NAPSA eSERVICES TERMS AND CONDITIONS
1. OUR DETAILS
We are the National Pension Scheme Authority (“us”, “we” or “NAPSA”), a statutory body incorporated in Zambia by an Act of Parliament Act No. 40 of 1996 of the laws of Zambia having its head office located at Levy Business Park, corner of church and kabelenga roads, Lusaka.
2. THE SERVICE
You may only access the NAPSA eServices solutions if you’re a duly registered member or employer of the National Pension Scheme Authority and issued with a social security number or employer account number respectively as stipulated in the NAPSA Act for the member and employer definitions. Further details on how to register and use our eServices solutions can be found on our website napsa.co.zm .
The services offered to you via the eServices solutions may vary depending on the type of mobile device you are using.
3. AVAILABILITY OF SERVICE
While NAPSA will make every effort to ensure the eServices are available, NAPSA will not be liable for any failure to provide the services, in part or full, for any reason beyond NAPSA’s control. This includes any suspension of the Service resulting from maintenance and upgrades to our systems or the systems of any party used to provide the Service, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.
The Application is provided “as is” with no representation, guarantee or warranty of any kind as to its functionality.
4. SECURITY PROCEDURE
You must always keep your login credentials confidential and take all reasonable precautions to prevent unauthorized or fraudulent use of them.
You must not disclose your credentials to any other person or record them in any way that may result in them becoming known to another person.
Please note that after initial registration we will never contact you (or ask anyone to do so on our behalf), with a request to disclose your credentials in part or in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your credentials to them in any circumstances. Additionally, you should report any such requests to NAPSA immediately.
If you suspect that anyone knows your credentials you must contact NAPSA immediately. If you fail to do so, you will be liable for any unauthorized transactions on your account confirmed by use of your credentials.
You will be responsible for all instructions issued via your credentials from the time you pass the login procedure until you exit from the eServices. Kindly note that this includes any input errors or instructions sent by someone other than yourself. In this regard you are urged not to leave your mobile phone or computer unattended while you are still logged onto the eServices.
You must advise us of any change to your mobile phone number or email address.
You acknowledge that you are responsible for all transactions carried out using the eService including the payment of any penalties that may arise from use of the eService.
NAPSA does not currently charge you for accessing the eServices. However, note that your network operator may charge you when using the eServices and these charges may vary if you access the eService outside Zambia.
7. OUR LIABILITY
NAPSA will not be liable for any breach of or failure to perform its obligations where that breach (or failure) is due to abnormal and unforeseeable circumstances beyond its control, the consequences of which would have been unavoidable despite all efforts.
8. VARIATION/ TERMINATION OF SERVICE
There is no minimum contract period and you are free to cancel the use of the eServices at any time. If you wish to disable your eServices, please contact NAPSA through our various contact channels provided.
You acknowledge that it is your responsibility to delete the NAPSA eServices application from your mobile phone if you change your mobile device or dispose of it.
Unless we are unable to contact you or there is a legal reason or other circumstances beyond our control preventing us from doing so, we will notify you before taking any action to suspend, withdraw or restrict your use of the eService and provide our reasons for doing so. Where we are unable to contact you beforehand, if possible, we shall still notify you and give our reasons afterwards.
We may suspend, withdraw or restrict the use of the eServices or any part of the eService where:
- we have reasonable grounds to suspect that your credentials have not been kept safe; or
- we have reasonable grounds to suspect unauthorized or fraudulent use of your credentials; or
- we consider it appropriate for your protection.
If we have a valid reason for doing so, we may change the Terms of our agreement with you by notifying you through the NAPSA points of presence network or other means.
9. LICENCE FOR NAPSA eSERVICES APPLICATIONs (the “License”)
GRANT OF AND ACCESSIBILITY TO THE LICENSE
We hereby grant to you a non-assignable, non-transferable, non-exclusive License to use the NAPSA eServices applications (the “Application”) which shall include future updates made available to you from time to time (provided you understand such updates may be subject to additional terms notified to you at the time such update is made available) subject to the following obligations and/or restrictions:
- you may only use the Application for the purpose of receiving the Service and for no other purpose whatsoever;
- the Application is licensed only to you and you shall not assign, sub-license or grant any rights of use or any other rights in respect of the Application to any other person;
- you shall not copy or reproduce in any way the whole or any part of the Application;
- you shall not alter, modify or adapt the whole or any part of the Application;
- you shall not remove or tamper with any copyright notice attached to or contained within the Application and you acknowledge and agree that as between NAPSA and yourself all ownership in the Application remains with NAPSA;
- on any termination of the Service all rights granted to you in respect of the Application are revoked.
COMMENCEMENT AND TERMINATION OF THE LICENSE
- The License shall commence upon your acceptance of the License or when you install or sign-up on the Application (whichever is first) and shall continue until terminated.
- The License will terminate automatically if you cancel the Service and/or uninstall the Application, or fail to comply with any obligations/ restrictions referred to in 9.1 above. Upon termination of the License for any reason whatsoever you must uninstall the Application and destroy all copies of the Application including all components of it in your possession.
10. VARIATION OF THE TERMS AND CONDITIONS, FEES AND CHARGES
- NAPSA may amend these eServices Terms and Conditions as required by Law or otherwise.
- NAPSA may vary these Terms and Conditions of the NAPSA eServices at any time by giving you not less than thirty (30) days notice of any change before it takes effect. Notice to you may be by:
- Direct communication with you (for example via email or online Broadcast).
- Display in any of the NAPSA branches or on NAPSA’s website.
- Advertisement in major daily and national newspapers.
- You will be deemed to have received the notice immediately after any such display or advertisement.
- Any continued use of NAPSA eService after the end of the notice period is an acceptance of the variation.
To the extent permitted by Law, the NAPSA member or employer agree to indemnify NAPSA against any loss or damage NAPSA may suffer due to any claim, demand or action of any kind brought against NAPSA arising directly or indirectly because the NAPSA member or employer and/or the authorized users, including business operators-
- Did not observe their obligations under these Terms and Conditions.
- Or acted negligently or fraudulently in connection with these Terms and Conditions.
12. GOVERNING LAW
These Terms and Conditions are governed by and shall be construed in accordance with the Laws of Zambia
13. ACCEPTANCE OF LICENCE
You will be deemed to have accepted the terms of the License by installing the Application on any mobile device or computer.
14. DISPUTE RESOLUTION
Any dispute arising under these Terms and Conditions shall be endeavoured to be settled through amicable settlement failure to which the dispute shall be referred to Arbitration in accordance with the Arbitration Act No. 19 of 2000 of the laws of Zambia
If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity or unenforceability will not affect the other provisions of the Terms and Conditions, which will remain in full force and effect.
If any provision of these Terms and Conditions is still found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision was deleted, the provision in question will apply with such modification as may be necessary to make it valid and enforceable.