover. If the error results in :
      1. you receive less than the correct amount to which you were entitled, we will credit your MonCash Wallet with the difference between what you should have received and what you actually received.
      2. you receive more than the correct amount to which you were entitled, we will debit your Moncash wallet for the difference between what you actually received and what you should have received.
      3. we do not complete a transaction on time or with the correct amount.
    2. If any of the above events occur, we will be liable to you for your losses or damages directly caused by such failure, unless:
      1. Delays resulting from our application of suspension or limitation.
      2. Delays based on a payment review or wire transfer review.
      3. Delays related to the time required for a purchase transaction to be completed in certain situations.
      4. Your errors during a transaction (for example, incorrectly entering the amount of money you are sending).

11. AMOUNTS PAYABLE TO US

  1. We may deduct amounts due to us, in whole or in part, from money subsequently sent to your MonCash Wallet, either by you or from payments sent to you.11.2. While you owe us money, we may:
    1. cancel payments sent by you,
    2. engage in collection and other efforts to recover such amounts from you, and
    3. place a limitation or take other action on your MonCash Wallet as necessary to recover amounts owed.

12. COMPATIBLE MOBILE DEVICES AND THIRD PARTY OPERATORS

Digicel does not guarantee that the Services will be compatible with your mobile device or operators outside Digicel's mobile network.

Your use of the Services may be subject to the terms of your agreements with the manufacturer or operator of your mobile device.

13. SUSPENSION, TERMINATION AND FREEZE

  1. Digicel reserves the right, at its sole discretion, to suspend or terminate the Agreement if you have entered inaccurate information, including incorrect security access controls.
  2. Your Account will be suspended if you have not been active on your MonCash Account for one (01) year. In the event of account suspension, Digicel will archive your MonCash Account. Money held to your credit will not be lost as a result of the archiving of your MonCash Account and will be available to you upon notification by you of the activation of a new cell phone number.
    3. or fraudulent activity.
  3. You acknowledge that Digicel may be compelled by law to suspend and/or freeze your MonCash account or refuse to fulfill your transaction requests if there are reasonable grounds to suspect that aMonCash wallet has been, is being or may be used to receive or send funds in connection with any criminal or fraudulent activity.
  4. If these Terms or your MonCash Wallet are terminated or suspended for any reason:
    1. all rights granted under these Terms will terminate,
    2. Digicel and/or its affiliates shall not be liable to you or any third party for any compensation, reimbursement or damages for any termination or suspension of the Services or for the deletion of your account information or data.
    3. Digicel may, at its discretion, close your MonCash wallet at any time for any reason by giving you one (01) weeks’ notice and making reasonable attempts to contact you. In such circumstances, you will be entitled to the balance of any funds remaining in your MonCash wallet upon presentation of valid identification confirming that you are the account holder.
  5. Digicel may send notices to you at any postal address you have provided, electronically, by SMS to your cell phone number with which you registered on the MonCash system or by email.
  6. This contract automatically terminates upon the death of the Customer who subscribed to the MonCash portfolio.
  7. Closing the MonCash wallet
    1. You may close your account at any time by contacting customer service at 202 or by sending an email to the following address ClientsMonCash@digicelgroup.com
    2. The customer service agent will verify the user using the registered KYC information.
    3. Digicel will only accept a closure request if the applicant can provide the following information:
      • Account number and balance
      • Valid identification of the owner
      • Another expanded account to transfer the balance to, if available.
      • The reason(s) for the request
    4. After verification by the User, the request will be recorded and within thirty (30) days, the Account will be definitively closed.
    5. Upon closure of the Account, certain Account information will be retained in accordance with the data retention policy set forth herein and in the Privacy Policy, or as required to comply with legal or regulatory obligations.
  8. Closing Moncash
    1. In the event that the Moncash license is terminated, voluntarily or involuntarily, Digicel will notify all customers of the termination of the service as follows:
      1. By sending an SMS, email and/or push notification in the application to the subscriber base.
      2. By publishing an end-of-service notice on the Moncash website.
    2. Notice to MonCash customers must be sent at least thirty (30) days ("Notice Period") prior to the effective termination date.
    3. During the Notice Period, the MonCash service will remain available to active customers in the same manner as it was offered prior to the Notice Period. Customers must be able to perform all activities except the following:
      1. Registration to one of the channels
      2. Any reload or cash-out transaction that would add funds to the MonCash portfolio.
    4. Within 10 days of the effective termination date, Digicel shall
      1. Make up to 3 further attempts to contact Users with an available balance to return funds; and
      2. Write off and settle all transactions.

