Scrooge Wallet Success.
Registered Customer Terms & Conditions
IMPORTANT:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR
OR USING THE SCROOGE WALLET SERVICE AS THEY FORM A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND SCROOGE WALLET SUCCESS INTERNATIONAL INC. IMPORTANT:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR
OR USING THE SCROOGE WALLET SERVICE AS THEY FORM A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND SCROOGE WALLET SUCCESS INTERNATIONAL INC.
These
Terms and Conditions, including any policies or schedules referenced to
herein (together the “Agreement”), is a legal agreement between you and
Scrooge Wallet Success, Inc. (“SWS”) for the provision and use of the
Scrooge Wallet Services. By subscribing and participating in, or by
continuing to use the Scrooge Wallet Services, you are deemed to have
made an affirmative statement of your unconditional acceptance of the
terms and conditions of this Agreement. If you do not agree to be bound
by this Agreement, do not proceed to register for or continue to use the
Scrooge Wallet Services.
1. THE SCROOGE WALLET SERVICES
1.1.
SWS provides mobile money transfer and payment services whereby
customers such as you may use their mobile device to, among other
things, make deposits, transfer funds, make payments for products and
services, and withdraw cash at participating agents and merchants using
their Scrooge Wallet Success account (the “Scrooge Wallet Services”).
Additional information regarding the use and functions of the Scrooge
Wallet Services may be found at
www.scroogews.com.
1.2.
Scrooge Wallet Services are available to all subscribers of a licensed
mobile network operator Internationally as determined by SWS in its sole
discretion thereof and upon completion of the SWS registration form and
acceptance of the terms and conditions of use of the services. You may
visit a Scrooge Wallet Success agent to register an Account. SWS may in
its absolute discretion restrict, refuse to register, or revoke the
registration of any person. SWS may, in its absolute discretion,
restrict, refuse to register or revoke the registration of any person
without any need for prior notice and/or explanation. It should be noted
that when submitting an online application, signifying acceptance of
the Terms and Conditions has the same effect as a written signature on
an Account application form.
Your Account is linked to one mobile number and that mobile number represents your Account number.
1.3.
SWS may impose limits on the amount of funds transferable per
transaction or within specified time periods and the total amount that
may be held in your account, as well as
create other restrictions or requirements regarding the use of, and eligibility to use, the Scrooge Wallet Services.
1.4.
To provide the Scrooge Wallet Services, SWS, the Scrooge Wallet Success
agents, merchants and service providers will collect and use
information about you, including your personal information. By using the
Scrooge Wallet Services, you acknowledge and agree that SWS and the
Scrooge Wallet Success agents, merchants and service providers may share
and use your personally identifiable information between and among SWS,
the Scrooge Wallet Success agents, merchants, and service providers,
including your mobile service providers i.e. Digicel, BMobile, ENet, One
Communication, Moreover, you acknowledge and agree that SWS shall have
the right to monitor your account usage and may disclose personal
information to law enforcement or investigative agencies, or competent
governmental or regulatory agencies, to the extent required by law or
regulation, to assist in the prevention, detection, or prosecution of
criminal activities (e.g., money laundering).
1.5.
Customers will be informed from time to time of any additional features
of the Scrooge Wallet Services that may be offered by SWS, and where
necessary, the applicable means
or requirements to activate any such features.
1.6.
You acknowledge and agree that SWS may treat the records of the Scrooge
Wallet System as conclusive evidence of the amount of E-money at any
time standing to the credit of your Account.
1.7. By utilizing the AutoPay, you understand and agree that you are authorizing SWS to
automatically
charge your renewal amount and any add-on charges (if applicable) to
your account. Any available funds in your account will be used first and
if you do not have sufficient funds, you understand and agree that your
payment will fail. You understand and agree that SWS may discontinue
processing of recurring charges if SWS is unable to secure funds from
your Scrooge Wallet Success Account for the payments you have authorized
due to, but not limited to, insufficient funds, or insufficient or
inaccurate information provided.
1.8.
Pursuant to Clauses 1.6 and 1.7, you understand and agree that SWS will
not be liable to you, if an AutoPay transaction fails for any reason
whatsoever including without limitation insufficient balance in the
Scrooge Wallet Success account, a biller’s inability to process a
payment, system failure, etc. SWS does not give any representation or
warranty-whether express, implied, statutory, or otherwise – as to
description, quality, merchantability, completeness, non-infringement,
or fitness for a particular purpose of the AutoPay service.
