Pesaby Terms & Conditions
These terms and conditions are issued by Pessars Limited Company and shall apply to all Pesaby
Services subscribers or you (“you” or “You”), a user of the Service. Pessars Company Limited
(“Pessars”), the owner and operator of www.pesaby.com (the “Pesaby Site”), the Pesaby
software and Pesaby Client (collectively, including all content available through the Pesaby
Client and Pesaby Site, the “Pesaby Service”, or the “Service”), BY USING THE SERVICE,
YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, CALCULATIONS
IN THE SOFTWARE AND ALL FINE PRINTS IN OUR FREQUENT ASKED QUESTIONS,
WHICH CAN BE FOUND AT http://www.pesaby.com/faqs/, https://pesaby.com/privacy-and-policy/
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you
may not use the Service.
DEFINITIONS
Pertner: Means a person or entity who successfully subscribes and can use any Pesaby Service
through any media. The term “Partner” shall include the said subscriber’s personal
representatives, successors in title and assignees as well as persons acting with the Partner’s
authority such as agents, servants or employees.
Account: Means Pesaby records of personal details, outstanding charges payable by and
payments received from Partner through an active Sim Card.
Account Holder: Means the Partner.
Active Sim Card: means a SIM Card that Pesaby services are enabled and are conducted
through it on a regular basis as per the defined activity rules.
Activation Date: Means the date on which the Partner successfully subscribes and can use
Pesaby Services.
Charges: Means the charges/fees for the use of Peaby Services as may be prescribed and
communicated by Pessars from time to time.
Contract: means the terms and conditions contained herein and as may be amended in writing
from time to time by Pessars.
Connection: Means the process through which a Partner is given access to Pesaby Services. The
term “Connected”, “Disconnected” and “Reconnection” mean the level of connection for a
Partner. Connected meaning active and transacting, disconnected meaning not active in the given
period while reconnections means has changed status from disconnected to connected.
PESSARS: Means Pessars Limited Company having its registered office at Chief House, Plot
No. 3940 Block A, New Bagamoyo Road, Tegeta, Dar- es- Salaam.
Pesaby: Pessars registered trade brand for offering its services. The term Pessars and Pesaby can
be used interchangeably to represent the company.
Mobile Phone: Means a device that can make and receive telephone calls over a radio link
whilst moving round a wide geographic area.
PIN: Means a unique Personal Identification Number used by the Partner to access Pesaby
Services.
Rights: Means copyright trademark and other relevant proprietary and intellectual property
rights relating to the content or contained in any software that is required and/or utilized by
Pessars to provide the Pesaby Services.
Pesaby/Mobile Contribution Management Service: means the services provided by Pesaby for
the issue and redemption of e-Money and the transfer of e-Money between Partners on the basis
of transfer instructions including the recording of all transactions, verifying and confirming all
transactions concluded and updating Partner Account records;
AML/CFT: Refers to Anti-Money Laundering and Terrorist Financing as defined by the
regulations in Tanzania.
Money Laundering: Involves taking criminal proceeds and disguising their illegal sources in
order to use the funds to perform legal or illegal activities
Terrorist Financing: Refers to the process of providing financing or financial support to
individual terrorists or terrorist groups using funds from legal or illegal sources
SIM CARD(s): Means the Subscriber Identity Module(s) provided to the Partner by MNO to
enable the Customer to access and to use e-money and related Services.
- COMMENCEMENT AND TERM
These terms and conditions shall apply to the Partner immediately upon subscription of the
Pesaby Services and shall continue in force at all times the Customer shall be using Pesaby
Services until the Pesaby account is closed.
- SUBSCRIPTION TO PESABY SERVICES
The Partner shall subscribe to the Pesaby Services by first registering their SIM Number and
authenticating and Providing their names or Occupation (optional). The overall process and the
minimum required documentation are defined by the regulator and Pessars and only acceptable
IDs by the regulator will be accepted.
Only an Active Partner may subscribe to, and use the Pesaby Service.
You can only register for Pesaby Services if you are an active MNO Subscriber.
