ScanIT Terms & Conditions

1. Introduction

Please read the following agreement carefully, as it sets out the terms and conditions governing the legal relationship between you (the “User”) and Zimswitch Technologies (Private) Limited (hereinafter referred to as “ZSW”). These Mobile Application Terms and Conditions (“Terms”) are a legal agreement between you and Zimswitch Technologies and apply to all users of the mobile application. These Terms and Conditions explain your rights, obligations and responsibilities, as well as those of ZSW. Upon registration for, or utilization of any of the Services and/or Products offered by ZSW you agree to the terms of this Agreement.

2. Recitals

• ZSW is the recognized National Payments Switch as designated by the Reserve Bank of Zimbabwe.
• ZSW has developed a mobile application, ScanIT, which is a digital wallet service offered by ZSW to facilitate payments.  The application stores your selected payment information in a secure manner.
• IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT REGISTER FOR THE SCANIT APPLICATION.
• By downloading, accessing, creating an account, clicking “accept”, “proceed”, “continue”, or by using the ScanIt Application, you agree to these Terms and represent and warrant that you are at least 18 years of age, capable of entering into a legally binding document, and that you are the primary cardholder in respect of all the Cards that are linked to the ScanIt Application. You may use the ScanIt Application only on your own behalf.

3. Definitions

• Unless a contrary intention clearly appears, the following terms shall have the following meanings assigned to them and cognate expressions shall have the corresponding meanings, namely –
  • Zimswitch technologies, Zimswitch, ZSW, Us, Our, We refers to Zimswitch Technologies
  • Customer, you, your refers to any person having an account on the Zimswitch Mobile Application;
  • Account: Acquiring Bank means a bank or financial institution that processes payments on behalf of a merchant. The acquirer allows merchants to accept credit card payments from the card-issuing banks within an association;
  • Agreement means this document of ‘standard terms and conditions’ read together with any other Agreements entered into between the relevant parties (if any);
  • App Store means Your device’s application store from which You download the App;
  • Card(s) means compatible virtual or physical credit or debit card(s) with a PIN, including prepaid card(s);
  • Card transaction means any cash withdrawal, payment, inter-account transfer or deposit transaction made with the card from or to the customer’s account by using an electronic device, and/or the purchase of goods/services from merchants who will accept the card;
  • Customer or Card Holder means the consumer making a purchase from a merchant;’
  • Default Card‘ means the Card you chose as your default payment option when you registered your Card(s) on the mobile App;
  • Effective date means the date and time that You download the App, register a profile and agree to the Terms and Conditions or upon use of any of the Services or Products;
  • IssuerMobile Application/App means the Zimswitch mobile application which You utilize to access the Services which will be rendered and/or utilised on Your instruction;
  • Personal Information is personal information as per definition in the Cyber and Data Protection Act [Chapter 12:07].
  • PCI DSS
• Any reference in this agreement to the singular also includes the plural; and the reference to male also includes the female, and vice versa.

4. Eligibility for Use

By registering for the Zimswitch Mobile App account alternatively by utilizing the Services provided therein, You agree and acknowledge that you:

1. accept the terms and conditions of this Agreement, and any future revisions;
2. are 18 years or above of age;
3. are of sound mind and full legal capacity.

5. Your Consent

• By registering for the service you provide your irrevocable consent to the terms set forth in this agreement, including the collection, storage, processing, and disclosure of your Personal Information in accordance with this Agreement and for the purposes expressly contemplated herein.

• This consent shall survive any termination of your use of the Services, whether by you or by us, and shall remain effective with respect to any Personal Information collected prior to such termination. We shall retain and continue to use such information as permitted under this Agreement and in accordance with applicable laws.

6. Information Collection and Use

ZSW will request personally identifiable information including:

• your name and surname;
• mobile number;
• date of birth;
• gender;
• card numbers;
• address;
• location;
• log data including IP address, device name, OS and App usage statistics;
• billing information, transaction and payment card or other payment method information;
• bank account and payment details;
• details of any information, feedback or other matters you give to us by phone, email, post or via social media;
• App username and PIN;your responses to surveys, competitions and promotions.

