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The following definitions and rules of interpretation apply in these Simpo Cash Services Terms and Conditions.
1.1 Definitions
Agreement: This Agreement consists of the Service Order signed by the Parties referencing and incorporating the Schedules attached to the Service Order and these Simpo Cash Services Terms and Conditions.
Business Day: a day other than a Saturday, Sunday or public holiday in Malawi, when banks in Malawi are open for business.
Charges: means a charge per unit or a fixed monthly rate set out in the schedule of tariffs published by Simpo Cash from time-to-time which measures the use of the services and enables the Customer to be charged for such use.
Commencement Date: has the meaning given in clause 5.
Control: means the power to direct or cause the direction of management and policies of an entity, either directly or indirectly, whether through direct or indirect ownership, voting rights, contract or otherwise. ‘Controlling’, ‘Common Control’, ‘Controlled by’ and ‘under Common Control with’ and ‘Change of Control’ will be construed accordingly.
Connection: means the provision of Simpo Cash services and/or the activation of Customer Equipment
Customer: a natural or corporate person that uses Simpo Cash service to transact.
Customer Equipment: means the wireless or fixed equipment and accessories as supplied by Simpo Cash or Simpo Cash’s nominated Agents/Distributors to the Customer for connection to Simpo Cash services.
Data controller, data processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.
Personal Data Protection Legislation: the Personal Data Protection Legislation and regulatory requirements in force in Malawi which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Equipment: The Simpo Cash supplied Equipment is more fully described in the Service Order and/or any agreement.
Fees: mean any charge levied by Simpo Cash in accordance with the schedule of tariffs published by Simpo Cash from time to time including any tax, duty, charge or imposition levied in connection with the Service.
Goods: the goods (or any part of them) set out in the Service Order.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and [neighboring and] related rights,
moral rights, trademarks [and service marks], business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off [or unfair competition], rights in designs, rights in computer software, database rights,
rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Regulator (RBM): means Reserve Bank of Malawi.
Specification: the description or specification of the Services provided by Simpo Cash to the Customer as set out in the Service Order.
Terms and Conditions: These are Simpo Cash Terms and Conditions as amended by Simpo Cash from time to time.
2.1 The Service Order constitutes an offer by Simpo Cash to purchase Goods and /or Services in accordance with these Terms and Conditions.
2.2 The Service Order shall commence on the date the last signature is appended to this Agreement. (Commencement Date).
2.3 Any samples, drawings, descriptive matter or advertising issued by Simpo Cash, and any descriptions or illustrations
contained in Simpo Cash’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force
2.4 These Terms and Conditions shall apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1 Simpo Cash shall provide the Services to the Customer in accordance with the Specification set out in the Service Order.
3.2 Simpo Cash shall use all reasonable endeavors to meet any performance dates specified in the Service Order, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services
3.3 Simpo Cash reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Simpo Cash shall notify the Customer in any such event.
3.4 Simpo Cash reserves the right to change the terms and conditions upon which the services are offered, as a result
of new or amended legislation, statutory instrument, Government Regulations, Policy, Licence or any other reasons deemed justifiable by Simpo Cash. In the event of any such review Simpo Cash shall notify the Customer of such changes within Seven (7) working days by SMS or email or through the Media (including newspaper publications, Television and Radio) or on our website at https://simpo.fmbch.com Continued use of the services shall be deemed to be an agreement to all such terms,
conditions, notices, charges and any changes thereto.
3.5 The Customer recognizes that the Service by its very nature may, from time to time, be adversely affected by natural or
man-made physical structures/constructions, atmospheric conditions, natural phenomenon and other causes of interference including without limitation solar radiation and may fall or require maintenance without notice. Simpo Cash shall not be liable for any disruption, interruption, suspension or termination of the service caused due to the foregoing. In addition, Simpo Cash shall not be liable for any interruption, suspension or termination of any Service necessitated by order of the Government of the Republic of Malawi or if required by law, whether with or without notice.