Any MNO Subscriber may register for Pesaby Services with any smartphone in
Tanzania.
For purposes of registration, national ID will be required and your SIM Mobile number
will be required.
Transacting
Partner must authorize Pesaby transactions with a secret PIN which they create when
they register or by such other method we may prescribe from time to time.
Upon activation of a Partner account, he will be able to carry out the following
transactions:
o Cash deposits through an authorized MNO agent to get e-value on their phone
which he can use to:
o Send Money to Registered user of any MNO.
o Buy Airtime (or as may be changed in future by Pessars Company Limited).
The Partner can also use the wallet as an instrument for Bill payments and to purchase
goods and / or services.
Other account management transactions are also possible such as balance enquiry, a mini
statement or monthly statement and change own PIN.
The Partner can also enjoy all of the commercial services and propositions offered by
Pessars or any of its 3 rd Party Partners.
Transaction fees related to any Pesaby service are disclosed before any service is
rendered. For any assistance needed relating to fees, visit the website www.pesaby.co.tz.
By using Pesaby service the Partner accepts that they understood the fees applicable to
the transaction.
The Subscriber must ensure the completeness and correctness of the E-Money transaction
and confirm the balance in the wallet is in line with the transaction done before leaving
the agent premises.
The Subscriber will not be able to effect any transactions in the event that the Subscriber
does not have sufficient E-Money to meet the value of the transaction plus fees applicable
thereto.
It is the Subscriber’s responsibility to ensure the correctness of the Payees details and the
amount of transfer before effecting a transaction. Pesaby will not be liable in cases where
the funds have been utilized by the wrong recipient of successful transactions.
Transactions are subject to limits set and published by Pesaby from time to time as
instructed by the regulator. Any Transaction exceeding the set limit shall not be
processed.
The amount to be held in the Account at any particular time shall be subject to the limit
set by Pesaby as instructed by the regulator.
The Subscriber may obtain a pdf-statement of Account in-app for free
Pesaby service cannot be used for any fraudulent, negligent or for illegal activities.
Partners accept that funds that are transmitted through Pesaby have not been obtained
from any predicate offenses as defined by the Laws from time to time such as Money
Laundering, Terrorist financing, corruption, bribery, or any other offenses defined by
AML/CFT regulations.
Pessars shall not accept a transaction if:
o A Partner has not yet registered or been authorized or cleared to use Pesaby
Services or where such authorization has been withdrawn or suspended;
o The Transaction amount requested by the Partner is below the minimum or above
the maximum amounts for Pesaby transactions as per relevant regulations.
o The Partner has exceeded the Pesaby daily transaction limit as per regulations
o Pesaby becomes aware that the Partner is involved in illegal activities
- Charges/Fees and unclaimed balances
o Partner are charged for Pesaby Services at the fees published/informed
occasionally and updated from time to time on the Pesaby website.
o All charges and tariffs on the Services are subject to applicable taxes as per the
rules and regulations.
o Pessars reserves the right to vary the charges and tariffs at its discretion by
serving a prior notice to the Partner
o Where applicable, the charges shall be subject to foreign currency fluctuations.
o The Partner can request needed information regarding service charges at any time
through help center in app or on our office.
o Pesaby is not responsible for the prices of the services rendered by its partners or
any legal offence in relation to the laws of Tanzania.
- Security and Unauthorized Use
o Partner is responsible for the safekeeping and proper use of the secret PIN and for
all transactions that take place on Pesaby wallet with their PIN and they
indemnify us against any claims made in respect of such transactions. Note that
Pesaby will in no circumstance request the Partner to disclose the PIN at any point
o Partner should not share Pesaby PIN with anyone for any reason including Pesaby
staff. In case the Partner become aware that Pesaby PIN has been compromised,
he is advised to change the PIN immediately using the procedures described.
o In cases where your phone, SIM card or PIN has been stolen or you want to report
any suspected fraud or illegal activity, call on 073 556 4640 (Call Centre no) and
follow instructions. Pesaby will stop your account as soon as reasonably can.