      If funds remain available after 30 days from the termination date, Digicel will contact the customer

14. INDEMNITY

You will indemnify, defend and hold harmless Digicel, its affiliates and third party suppliers from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including, without limitation, reasonable legal fees) arising out of any claim, action, audit, investigation, demand or other proceeding brought by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties or obligations set forth in these Terms; (b) your misuse or improper use of the Services; (c) your violation of any applicable law; and (d) the access and/or use of the Services by any other party with your unique name, password or other appropriate security code.

15. DISCLAIMER

  1. Customer Representations and Warranties.
    You represent and warrant to Digicel that:
    1. you are at least eighteen (18) years of age ;
    2. you are a resident of Haiti; and
    3. you are eligible to register for and use the Services and have the right, power and authority to enter into and perform these Terms; and
    4. any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services;
    5. you and all transactions initiated by you will comply with all applicable laws;
    6. you will not use the Services, directly or indirectly, for any business fraudulently or in any way that interferes with the operation of the Services; and
    7. your use of the Services will comply with these Terms and any other applicable Terms.
  2. Representations and warranties of Digicel
    1. Digicel shall report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may refer the suspicious activity to the appropriate law enforcement authority.
    2. The MonCash wallet and MonCash services are provided "as is" and without any representation or warranty, express, implied or statutory. Digicel expressly disclaims any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
  3. Representations and warranties of Digicel
    1. Digicel shall report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may refer the suspicious activity to the appropriate law enforcement authority.
    2. The MonCash wallet and MonCash services are provided "as is" and without any representation or warranty, express, implied or statutory. Digicel expressly disclaims any implied warranty of merchantability, fitness for a particular purpose or non-infringement.
    3. Digicel makes no representation that:
      1. the MonCash wallet or any account contained therein is available for use outside of Haiti, or
      2. the MonCash services or any MonCash wallet content are appropriate or available for use outside of Haiti.

      If you choose to access your MonCash Wallet from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws, if and to the extent local laws are applicable.

    4. Digicel does not endorse, approve, guarantee or assume responsibility for any product or service advertised or offered by any third party.
    5. Digicel has no control over or responsibility for goods or services paid for using the MonCash services. We have no control over the products or services provided by MonCash Merchants, and we cannot guarantee that any MonCash User or MonCash Merchant with whom you deal will actually carry out the transaction or is authorized to do so. You acknowledge that MonCash Merchants are independent contractors and Digicel shall not be liable for any acts or omissions of MonCash Merchants.
    6. Subject to the foregoing, Digicel warrants that the MonCash Services will be provided with reasonable care and skill. If this warranty is breached, you must notify Digicel's customer service department as soon as possible. You must give Digicel a reasonable time to resolve the problem, for which the solution may include:
      1. providing you with a reasonable workaround that does not cause you material harm and/or
      2. re-performance of any relevant service.
    7. DIGICEL WILL ATTEMPT TO RESOLVE ANY PROBLEM AT NO ADDITIONAL COST TO YOU. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH ANY BREACH OR INTERRUPTION OF SERVICE AND NEITHER DIGICEL NOR ITS AFFILIATES SHALL HAVE ANY OBLIGATION OR LIABILITY IN CONNECTION WITH ANY BREACH OR INTERRUPTION OF SERVICE.
    8. Disclaimer of Liability
      1. If you have a dispute with another MonCash user, you release us from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
      2. By providing this release, you expressly waive any protection (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims you know or suspect to exist in your favor at the time of acceptance of this release.