3.6 Simpo Cash shall not be liable for any failure to fulfill any of its obligations in these Terms and Conditions if and to the extent that fulfillment is delayed, interfered with or prevented by circumstances which are beyond the control of Simpo Cash including but not limited to failure of equipment, system failure, power failure, power rationing, power interruptions, acts of God or government action.
4.1 The Customer shall:
(a) Ensure that the terms of the Service Order [and any information it provides in the Specification] are complete and accurate.
(b) Co-operate with Simpo Cash in all matters relating to the Services.
(c) Prepare the Customer’s premises for the supply of the Services.
(d) Obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(e) comply with all applicable laws, including health and safety laws;
(f) Keep all materials, equipments, documents and other property of Simpo Cash (Simpo Cash equipments) at the Customer’s premises in safe custody at its own risk, maintain Simpo Cash materials in good condition until returned to
Simpo Cash, and not dispose of or use Simpo Cash materials other than in accordance with Simpo Cash’s written instructions or authorization;
(g) Comply with any additional obligations as set out in the Specification.
4.2 If Simpo Cash’s performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) Without limiting or affecting any other right or remedy available to it, Simpo Cash shall have the
right to suspend performance of the Services until the Customer remedies within reasonable time of the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Simpo Cash’s performance of any of its obligations.
(b) The Customer shall reimburse Simpo Cash on written demand for any costs or losses sustained or incurred by Simpo Cash arising directly or indirectly from the Customer Default.
5.1 Consequences of termination
On termination of the Agreement
(a) The Agent shall return all of Simpo Cash Equipment which have not been fully paid for. If the Agent fails to do so, then Simpo Cash may enter the Agents premises and take possession of them. Until they have been returned, the Agent shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Agreement.
6.1 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination [or expiry] of this agreement shall remain in full force and effect.
6.2 Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that
have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
7.1 Simpo Cash may also prevent the Agent from continuing to use the Service if the Agent has used the Service:
(a) In a way that is likely to adversely interfere with Simpo Cash’s ability to provide the Service to the Customer or any third party.
(b) In violation of the Simpo Cash’s Services General Terms and Conditions or applicable law.
8.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by Simpo Cash.
8.2 Each party Agrees that it shall not at any time during the term of this Agreement or after its expiration or
termination adopt use or register whether as a trademark, service mark, trade name, copyright symbol, or combination in a manner prejudicial to the Intellectual property rights of the other party
9.1 Both parties will comply with all applicable requirements of the Personal Data Protection Legislation. Applicable
Laws means (for so long as and to the extent that they apply to Simpo Cash the Data Protection Legislation applicable in Malawi. The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the data controller and Simpo Cash is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data
Protection Legislation). The contractual data processing provisions between the parties sets out the scope, nature and purpose of processing by the Provider, the duration of the processing and the types of Personal Data and categories of Data Subject.
9.2 Without prejudice to the generality of clause, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Simpo Cash for the duration and purposes of this Agreement.
9.3 Without prejudice to the generality of the Clause, Simpo Cash shall, in relation to any Personal Data processed in connection with the performance by Simpo Cash of its obligations under this Agreement:
9.4 process that Personal Data only on the written instructions of the Customer unless Simpo Cash is required by Applicable Laws to otherwise process that Personal Data.
(a) ensure that it has in place appropriate technical and organizational measures, reviewed and approved by the Customer,
(b) to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
(c) not transfer any Personal Data outside Malawi unless with the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
I. the Customer or Simpo Cash has provided appropriate safeguards in relation to the transfer.
II. the Data Subject has enforceable rights and effective legal remedies;
III. Simpo Cash complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
IV. Simpo Cash complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
V. assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject
and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
VI. notify the Customer without undue delay on becoming aware of a Personal Data breach;
VII. at the written direction of the Customer, delete or return Personal Data and copies thereof to
the Customer on termination of the agreement unless required by Applicable Law to store the Personal Data; and
VIII. maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by the Customer or the Customer’s designated auditor.
9.5 The Customer consents to Simpo Cash appointing any of its subcontractors as a third-party processor of Personal
Data under this Agreement. Simpo Cash will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause Title and Risk of Loss
9.6 The ownership in and to the Equipment as set out in the component list in the Service Order shall remain vested in Simpo Cash.
