TERMS OF USE OF MUKURU SERVICE

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  1. INTRODUCTION

    1. Welcome to the website of Mukuru Africa (Proprietary) Limited (“Mukuru Africa”) trading as Mukuru. These Terms of Use govern the terms under which you may register with Mukuru Africa as a user of the Mukuru Service. The Mukuru Service is a money transfer service operated by Mukuru Africa which was created to assist individuals such as yourself to send money to and receive money from family and friends.
    2. Mukuru Africa encourages you to read these Terms of Use carefully. By registering with Mukuru Africa as a user of the Mukuru Service, you agree to be bound by and comply with these Terms of Use. Mukuru Africa may terminate your account at any time, with or without notice, for conduct:
      1. that is in breach of these Terms of Use;
      2. that Mukuru Africa believes is harmful to its business; or
      3. where the use of the Mukuru Service is harmful to any other party.
  2. INTERPRETATION

    1. Definitions

      For the purpose of these Terms of Use, the following words shall bear the following meanings:

      1. “Financial Institution” means a company which is engaged in the business of dealing with monetary transactions, such as deposits, loans, investments and currency exchange.
      2. “FIC” means the Financial Intelligence Centre which was established in terms of FICA to administer the Financial Intelligence Centre Act. The FIC is South Africa’s national centre for the development of financial intelligence in accordance with international standards and requirements.
      3. “FICA” means the Financial Intelligence Centre Act No 38 of 2001.
      4. “FSB” means the Financial Services Board, an independent institution established in terms of the Financial Advisory and Intermediary Services Act No 37 of 2002 to oversee the South African Non-Banking Financial Services Industry in the public interest. 
      5. “KYC” means “Know Your Customer” which is the process of a business identifying and verifying the identity of its clients.
      6. “Legal Tender” means the denomination of a country's currency that, by law, must be accepted as a medium for commercial exchange and payment for a money debt.
      7. "Money Transfer Transaction" means the transmission of funds via the Mukuru Service to a designated Recipient pursuant to an instruction received from a Sender.
      8. “Mukuru Africa” means Mukuru Africa (Proprietary) Limited, a private company duly incorporated under the laws of South Africa with Registration Number 2013/003424/07, having its registered office at LL71, Parkview Lifestyle Centre, corner of Garsfontein and Netcare Roads, Moreletapark, Pretoria East, 0181, Gauteng, South Africa.
      9. “Mukuru Pay-Out Partner” means an entity appointed by Mukuru Africa to pay out a Money Transfer Transaction in the country identified in the Sender’s payment instructions when initiating a Money Transfer Transaction.
      10. “Mukuru Service” means the international money transfer service operated by Mukuru Africa which provides registered users with the ability to initiate money transfers to designated recipients. The Mukuru Service is available to users in South Africa only and may not be used by natural persons residing outside South Africa.
      11. “Receive Amount” means the amount designated by the Sender when initiating the Money Transfer Transaction minus the Service Fee and, following the conversion using the exchange rate quoted by Mukuru Africa to the Sender, the amount which is paid to the Recipient in Receiving Currency.
      12. “Receiving Currency” means the Legal Tender recognised in the country in which the Recipient resides.
      13. "Recipient" means the individual who is designated by the Sender as the beneficiary of the Money Transfer Transaction and who is paid the Receive Amount in Receiving Currency by a designated Mukuru Pay-Out Partner.
      14. "Sender" means the individual who is a registered user of the Mukuru Service and who initiates a Money Transfer Transaction for the benefit of the Recipient.
      15. "Service Fee" means the fee charged by Mukuru Africa in connection with each Money Transfer Transaction.
      16. “SARB” means the South African Reserve Bank, the central bank of South Africa.
      17. “South Africa” means the Republic of South Africa.
    2. The terms "you" and "your" refer to the individual reading these Terms of Use who is or will become a registered user of the Mukuru Service.
  3. IMPORTANT NOTICES

    1. These Terms of Use contain specific provisions which limit Mukuru Africa’s liability, which allocate risk or liability to you or which constitute acknowledgement of facts by you. Please pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of the Mukuru Service.
    2. Only persons who are 18 years or older may register as a use of the Mukuru Service. By registering as a user of the Mukuru Service, you represent and warrant that you are 18 years or older and of legal age to form a binding agreement with Mukuru Africa.
    3. Mukuru Africa recommends that your designated Recipient be 18 years or older. In the event that your designated Recipient is below the age of 18 years, you agree to indemnify and hold harmless Mukuru Africa, its affiliates, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your designated Recipient being below the age of 18 years.
    4. If you become a registered user of the Mukuru Service and you choose, or you are provided with, a user name, password, personal identification number ("PIN"), or any other piece of information as part of Mukuru Africa’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Mukuru Africa of any unauthorized use of your user name or password, PIN or any other breach of security. You agree that you are only allowed to create and maintain one registered user account.
    5. Mukuru Africa reserves the right to disable any user identification code or password, whether chosen by you or provided by Mukuru Africa, in its sole discretion, for any or no reason, including if, in Mukuru Africa’s opinion, you have failed to comply with any provision of these Terms of Use.
    6. For security reasons, Mukuru Africa recommends that you only send money through the Mukuru Service to people you know personally. You must not use the Mukuru Service to send money to strangers, for example, sellers of goods and/or services whether private or retail.
  4. LEGAL REQUIREMENTS

