Home > Legal > Mukuru Money Transfer Service

Mukuru Money Transfer Service

INTRODUCTION
1. Welcome to the www.mukuru.com website, home of the Mukuru Money Transfer Service. The Mukuru Money Transfer Service was created to assist individuals such as yourself to send money to and receive money from family and friends around the world. It is operated in South Africa by Mukuru Africa (Proprietary) Limited (“Mukuru Africa”) under the trading name of Mukuru subject to these Terms of Use and applicable law.
2. Mukuru Africa is a private company incorporated under the laws of South Africa with Registration Number 2013/003424/07, having its registered office at Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town, South Africa. Mukuru Africa holds an Authorised Dealer in Foreign Exchange with Limited Authority (Category 2) licence from the South African Reserve Bank which allows Mukuru Africa to operate as Bureaux de Change and offer money remittance services in partnership with external money transfer operators and other business partners.
3. These Terms of Use govern the terms under which you may register as a user of the Mukuru Money Transfer Service in South Africa and thereafter utilise the Mukuru Money Transfer Service. You are encouraged to read these Terms of Use carefully because, by registering as a user of the Mukuru Money Transfer Service and thereafter continuing to use the Mukuru Money Transfer Service, you agree to be bound by and comply with these Terms of Use.
4. Please note that once you have registered as a user of the Mukuru Money Transfer Service, your account may be terminated at any time, with or without notice to you, if:
  1. your conduct is in breach of these Terms of Use;
  2. your conduct is deemed to be harmful to the business of Mukuru Africa or any of its affiliates; or
  3. your use of the Mukuru Money Transfer Service is harmful to any other party.
INTERPRETATION
1. Definitions
2. For the purpose of these Terms of Use, the following words shall bear the following meanings:
  1. “Affiliate” means a holding company of Mukuru Africa or any subsidiary of a holding company of Mukuru Africa from time to time;
  2. “Cash Remittance” means a Remittance which is disbursed to a Recipient in one of the following forms (as elected by the Sender or the Recipient, where applicable):
    1. disbursement at a Pay-Out Partner’s branch or store or other retail outlet; or
    2. collection of the Remittance from an agent of a Pay-Out Partner; or
    3. withdrawal of the Remittance from a Pay-Out Partner’s ATM.
  3. “Digital Remittance” means a Remittance which is disbursed to a Recipient in one of the following forms (as elected by the Sender or the Recipient, where applicable):
    1. having his/her bank account credited; or
    2. having his/her mobile wallet credited as mobile money value (where SARB has approved of the disbursement of Remittances in this form); or
    3. having his/her digital wallet credited as digital money value.
  4. “Financial Institution” means a company which is engaged in the business of dealing with monetary transactions, such as deposits, loans, investments and currency exchange.
  5. “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.
  6. “FICA” means the Financial Intelligence Centre Act No 38 of 2001.
  7. “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.
  8. “KYC” means “Know Your Customer” which is the process of a business identifying and verifying the identity of its clients.
  9. “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.
  10. “Mukuru Money Transfer Service” means the international remittance service operated in South Africa by Mukuru Africa which provides registered users in South Africa with the ability to initiate the transfer of value to designated recipients within and outside South Africa.
  11. “Mukuru Money Transfer Service Fee” means the fee paid by a Sender when creating an order for a Remittance Transaction.
  12. “Pay-Out Partner” means an entity appointed by Mukuru Africa or one of its affiliates to disburse a Remittance in the country identified in the Sender’s payment instructions when initiating a corresponding Remittance Transaction.
  13. “Product Remittance” means a Remittance which is disbursed to a Recipient at a Pay-Out Partner’s branch or store or other retail outlet in the form of a product or service which includes, but is not limited to, groceries, stationary and air-time (as elected by the Sender or the Recipient, where applicable) where SARB has approved of the disbursement of Remittances in this form.
  14. “Receiving Currency” means the Legal Tender recognised in the country in which the Recipient resides.
  15. “Recipient” means the individual who is designated by the Sender as the beneficiary of a Remittance Transaction and to whom the Remittance is disbursed by a designated Pay-Out Partner.
  16. “Remittance” means the value disbursed to a Recipient by a Pay-Out Partner in the form of a Cash Remittance, a Digital Remittance, a Product Remittance or a Wicode Remittance.
  17. “Remittance Transaction” means the transmission of value via the Mukuru Money Transfer Service to a designated Recipient pursuant to an instruction received from a Sender.
  18. “Sender” means the individual who is a registered user of the Mukuru Money Transfer Service and who initiates a Remittance Transaction for the benefit of the Recipient.