10.1 The following provisions set out the entire financial liability of Simpo Cash (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of:
(a) any breach of the Agreement however arising;
(b) any use made by the Customer of the Service, or any part of it; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
10.3 Nothing in these conditions excludes the liability of the parties for:
(a) death or personal injury caused by negligence; or
(b) fraud or fraudulent misrepresentation.
11.1 Each party undertakes that it shall not at any time during this Agreement, and for a period of five (5) years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 16.2.
11.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives or advisers who need to know such
information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection
with this agreement. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with Clause 17; and
(b) as may be required by law, court order or any governmental or regulatory authority. If a party is required to disclose any Confidential Information to a Government Authority, promptly upon receiving the disclosure request, but to the extent legally permissible, such Party shall promptly notify the other Party about the disclosure requirement.
11.3 No party shall use any other Party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
12.1 Any notice or other communication given to a party under or in connection with this Agreement shall be in writing.
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, “writing” shall not include e-mail.
13.1 Simpo Cash reserves the right to revise the Fees from time to time in its discretion and such revisions shall be binding on the Customer provided that Simpo Cash shall endeavor to notify the Customer of such changes within a reasonable period of time. Such notice may be given by Simpo Cash by including details of tile revised fees and by providing the details of the revised Fees on its Web site or through any other means as deemed appropriate.
14.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Malawi.
14.2 Simpo Cash may at any time assign its rights under this Agreement to any third party without prior notice to the Customer. Simpo Cash shall ensure that any such assignment shall not affect the provision of services to the Customer adversely.
15.1 If any dispute, constraint, difference or disagreement arises in relation to the implementation of the terms of this Agreement, or its validity, interpretation, execution, performance or termination (“Dispute”), such Dispute will be resolved in the first instance through the process described under Clauses 15.2 and 15.3.
15.2 Either Party may refer the Dispute for resolution in the manner below:
(a) The Party raising a Dispute will provide a written notice to the other Party elaborating the dispute in detail;
(b) Upon receipt of the notice, at each level of resolution specified below, the Parties will designate their nominees for resolution of the Dispute within five (5) Business Days;
(c) The nominees will attempt to resolve the Dispute within 30 (thirty) calendar days of being designated.
15.3 The Dispute resolution process under Clause 15.2 will be through referral to the following tiers:
(a) In the first instance, to the senior Representatives of each Party;
(b) In the second instance, to the senior most management executives of each Party;
16.1 Force Majeure Event means any circumstance not within a party’s reasonable control including:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident; [and]
(g) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);
(h) [non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and] interruption or failure of utility service.
16.2 Provided it has complied with clause 16.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
16.3 The corresponding obligations of the other party will be suspended, and it’s time for performance of such obligations extended, to the same extent as those of the Affected Party.
16.4 The Affected Party shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event [but no later than three (3) calendar days from its start], notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to performany of its obligations under the agreement; and
(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
16.5 If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its obligations for a continuous period of more than twelve weeks, the party not affected by the Force Majeure Event may terminate this Agreement by giving eight (8) weeks written notice to the Affected Party.
17.1 A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
17.2 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
17.3 A party that waives a right or remedy provided under this agreement or by law in relation to one party or takes or fails to take any action against that party, does not affect its rights in relation to any other party.
18.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
18.2 If any provision or part-provision of this Agreement is deemed deleted under clause 18.1, the parties shall
negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
19.1 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any
other party.
19.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
20.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
21.1 If there is an inconsistency between any of the provisions in the Service Order and the Terms and Conditions, the provisions in Terms and Conditions shall prevail.