    1. Declaration

      By registering as a user of the Mukuru Service and by initiating a Money Transfer Transaction, you declare that:

      1. you have read these Terms of Use and you know, understand and agree with the contents thereof;
      2. all information furnished by you to Mukuru Africa is true and correct in all respects;
      3. you have been informed of any limits which may be applicable to the confirmed Money Transfer Transaction and you confirm that any such limit, if applicable, will not be exceeded as a result of the conclusion of such Money Transfer Transaction.
    2. KYC and FICA
      1. In order to register as a user of the Mukuru Service, you will be required to provide Mukuru Africa with certain personal data (proof of identity, proof of income and proof of residence) to enable Mukuru Africa to verify your identity, comply with its own KYC policy and to comply with FICA. All documents confirming such personal data are referred to as KYC documents. Such information and verification may also be required in respect of your designated Recipient.
      2. You agree that all personal data, information and documentation which you provide to Mukuru Africa during the registration process and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information and documentation is kept accurate and up-to-date at all times. If, at any time, Mukuru Africa has reason to believe that the information or documentation provided is false or altered in any way, Mukuru Africa will immediately close your Mukuru Account and notify the relevant authority.
      3. You acknowledge that the FIC may, at any time, request your personal data, information and documentation from Mukuru Africa in respect of a FICA audit or on any other grounds and that Mukuru Africa is obliged to and will provide the FIC with such personal data, information and documentation upon request.
    3. Single Discretionary Allowance
      1. South African residents (natural persons) who are 18 years and older may be permitted to avail of a single discretionary allowance within an overall limit of R1 million per individual per calendar year without the requirement to obtain a tax clearance certificate in respect of foreign investments from the South African Revenue Service.
      2. It is your responsibility to ensure that you do not exceed your single discretionary allowance.
      3. By agreeing to these Terms of Use, you assume responsibility for not exceeding your single discretionary allowance while using the Mukuru Service or any other Financial Institution to transfer funds out of South Africa.
    4. Reporting to SARB
      1. Mukuru Africa is legally obliged to issue a report to SARB in respect of every Money Transfer Transaction successfully completed via the Mukuru Service. This report includes the personal details of the Sender and the Recipient and the details of the completed Money Transfer Transaction (order, payment, pay-out).
      2. When compiling the report, the Sender’s personal details are obtained from the KYC documents submitted to Mukuru Africa upon registration.
      3. By submitting your KYC documents to Mukuru Africa and using the Mukuru service, you agree to allow Mukuru Africa to use your personal details as reflected on the KYC documents when submitting the prescribed reports to SARB.
      4. Mukuru Africa will not be responsible for any legal proceedings of any kind brought against you by any private, government or financial institution or body of any kind, due to the information that it has passed on to these institutions or bodies.
      5. For further information, please visit www.resbank.co.za.
    5. Disclosure of Personal Information
      1. Mukuru Africa may disclose your personal information if required to do so by law (including, without limitation, when responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary to:
        1. comply with a legal obligation;
        2. protect and defend Mukuru Africa’s rights or property;
        3. act in urgent circumstances to protect the personal safety of other users of the Mukuru Service or the public; or
        4. protect against legal liability.
  5. OPERATION OF THE MUKURU SERVICE

    1. Registration
      1. As stated in 4.2 above, you will need to submit certain personal data, information and documentation when registering as a user of the Mukuru Service so that Mukuru Africa complies with its own KYC policy and FICA. There are two types of registration:
        1. A “light” registration in terms of which you will only be required to submit a recognised proof of identity document; and
        2. A “full” registration in terms of which you will be required to submit a recognised proof of identity document, proof of income and proof of residence.
    2. Verification and Checks
      1. Mukuru Africa will verify your residential address and personal details in order to confirm your identity.
      2. By accepting these Terms of Use, you authorise Mukuru Africa to make any inquiries considered necessary to validate the information that you have provided.
    3. Money Transfer Transaction Processing and Delivery Schedule
      1. After Mukuru Africa has verified your identity, completed a screening for proper compliance with the various applicable laws and regulations, and received payment of the amount of the money transfer and the Service Fee from you, the Receive Amount will be:
        1. made available for collection by your designated Recipient from a Mukuru Pay-Out Partner;
        2. deposited into your designated Recipient’s mobile wallet; or
        3. deposited into your designated Recipient’s bank account

        in the destination country.