  19. “SARB” means the South African Reserve Bank, the central bank of South Africa.
  20. “South Africa” means the Republic of South Africa.
  21. “Wicode” means the mobile technology platform that facilitates mobile transactions by consumers (including vouchers, coupons or loyalty transactions) in an in-store or retail environment.
  22. “Wicode Remittance” means a Remittance which is disbursed to a Recipient (as elected by the Recipient, where applicable) through the creation by the recipient of a Wicode via Mukuru’s USSD or Whatsapp channels.
3. 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 Money Transfer Service.
IMPORTANT NOTICES
1. These Terms of Use contain specific provisions which limit the liability of Mukuru Africa, 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 Money Transfer Service.
2. Only persons who are 18 years or older may register as a user of the Mukuru Money Transfer Service. By registering as a user of the Mukuru Money Transfer 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. If your designated Recipient is below the age of 18 years, you agree to indemnify and hold harmless Mukuru Africa and its Affiliates, their respective 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 Money Transfer 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 the security procedures employed by Mukuru Africa you must treat such information as confidential, and you must not disclose it to any third party. In this regard:
  1. You agree to immediately notify Mukuru Africa if your user name, password or PIN is lost or stolen, is used without your permission or if there is any other breach of security. You agree that you are only allowed to create and maintain one registered user account; and
  2. Mukuru Africa reserves the right to disable any user name, password or PIN, 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.
5. For security reasons, Mukuru Africa recommends that you only send money through the Mukuru Money Transfer Service to people you know personally. You must not use the Mukuru Money Transfer Service to send money to strangers, for example, sellers of goods and/or services whether private or retail.
LEGAL REQUIREMENTS
1. Declaration
  1. By registering as a user of the Mukuru Money Transfer Service and by initiating a Remittance 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 whether directly or indirectly is true and correct in all respects;
    3. the currency applied for will o nly be used for the specific purpose stated by you to Mukuru Africa;
    4. you have been informed of any limits which may be applicable to the confirmed Remittance Transaction and you confirm that any such limit, if applicable, will not be exceeded as a result of the conclusion of such Remittance Transaction; and
  2. you consent to the above information being provided to the South African Revenue Service and/or the FIC.
2. KYC and FICA
  1. In order to register as a user of the Mukuru Money Transfer Service, you will be required to provide certain personal data (proof of identity, proof of income and proof of residence) to enable your identity to be verified and to ensure compliance with FICA and the internal KYC policies of Mukuru Africa. All documents confirming such personal data are referred to as KYC documents. KYC 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, whether directly or indirectly, 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, your Mukuru Account will be closed immediately and the relevant authority notified.
  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, whichever is applicable, is obliged to and will provide the FIC with such personal data, information and documentation upon request.
3. Single Discretionary Allowance
  1. South African citizens (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 Money Transfer Service or any other Financial Institution to transfer funds out of South Africa.
4. Reporting to SARB
  1. Every Remittance Transaction successfully completed via the Mukuru Money Transfer Service must be reported to SARB. This report includes the personal details of the Sender and the Recipient and the details of the completed Remittance Transaction (order, payment, pay-out).
  2. When compiling the report, the Sender’s personal details are obtained from the KYC documents submitted upon registration.
  3. By submitting your KYC documents and using the Mukuru Money Transfer 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:
    1. 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 Money Transfer Service or the public; or
      4. protect against legal liability; or
  2. third party companies or entities with which Mukuru Africa contracts, whether directly or indirectly, to provide the Mukuru Money Transfer Service where such companies or entities require access to your personal information to perform their own regulatory functions and not for any other purposes.
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 Money Transfer Service to ensure compliance with FICA and Mukuru Africa’s KYC Policy.
  2. There are three types of registration:
    1. “Mukuru Lite” which is a registration in terms of which you will be required to:
      1. submit the following information to Mukuru Africa:
        