Partner remains responsible for all transactions that occur until your account is
stopped.
o The Partner is responsible for all authorised and successfully transactions on the
Pesaby wallet and the losses incurred.
o Beware of the risk of social reengineering that has become common
- Closing your Account
o Pessars will close Partner account on receiving a request from the Partner.
o Pessars can also close a Partner account, restrict activity on your account or
suspend access to your account if in any way we know or suspect your account is
being used fraudulently, negligently or for illegal activities or if we must do so to
comply with the law.
o Pesaby can close your account if we believe that you are in breach of these terms
and conditions, are trying to compromise our systems or are unreasonably
interfering with any services provided by us.
o Pesaby may close your account if you are no longer a Pesaby subscriber or if you
do not use your account for a consecutive period of 90 days and any electronic
money will be transferred to a holding account. A Partner will be able to get
access to his / her electronic money by presenting him / herself in person to the
Pessars Service Centre/Office with written request and proof of identity.
o Upon suspension or disconnection of Pesaby Services, a Partner will be repaid
any sums in credit against his / her account less any applicable maintenance fee
by Pesaby.
o Pessars will not be responsible to you for any direct, indirect, consequential or
special damages arising from any act or omission by Pessars or any third party for
whom we are responsible, whether arising in contract, delict or statute, if we close
or suspend your account in terms of this clause. - SUSPENSION OF SERVICES
o Pessars may at any time suspend the Service, in whole or in part and without
liability under the following circumstances;
should Pessars be unable to provide the Service, in whole or in part,
whether due to force majeure or otherwise through no fault of its own; or
should a license or an agreement in terms of which Pessars derives its
rights and ability to provide the Service, be suspended, cancelled or
terminated; or
should such suspension of the Service be necessary in order to facilitate
any repairs, modification, maintenance, improvement or remedial works in
respect of the system; or
should the Client fail to comply with these terms and conditions; or
should the Client use equipment that infringes or is alleged to infringe on
the intellectual property rights of Pessars or any third party.
should Pessars give a notice to a Partner after such unforeseen event has
happen as stipulated in clause 7.1.1 and also shall provide a notice before
any event mentioned in clause 7.1.3
o Should the Service be suspended by reason of default of the Client, the Client
shall be liable to Pessars for any and all direct and indirect losses and damages
suffered.
- THE PARTNERS’S OBLIGATIONS
The Partner agrees and covenants:
7.1 Not to assign or transfer the service, SIM card or personalized telephone number to any
person without the prior written consent of PESSARS and MNO.
7.2 That the Partner acknowledges that the SIM card and the rights therein shall at all times
remain the inalienable and non-transferable property of MNO.
7.3 That the Partner shall at all times remain responsible for confidentiality of any
information or data received or transmitted by the Partner using the Pesaby platform and the
Partner agrees to notify PESSARS immediately of any suspected unauthorized use of the Pesaby
Services. The Customer acknowledges that PESSARS shall not be liable for any loss the Partner
may incur as a result of the unauthorized use of the Service without the Partner’s knowledge.
7.5 That in the event of loss or theft of the SIM card whether or not the SIM card was
inserted in a handset at the time of such loss or theft the Partner shall notify PESSARS using the
designated telephone number or visit the PESSARS outlets requesting that the subscription be
suspended or deactivated and shall immediately thereafter confirm the report of loss or theft in
writing to PESSARS accompanied by an original police abstract to verify the loss or theft.
7.7 The Partner shall in the event of loss or theft of the SIM card or mobile phone as
aforesaid remain responsible and accountable to PESSARS for use of the Pesaby services up to
and including the date on which the Partner Account(s) is suspended by PESSARS.
7.8 To indemnify PESSARS in full for all the charges that PESSARS may incur or suffer by
reason of re-activating the account arising as a result of any fraudulent claim.
7.9 The Partner confirms and warrants that he has the capacity to enter into this contract and
to perform his obligations as herein set out.
7.10 The Partner further warrants and confirms that information and particulars given to
PESSARS are true and he shall notify PESSARS immediately in writing of any changes and the
he undertakes to provide PESSARS with information or documents required by PESSARS from
time to time.