      2. Mukuru Africa will attempt to process Money Transfer Transactions promptly but any Money Transfer Transaction may be delayed or cancelled for a number of reasons, including, without limitation, its efforts to verify your identity, compliance with applicable law or variations in business hours and currency availability.
      3. Mukuru Africa may, in its sole discretion, refuse Transactions from certain Senders or to certain Recipients including, without limitation, individuals on restricted or prohibited lists.
      4. Mukuru Africa cannot be held responsible for:
        1. any delay in payment of the Receive Amount to the Recipient. If the exchange rate fluctuates Mukuru Africa is in no way liable for any perceived or real historical loss in value of the Receive Amount;
        2. the unavailability of Receiving Currency in the Recipient’s country of residence. The Recipient will be given the option to wait until the Receiving Currency is restocked or collect a substitute currency of equivalent value instead. The rate at which the substituted funds may be collected will be determined by the daily available rate, and Mukuru Africa accepts no responsibility for any losses incurred to the Recipient during the foreign exchange. No refunds will be issued.
    4. Money Transfer Cancellations and Refunds
      1. If you instruct Mukuru Africa to process a Money Transfer Transaction and then subsequently request that the Money Transfer Transaction be stopped or reversed, Mukuru Africa will first need to confirm whether the Mukuru Pay-Out Partner has paid the money transfer to the Recipient before the transaction can be stopped or reversed.
      2. If Mukuru Africa can confirm that payment has not been made to the Recipient, the Money Transfer Transaction will be cancelled and Mukuru Africa will refund the amount of the money transfer, including the Service Fee, to you. Your refund will be in ZAR.
      3. All refunds shall be available within 7 (seven) calendar days of the date on which the refund is received from the Mukuru Pay-Out Partner. For further information, please contact our customer service department at +27 86 001 8555 or email support@mukuru.com.
    5. Restrictions for Money Transfer Transactions
      1. Mukuru Africa reserves the right, in its sole discretion, to:
        1. reject a proposed Money Transfer Transaction;
        2. limit the amount of a Money Transfer Transaction;
        3. require additional information to complete a Money Transfer Transaction; and/or
        4. take reasonable measures with respect to a Money Transfer Transaction in an effort to comply with applicable laws and regulations.
      2. The Mukuru Service is offered exclusively for the personal money transfer needs of users. Any other use or attempted use of the Mukuru Service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
      3. In the event that your designated Recipient is unable to collect the Receive Amount because incorrect information was provided for the Recipient when the Money Transfer Transaction was created, you are obliged to contact Mukuru Africa to correct any errors in the information provided. If the Recipient contacts Mukuru Africa directly, he will be advised to contact you in order to resolve the matter. Mukuru Africa cannot be held responsible for losses in rate or inflation due to incorrect details being supplied for the Recipient or if the Recipient’s bank account or mobile wallet account is deactivated, frozen or closed.
      4. If you use your mobile phone to process Money Transfer Transactions, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
    6. Limits
      1. A user of the Mukuru Service who was subject to a “light” registration will be limited to sending a maximum amount of R3 000 (three thousand Rand) per day and a maximum of R10 000 (ten thousand Rand) per month.
      2. A user of the Mukuru Service who was subject to a “full” registration will only be limited to sending an amount equal to the user’s annual income each year.
    7. Fees
      1. For registration
        1. Registration with the Mukuru Service is free of charge.
      2. For use of the Mukuru Service
        1. In consideration of your use of the Mukuru Service, you agree to pay a service Fee per Money Transfer Transaction executed through the Mukuru Service.
        2. Payment of the Service Fee is due at the time that you instruct Mukuru Africa to process your Money Transfer Transaction.
        3. The Service Fee is subject to review and can be changed at any time at the sole discretion of Mukuru Africa.
  6. FRAUD/BREACH

    1. Mukuru Africa may suspend or terminate your account if it suspects that you have engaged in or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Mukuru Service.
    2. In addition to the conduct stipulated in 1.2, Mukuru Africa may limit your activity, immediately issue a warning, suspend or terminate your account without notice if:
      1. despite its reasonable endeavours, Mukuru Africa is unable to verify or authenticate any information you have provided; or
      2. Mukuru Africa believes that your actions may cause Mukuru Africa to suffer financial loss or incur legal liability.
  7. MARKETING

    1. By registering as a user of the Mukuru Service, you agree to allow Mukuru Africa to send you marketing messages from time to time.
    2. Mukuru Africa will not allow third parties to send marketing messages to you using the information you have provided.
  8. ELECTRONIC COMMUNICATIONS