        Full names;
        
        Gender;
        
        Date of birth;
        
        Mobile phone number; and
        
        Identity number;
      2. verify your mobile phone number; and
      3. accept these Terms of Use.
    2. “Mukuru Core” which is a registration in terms of which you will be required to:
      1. submit the following information to Mukuru Africa:
        
        Full names;
        
        Gender;
        
        Date of birth;
        
        Mobile phone number;
        
        Identity number;
        
        Physical address; and
        
        Occupation;
      2. verify your mobile phone number;
      3. accept these Terms of Use;
      4. submit a clear selfie of yourself holding a copy of your identity document; and
      5. submit a clear image of your identity document.
    3. “Mukuru Max”for South African residents which is a registration in terms of which you will be required to:
      1. submit the following information to Mukuru Africa:
        
        Full names;
        
        Gender;
        
        Date of birth;
        
        Mobile phone number;
        
        Identity number;
        
        Physical address; and
        
        Occupation;
      2. verify your mobile phone number;
      3. accept these Terms of Use;
      4. submit a clear selfie of yourself holding a copy of your identity document;
      5. submit a clear image of your identity document; and
      6. submit written proof of your home address.
    4. “Mukuru Max”for foreign nationals which is a registration in terms of which you will be required to:
      1. submit the following information to Mukuru Africa:
        
        Full names;
        
        Gender;
        
        Date of birth;
        
        Mobile phone number;
        
        Identity number;
        
        Physical address; and
        
        Occupation;
      2. verify your mobile phone number;
      3. accept these Terms of Use;
      4. submit a clear selfie of yourself holding a copy of your identity document;
      5. submit a clear image of your identity document; and
      6. submit written proof of income.
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. Remittance Transaction Processing and Delivery Schedule
  1. Every Remittance will be disbursed (as elected by the Sender or the Recipient, where applicable) by a Pay-Out Partner to your Recipient in compliance with your choice when creating the Remittance Transaction and in accordance with the instructions received from Mukuru Africa as either a Cash Remittance, Digital Remittance or Product Remittance. However, where the Recipient has an option to change the form of the Remittance to be disbursed to him or her, the Remittance will be disbursed by the Pay-Out Partner in the form chosen by the Recipient.
  2. You will be responsible for the creation and management of your Recipients. You agree to accept responsibility for ensuring that Mukuru Africa receives complete and correct details of all your Recipients. Mukuru Africa cannot be held responsible for any loss or damage suffered by any party whomsoever that results from you entering incorrect information and/or other errors caused by you and you indemnify Mukuru Africa against any loss, damage or claim by any such party which may arise as a result of the incorrectly entered information and/or errors.
4. Cash Remittances and Digital Remittances
  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 Remittance and the Mukuru Money Transfer Service Fee from you, the Cash Remittance/Digital Remittance will be disbursed to your Recipient by the Pay-Out Partner.
  2. Mukuru Africa cannot be held responsible for:
    1. any delay in payment of the Cash Remittance or the Digital Remittance 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 Cash Remittance or Digital Remittance;
    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.
  3. Product Remittances
    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 Remittance (which in the case of Product Remittances, is inclusive of the Mukuru Money Transfer Service Fee) from you, your Recipient will need to visit a designated Pay-Out Partner’s store where he or she will receive the Product Remittance from the Pay-Out Partner.
    2. Mukuru Africa cannot be held responsible for:
      1. any delay in the receipt of the Product Remittance by the Recipient;
      2. the unavailability of any item forming part of the Product Remittance in the Recipient’s country of residence – if the Pay-Out Partner has insufficient quantities of any part of the Product Remittance for distribution to your Recipient, your Recipient will need to return to collect the Product Remittance or a part of the Product Remittance at a later date.
      3. PLEASE NOTE:
        
        The amount of the Remittance which must be paid by you in order for your Recipient to receive disbursement of a Product Remittance from the Pay-Out Partner may be revised and changed by Mukuru Africa at any time. The applicable revision or change will be advertised along with the date upon which such revision or change will take effect.
        
        The Product Remittance which will be received by your Recipient will be as advertised from time to time. However, the items forming part of a Product Remittance which are advertised from time to time are subject to availability and, in the event an advertised item is unavailable, it will be replaced with a similar product of equal value.
        
