Terms and Conditions of Use for the « Moov Money » Digital Wallet

Article 1. Preamble

Moov Money Mauritel S.A. (Moov Money) is a public limited company with a capital of 20,000,000 Ouguiyas, headquartered at 562 Avenue du Roi Fayçal, Nouakchott, Mauritania. Moov Money Mauritel S.A. operates as a payment institution in accordance with the license granted by the Central Bank of Mauritania, referenced as 23GR2023. It offers its clients an electronic wallet called « Moov Money, » governed by these General Conditions.

Article 2. Definitions

• “Payment Institution”: Refers to Moov Money Mauritel S.A.
• “General Conditions”: Refers to this document.
• “Client”: Refers to any person holding a payment account opened with Moov Money Mauritel S.A. who has subscribed to the electronic wallet service of the payment institution.
• “Service”: Refers to the electronic wallet service “Moov Money.”
• “Moov Money”: Refers to the electronic wallet of Moov Money Mauritel S.A., allowing for remote account opening and the execution of a range of transactions.
• “OTP”: Acronym for “One Time Password,” a unique secret code. This code serves as an authenticator meeting the security criteria established by Moov Money Mauritel S.A. and is intended to secure the operation for which it was generated. This code can only be used once.
• “Access Code”: Refers interchangeably to the identifier, password, and any other code or key that meets the security criteria established by Moov Money Mauritel S.A., aimed at identifying and authenticating the user to access their personal space.
• “Personal Space”: Refers to the environment accessible via access codes through the application, for users holding accounts opened with Moov Money Mauritel S.A. who have chosen to benefit from Moov Money services.

Article 3. Purpose

The purpose of these General Conditions is to define the terms of use and access to the Moov Money service, in compliance with the provisions of the applicable regulations.

Article 4. Access Conditions

4.1 Acceptance of General Conditions

The Client must expressly accept these General Conditions and validate their personal phone number as well as their National Identification Number (NNI) in accordance with applicable regulations to benefit from the services offered. Access to the Service is contingent upon prior acceptance of the General Conditions of Use and any subsequent modifications by the Client. An account is opened in the books of Moov Money Mauritel S.A. after acceptance of these General Conditions.

4.2 Modification of General Conditions

Moov Money Mauritel S.A. reserves the right to add or modify its Services at any time based on technological advancements and applicable regulations. The Client acknowledges having received all necessary information regarding the services offered by Moov Money Mauritel S.A. and fully agrees to these General Conditions.

4.3 Customer Due Diligence File

The payment institution disclaims any responsibility in the event of inability to access the service. Furthermore, access to the Service is subject to the validation of the Customer Due Diligence (KYC) file. Clients who opened their account remotely can perform transactions within the « MOOV Money » Service, subject to limits set by the competent authorities. Clients who opened their account by providing only their NNI are allowed to conduct all types of transactions, but are limited to a maximum of 5,000 MRU for withdrawals and transfers. To lift this limit, clients are encouraged to complete their authentication either by visiting an agent with a photo ID, a copy of their identification document, and a signed copy of the contract, or through the biometric authentication feature of the MOOV Money application.

Article 5. Operation

5.1 Account Status

The account must maintain a sufficient credit balance to enable withdrawals, payments, and transfers, including fees, within the limit of the available balance.

5.2 Retention of Accounting Documents

In accordance with applicable regulations, the payment institution retains accounting documents related to transactions recorded on the account for a period of 10 years.

5.3 Security and Device and Phone Number Validation Procedure

The Service is linked to a unique phone number and device, identified when establishing the relationship. Any change of device must be validated beforehand using a one-time password (OTP) before executing any new transaction. To change the phone number, access to the initial number is required, where a confirmation code will be sent via SMS.

Article 6. Enforceability

6.1 Commencement of Enforceability

These General Conditions are enforceable against the Client upon acceptance, evidenced by electronic validation via the mobile application or the physical signature of the registration form.

6.2 Modification

The payment institution reserves the right to make any modifications to these General Conditions that it deems necessary and/or useful. It may also amend all or part of the document to adapt it, particularly to changes in its operations, regulatory developments, or changes in the services offered.

6.3 Duration of Enforceability

These General Conditions remain enforceable for the entire duration of the product’s use and until new General Conditions of Use replace the current ones. The payment institution will communicate the new General Conditions of Use to the client by any means, effective from their date of entry into force.

6.4 Prevalence of Online Conditions

The General Conditions available online at www.moov-money.mr and on the Moov Money mobile application take precedence over any printed version dated earlier.

Article 7. Anti-Money Laundering and Counter-Terrorism Financing

The Client acknowledges being informed that, due to specific penal provisions regarding money laundering from drug trafficking or laundering the proceeds of any crime or offense, the payment institution may request information regarding the objectives and conditions for executing any transaction that appears unusual, particularly due to its amount, method, or exceptional nature. The payment institution is obligated to report any suspicious transactions to the competent authorities.

Article 8. Transactions

Subscribing to the electronic wallet Service allows the Client to:

• Transfer funds from their « Moov Money » account to other accounts in Mauritania.
• Make funds available to beneficiaries via the payment institution’s agencies and its network of agents.
• Withdraw cash at the payment institution’s agencies and its network of agents.
• Deposit cash into their account opened with the payment institution, through its agencies and network of agents.
• Pay invoices to suppliers and merchants.
• Pay taxes, duties, and fees for administrative or governmental services.
• Purchase mobile phone top-ups.
• Check the balance of their « Moov Money » account.
• Obtain a history of recent transactions.
• Conduct any other type of transaction that may be authorized by the relevant Mauritanian authorities in the future.

