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Terms of Use of

Mukuru Card Service

Mukuru Financial Services (Pty) Ltd (“Mukuru”) is an approved Financial Services Provider (FSP), registered under FSP license number 45517 and owns and operates the Mukuru Value Added Services (which include the Mukuru Card and Mukuru Funeral Cover) in South Africa. 

Mukuru Financial Services (Pty) Ltd (“Mukuru”) manages the operation of the Mukuru Card. Standard Bank of South Africa Limited (“Standard Bank”) remains the owner of the Mukuru Card at all times. Below you will find the Mukuru Card – Mukuru Terms and Conditions (“Mukuru Terms”) and the Mukuru Card – Standard Bank Terms and Conditions (“Standard Bank Terms”). It is important to understand that both the Mukuru Terms and the Standard Bank Terms govern your use of the Mukuru Card and both constitute legally binding agreements with you. Please make sure that you have read and understood both sets of terms before you use the Mukuru Card.

MUKURU  CARD – MUKURU TERMS & CONDITIONS (“T&C’S”)

Welcome to the Mukuru Card!

When you sign up for a Mukuru Card (Card), you agree to follow the rules set out in these Terms of Use (Terms), the Card Brochure and the Terms and Conditions of Standard Bank of South Africa (Standard Bank), which can be found directly below these Terms.

This is a contract, so take the time to read and understand these Terms, the Card Brochure, our Privacy Notice and Standard Bank’s Terms and Conditions carefully before you sign up for a Card. Once you have a Card (and Card Information), you agree to be bound by and comply with these Terms. You must continue to comply with these Terms if you want to use your Card.

Here are some important things to know and remember about the Card:

  1. Mukuru Financial Services (Pty) Ltd, Reg. No. 2008/025860/07, (Mukuru) and Standard Bank have partnered to provide registered customers of Mukuru in South Africa with a Card.
  2. Mukuru manages the Card. Standard Bank is the Sponsor Bank for the Card and remains the owner of the Card at all times.
  3. The Card is a reloadable prepaid card for use in South Africa. It is not a bank account.
  4. You need to be at least 18 years old to have a Card.
  5. You need to keep your Card Information safe and not share it with anyone else.
  6. You cannot use the Card for anything illegal or harmful.
  7. The Card does not come with any guarantees, purchase protection, insurance, other promises or services.
  8. Our Privacy Notice tells you how we will use your personal information. When you share your personal information with us, you agree that we can use and share it so we can communicate with you and keep important records (like for legal or accounting reasons). You also agree that we can share your personal information with Standard Bank, Access Bank, Mukuru Partners, service providers and regulatory authorities if it is needed for you to use your Card or for us to comply with the law.   
  9. We can stop you from registering as a Card Customer or stop your Card at any time, without telling you: (i) if you break any of these Terms or any law; (ii) if we find out that you have a criminal record (for fraud or any other crime); (iii) if we think you are using your Card in a way that is harmful to us or anyone else; or (iv) to protect our interests and reputation (for example, where we come across negative information or news about you in the media).
  10. If you have any questions or problems, you can contact us via USSD by dialling *130*566# or via WhatsApp by dialling 0860 018 555 or by calling our Contact Centre at 0860 018 555 (between 08h00 and 19h00), and we will be happy to help. 
  11. We can change these Terms at any time, so make sure you check back regularly.
  1. Key words
    In these Terms, some words have special meanings. Here is what they mean:
    Affiliateis a company that is connected to Mukuru – because they are owned by the same company, or because they are part of a group of related companies.
    Card Balanceis the available money on a Card which can be used at any point in time.
    Card Brochureis a brochure with helpful information about the Card, including a list of Card Fees and a guide to checking balances and limits. 
    Card Customeris a person who has registered as a customer of Mukuru and has performed their first transaction using their Card.
    Card Feeis the fee paid by a Card Customer when using the Card to carry out a transaction.
    Card Informationis a person’s Card Number, expiry date, PIN and CVV (the three digit security code that is printed on the back of a Card).
    KYCis “Know Your Customer”, the process of a business identifying and verifying the identity of its customers using KYC Information. 
    KYC InformationKYC Information is the personal information and documents that a person shares with us so that we can verify their identity and comply with our own KYC policies and the law. 
    Mukuru Money Numberis your unique 11-digit Access Bank number which a Card Customer uses to receive EFT payments.
    Mukuru Partneris a business partner of Mukuru which helps Mukuru provide services to its Card Customers.
    Mukuru Profileis a profile set up on our software system for each Card Customer. 