        The Recipient must check all items forming part of the Product Remittance upon collection while he or she is still in the designated Pay-Out Partner’s store and, if any item is found to be defective, the defect must be reported to the Pay-Out Partner immediately and an exchange requested before the Recipient leaves the store. Any grocery items may not be exchanged after the Recipient has left the Pay-Out Partner’s store – even if later found to be defective.
      4. Mukuru Africa will attempt to process Remittance Transactions promptly but any Remittance 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.
      5. Mukuru Africa may, in its sole discretion, refuse to process Remittance Transactions from certain Senders or to certain Recipients including, without limitation, individuals on restricted or prohibited lists.
  4. Wicode Remittances
    1. Where the amount of the Remittance that the Recipient would receive is R2999 or below, the Recipient will be granted the choice of converting a Cash Remittance into a Wicode Remittance.
    2. The Recipient may do so via USSD by dialling *130*567# or via Whatsapp by dialling +27860018555.
    3. A Wicode can be utilized by the Recipient at any of the Shoprite Group of stores or such other stores as may be announced on the Mukuru website from time to time.
    4. A Wicode expires 7 (seven) days after being issued to the Recipient, whereafter the Recipient will have to reapply for a new Wicode.
    5. Mukuru Africa cannot be held responsible for:
      1. any delay in issuing of the Wicode Remittance 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 Wicode Remittance.
  5. Mukuru Africa will attempt to process Remittance Transactions promptly but any Remittance 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.
  6. Mukuru Africa may, in its sole discretion, refuse to process Remittance Transactions from certain Senders or to certain Recipients including, without limitation, individuals on restricted or prohibited lists.
5. Cancellations and Refunds
  1. If you instruct Mukuru Africa to process a Remittance Transaction and then subsequently request that the Remittance Transaction be stopped or reversed, Mukuru Africa will first need to confirm whether the Pay-Out Partner has disbursed the Remittance to the Recipient before the transaction can be stopped or reversed.
  2. f Mukuru Africa can confirm that the Remittance has not been disbursed to the Recipient, the Remittance Transaction will be cancelled and Mukuru Africa will refund the amount of paid 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 Pay-Out Partner. For further information, please contact the customer service department at +27 86 001 8555 or email [email protected].
6. Restrictions for Remittance Transactions
  1. Mukuru Africa reserves the right, in its sole discretion, to:
    1. reject a proposed Remittance Transaction
    2. limit the amount of a Remittance Transaction;
    3. require additional information to complete a Remittance Transaction; and/or
    4. take reasonable measures with respect to a Remittance Transaction in an effort to comply with applicable laws and regulations.
  2. The Mukuru Money Transfer Service is offered exclusively for the personal remittance needs of users. Any other use or attempted use of the Mukuru Money Transfer 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 receive disbursement of the Remittance because incorrect information was provided for the Recipient when the Remittance 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 Remittance 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.
  5. You will only be allowed to settle an order for a Remittance Transaction (including the corresponding Mukuru Money Transfer Service Fee) into Mukuru Africa’s designated bank account from a bank account registered in your name and not from a bank account registered in the name of another third party.
7. Limits
  1. A “Mukuru Lite” customer can send a maximum of R2,000.00 (two thousand Rand) per calendar month and cannot send to countries deemed “high risk” by Mukuru Africa in its sole discretion. In order to send more than R2,000.00 per calendar month, a customer will be required to upgrade to “Mukuru Core”.
  2. A “Mukuru Core” customer can send a maximum of R25,000.00 (twenty-five thousand Rand) per calendar month. In order to send more than R25,000.00 per calendar month, a customer will be required to upgrade to “Mukuru Max”.
  3. A “Mukuru Max” customer who is a South African resident can send a maximum of the single discretionary allowance of R1 million (one million Rand) per individual per calendar year.
  4. A “Mukuru Max” customer who is a foreign national can send a maximum of the customer’s monthly salary x 12 per calendar year.
  5. Fees
    1. For registration
      1. Registration with the Mukuru Money Transfer Service is free of charge.
    2. For use of the Mukuru Money Transfer Service
      1. In consideration of your use of the Mukuru Money Transfer Service, you agree to pay a service Fee per Remittance Transaction executed through the Mukuru Money Transfer Service.
      2. Payment of the Mukuru Money Transfer Service Fee is due at the time that you instruct Mukuru Africa to process your Remittance Transaction.
      3. The Mukuru Money Transfer Service Fee is subject to review and can be changed at any time at the sole discretion of Mukuru Africa.
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 Money Transfer Service.
2. In addition to the conduct stipulated in 6.1, 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
3. Mukuru Africa believes that your actions may cause Mukuru Africa to suffer financial loss or incur legal liability.
MARKETING
1. By registering as a user of the Mukuru Money Transfer Service, you agree to allow Mukuru Africa or any of its Affiliates 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.
ELECTRONIC COMMUNICATIONS
1. You acknowledge that:
  1. any communication sent in the form of an electronic message (a communication sent through an electronic channel including email, social media, WhatsApp, text and instant message) is not a secure or error-free medium of communication;