Specifically,
SWS does not represent, warrant, or guarantee that the operation of the
AutoPay service will be uninterrupted or error-free.
1.9.
You understand and agree that SWS will not be liable for any claims,
damages, or other losses, resulting from your failure to use the AutoPay
service as intended, your failure to provide accurate and complete
information to enable SWS to process your payment properly, a biller’s
rejection or failure to process a transaction, loss of data in
transmission or termination or suspension of the AutoPay service.
2. STARTING AND MAINTAINING A SCROOGE WALLET SUCCESS ACCOUNT
2.1. To open a Scrooge Wallet Success account, you must:
a) be eighteen (18) years or older with full legal capacity to enter binding
legal contracts or have a cosigner;
b) have an active mobile service
c) Scrooge Wallet Success Inc. Registered Customer Terms & Conditions
d) provide all the required documentation, including but not limited to your
passport or National ID Card (which will be copied) and proof of address and
e) accept the terms and conditions.
2.2. SWS reserves the right to reject any application if any of the account opening
requirements are not complied with or if you fail to provide us with satisfactory proof of
identification and address.
2.3.
You agree not to provide any false, inaccurate, incomplete or
misleading information and accept that such behaviour may constitute a
criminal act.
2.4. You
have an obligation to ensure that your registration details are kept
fully up to date. Scrooge Wallet reserves the right to request further
information pertaining to your Scrooge Wallet Success account at any
time and your failure to provide such information may result in
limitation on your use of the services, suspension or termination of
your Scrooge Wallet Success account.
2.5.
Using your Scrooge Wallet Success account to conduct transactions on
behalf of another person is prohibited and may expose you to criminal
liability. You may not use, or permit the use of your Scrooge Wallet
Success account, to carry out any transactions on behalf of any other
person.
2.6.
Notwithstanding the generality of the foregoing, a parent or legal
guardian may open and maintain a Scrooge Wallet account in parent or
guardian’s name for and on behalf of a minor and the parent is
responsible for all use of such Scrooge Wallet accounts.
3. SECURITY
3.1.
You will use a Personal Identification Number (“PIN”) to access the
Scrooge Wallet Services and your Scrooge Wallet Success account. You
hereby acknowledge and agree to safeguard the confidentiality of your
PIN and not to disclose your PIN to anyone.
3.2.
You acknowledge and agree that you shall be solely responsible for the
security and safety of your PIN and that SWS shall not be liable in any
way for any disclosure of your PIN to any third party and you hereby
agree to hold SWS harmless from all losses that arise from any PIN
disclosure.
3.3. You are
responsible for all instructions given to Scrooge Wallet in relation to
your account and SWS shall deem each correct PIN entry as the initiation
of a transaction being performed by the legitimate owner of the Scrooge
Wallet account and shall regard all such transactions as validly
performed by you.
4. TRANSACTIONS AND RECORDS
4.1.
You are strictly responsible for all transactions conducted on your
Scrooge Wallet Success account. You must ensure that your mobile device
and your PIN are always secure. Loss of your mobile device and any
access or use of your Scrooge Wallet Success account by someone other
than you or loss or disclosure of your PIN to others, should be immediately reported to
Scrooge Wallet via its Call Centre number.
4.2.
You acknowledge and agree that the SWS may treat the records of the
Scrooge Wallet system as conclusive evidence of the amount of the funds
held in your Scrooge Wallet Success account and that the SWS is not
bound to make any independent investigation of your credit balances.
4.3.
Subject to the provisions of this Agreement, and with certain
limitations identified herein such as governmental or law enforcement
action regarding your Scrooge Wallet Success account, the funds in your
Scrooge Wallet account are redeemable at any time and shall be disposed
of only in accordance with your instructions given through the Scrooge
Wallet system. You
acknowledge and agree that SWS is not a bank or a deposit-taking institution and
assumes no responsibility for such instructions.
5. FEES FOR THE SCROOGE WALLET SERVICES
5.1.
You will be charged for your use of the Scrooge Wallet Success services
at rates established by SWS. All Scrooge Wallet charges are denominated
in your local currency by default unless selected otherwise for USD
account or Crypto and are set out in a separate Schedule of Charges,
available online at
www.scroogews.com.
5.2. Upon completion of a transaction utilizing funds from your Scrooge Wallet account, the
Scrooge
Wallet Services fee will be charged and deducted from your Scrooge
Wallet account and, where applicable, will be inclusive of the VAT at
the rate set by the Government.