    PINmeans Personal Identification Number, a secret number that a person can use to prove their identity. When using a Card: (i) a 4-digit PIN is used to access self-service options and make purchases using a phone; and (ii) a 5-digit PIN is used for transactions in person at an ATM or a POS.
    POSmeans Point of Sale, a place where a customer pays for goods or services like a store.
    Rand or “R”is South African Rand, the official currency of South Africa.
    Remittance Voucheris a voucher for a Remittance (the value which a sender sends to a recipient).
    Sponsor Bankis a bank which supports non-bank businesses, such as Mukuru, by allowing them to access the banking system and offer their services to customers.
    Standard Bankis The Standard Bank of South Africa Limited.
     
  2. Signing up as a Card Customer
    1. You need to sign up as a Card Customer to hold and use a Card. 
    2. When you sign up, you promise that all the personal information you give us is true and correct and you give us permission to verify your KYC Information. If your KYC Information changes after you have signed up, you must give us your updated information as soon as possible.
    3. If we think that the information you give us is untrue or incorrect, we can close your Mukuru Profile or pause or stop your Card, without telling you
    4. After you sign up, we may ask you for extra KYC Information so that you can keep using your Card. This information may include proof of the source of the funds (to be) loaded on to your Card or your proof of address.
  3. Validating and Activating your Card
    1. Before you can use your Card, you must sign your name in ink in the space provided on the back of the Card.  
    2. You must load a minimum amount of money, as set out in the Card Brochure, on to your Card before you can use it.
  4. Loading money on to your Card
    You can load money on to your Card in different ways including: (i) by EFT; (ii) by redeeming a Remittance Voucher; or (iii) by paying money in cash at a Mukuru Partner.
    1. Loading money by EFT
      1. The person making the payment must choose Access Bank South Africa to receive the funds and use your Mukuru Money Number. They can enter their own reference for the payment.
      2. The person making the payment must check the bank cut-off times for normal and immediate EFT payments for the bank they are using to make the payment: 
        • (a) Normal EFT payment – is loaded onto your Card on the first working day after the day on which the EFT payment is received.
        • (b) Immediate EFT payment – EFT payment is received right away but will only be loaded onto your Card the next day.
    2. Loading money by using a Remittance Voucher
      1. A maximum of 5 active Remittance Vouchers, displayed from newest to oldest, will be shown on your phone at any time.
      2. If you want to use a Remittance Voucher to load funds on to your Card: (i) your KYC Information must be up to date; (ii) your Card must be active; and (iii) you must have permission to accept the payment of the Remittance. You understand that (i) you are accepting payment of the Remittance linked to the Remittance Voucher; (ii) you agree to the terms and conditions which apply to the remittance; (iii) you will not be able to reverse the payment of the Remittance onto your Card once it has been loaded; and (iv) a Remittance Voucher can only be loaded onto your Card once.
    3. Money loaded to your Card by mistake
      You agree that any money loaded on to your Card by mistake does not belong to you and you cannot keep and use this money. You give us permission to deduct this money from your Card Balance immediately.
    4. No interest
      You will not be paid interest on any funds held by us on your behalf.
  5. Limits
    1. Card Limits
      The limits listed in the table below are subject to the limits set by Standard Bank and can be changed at any time. If there is any difference between the limits below and Standard Bank’s, Standard Bank’s limits will apply.
      Limit TypeMaximum Limit Maximum No. of Transactions 
      Card Balance*R25,000.00*
      Load Amount per month**R25,000.00**
      POS Limit per dayR25,000.008
      POS Limit per monthR25,000.0020
      ATM Withdrawal Amount per dayR 5,000.003
      ATM Withdrawal Amount per monthR25,000.0012

      * The maximum amount of money you can have loaded on to your Card at any one time.
      ** This maximum amount of money can be loaded/withdrawn in one go or in smaller amounts during the month.
    2. Spend Limits
      1. Your Monthly Load Limit does not equal your spend limit.
      2. You can spend all available funds on your Card.
      3. Your total spend limit during any one month = Card Balance on first day of month PLUS all money loaded onto your Card during that month.
    3. Practical example of how limits work
      Transactions Date/sTransaction
      25 JanuaryYou are paid R10,000.00. You spend nothing.
      1 FebruaryYour Card Balance is R10,000.00.
      2 February – 10 FebruaryYou spend the full R10,000.00. 
      16 FebruaryYou are paid R25,000.00. Your Card Balance is R25,000.00.
      17 February – 25 FebruaryYou spend the full R25,000.00. Your Card Balance is R0.00.

      Summary – February Limits
      Total Load Amount during February  R25,000.00 (within Monthly Load Limit)
      Card Balance during February was not more than R25,000.00 at any time (within Available Balance Limit)
      Total February spendR35,000.00 (R10,000.00 + R25,000.00)
  6. Using you Cards
    1. Only a Card Customer is allowed to use the Card given to them.
    2. You must only use your Card for transactions that are legal. If you or anyone else uses your Card for anything that is illegal, you will be responsible for repaying money to anyone who loses money as a result.