7. Services

a. QR Code Payments

• Merchant-presented QR: The app scans a merchant’s QR code displayed at point-of-sale (in-store, on receipts, or on websites) to initiate a payment.
• Dynamic QR Support: Allows merchants to generate QR codes with specific payment amounts and references for faster, accurate payments.
• Static QR Support: Allows generic merchant QR codes where the customer enters the amount manually.

b. Card-on-File (COF)

• Allows users to securely store debit or credit card details for quick checkout.
• Supports multiple stored payment instruments.

c. Multi-bank / Multi-wallet Acceptance

• Supports QR interoperability across banks and wallets.  (where partnerships exist).
• Supports cross-scheme acceptance.

d. User Account Management

• Transaction History: View detailed payment history and receipts.
• Notifications: Receive real-time payment confirmations and promotional alerts.

e. Security and Compliance

• 3DS Authentication: Secure authentication for transactions.
• Encryption & PCI DSS Compliance: Ensures all payment data is securely handled.
• Fraud Detection: Built-in monitoring and limits to detect and prevent fraudulent activity.

f. Zimswitch payments: that is, POS purchase, Wallet on POS, ZIPIT

g. Additional Functionalities: To be updated on an ongoing basis.

8. Scope of License.

• The Application is provided to you under a license, not sold, for use strictly as specified in these Terms and Conditions. This license does not allow you to utilize the Application in any way that is not explicitly permitted by this Agreement.
• You are prohibited from distributing or making the Application accessible over any network or environment that could enable simultaneous use by multiple devices.

9. Termination.

• These Terms and Conditions are effective until terminated by you or ZSW, which we may do at any time and for any or no reason.
• Your rights under these Terms and Conditions will terminate automatically without notice from ZSW if you fail to comply with or violate any term of these Terms and Conditions.
• Upon termination of these Terms and Conditions, you shall cease all use of the Application, and your account shall be closed.

10. Third-Party Services.

1. The Application may grant access to third-party services, and you must comply with their terms when using it.
2. It may also display third-party content, but ZSW is not responsible for the accuracy or quality of this content. Third-Party Materials are provided for your convenience, and we do not guarantee their reliability. Clicking on third-party links will take you away from the Application, and any personal information shared on those sites will be governed by their privacy policies.  
3. ZSW reserves the right to change, suspend, or disable access to any Third-Party Services at any time without notice and are not liable for any such actions.
4. Restrictions on the use or access to these services may also be imposed without prior notice.

11. Modifications/Updates to Application.

1. ZSW reserves the right to modify, restrict, or discontinue the Application at any time without notice, and you agree that we are not liable for any changes.
2. ZSW may offer updates to enhance the Application, which you can download and use on devices you own.You cannot update devices you do not control or share updates over a network for multiple devices.Copies of updates require written permission from ZSW.
3. ZSW may automatically download updates, and you agree to accept them and cover any related costs. All Application and update activities are subject to U.S. export laws, which you must comply with.

12. Data Protection Policy

13. Anti-Money Laundering, Fraud and Disputes

1. You acknowledge and understand that ZSW is an accountable institution and as such is required to adhere to all regulatory and legislative requirements under the Money Laundering and Proceeds of Crime Act [Chapter 9:24].
2. You provide your irrevocable consent to ZSW to disclose any information you provide in terms of this clause to any Regulatory Institution and/or Officer as may be required in terms of applicable anti-money laundering and counter terrorist financing legislation, or any other relevant legislation.
3. You shall not use the ScanIt Application to commit any of the following acts:Any act which undermines ZSW’s reputation, privacy, intellectual property and other related rights;
   • Any act which assists in, results in, or may potentially result in fraud, money laundering, terrorist financing or any impermissible or illegal trading;
   • Any act which involves your use of an invalid Card or the Card of another person without such other person’s consent;
   • Any act which involves your use of an invalid bank account or the bank account of another person without such other person’s consent;
   • Any act which ZSW or any Financial Institution reasonably believe to be an abuse of the card system or a violation of card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time.
4. Should ZSW or the applicable Financial Institution note any illegal/criminal/fraudulent activity on your Account, this shall be investigated and may lead to the immediate termination of this Agreement.
5. Legislation, Regulations and Rules governing fraud prevention may be subject to change, and ZSW reserves the right to amend our policies and procedures as required without prior notice to you. You agree to be bound and adhere to the same.