7.11 The Partner confirms that their liability under the contract shall be joint and several in
cases where the PARTNER is more than one person.
7.12 The Partner confirms that he/she shall not use the Services for any criminal or immoral
purposes and shall be solely responsible for any consequences arising from such criminal or
immoral use of the Services.
7.13 The Partner indemnifies and holds PESSARS harmless against all and any loss, liability,
actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct,
indirect, special or consequential damages), and whether in an action based on contract,
negligence or any other action, arising out of or in connection with the failure or delay in the
performance of Services offered, or the use of Services.
7.14 For Services that requires password/security credentials/ PIN such as Pesaby, the
PARTNER undertakes to keep all passwords/security credentials/ PIN secure and warrant that no
other person shall use Services utilizing the Partner’s password/security credential/PIN, and the
Partner further acknowledges responsibility for ensuring that no unauthorized access to Services
is obtained using the Partner’s password/security credential/PIN, and that the Partner shall be
liable for all such activities conducted pursuant to such use and any loss incurred whether
authorized or not.
- PESSARS’ OBLIGATIONS
8.1 PESSARS undertakes subject to these Terms and Conditions to provide the Services to
the PARTNER.
8.2 PESSARS shall make available to the PARTNER from time to time a coverage map
indicating the Covered Area.
8.3 PESSARS shall from time to time publish charges and tariffs applicable to the Services.
8.4 PESSARS shall keep the PARTNER information and communications confidential
subject to exceptions provided herein or as may be provided in any statutory law. - PRIVACY STATEMENT
9.1 PESSARS and all its associated companies are committed to respecting the privacy of the
PARTNER’S personal data. To demonstrate PESSARS’ commitment, PESSARS has created this
Privacy Statement in order to communicate its intent to provide effective processes for the
appropriate handling of private information and to comply with applicable legislation that
governs the authentication, protection and disclosure of personal information.
9.2 PESSARS has implemented technology, policies and processes aimed at protecting the
confidentiality, integrity and availability of the PARTNER’S personal information. PESSARS
shall update and refine these measures on an ongoing basis. PESSARS assumes no responsibility
or liability of any nature whatsoever for the interception or loss of personal information beyond
PESSARS’ control.
9.3 PESSARS does not distribute any of the PARTNER’S personal information to third
parties unless it’s requested by the PARTNER or it’s legally required to do so by a statute. For
avoidance of doubt and clarity, PESSARS may be obliged to disclose personal information to
meet any legal or regulatory requirements of applicable laws.
9.4 PESSARS reserves the right to amend or modify this Privacy statement at any time in
response to new privacy legislation.
9.5 Monitoring or recording of the PARTNER communications such as SMS’s may take
place as required by law or for business purposes to the extent permitted by law.
- GOVERNING LAW
These terms and conditions shall in all aspects be governed by the laws of Tanzania. - MISCELLANEOUS
11.1 These terms and conditions are severable, in that if any provision is determined to be
illegal or unenforceable by any court of competent jurisdiction, then such provision shall be
deemed to have been deleted without affecting the remaining provisions of the terms and
conditions.
11.2 Failure by PESSARS to exercise any particular rights or provision of these terms and
conditions shall not constitute a waiver of such right or provision, unless acknowledged and
agreed to by PESSARS in writing.
11.3 These terms and conditions, as varied by PESSARS from time to time constitute the sole
agreement between the PARTNER and PESSARS. Where a specific agreement has been signed
between the PARTNER and PESSARS which contain similar terms and conditions the
provisions of such specific terms and conditions shall take precedent in the event of conflict or
inconsistency.
12 What to do when you need assistance
12.1 In cases of any assistance from Pesaby, Call 073 556 4640 (Help center). For more details
on transaction reversal, visit https://www.pesaby.tz/self-care
12.2 In cases where the Help center is unable to assist you and you need to make an escalation to
complain@pesaby.tz mentioning in detail the issues when and where it happened.
12.3. In cases where you are not satisfied with the overall Experience with Pesaby or the issue is
still unresolved after intervention from Pesaby Management, you are advised to contact TCRA or
BOT.