    3. You can only use your Card where Mastercard is accepted in South Africa and at an ATM. You can’t carry out transactions inside a bank. 
    4. You can’t use your Card to pay toll fees or for parking at parking garages; or to accept debit orders or international wire transfers.
    5. When you use your Card to pay for something, you will not be able to stop the payment. The value of the payment and the corresponding Card Fee will be taken off your Card Balance instantly.
    6. If you are not sure if an instruction or payment has gone through, contact our Contact Centre on +27 860 018 555. Do not give us the same instruction again unless we have told you that we did not receive it, or you might make the same payment twice.
    7. You must make sure that there is enough money on your Card to pay for any transactions you make and the corresponding Card Fees.
    8. We may delay or reject a transaction for practical reasons or if the law requires us to do so.
    9. If you enter the wrong PIN three times in in a row, your Card will be blocked, and you won’t be able to use it.  You must contact our Contact Centre by dialling 0860 018 555 (between 08h00 and 19h00) to unblock your Card.
  7. Card Fees
    1. Card Fees are set by us and our service providers and are recorded in the Card Brochure.
    2. Some Card Fees are payable per month and some Card Fees are payable every time you use your Card:
      1. Monthly Card Fees – You agree that we can deduct the monthly Card Fees from your Card Balance once a month. If your Card Balance is zero, Card Fees (and any other fees which may be due to us) will be automatically deducted from your Card Balance when you next load funds on to your Card.
      2. Card Fee/Transaction – You agree that we can deduct the Card Fee from your Card Balance when you use your Card for a transaction.
    3. You agree that we can collect any Card Fees due to us even if your Card is blocked or has been stopped.
  8. Protecting your Card and your Card Information
    1. It is your responsibility to keep your Card, Card Information and PIN safe. You must never share your PIN or your Card Information with anyone including your family or our staff.
    2. You must make sure that no-one else uses your Card or Card Information. If someone has your Card and knows your Card Information, they can carry out transactions up to the maximum limits that apply and even withdraw your full Card Balance.
  9. Stopping your Card
    1. You are responsible for everything that happens when your Card is used even if you did not use it. Have a look at 13 below for examples.
    2. If your Card is lost or stolen/you are a victim of an unauthorised SIM swap/an ATM swallows your Card/there are suspicious transactions on your Card/if you think your phone has been accessed without your permission, you must stop your Card:
      1. using USSD by dialling 130566# or WhatsApp by dialling +27 860 018 555 and following the options to stop your Card;
      2. by calling our Contact Centre on 0860 018 555 between 08h00 and 19h00; or
      3. by calling 0861 115 196 between 19h00 and 01h00.
    3. If you don’t stop your Card and it is used by someone else, you will be responsible for any losses that happen before your Card is stopped.
  10. Expiry of your Card
    1. The expiry date of your Card is shown on the front of the Card. 
    2. Your Card is valid until the expiry date (unless it’s cancelled before that date) but you should apply for a new Card before the expiry date.
    3. Card Balance
      1. The Card Balance on your old Card will be automatically transferred to your new Card. 
      2. If you do not apply for a new Card, you must withdraw the full Card Balance before the Card expires. If you don’t apply for a new Card, we will deal with any Card Balance on your old Card when it expires as we see fit.
  11. Liability and Responsibility
    1. We are not responsible if something happens with your Card that causes you to lose money or suffer in some way unless it can be proven that it was our fault. This includes the following:
      1. A payment/transaction is (i) made to the wrong Card/bank account; (ii) delayed; (iii) stopped; or (iv) not received.
      2. You give us incorrect information/instructions when you make a payment and that payment fails or is made to the wrong person.
      3. Your Card is lost, damaged, copied or stolen or there is any fraud/theft/misuse of the funds held on your Card. This includes where someone uses your Card or Card Information and carries out transactions/withdraws some/all of your Card Balance.
      4. Any person/business does not accept payment for goods/services using your Card.
      5. You have complaints about goods/services you bought with your Card.
      6. You miss any bank cut-off times which affects the time when the payment is received.
      7. There is a problem/issue with any electronic facility, a POS device, or a third-party system or network over which we have no control. 