5.3.
The Scrooge Wallet Services fees and charges are subject to change from
time-to-time at SWS’s sole discretion. If SWS increases or introduces
new charges, details will be made available prior to implementation.
6.
NO INTEREST - YOU ACKNOWLEDGE AND AGREE THAT NO INTEREST WILL BE PAID
ON ANY FUNDS IN YOUR MOBILE MONEY ACCOUNT UNLESS PLEDGED TO OUR FIXED
DEPOSIT INVESTMENT PROGRAM.
7. SUSPENSION AND TERMINATION OF THE SCROOGE WALLET SUCCESS ACCOUNT
7.1. SWS reserves the right to suspend or terminate the Money Services and/or this
Agreement
immediately if you use the Scrooge Wallet Services or your Scrooge
Wallet Success account in breach of this Agreement.
7.2.
SWS may suspend or terminate your account if it has been inactive for a
period of three (3) months, or such other time as may be prescribed
from time-to-time. In the event of account suspension or termination for
reason of inactivity, SWS shall archive your account and all
non-promotional funds and advise to recycle the mobile telephone number
associated with your Scrooge Wallet Success account as required by law.
7.3.
You may request at any time that your account be closed by giving
written notice to SWS through its Call Centre or online via SWS’s
website.
7.4. SWS may, at
its discretion, close your account at any time for any reason upon
giving one (1) week’s notice to you and making reasonable attempts to
reach you via SMS.
7.5. This Agreement terminates automatically upon the death of the registered customer. In
which
case next of kin will be entitled to claim funds in the account
provided that the requisite legal documents have been submitted.
7.6.
None of the foregoing actions in this Section 7 of the Agreement will
cause you to lose any money held to your Scrooge Wallet account. The
funds can be claimed by:
(i) an application for a refund written to SWS;
(ii) provision of valid identification; and
(iii) provision of proof of your registration or ownership of the Scrooge Wallet Success account to be redeemed.
8. GOVERNMENTAL OR LAW ENFORCEMENT ACTION AGAINST THE SCROOGE WALLET SUCCESS ACCOUNT
8.1.
You hereby expressly consent and authorize SWS to disclose any
transaction data or information pertaining to your Scrooge Wallet
Success account to any law enforcement, investigative or regulatory
authority.
8.2. You
acknowledge and agree that where your Scrooge Wallet Success account is
determined by a competent governmental, judicial or law enforcement
authority to contain the proceeds of any criminal or money laundering
activities, SWS may be required by law to surrender the funds in your
Scrooge Wallet Success account as directed by such authority. IF SWS IS
REQUIRED TO TURN OVER THE FUNDS IN YOUR SCROOGE WALLET SUCCESS ACCOUNT
TO A GOVERNMENTAL AUTHORITY, YOU ACKNOWLEDGE AND AGREE THAT SWS IS NOT
RESPONSIBLE TO YOU REGARDING THE RETURN OF SUCH FUNDS.
8.3.
You acknowledge and accept that SWS shall report any suspicious account
activity to the relevant law enforcement authority and that SWS may be
compelled by law to suspend and/or freeze your Scrooge Wallet Success
account or decline to execute your transaction requests if there are
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, fraudulent or
other similar activity.
9. WARRANTY DISCLAIMER
9.1.
SWS does not warrant that all the functionality of the Scrooge Wallet
Services will always be available. SWS may withdraw any functionality of
the Scrooge Wallet Services at any time. SWS makes no representations
or warranties as to continuous, uninterrupted or secure access to the
Scrooge Wallet Services, which may be affected by factors outside SWS’s
control, or may be subject to periodic testing, repair, maintenance or
upgrades.
9.2.
SWS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SWS MAKES NO
WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
10.LIMITATION OF LIABILITY
10.1.
SWS is not liable for any direct, indirect, incidental, exemplary,
consequential, special or punitive damages or losses relating to the
Scrooge Wallet Services or this Agreement.