16. DATA PROTECTION

  1. We will comply with our obligations under applicable data protection laws in relation to relevant data in our possession about you and will make available for inspection any information we hold about you in accordance with those laws.
  2. The privacy policy published on the MonCash system and updated from time to time applies to the use of your personal data.
  3. You hereby expressly consent to Digicel transferring your data to third parties, including its affiliates, for processing in order to provide any of the MonCash services.
  4. Disclosure. You hereby expressly consent and authorize Digicel to disclose any transaction data or information relating to your MonCash wallet to any law enforcement, investigative or regulatory authority, including, without limitation, the Unité de Lutte Contre la Corruption (ULCC), Banque de la République d'Haiti (BRH), Direction Générale des Impôts (DGI) or any competent anti-money laundering authority for the purposes of any serious investigation or inquiry or to any third party to whom you have separately, in writing or electronically via the MonCash system or otherwise, authorized Digicel to disclose transaction data or information concerning you or your use of the Wallet.
  5. You acknowledge that where your MonCash wallet is determined by a competent judicial authority to contain proceeds of criminal activity or money laundering, Digicel may be required by law to remit the funds in your account to any statutory fund established for the purpose of recovering the proceedings of crime.
  6. Data Retention. You acknowledge that Digicel may retain your Transaction Data for a period of up to seven (7) years or as required by any law or regulation.

17. LIMITS OF LIABILITY

  1. Digicel's liability: (a) for death or personal injury caused by its negligence; (b) for fraudulent misrepresentation or for any other fraudulent act or omission; (c) for breach of any implied legal condition relating to title to the goods supplied; (d) for any other liability which cannot be legally excluded or limited, is excluded and/or limited by these Conditions, even if any other provision of these Conditions would otherwise suggest that this might be the case.
  2. Neither Digicel nor its Affiliates shall be liable (whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for: (a) loss of profit; (b) loss of sales, turnover, revenue or business; (c) loss of customers or contracts; (d) loss or damage to reputation or goodwill; (e) loss of opportunity; (f) loss of anticipated savings; (g) loss of any software or data; (h) loss of use of hardware, software or data; (i) loss or waste of management or other personnel time ; or (j) any indirect, consequential or special loss arising out of or in connection with these Terms, whether or not such loss is foreseeable or the Party who would otherwise be liable for such loss has been advised of its possibility (and, for the purposes of this section, the term "loss" includes a partial loss or reduction in value as well as a complete or total loss).
  3. Neither Digicel nor its affiliates shall be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss, damage, expense or liability incurred or suffered as a result of: (a) the use of any Service other than for its normal intended purpose; (b) any adaptation ormodification of any Service or integration or combination with any other product or material not supplied by Digicel, in each case made by someone other than Digicel or without Digicel's express written consent; (c) Digicel's compliance with any design, specification or instruction provided by you on your behalf; and/or (d) any MonCash Merchant Content or Third Party Services.
  4. Subject to the first, second and third paragraphs of this section, Digicel's total liability arising out of or in connection with these Terms or their subject matter and anything done or not done by it in connection therewith (whether in breach of contract, (including negligence), breach of statutory duty or otherwise) shall be limited, for each event or series of related events, to the lesser of: (a) the total of all amounts payable by you under these Conditions in the three months immediately preceding the event giving rise to such liability (or, in the case of a series of related events, the first such event ); or (b) 500,000. 00 Gourdes

18. THIRD-PARTY PRODUCTS

Except as expressly provided in these Terms, any third-party hardware and other products included or sold with the Services are provided solely in accordance with the warranty and other terms specified by the manufacturer, which is solely responsible for service and support for its product. For service, support or warranty assistance for other third-party hardware or other products, you must contact the manufacturer directly.

19. ARBITRATION

  1. Any dispute between you and Digicel arising out of or in connection with these terms and conditions or any supplementary terms and conditions, including their interpretation, subject matter or termination, shall first be settled amicably. If an amicable solution fails, the dispute will be referred to and finally resolved by the competent court.
  2. The number of arbitrators shall be ONE (01). The place and seat of arbitration shall be Port-au- Prince, Haiti. The language to be used in the arbitration proceedings shall be French.
  3. To the extent permitted by law, the decision of the arbitrator shall be final, conclusive and binding on the parties hereto. Each Party shall be responsible for its own costs.
  4. For purposes of this arbitration provision, references to you and Digicel also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns and authorized users or beneficiaries of the Services.
  5. If any provision of this Arbitration Agreement is found to be unenforceable, the unenforceable provision shall be deleted and the remaining arbitration terms shall apply.