Article 9. Good Faith

The parties agree to fulfill their obligations in good faith.

Article 10. Responsibilities

The Client is solely responsible for the preservation and confidentiality of their identifier, access code, and one-time password, and consequently for the consequences of any disclosure, whether voluntary or involuntary. Any use of the Personal Space and, consequently, any transaction executed from this Space using the identifier, password, or one-time password assigned to the Client is presumed to be carried out by the Client.

Identifiers, passwords, one-time passwords, and generally any other access codes are strictly personal and confidential. The Client is obligated to promptly notify the payment institution of any compromise of the confidentiality of their identifier and/or password, or any use by a third party of which they become aware.

The payment institution reserves the right to suspend access to the Moov Money Service requiring Client identification if facts suggest fraudulent use or attempted fraudulent use of its services, or if the Client has provided inaccurate information regarding their identity. In such cases, the payment institution will promptly inform the Client by any means it deems appropriate, which the Client expressly accepts.

The Client is also responsible for the information they provide to the payment institution remotely. Any false declaration is subject to legal action.

Article 11. Intellectual Property

These General Conditions do not imply any transfer of intellectual property rights over elements belonging to the payment institution to the Client’s benefit. The website, brands, designs, models, images, texts, photos, logos, graphic charters, software, search engines, databases, and domain names, without this list being exhaustive, are the exclusive property of the payment institution.

Any reproduction and/or representation, in whole or in part, of any of these elements without the express authorization of the payment institution is prohibited and constitutes an infringement that may result in civil and criminal liability for the infringer. Consequently, the Client is prohibited from any action or act that could directly or indirectly harm the intellectual property rights of the payment institution.

Article 12. Security

Any unauthorized access to the application is prohibited and subject to criminal penalties. The payment institution makes every effort, in accordance with industry standards, to secure the Personal Space.

Article 13. Termination

13.1 Breach of Obligations

In the event of a breach of the obligations outlined herein, fraudulent use, or irregular operation of the service due to the Client’s actions, without this list being exhaustive, the payment institution may terminate the Service automatically and without notice.

13.2 Client’s Will

The Client may terminate these General Conditions at any time and consequently unsubscribe from the MOOV Money service. This unsubscription equates to the closure of their account. Their history and personal data will be automatically deleted.

Furthermore, the payment institution has the right to exercise a retention right over the credit balance of the closed account to settle any amounts owed by the Client for the use of the Service or other products or services of the payment institution.

13.3 Inactive Accounts

The payment institution reserves the right to terminate, without notice, any account with a zero balance on which no transactions have been conducted for more than six months. In the event of unsubscribing from the Service, the payment institution reserves the right to proceed with the closure of the associated account. The account closure must be conducted at one of the payment institution’s owned or authorized agencies, after deducting any applicable fees as previously described.

13.4 Client’s Death

Once the payment institution is notified by an official document of the Client’s death, the account will be blocked, and no transactions initiated after the death may occur on the account until the rightful heirs provide proof or instructions from the Judge in charge of the estate.

Article 14. Nullity

If one or more provisions of this contract are deemed invalid or declared as such in accordance with a law, regulation, or as a result of a final judgment by a competent court, the other provisions shall retain their full force and effect.

Article 15. Entire Agreement

The terms herein express the entirety of the parties’ obligations.

Article 16. Evidence Agreement

The acceptance of the General Conditions by electronic means holds, between the parties, the same evidential value as an agreement on paper. The computerized records maintained in the information systems, kept under reasonable security conditions, are considered as evidence of communications between the parties.

Article 17. Applicable Law and Competent Jurisdiction

These General Conditions of Use are governed by Mauritanian law. Any dispute regarding the interpretation or execution of these conditions will be subject to the exclusive jurisdiction of the courts of Nouakchott.

Article 18. General Provisions

Moov Money is committed, in the context of its activities and in accordance with the laws in force in Mauritania, to ensuring the protection, confidentiality, and security of the personal data of its service users, as well as respecting their privacy.

This Policy informs you about how Moov Money, its subcontractors, and its potential partners process your personal data. This Policy applies specifically to clients and users of the offers and services, as well as visitors to the Moov Money mobile application.

Article 19. Confidentiality

Your personal data (SMS, IDENTITY, etc.) are protected by the laws on personal data protection in force in Mauritania. The Moov Money application processes your personal data in compliance with this law. Your personal data are used for purposes related to the proper functioning of the application and to ensure a better user experience. They will not be used for commercial prospecting purposes under any circumstances.

Article 20. Use of Your Data

Moov Money uses your personal data to authenticate you, provide details about your prepaid account, and view and pay postpaid bills. Moov Money may also use your anonymized data for statistical purposes.

Article 21. Data Sharing

Moov Money is committed to ensuring the confidentiality of the personal data used by the application. Moov Money also prohibits sharing your personal data with commercial partners without informing you and offering you the opportunity to exercise your right to object.

Article 22. Data Retention

Moov Money does not retain your personal data longer than necessary for the purposes for which they were collected, or longer than provided for by applicable law.

Article 23. Caching System

To improve the speed of access to your data, the application includes a caching system that stores your recently displayed information. You also have the option to clear the application cache.

Article 24. Responsible Identity

The data controller is Moov Money, located at 562, Avenue Roi Fayçal, Nouakchott. Phone : (222) 45 25 99 99 Website: www.moov-money.mr