14. Risks and Responsibilities

1. You agree to use the Application and/or Services offered therein in accordance with the terms of this Agreement and to comply at all times with all applicable laws, regulations and ordinances.
2. Except with regard to your reliance on the ScanIt Application, you accept the ris of transacting on the Application. In entering into any transaction, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, and experience to make your own evaluation of the merits and risks of any transaction you carry out.
3. You are responsible for complying with all applicable laws and regulations. You must ensure that you are fully aware of all laws that may apply to you in your access to, and use of the ScanIt Application and the services offered therein, and to the transactions envisaged in or related to this agreement.
4. You acknowledge that ZSW is not responsible for determining whether or which laws may apply to your transactions, including any taxation laws, transfer pricing rules or exchange control regulations. You acknowledge that ZSW is not responsible for ensuring that you comply with such laws, and that you are solely responsible for compliance with applicable laws. This includes notifying, withholding, collecting, reporting and remitting any taxes and duties that are payable asa result of your access to and use of the ScanIt Application and the services offered therein.
5. You acknowledge and accept the risk of operational challenges, such as cyber-attacks, cyber-security breaches, unexpected surges in activity, or any other operational and technical difficulties that may cause interruptions in the service or your access to the Applications. ZSW shall take reasonable steps to minimize any inconvenience and losses sustained as a result of such circumstances and will take reasonable steps to guard against them.
6. You acknowledge that ZSW may change or impose new transaction limits from time to time as required by applicable legislation, regulations, RBZ Directives, or industry best practice, and agree to comply with such limits.

15. Warranties and Disclaimers

1. ZSW warrants that we are the owners of, or have valid title to the ScanIt Application and are entitle to grant the rights to you as envisaged in this Agreement.
2. ZSW does not warrant that the ScanIt Application will be completely free from errors, or that errors will be corrected completely, nor that it will meet your requirements, not that it will operate in all combinations selected for your use.
3. You acknowledge that whilst ZSW will take reasonable care to exclude known viruses, malware, worms and Trojan horses from the Application’s software, no warranty is given that the Application is free from such.
4. You agree that ZSW shall not be held liable for any malfunction, non-performance, or degradation of performance of the ScanIt Application, which is caused by, or results from any direct or indirect alteration to, adjustment of, attachment to, or modification of the Application by anyone other than ZSW.
5. The ScanIt Application and services provided therein are provided “as-is”.
6. You must ensure that the correct information is provided when making any transaction. ZSW shall not be liable for any losses where you fail to provide the correct transaction information.
7. The ScanIt Application is only intended to be used for payment for goods and/or services as contemplated expressly in this Agreement, and ZSW shall not be held liable for any transactions falling outside the scope of this Agreement.
8. You specifically acknowledge that ZSW does not have any control over whether all your transactions with a particular merchant will be completed, or whether the Issuer will authorize the transactions that you initiate.
9. You warrant that you are the lawful owner of the Bank Card whose details are registered to you in the ScanIt Application.
10. This warranty shall not extend to defects:
    1. Caused by your actions, of for reasons attributable to you;
    1. As a result of your failure to update the Application as and when these versions become available; and
    1. Caused by allowing the account to become dormant as a result of disuse for an extended period of time.