22.1 Simpo Cash shall not be liable to the Agent or be deemed in breach of this Agreement by reason of any delay in performing or failure to perform, any of its obligations under this Agreement, except for Simpo Cash’s gross negligence.
22.2 Simpo Cash shall take reasonable measures to protect confidential information about the Customer, other than directory information from being disclosed to third parties including Simpo Cash’s own subsidiaries, affiliates and affiliated companies except information which is required (i) for the process of collection of debts owed to Simpo Cash (ii) By Simpo Cash’s auditors for the purpose of auditing Simpo Cash’s accounts, or (iv) for the prevention or detection of crime or the apprehension or prosecution of offenders or as may otherwise be authorized by or under any law of [Malawi] Simpo Cash may disclose information about the Customer where Simpo Cash has explained to the Customer (i) the nature of the information to be disclosed, (ii) the recipients of the information to be disclosed and (iii) the purpose for the disclosure, provided the customer has provided Simpo Cash with consent to such disclosure. Simpo Cash shall not be liable for any information disclosed by the Customer or obtained by any third party or person during or pursuant to use of Service by the Customer.
22.3 The Agent shall not use Simpo Cash services for purposes of religious, political of ethnic promotion or persecution, vulgar or offensive language or in a manner likely to offend other users such as sending spam messages, chain letters, unauthorized advertising and fundraising of any kind whatsoever.
22.4 The Customer acknowledges that the use of Simpo Cash services is at the Customer’s sole risk and Simpo Cash does not give any guarantees, explicit, legal, or otherwise and excludes particularity any implicit or explicit guarantees concerning accessibility and effectiveness of the Simpo Cash services in responding or answering to the particular expectations and needs of the Customer and the Customer shall be fully responsible for all the direct liabilities, damages expenses and costs arising out of the use or inability to use all the Simpo Cash services and will indemnify and keep Simpo Cash indemnified from all claims which may be made against Simpo Cash including the reasonable fees of the Advocates retained by Simpo Cash to defend such claims.
23.1 Simpo Cash reserves the right to issue such instructions concerning the use of the service as it may from time to time consider necessary to maintain the integrity, quality and safety of the service all customers and such instructions shall be binding upon the Customer and be deemed to form part of this Agreement.
23.2 The Customer shall be personally responsible for all services activated from the Customer Equipment registered in the name of the Customer and shall neither use nor permit any person to use the said Customer Equipment for:
(a) Sending abusive, offensive, indecent, obscene, or menacing messages or communications; or
(b) Un authorized intercepting or learning the contents of any message; or
(c) The persistent using of services which may cause annoyance, inconvenience, or needless anxiety to any person; or
(d) Any improper, immoral or unlawful purpose, of any purpose not recommended by the equipment manufacturer.
23.3 Simpo Cash has the right to treat use of the system in contravention of sub-paragraph (b) above, as a justifiable reason for the suspension forthwith of the service, and/or termination forth with of this Agreement.
23.4 Simpo Cash has the right to make any alteration or adjustment to any Customer Equipment as it may consider desirable for the purpose of maintaining satisfactory Service for the Customer or for customers as a whole. Any payable by the Customer at the rate stipulated by Simpo Cash in advance.
23.5 The Customer shall not place or use anything in such a way or position in relation to the Customer Equipment or any other link that is not approved for such use by Simpo Cash.
23.6 At first instance, access to the Simpo Cash services shall commence with the Pin specified by the Customer, where applicable. Thereafter, the Customer shall select a new pin using the Simpo Cash self-care service, which password shall be safeguarded in strict confidence and shall not be disclosed by anyone. Simpo Cash shall not be liable for any damages suffered by the Customer for not safeguarding this Pin.
23.7 In the event of a technical fault or other difficultly requiring the assistance of Simpo Cash the Customer may be required to disclose the Pin to Simpo Cash’s representatives but immediately the assistance is received, the Customer should dispense with the use of the Pin and select another confidential Pin to be safeguarded in the like manner.