      8. You break any rules in these Terms.
    2. We cannot be held responsible for any additional losses or damages that occur as a result of something that wasn’t directly our fault.
  12. Google Maps
    Mukuru may use a location-related feature called Google Maps to verify your address. Google has rules for using its Maps tool which include the Google Maps/Google Earth Additional Terms of Service and Google’s Privacy Policy. These Google rules are included as part of these Terms.
  13. Address for Notices and Legal Proceedings
    1. Mukuru’s address is Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, 7925, Cape Town, South Africa. This is the address where any legal document or notice for Mukuru must be sent or delivered. 
    2. Any legal document or notice served for legal proceedings must be written on paper. 

MUKURU CARD – STANDARD BANK TERMS & CONDITIONS

  1. INTRODUCTION
    1. These Terms apply when you use the Mukuru Card that Mukuru has given you and constitute a binding legal agreement between you and us.
    2. Please read these Terms carefully and pay special attention to the clauses that are in bold, as they may be important, may limit our liability (responsibility), or involve some risk to you. Defined terms are used exactly as defined.
  2. YOUR MUKURU CARD
    1. When you first receive your physical Mukuru Card
      1. You will get a package from Mukuru that contains your Mukuru Card and Mukuru Card PIN (if applicable). Do not accept an open package as the Mukuru Card or Mukuru Card PIN may have been tampered with.
      2. You must sign your Mukuru Card as soon as you receive it and keep it with you or in a safe place at all times. Only the person who has signed the Mukuru Card will be able to use it.
    2. Activating the Mukuru Card; Your Mukuru Card will not work until Mukuru activates it. Activation will happen either the first time Mukuru loads (deposits) money to your Mukuru Card or as per the process as instructed by Mukuru.
    3. Loading funds to your Mukuru Card and limits that apply; Mukuru may load and reload funds to your Mukuru Card at any time but there will be a limit to how much they can transfer to your Mukuru Card and on your maximum available balance. When giving you the Mukuru Card, Mukuru will let you know about these limits, as well as other limits that apply. You may also find out about these limits from Mukuru.
    4. Mukuru Card ownership; We are the owner of the Mukuru Card. All intellectual property rights to the Mukuru Card (including any trademarks or logos) belong to us and other third parties. You may not use such intellectual property without our permission.
    5. Replacement Mukuru Cards; These Terms and any changes to them will also apply to any replacement Mukuru Cards.
  3. USING YOUR MUKURU CARD
    1. Your Mukuru Card can only be used for transactions in South Africa; You can only use your Mukuru Card for transactions that are in Rand currency or that take place in South Africa.
    2. Functionality; Your Mukuru Card will have the functions as communicated to you by Mukuru.
    3. Your liability for the transactions; When the Mukuru Card is used in a transaction, we assume that such transaction has been authorised by you, even if it took place without your knowledge or consent or was not authorised by you. This means that unless you notified Mukuru beforehand of any unauthorised access to or use of your Mukuru Card or security codes, or your Mukuru Card is compromised (someone uses your Mukuru Card without your knowledge or permission), you are liable for all losses in connection with that transaction.
    4. Confirming and authorising transactions
      1. There are a number of ways in which you may be able to confirm a transaction. These include:
        1. signing your name;
        2. holding your Mukuru Card in front of a contactless card machine;
        3. entering your Mukuru Card PIN; and
        4. entering your Mukuru Card details and any other information required (including any security codes).
      2. Before you confirm a transaction, you must check that the transaction amount is correct and be sure you wish to proceed with the transaction.
      3. After you have confirmed a transaction, it may need to be authorised. The available balance you can access will then reduce. Sometimes a transaction will not be completed after it is authorised, for example where a merchant does not process their transactions until later. If this happens, the transaction amount may be deducted from your Mukuru Card sometime after the transaction took place. You must always make sure that you have enough money on your Mukuru Card to pay for the transaction, irrespective of when the merchant processes it, as you are liable to pay for it.
      4. We have the right to decline any transaction, but we will typically only do this in the following instances:
        1. Where the transaction would cause you to exceed your available balance. (If, as a result of a transaction or the posting of fees or interest, you exceed your available balance, this does not mean that credit has been extended to you by us or Mukuru and you must immediately take steps to correct this. You are responsible for keeping track of your available balance.)
        2. If the transaction would cause you to exceed any of the limits that apply to your Mukuru Card.
        3. If we believe the transaction is not aligned with the parameters we have for you.
        4. If we believe the transaction may be linked to any prohibited activity.
      5. We are not liable if you suffer any loss because of our decision to decline a transaction.
    5. Protecting your Mukuru Card and security codes
      1. You must take all necessary steps to prevent unauthorised or fraudulent use of your Mukuru Card and the security codes.