Furthermore,
SWS, the Scrooge Wallet Success agents, merchants and service providers
(and their officers, employees, contractors and agents) will not be
liable to you or anyone else for any claims, costs, damages, losses or
other liabilities of any kind arising in any way from the Scrooge Wallet
Services. SWS, on behalf of itself and the Scrooge Wallet Success
agents, merchants and service providers, 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:
a) transactions made to unintended recipients or payments made in incorrect
amounts due to the input of incorrect information by you;
b)
transactions made from your Scrooge Wallet Success account by an
unauthorized third party who passes all identity and verification
checks;
c) any fraud, deception or misrepresentations by any person, whether the person
has been verified;
d)
any damages resulting from a recipient’s decision not to accept or
record a transaction made through the Scrooge Wallet Services system;
e) (v) failure of any other telecommunications or data transmission system other
than the Scrooge Wallet Success system; and
f) any result of any acts of government or regulatory authorities, any act of God
or force majeure.
10.2.
This Section creates rights and obligations that SWS, the Scrooge
Wallet Success agents, merchants, and service providers can each enforce
as an affirmative defence or otherwise.
10.3.
If, despite the foregoing, any liability is assessed against SWS,
Scrooge Wallet Success agents, merchants and service providers (and
their officers, employees, contractors and agents), such liability shall
not exceed the maximum account balance limit in force for any single
event or series of events.
10.4.
You acknowledge that the Scrooge Wallet Success agents, merchants and
service providers are independent contractors and that SWS shall not be
liable for their acts or omissions.
11.INDEMNIFICATION. - You will indemnify and hold harmless SWS and its affiliates, the
Scrooge
Wallet Success agents, merchants and service providers from and against
all claims, costs, losses, damages, judgments, and other expenses
arising out of:
(i) your actual or alleged breach of this Agreement; or
(ii) your illegal, fraudulent, or improper use of the Scrooge Wallet Services including fraud.
12.DISPUTES
12.1.
SWS’s Customer Care Manager shall handle all complaints in accordance
with SWS’s standard complaint handling procedures. The parties shall
attempt to resolve all disputes
by SWS’s dispute resolution process, and you hereby agree to fully participate in that
process.
12.2.
Any dispute arising out of or in connection with this Agreement that is
not resolved by SWS, or the dispute resolution process shall be
resolved by arbitration by a single arbitrator to be appointed by
agreement between you and SWS. Such Arbitration may be initiated by
either party upon the conclusion of the dispute resolution process. No
arbitration may be initiated by you more than 60 days after the
conclusion of the dispute resolution process. The determination of the
arbitrator shall be final, conclusive and binding upon you and SWS.
12.3.
Each party waives its rights to a trial by jury of all claims related
to this Agreement. All claims between the parties related to this
Agreement will be arbitrated individually and
the parties will not consolidate or seek class treatment for any claim.
13.INTELLECTUAL
PROPERTY- All intellectual property rights in the Scrooge Wallet
Service, including but not limited to trademarks and logos, are the sole
property of SWS and/or the Scrooge Wallet Success agents, merchants, or
its third-party service providers and any unauthorized reproduction,
modification, distribution or republication of such materials or
intellectual property, without the express prior written consent of SWS
is strictly prohibited.
14.FORCE
MAJEURE - SWS shall not be liable to you for any delay or failure to
perform its obligations under this Agreement because of civil disorders,
strikes, labour disputes, 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 SWS’s control.
15.NOTIFICATIONS - SWS may use text messages or any other reasonable means of
notice
to you regarding variations of charges, terms, pricing plans, your
Scrooge Wallet Success account, transactions or other matters regarding
this Agreement or the Scrooge Wallet Services. SWS may use text messages
or any other reasonable means of notice to you regarding any matter
relating to this Agreement.
16.MISCELLANEOUS PROVISIONS
16.1.
You must not use the Scrooge Wallet Services 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 property rights or
illegal gambling.
16.2. You may not transfer any rights or obligations you may have under this Agreement.
16.3.
The Scrooge Wallet Services are void where prohibited by law. If any
part of the Agreement is found to be unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain
enforceable according to its terms. The failure to enforce any term of
this Agreement on one occasion shall not prevent enforcement on any
other occasion or the enforcement of any other term.
16.4.
This Agreement (including any policies or schedules referenced to
herein) constitutes the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all
prior terms whether made orally or reduced to writing. SWS may amend,
update or replace these terms and conditions of this Agreement or
policies affecting your usage of the Scrooge Wallet Services from time
to time and your continued.
Use
of the Scrooge Wallet Services shall be deemed to be your acceptance of
all such varied terms and conditions or policies. If you wish to review
a copy of the Agreement, it may be found on the SWS website.
17.CONTACT SWS - If you have any questions about the Scrooge Wallet Services,
mobile device.