    1. You acknowledge that these Terms of Use shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
      1. these Terms of Use and any amendments, modifications or additions to these Terms of Use.
      2. the record of your Money Transfer Transactions which have been processed through the Mukuru Service;
      3. any initial, periodic or other disclosures or notices provided in connection with the Mukuru Service including, without limitation, those required by law;
      4. any customer service communications including, without limitation, communications with respect to claims of error or unauthorised use of the Mukuru Service; and
      5. any other communication related to the Mukuru Service.
  9. COLLECTION OF INFORMATION

    1. You consent to Mukuru Africa processing your personal information for the purposes of providing the Mukuru Service, including for the verification of your identity.
    2. You also consent to the use of such personal information for communicating with you, and for statutory, accounting and archival purposes.
    3. You acknowledge that you have read and consented to Mukuru Africa’s Privacy Policy.
  10. INTELLECTUAL PROPERTY

    1. The Mukuru Service and all intellectual property incorporated in or related to the Mukuru Service (including without limitation copyrights, patents, database rights, trademarks and service marks) is owned by or licensed to Mukuru Africa. All right, title and interest in and to such intellectual property shall remain the property of Mukuru Africa and/or the property of such third party licensor.
  11. NO WARRANTY

    1. Mukuru Africa and its holding company, subsidiary companies of its holding company, its affiliates, officers, directors, agents and employees do not guarantee continuous, uninterrupted or secure access to the Mukuru Service, and operation of the Mukuru Service may be interfered with by numerous factors outside of Mukuru Africa’s control.
    2. The Mukuru Service is provided "as is" and as and when available and, to the extent permissible by law, Mukuru Africa excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation, any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
  12. LIMITATION OF LIABILITY

    1. In no event will Mukuru Africa, its holding company and subsidiary companies of its holding company, its affiliates or its licensors, service providers, business partners, employees, agents, officers or directors be liable for damages of any kind, arising out of or in connection with your use, or inability to use, the Mukuru Service including any direct, indirect, special, incidental, consequential or punitive damages, including, without limitation, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
    2. Mukuru Africa, its holding company and subsidiary companies of its holding company, its affiliates, officers, directors, agents and employees will not be liable for damages of any kind (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of the networks and equipment of such providers.
    3. Mukuru Africa’s liability to you or any third party, and the liability of its holding company and subsidiary companies of its holding company, its affiliates, officers, directors, agents and employees in any circumstance is limited to the total Service Fee you paid to Mukuru Africa in relation to the Money Transfer Transaction giving rise to liability or R1000 (one thousand Rand), whichever is the greater.
    4. The abovementioned provisions do not affect any liability which cannot be excluded or limited under applicable law.
  13. INDEMNITY

    1. You agree to defend, indemnify and hold harmless Mukuru Africa, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Mukuru Service other than as expressly authorized in these Terms of Use or your negligence, fraud or wilful misconduct.
    2. You agree to fully reimburse Mukuru in respect of all losses, costs, actions, claims, and liabilities incurred by Mukuru or its affiliates as a result of any breach or non-observance by you of these Terms of Use or any data submitted by you to Mukuru Africa.
  14. COMMENTS AND COMPLAINTS

    1. If you wish to make a comment or complaint about any aspect of the Mukuru Service, please send your complaint in writing to LL71, Parkview Lifestyle Centre, corner of Garsfontein and Netcare Roads, Moreletapark, Pretoria East, 0181, Gauteng, South Africa, or email your complaint to support@mukuru.com.
  15. GENERAL

    1. Entire Agreement
      1. These Terms of Use, Mukuru Africa’s Privacy Policy, and your receipt for any Money Transfer Transactions constitute the sole and entire agreement between you and Mukuru Africa with respect to the Mukuru Service.
      2. When you effect Money Transfer Transactions through the Mukuru Service any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Mukuru Service are superseded.
    2. Changes to Terms of Use
      1. Mukuru Africa may revise and update these Terms of Use from time to time in its sole discretion by posting a revised version on the Mukuru website.
      2. Except as otherwise required by law, the revised version will be effective at the time of posting to the Mukuru website.
      3. You are expected to check the Mukuru website from time to time to take notice of any changes Mukuru Africa has made as they are binding on you.
      4. You may terminate your use of the Mukuru Service if you do not agree with any changes made to these Terms of Use.
      5. Your continued use of the Mukuru Service following the posting of revised Terms of Use means that you accept and agree to the changes.
    3. Applicable Law and Jurisdiction
      1. These Terms of Use will be governed by South African Law and both Mukuru Africa and you will submit to the exclusive jurisdiction of the relevant Magistrate’s Court.
    4. No Waiver
      1. The failure of Mukuru Africa to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
    5. Severability
      1. If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, Mukuru Africa and you nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of these Terms of Use as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.