      2. You must comply with all security guidelines that we or Mukuru may provide to you from time to time. For example:
        1. When using your Mukuru Card at a merchant’s card machine, you should  always keep the Mukuru Card in sight. Try to insert, swipe or tap your Mukuru Card yourself and not hand it over to a merchant or any other person to do this for you.
        2. If you are using an ATM (automated teller machine), always be alert and aware of your surroundings. Never accept help from strangers when using an ATM – if your Mukuru Card is swallowed (retained) by the ATM, or you think your Mukuru Card has been swallowed, contact Mukuru immediately to block your Mukuru Card.
        3. Do not write your Mukuru Card PIN on the Mukuru Card or anything that is kept with the Mukuru Card. Be careful that no one can see you enter your Mukuru Card PIN when you use it. To keep your Mukuru Card information confidential, always take your transaction receipts or ATM statements with you.
        4. Protect your security codes and keep them confidential and only use them for the transaction you have received them for – there is no reason for any person, including our staff, to use them or know about them. You are liable for the use of the security codes that you receive and all activities that occur by means of the security codes. Even if you enter your security codes correctly, we cannot guarantee that a transaction will not be subject to fraud.
        5. Keep your device software up to date.
        6. Take reasonable precautions to keep any device safe and secure. We strongly recommend that you protect any device in your possession with an access code, biometrics (face or fingerprint), password or pattern lock.
        7. Immediately inform us and your mobile network operator if your device is stolen or if you believe you have been a victim of a SIM swap and also report the incident to the police station.
        8. Immediately change your email password and other security codes if you suspect that your email address or other personal information has been compromised or your device has been stolen.
      3. If someone manages to steal or compromise your Mukuru Card and they also have your security codes, they could use your Mukuru Card   to do transactions up to the maximum limits that apply and transfer all the money out of your Mukuru Card. If your device is stolen, there is a risk that they could also get a hold of your  personal information on the device, because they have access to your SMSes, emails and the like.
  4. FEES AND COSTS THAT RELATE TO THE USE OF THE MUKURU CARD
    1. The fees for the use of the Mukuru Card can be obtained from Mukuru, who can be contacted for more information about this.
    2. You will not be paid any interest on the available balance.
  5. KEEPING YOUR CONTACT DETAILS UPDATED
    1. You must promptly tell Mukuru if your contact details (including your email address and telephone number) change and ensure that they always have complete, accurate and up to-date contact details for you. If you do not do this, it may impact your rights under these Terms. For example, they may not be able or required to send you security tokens or send you fraud notifications or other important information, such as changes to the Terms or any security guidelines relating to the use of your Mukuru Card. Neither we nor Mukuru can be held liable if circumstances beyond their and our control prevent you from receiving communications or security tokens, for example if your mobile network provider is having technical issues, your email address has been compromised or you are a victim of a SIM swap.
  6. WHAT TO DO IF YOU HAVE A PROBLEM
    1. Security problems and unauthorised transactions
      1. If your Mukuru Card is lost or stolen, or if you believe that your security codes have been compromised or that your Mukuru Card has been used to do transactions without your permission, or if you become aware of any suspicious or unauthorised transactions on your Mukuru Card, you must contact Mukuru immediately to block your Mukuru Card. If you fail to do so, you may be liable for any losses that result from your failure to notify Mukuru or any delay in doing so.
      2. Your liability for transactions before the Mukuru Card was blocked; Even if you have asked Mukuru to block the Mukuru Card or blocked it yourself, you will remain liable for all transactions processed before the Mukuru Card was blocked, including:
        1. Any transaction where you breached these Terms, before or after the Mukuru Card was blocked.
        2. Any transaction that you authorised against your Mukuru Card (including a recurring transaction, such as a magazine subscription, before or after the Mukuru Card was blocked).
        3. Any transaction that you authorised before the Mukuru Card was blocked but that was processed afterwards (for example if the original transaction was processed offline, or if the merchant processed the transaction late).
      3. When you are not liable; You are not liable for loss caused by:
        1. Fraudulent or negligent conduct on our part in fulfilling our obligations (or on the part of Mukuru in fulfilling their obligations).
        2. Faults that occur in our or Mukuru’s systems, including the systems used to provide any services related to the Mukuru Card, unless the faults are obvious or advised by a notice or message.
        3. Transactions processed after the Mukuru Card was blocked, except under the circumstances set out in clause 6.1.2.1.
        4. Any other transaction where it is clear that you could not have contributed to the loss.
    2. Other transaction disputes
      1. If you are not happy with goods and services you have purchased with your Mukuru Card or you believe the merchant has charged you incorrectly, you should first try to resolve your dispute with that merchant. It is your responsibility to comply with any terms that a merchant imposes on you in respect of a transaction.