16. Confidentiality

1. You shall treat all Confidential information as strictly confidential and not use it for any purpose other than performing your obligations or exercising your rights in terms of this Agreement.
2. You shall not disclose any Confidential Information to any other person.

17. Governing Law

1. This Agreement shall be construed and interpreted in accordance with, and governed by the Laws of the Republic of Zimbabwe.

18. Domicilum Citandi Executandi

• For the purposes of any legal document or notice to be served in terms of this Agreement, ZSW’s address shall be No. 3 Mulberry Close, Newlands, Harare, Zimbabwe.
• Any legal documents or notices to be sent to you shall be sent to the address used in signing up for the ScanIt Application.
• ZSW may send any other written communication to your street, postal or e-mail address. Any communication sent by e-mail shall be regarded as having been received by you one day after it was sent.

19. Force Majeure

1. ZSW shall be under no liability to you in respect of anything which, in the absence of this provision, might constitute a breach of this Agreement, arising by reason of circumstances beyond our reasonable control, even where ZSW may have foreseen the possibility of the occurrence or existence of those circumstances.
2. For the purposes hereof, this includes acts or omissions of any government, government agency, provincial or local or similar authority, civil strife, riots, pandemics, sabotage, insurrection, acts of war or public enemy, illegal strikes, combination of workmen, interruption of transport, lockouts, interruption of essential services from public utilities (including electricity, water and sewerage), prohibition of exports, inability on ZSW’s part due to such circumstances to obtain goods or services from its suppliers (including telecommunications suppliers and Selected Merchants), rationing of supplies, flood, storm, fire or any other circumstances (without limitation) beyond the reasonable control of the party claiming force majeure and comprehended in the term force majeure.

20. Whole Agreement, Amendments and Updates

• This Agreement constitutes the whole agreement between the parties relating to its subject matter, supersedes all prior or oral or written communications and representations with respect to the Services and the Application, and, prevails over any conflicting or additional terms in any document or other communication between the parties leading up to and during the term of this Agreement.
• ZSW may amend this Agreement periodically without prior notice to you, except where expressly stated in this Agreement.
• To the extent permissible by law, ZSW shall not be bound by any express or implied terms, representation, warranty, promise or the like recorded herein, whether it induced the contract and/or whether it was negligent or not.

21. Severability

• Any provision in this Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent thereof and shall be treated as not written and severed from the rest of this Agreement, without invalidating the remaining provisions.

22. Interpretation

• In this Agreement:
  • Words importing natural persons shall include a reference to bodies corporate and other legal personae and vice versa.
  • Words importing the masculine shall include a reference to the feminine and vice versa.
  • Words importing the singular shall include a reference to the plural and vice versa.
  • Annexures to this Agreement shall be deemed to have been incorporated herein and shall form an integral part hereof.
  • A reference to a Party in a document includes that Party’s successors and permitted assigns.
  • Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.
  • Where the day on or by which anything is to be done is not a Business Day, it shall be done on or by the first Business Day thereafter.
  • When any number of days is prescribed in this Agreement, same shall be reconned exclusive of the first and inclusive of the last day, unless the last day falls on a Saturday, Sunday or public holiday, in which case, the last day shall be the next succeeding day which is not a Saturday, Sunday or a public holiday.
  • A reference to a document includes an amendment or supplement to, or replacement or novation of that document.
  • The captions appearing in this Agreement are for reference purposes only and shall not affect the interpretation hereof.
  • If any provision is a definition (or under this heading “Interpretation” and/or any other heading in this Agreement) and is a substantive provision conferring rights or imposing obligations on any Part, notwithstanding that it is only in the definition of (or such other clause) effect shall be given to it as if it were a substantive provision in the body of the Agreement.
  • Where figures are referred to in numerals and words, if there is any conflict between the two, the words shall prevail.
  • The rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the Party responsible for the drafting thereof, shall not apply.

23. Contact

• Should you have any questions or concerns regarding this Agreement, the Interface, or the Services, please contact us at (email address for support).