20. TIME LIMIT FOR INITIATING A DISPUTE

Any action or proceeding by you with respect to a dispute must be commenced within one (01) year after the cause of action has arisen.

21. ASSIGNMENT

These Terms and all rights and licenses granted hereunder may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

We may transfer or assign the MonCash system, these Terms or any rights or obligations under these Terms at any time to an Affiliate.

Digicel expressly disclaims any responsibility for such Web sites.

When you use a link from the MonCash Services to a third party website, Digicel's Privacy Policy is no longer in effect.

Your browsing and interaction on any third party website, including those linked from the MonCash Services, is subject to that website's own terms, conditions, rules and policies.

23. OTHER PROVISIONS

  1. These Terms and any applicable Additional Terms constitute the entire agreement between you and Digicel and supersede and cancel all prior agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
  2. You agree that there shall be no recourse in respect of any statement, representation, assurance or warranty (whether made inadvertently or negligently) that is not set out in this Agreement.
  3. You agree that there shall be no claim for unintentional or negligent misrepresentation or negligent misrepresentation based on any statement in these Terms and any applicable Additional Terms.
  4. If any provision of these Terms or any Additional Terms is invalid or unenforceable under applicable Law, then it shall be modified and construed to achieve the purposes of such provision to the maximum extent possible under applicable Law and the remaining provisions shall remain in full force and effect.
  5. These Terms do not limit any rights Digicel may have under trade secret, copyright, patent or other laws. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

24. CONSUMER FRAUD WARNING

  1. Digicel is always looking for ways to help you stay even safer. So stay informed about some of these most common scams:
    1. Accidental payment: a scammer sends you a fraudulent payment, claims it's an accidental payment and asks for the money back.
  2. Always use common sense when sending money. If something seems too good to be true, it probably is. Do not send money on behalf of others, but only on your own behalf. Please inform us immediately if you think someone is trying to scam or defraud you by contacting us.

25. ELECTRONIC PAYMENT SERVICE PROVIDER LICENSE

  1. Digicel is a licensed mobile payment service provider regulated by the Bank of the Republic of Haiti and the payment service is provided by Digicel in accordance with Digicel's license.
  2. MonCash is only a provider of electronic payment services. In no event shall Moncash:
    1. Act as a fiduciary agent for any money sent to you on MonCash that has not been transferred;
    2. Act as your agent or trustee;
    3. Enter into any partnership, joint venture, agency or employment relationship with you;
    4. Guarantee the identity of any user or seller;
    5. Determine whether you owe any taxes; or
    6. Unless expressly stated otherwise in this Agreement, collect or pay any taxes that may result from your use of our services.

26. SEVERABILITY.

If at any time any provision of this Agreement (or any part of any provision of this Agreement) is or becomes illegal, invalid or unenforceable, it shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of any provision only part of which is or has become illegal, invalid or unenforceable).

27. WAIVER.

Any waiver of a breach or default of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision, nor shall any delay or omission on our part to exercise or avail ourselves of any right, power or privilege act as a waiver of any breach or default on your part.

28. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Haiti, and the courts of the Republic of Haiti shall have exclusive jurisdiction to resolve any dispute arising hereunder.

29. NOTICE.

Except as otherwise expressly provided, any notice to be given by us to you in connection with the subject matter of this Agreement may be sent by e-mail or via the Applications.

30. PRIVACY.

Protecting your privacy is very important to us. Please review our privacy policy at www.digicelgroup.com to better understand our commitment to preserving your privacy, as well as our use and disclosure of your information.

31. CONTACT INFORMATION.

If you have any questions about this Agreement or complaints, or if you need assistance with the Applications or Services you have purchased, we are always here to help. Please contact us via the following email ClientsMonCash@digicelgroup.com or call 202.