      2. If this does not resolve your dispute, you may have additional rights under the payment scheme dispute process.
      3. You must notify Mukuru of the dispute within 60 days from the date of the transaction and if they ask you for further information you must provide that information as soon as possible. Our and their ability to obtain a refund may be restricted under the payment scheme rules, depending on how quickly you notify Mukuru.
      4. If your dispute fails but you have already been credited with the transaction amount, this amount will be taken from your Mukuru Card again together with all the applicable fees.
      5. A merchant can dispute any reversal made and if the dispute is found to be valid, your Mukuru Card will be re-debited with the transaction amount (which may cause your Mukuru Card to be overdrawn).
      6. If you have a dispute with a merchant, that dispute does not give you the right to –
        1. instruct us to refuse to pay the merchant for goods purchased or services obtained by you on your Mukuru Card. If we make a payment to a merchant for your transaction, it is final unless it can be reversed in terms of the payment scheme rules, or if it is clearly an error (such as a double debit for the same amount); or
        2. refuse to pay us for payments already made to the merchant, whether or not such payment was made in respect of the goods that are the subject of a dispute, or
        3. instruct us to reverse a payment already made to the merchant.
      7. Merchants are responsible for their transactions and they are separate from Standard Bank and Mukuru. Neither we nor Mukuru can be held liable if a merchant does not accept your Mukuru Card or if you have a complaint about goods or services that you paid for with your Mukuru Card.
  7. OUR RIGHT TO DELAY OR SUSPEND A TRANSACTION, OR TO BLOCK YOUR MUKURU CARD
    1. We may delay or suspend a transaction; We may delay or suspend payment of a transaction amount where:
      1. the amount is not in line with our risk detection parameters (these are measures that we use to help us categorise, evaluate and prioritise risks and they are confidential to us); or
      2. we believe that the transaction, or the batch it is in, is invalid, is linked to any prohibited activity or may harm someone.
    2. Our right to block your Mukuru Card
      1. We may immediately block your Mukuru Card, for example:
        1. If we suspect that sanctions will be imposed on you or that you are involved in any prohibited activity.
        2. If you no longer have a relationship with Mukuru or Mukuru has asked us to block or stop your Mukuru Card.
        3. If your Mukuru Card has expired and you have not ordered a replacement        Mukuru Card.
        4. If you have breached these Terms.
        5. If you have exceeded the number of permissible tries to enter your security codes for any transaction.
        6. If your KYC (“know your client”) obligations are not up to date.
        7. If we suspect that we are exposed to risk through your use of the Mukuru Card or we suspect that you are exposed to risk.
        8. If we are required by law or by any regulatory authority or  payment scheme or ordered by a court of law to do so.
      2. Where possible we will try to give you notice before we block your Mukuru Card. Depending on whether or not it is necessary to protect our rights and those of any affected third parties, we may also secure the money related to the impacted transaction and transfer it into a suspense account.
      3. There are circumstances under which transactions can still be processed even after the Mukuru Card is blocked. These include the transactions set out in clause 6.1.2.1. You are liable for all such transactions.
  8. WHERE WE DISCLAIM LIABILITY; Except in the case of negligence or fraud on our part in fulfilling our obligations, or except as set out in law, we are not liable:
    1. For any loss that you suffer if we have stated in these Terms that we are not liable.
    2. For any loss that you suffer because you breached these Terms.
    3. For any loss caused by circumstances beyond our control.
    4. For any indirect or consequential loss, no matter how caused.
  9. COLLECTING, SHARING, USING AND PROTECTING PERSONAL INFORMATION; We treat personal information according to our privacy statement at www.standardbank.co.za. This privacy statement is aligned with the law with regard to collecting, sharing, using and protecting personal information.
    1. What personal information is; Personal information is information about a person. This includes information about:
      • their name if it appears with other personal information relating to them or if the disclosure of their name itself would reveal information about them;
      • their telephone number, email, postal or physical address and location;
      • their race, nationality, ethnic or social origin, colour, culture, language and birth;
      • their marital status, sexual orientation, gender, sex and pregnancy;
      • their age and biometric information;
      • their physical or mental health, well-being, disability and medical history
      • their religion, convictions, beliefs, personal opinions, views or preferences and the views or opinions of another individual about them;
      • their education, financial or employment history and account related information;
      • their criminal history;
      • any identifying number, symbol or online identifier and any other particular assignment to them; and
      • correspondence sent by them that is implicitly or explicitly private or confidential; or further correspondence that would reveal the contents of the original correspondence.