  2. there are risks implicit in transmitting communications electronically including the risk that the electronic message received by Mukuru Africa may be different from the electronic message which you actually sent or intended to send as a result of the malfunction of equipment, the distortion of communication links and the like; and
  3. it is not practical for Mukuru Africa to establish the authenticity of all electronic messages which purport to have been sent by you.
2. Notwithstanding 8.1 above, you hereby irrevocably and unconditionally authorise Mukuru Africa to:
  1. accept all instructions, mandates, consents, commitments, and any other documentation transmitted by you by electronic message and which purport to emanate from you (‘’electronic instructions”); and
  2. act upon such electronic instructions.
3. You agree that the following categories of information (“Communications”) may be provided by electronic means to you:
  1. these Terms of Use and any amendments, modifications or additions to these Terms of Use;
  2. the record of your Remittance Transactions which have been processed through the Mukuru Money Transfer Service;
  3. any initial, periodic or other disclosures or notices provided in connection with the Mukuru Money Transfer 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 Money Transfer Service; and
  5. any other communication related to the Mukuru Money Transfer Service.
4. You undertake to implement and adhere to any procedures and/or restrictions imposed on you by Mukuru Africa from time to time regarding the sending of electronic instructions to Mukuru Africa.
5. You acknowledge that Mukuru Africa is not obliged to act on your electronic instructions and that it may at any time on written notice to you terminate your use of the Mukuru Money Transfer Service.
6. You acknowledge that same day value for any remittance transactions may only be given if the electronic instruction is received by Mukuru Africa by 14:30pm.
7. You acknowledge and accept that Mukuru Africa is not liable for errors or delays in the transmission of your electronic instructions, or the misinterpretation upon receipt of such electronic instructions, or for any loss or damage from whatever cause which may arise from Mukuru Africa accepting your electronic instructions unless such loss or damage may arise from the proven unlawful or fraudulent acts of the employees of Mukuru Africa.
8. You hereby waive any rights you may have or may obtain against Mukuru Africa arising directly or indirectly from any losses or damages which you may suffer due to Mukuru Africa acting on your electronic instructions and you hereby indemnify Mukuru Africa in respect of any claims, demands or actions made against Mukuru Africa or losses or damages suffered by Mukuru Africa because your electronic instructions were acted upon.
9. The limitation of liability and indemnity contained in clauses 8.7 and 8.8 above will remain in full force and effect until cancelled by you in writing.
COLLECTION OF INFORMATION
1. You consent to Mukuru Africa processing your personal information for the purposes of providing the Mukuru Money Transfer Service, including for the verification of your identity.
  1. You also consent to the use of such personal information for communicating with you, and for statutory, accounting and archival purposes.
2. You acknowledge that you have read and agreed to be bound by Mukuru Africa’s Privacy Policy.
INTELLECTUAL PROPERTY
1. The Mukuru Money Transfer Service and all intellectual property incorporated in or related to the Mukuru Money Transfer 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.
NO WARRANTY
1. Mukuru Africa, its Affiliates, officers, directors, agents and employees do not guarantee continuous, uninterrupted or secure access to the Mukuru Money Transfer Service, and operation of the Mukuru Money Transfer Service may be interfered with by numerous factors outside of Mukuru Africa’s control.
2. The Mukuru Money Transfer 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.
LIMITATION OF LIABILITY
1. In no event will Mukuru Africa or any of its Affiliates, their respective 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 Money Transfer 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 and its Affiliates, their respective licensors, service providers, business partners, employees, agents, officers and directors, 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 their officers, directors, agents and employees in any circumstance is limited to the total Mukuru Money Transfer Service Fee paid by you in relation to the Remittance 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.
INDEMNITY
1. You agree to defend, indemnify and hold harmless Mukuru Africa, its Affiliates 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 Money Transfer 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 Africa in respect of all losses, costs, actions, claims, and liabilities incurred by Mukuru Africa 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.
COMMENTS AND COMPLAINTS
1. If you wish to make a comment or complaint about any aspect of the Mukuru Money Transfer Service, please send your complaint in writing to Mukuru Africa, Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town 7925, or email your complaint to [email protected].
GENERAL
1. Entire Agreement
  1. These Terms of Use, Mukuru Africa’s Privacy Policy, and your receipt for any Remittance Transactions constitute the sole and entire agreement between you and Mukuru Africa with respect to the Mukuru Money Transfer Service.
  2. When you effect Remittance Transactions through the Mukuru Money Transfer Service any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Mukuru Money Transfer 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.com website.
  2. Except as otherwise required by law, the revised version will be effective at the time of posting to the mukuru.com 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 Money Transfer Service if you do not agree with any changes made to these Terms of Use.
  5. Your continued use of the Mukuru Money Transfer 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 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.

Mukuru Money Transfer Service

Send Money To