24.1 Notwithstanding anything contained herein, these Terms and Conditions are subject to the Terms and Conditions
of Simpo Cash’s Licence and any other law, statute or agreement in force, or which may come into force and shall become applicable and binding on Simpo Cash and the Customer. If anything contained herein is contradictory to Simpo Cash’s obligations under the aforesaid Licence (s) or should the Customer commit any act or omit to do such things such that Simpo Cash shall be deemed to have contravened or be held to be in contravention of any term and Condition of the Licence or should it contravene any term or condition of the Licence, Simpo Cash shall be entitled to claim for any loss incurred by way of penalty or otherwise or in the case of material or substantial breach or contravention terminate these terms as provided for herein unless the contravention, inconsistency or contradiction in question can be remedied without us having to terminate the services.
24.2 It is the Customer’s duty to acquaint itself and to comply with all applicable requirements and restrictions imposed by the Government of Malawi and other Regulatory Bodies relating to provision and use of the Service.
24.3 All information contained in Simpo Cash’s promotional material, advertisements and publicity campaigns is for information only and shall not be deemed to be a part of this Agreement. The Customer acknowledges that he/she has not relied on, or been induced by, any such material in entering this Agreement.
24.4 If it is required that the Service be registered in the name of a limited company, the company secretary or a duly
authorized director shall sign acceptance of these conditions on behalf of the company. If it is requested that the Service be registered in the name of the firm or organization other than a limited company, the proprietor or partner of an authorized official of the firm or organization shall sign acceptance of these conditions and shall produce the business registration certificates and any other documents required by Simpo Cash.
24.5 All and any Agent Equipment supplied to the Agent shall remain the property of Simpo Cash unless Simpo Cash confirms to the Agent in writing that title to the same has been transferred to the Agent. All Agent Equipment shall be returned to Simpo Cash forthwith on termination of this Agreement.
24.6 The Agent has no ownership or other rights in respect of any number allocated by Simpo Cash which shall remain the exclusive property of Simpo Cash.
24.7 The Customer shall be liable to pay all charges that may be levied by the law or the Regulatory Authorities from time to time with respect to the Customer’s use of the Service.
24.8 Any Employee or Agency, duly authorized in this behalf by Simpo Cash, shall have complete authority to investigate any present or potential Simpo Cash subscriber(s) including the Customer.
25.1 The Customer hereby agree to the following Further Undertakings as follows:
(a) That the Customer shall not engage in any criminal activity nor assist, aid, hide or divert the funds from any criminal activity whatsoever;
(b) the Customer shall not engage or assist and/or facilitate any terrorist activity or give any aid to any terrorist group or person whosoever and whatsoever; and
(c) The Customer shall ensure compliance with, among other things, anti-money laundering and anti-terrorism laws and best practices and it shall set up internal structures to track, prevent and detect such violations including breaches of all such laws, regulations and conventions.
25.2 Customer hereby certifies as follows:
(a) That it shall not facilitate any tax evasion.
(b) That it shall not participate to any forced labour under any form;
(c) That it is not a sanctioned person or entity as defined respectively by the United States, the United Kingdom and the European Union.
25.3 Customer shall at all times maintain high standards of ethics in the use of the service; Customer (for itself and on behalf of its privies, agents, consultants and sub- Customers) warrants that it has not given and will not give any commissions, payments, gifts of any value, kickbacks, lavish or extensive entertainment or other things of value to any employees, members of an employee’s family, or any agent of Simpo Cash or any governmental authorities, nor has it received nor will it or any of its employees receive the same from Simpo Cash in connection with matters pertaining to this Agreement and Customer further acknowledges that the giving or receiving of any such payments, gifts, kickbacks, lavish or extensive entertainment or other things of value is strictly in violation of the policy of Simpo Cash and may result in the termination of this Agreement and all future business.
25.4 Customer shall notify Simpo Cash via the mail addresses of any solicitation by or provision/payment of the above to any of the employees, their family members or agents of Simpo Cash or of any governmental authority in connection herewith.