    2. About processing of information; The processing of information means any operation or activity (whether automated or not) relating to personal information, including:
      1. receiving, collecting, collating, organising, recording, storing and retrieving;
      2. using and consulting;
      3. disseminating, transmitting, distributing or making available in any other form;
      4. linking, merging, modifying, altering and updating; and
      5. blocking, destroying, erasing and degrading.
    3. Your consent for processing of your personal information; You give your consent for us and Mukuru to collect your personal information from you and, where lawful and reasonable, from public sources for credit, fraud prevention and compliance purposes, for the purpose of sharing such personal information with each other and processing it for the purposes set out below.
    4. Your authority to provide personal information of others; You confirm that, if you give us or Mukuru personal information about or on behalf of other persons (including your spouse/s, partner or agent), you are authorised to: (a) give us the personal information; (b) consent on their behalf to the processing of their personal information, and specifically with regard to any cross-border transfer of personal information to, from and outside the country where the Mukuru Card is provided; and (c) receive any privacy notices on their behalf.
    5. Your consent for processing of personal information; You give your consent for us and Mukuru to process your personal information:
      1. to provide the Mukuru Card to you and any other products or services for which you may apply.
      2. to comply with legal and regulatory obligations.
      3. to carry out statistical and other analyses to identify potential markets and trends and evaluate and improve our business (this includes improving existing products and services and developing new ones).
      4. in countries outside the country where the Mukuru Card is provided. (These countries may not have the same data protection laws as the country where the Mukuru Card is provided. Where we can, we will ask the receiving party to agree to our privacy policies.)
      5. by sharing your personal information with our third-party service providers and insurers locally and outside the country where the Mukuru Card is provided. (We ask all parties that provide services to us, including our insurers, to agree to our privacy policies if they need access to any personal information to fulfil their obligations.)
      6. within the Standard Bank group of companies (Standard Bank Group Limited, its subsidiaries and their subsidiaries).
  10. YOU MUST COMPLY WITH ALL APPLICABLE LAWS
    1. You must not engage in prohibited activities; You must comply with all applicable laws. You must not engage in any prohibited activities or use the Mukuru Card for any such activities.
    2. You must not engage with entities that are sanctioned; You must not use the Mukuru Card to assist or benefit a sanctioned entity or make it available for this purpose.
    3. You warrant that you are not a sanctioned entity
      1. You warrant that you are not a sanctioned entity and that you are not being investigated for any activities relating to sanctions. If you are being investigated for any activities relating to sanctions or you are subject to sanctions, you must let us know about this immediately and in writing.
      2. You must compensate us for any loss that we suffer if your money is withheld or seized or blocked by a sanctioning body.
    4. We may investigate suspected prohibited activities; You must help us, at your expense, to investigate any prohibited activities and give us all information we ask for relating to the prohibited activities. You give us consent, if we suspect or find any prohibited activity, to share the relevant details with any of the following:
      • Any regulatory authority
      • The South African Banking Risk Information Centre (SABRIC)
      • The Southern African Fraud Prevention Service (SAFPS)
      • Any entity involved in fraud prevention or law enforcement
      • Affected third parties.
  11. WE MAY CHANGE THE TERMS OF THE AGREEMENT; Subject to any applicable laws, we can change these Terms or any part of them at any time. We or Mukuru will tell you about these changes, through our website, through the portal, by SMS or email or through any other form of communication that we or Mukuru may use. If you don’t agree to the changes you should not use the Mukuru Card anymore. You must not change any of the Terms or any part of them. If you continue to use the Mukuru Card after we change the Terms, we will assume that you have agreed to the changes and agreed to be bound by them.
  12. ADDRESS FOR NOTICES AND LEGAL PROCEEDINGS
    1. We choose the registered address at Standard Bank Centre, 5 Simmonds Street, Johannesburg 2001 as the address where any legal document or notice must be served or delivered to us.
    2. Any legal document or notice served for legal proceedings must be written on paper. The provisions of the Electronic Communications and Transactions Act 35 of 2002 that would otherwise be relevant do not apply to these legal documents or notices
  13. RESOLVING PROBLEMS AND COMPLAINTS
    1. Contact details for questions and complaints
      1. If you have any questions or complaints about your Mukuru Card or these Terms, you must first contact Mukuru. If Mukuru does not help you, then you can contact us at [email protected] or 011 803 3118.
      2. If you still have a problem or if you are not happy with the way it was resolved, you can contact the Ombudsman for Banking Services through the website at www.obssa.co.za, by telephone at 0860 800 900 or by email at [email protected].
    2. Ending the relationship between you and us
      1. You can stop using the Mukuru Card at any time. If you do not wish to use it anymore, you must make a reasonable effort to spend any remaining money on it, or you must claim this money from Mukuru.
      2. We can end the relationship with you in respect of the Mukuru Card for the reasons set out in clause 7.2.1.
      3. If our relationship with you ends, this means that you must stop using the Mukuru Card. Mukuru will tell you if this also ends their relationship with you.
      4. If the law allows it, you have the right to a refund of the remaining balance on the Mukuru Card. Mukuru will let you know at the time what you must do to get this refund.
  14. DEFINITIONS
    • available balance means the money that you have available to spend on your Mukuru Card at any given time.
    • applicable laws means the following, as updated from time to time and as they apply to your or our obligations under these Terms:
      • all national, provincial, local and municipal legislation or subordinate legislation, ordinances, regulations or by-laws;
      • regulations, policies, directives, position papers, rules or other instructions of any relevant regulatory authority;
      • any instrument having the force of law;
      • the common law, judgment, order or decree.
    • device means a mobile phone, tablet or similar technology that you use to transact or store personal information, to receive or input security codes or to send or receive emails. It also refers to any device through which you access the portal.
    • merchant means a person or entity that is authorised to accept Mukuru Card payments for their goods or services.
    • Mukuru means the person or entity that provides the Mukuru Card to you and/or manages the portal.
    • Mukuru Card means the Standard Bank prepaid card, wearable or other payment instrument that incorporates the Mukuru Card details. A reference to Mukuru Card includes any replacement Mukuru Card.
    • Mukuru Card details mean your name as it appears on the Mukuru Card, the Mukuru Card number, the expiry date, the CVV (Mukuru Card verification value) or any other credential associated with your Mukuru Card.
    • Mukuru Card PIN means the personal identification number that applies to your Mukuru Card. It is only known by you
    • portal means the mobile application or website platform owned or managed by Mukuru.
    • processed in the context of transactions means that the merchant has processed a transaction and the money has been withdrawn from your Mukuru Card. Some merchants may only process their transactions long after they take place.
    • prohibited activities means:
      • any activities that do not comply with applicable laws or that go against these Terms;
      • illegal or terrorist activities, or the financing of these activities;
      • money laundering, bribery, tax evasion, corruption, fraud or payments that improperly advantage any person;
      • any activities that are subject to sanctions, which are measures imposed or restrictions set by a sanctioning body, including diplomatic, travel, trade or financial sanctions or embargoes.
    • replacement Mukuru Card refers to the new Mukuru Card that Mukuru gives to you when your old Mukuru Card is lost, stolen or damaged. regulatory authority means any authority that has jurisdiction over you, us or the activities covered by these Terms, including:
      • any national, municipal, provincial, other local or administrative government, authority or department;
      • any agency, tribunal, commission, regulator, self-regulatory body or similar body (such as the South African Reserve Bank and the Payments Association of South Africa).
    • sanctioned entity means a person, organisation or country that is under sanctions or that is on a list published by a sanctioning body (sanctions list), including:
      • In the case of a country, its ministries, departments and agencies and any other governmental organisations.
      • Any person who owns or controls a juristic person (for example, a company, trust or organisation).
      • Any person who is owned by or controlled by a juristic person.
    • In this context:
      • ‘owns’ means holding any percentage of ownership or beneficial interest; and
      • ‘controls’ means the ability to control the business or policy of the juristic person, whether directly or indirectly, through the voting of shares, by appointing directors or by any other means).
      • sanctioning bodies includes the European Union (EU), Her Majesty’s Treasury (HMT), the Ministry of Economy, Finance and Industry (France) (MINEFI), the Office of Foreign Assets Control of the Department of Treasury of the United States of America (OFAC), the United Nations Security Council (UNSC) and any other sanctioning body that we recognise.
      • security code means any confidential code, user name and password, Mukuru Card PIN, security token or other information that you must use to confirm your identity when you make a payment with your Mukuru Card or access the portal.
      • security token means a unique randomly generated OTP (one time password) or other verification information designated by us as a means of identifying you.
      • SIM swap means the SIM Mukuru Card connected to your mobile phone number is changed without your knowledge or consent.
      • SMS means a short message service using a mobile phone.
      • transaction means any transaction made with the Mukuru Card, including a purchase (whether through a Mukuru Card machine or ecommerce) or cash withdrawal.
      • you means the person to whom the Mukuru Card is issued and who is liable for all transactions on the Mukuru Card.
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