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Mukuru Pay Service

INTRODUCTION
1. CARB Holdings (Proprietary) Limited (“CARB”) operates MPay, which enables users to settle payments due to Merchants in cash or via the Mukuru Card. Use of the MPay service by you is subject to these End User Terms and applicable law.
2. CARB is a private company duly incorporated in South Africa with Registration Number 2013/057752/07, having its registered office at Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town, South Africa. CARB holds authorisation to act as a third-party payments processor in South Africa which enables CARB to accept Payment Instructions from you for the purpose of making payments on your behalf to third parties, including Merchants and other service providers.
3. These End User Terms govern the terms under which you may use the MPay service in South Africa. By using the MPay service, you confirm that you have read these End User Terms carefully and you agree to be bound by and comply with these End User Terms.
4. Please note that once you have chosen to use the MPay service, CARB may refuse to process your Payment Instruction with or without notice to you, if:
  1. your conduct is in breach of these End User Terms;
  2. your conduct is deemed to be harmful to CARB’s (or any of its Affiliates’) business; or
  3. your use of the MPay service is harmful to any other party.
INTERPRETATION
1. Definitions: For the purpose of these End User Terms, the following words shall bear the following meanings:
  1. “Affiliate” means a holding company or subsidiary of CARB, or any subsidiary of a holding company of CARB from time to time;
  2. “Code” means the code received by the you from the Merchant after initiating a Payment Instruction either by email, saved file or SMS;
  3. “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;
  4. “FICA” means the Financial Intelligence Centre Act No 38 of 2001;
  5. “Merchant” means the retailer who is designated by you as the beneficiary of a Payment Instruction and to whom the Payment is transferred by the Payment Gateway Provider;
  6. “Mukuru Card” means the prepaid debit card operated by Mukuru Financial Services (Pty) Ltd, a company duly incorporated in South Africa (Registration No. 2008/025860/07) and a registered financial services provider (FSP License No. 45517);
  7. “Pay-In Partner” means an entity appointed by CARB to accept a Payment from you;
  8. “Payment” means payment of the Payment Amount, which is:
  9. paid in cash by you at a Pay-In Partner’s branch or store or other retail outlet within the period of time specified by CARB; or
  10. debited from your Mukuru Card by MFS
  11. “Payment Amount” means the sum of money due to a Merchant under a Payment Instruction;
  12. “Payment Gateway Provider” means the payment gateway provider that provides online payment processing services to Merchants and through which you have chosen to process the Payment Amount to the Merchant;
  13. “Payment Instruction” means the instruction by you to CARB to process a Payment;
  14. “Service Fee” means the fee payable by you to CARB for processing your Payment Instruction; and
  15. “South Africa” means the Republic of South Africa.
2. The terms “you” and “your” refer to the individual reading these End User Terms who is or will use the MPay Service
IMPORTANT NOTICES
1. These End User Terms contain specific provisions which limit the liability of CARB, 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 MPay service.
2. Only persons who are 18 years or older may use the MPay service. By using the MPay service, you represent and warrant that you are 18 years or older.
LEGAL REQUIREMENTS
1. Declaration
  1. By using the MPay service and by initiating a Payment Instruction, you declare that:
    1. you have read these End User Terms and you know, understand and agree with the contents thereof;
    2. all information furnished by you to CARB whether directly or indirectly is true and correct in all respects;
    3. you consent to the above information being provided to the South African Revenue Service and/or the FIC.
2. FICA
  1. You agree that all personal data, information and documentation which you provide to CARB, whether directly or indirectly, 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, CARB has reason to believe that the information or documentation provided is false or altered in any way, you will immediately be prohibited from using the MPay service, and the relevant authority notified.
  2. You acknowledge that the FIC may, at any time, request your personal data, information and documentation from CARB in respect of a FICA audit or on any other grounds and that CARB, whichever is applicable, is obliged to and will provide the FIC with such personal data, information and documentation upon request.
3. Disclosure of Personal Information
  1. CARB 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 CARB ’s rights or property;
      3. act in urgent circumstances to protect the personal safety of other users of the MPay service or the public; or
      4. protect against legal liability; or
    2. third party companies or entities with which CARB contracts, whether directly or indirectly, to provide the MPay service where such companies or entities require access to your personal information to perform their own regulatory functions and not for any other purposes.
PAYMENTS AND PAYMENT INSTRUCTIONS
1. When shopping online with a Merchant and you choose to use the MPay service as a payment method, you will create a Payment Instruction. You will be responsible for the creation, content and management of the Payment Instruction.
2. Once you have created the Payment Instruction, you will receive a Code by SMS, Whatsapp or email from the Merchant and you will have 36 hours from the time of creation of the Payment Instruction to make a Payment using the Code as reference.
3. The Code will expire 36 hours after the Payment Instruction is created and the Payment Instruction will be cancelled.
4. After CARB has confirmed receipt of your Payment and the MPay Service Fee, the Payment Amount will be transferred to your Merchant by the Payment Gateway Provider.
5. Once CARB has confirmed receipt of your Payment to the Payment Gateway Provider, CARB cannot be held responsible for any delay in payment of the Payment Amount by the Payment Gateway Provider to the Merchant.
6. CARB 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 CARB against any loss, damage or claim by any such party which may arise as a result of the incorrectly entered information and/or errors.
7. PLEASE NOTE:
  1. CARB will attempt to process Payment Instructions promptly after you have paid the Payment Amount and the Service Fee, but any Payment Instruction may be delayed or cancelled for a number of reasons, including, without limitation, compliance with applicable law or variations in business hours.
  2. CARB may, in its sole discretion, refuse to process Payment Instructions from certain users or to certain Merchants including, without limitation, individuals on restricted or prohibited lists.
REFUNDS
1. If you wish to request a refund after Payment has been affected, please contact the Merchant directly.
SERVICE FEES
1. In consideration of your use of the MPay service, you agree to pay a Service Fee per Payment Instruction executed through the MPay service.
2. Payment of the MPay Service Fee is due at the time that you make Payment.
3. The MPay Service Fee is subject to review and can be changed at any time at CARB’s sole discretion.
FRAUD/BREACH
1. CARB may suspend or terminate your Payment Instruction if CARB:
  1. 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 MPay service; or
  2. believes that your actions may cause CARB to suffer financial loss or incur legal liability.
MARKETING
1. By using the MPay service, you agree to allow CARB or any of its Affiliates to send you marketing messages from time to time.
2. CARB 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 way of communication;
  2. there are risks in transmitting communications electronically including the risk that the electronic message received by CARB 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 CARB to establish the authenticity of all electronic messages which purport to have been sent by you.
2. Notwithstanding 10.1 above, you hereby irrevocably and unconditionally authorise CARB 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 End User Terms and any amendments, changes or additions to these End User Terms;
  2. the record of your Payments which have been processed through the MPay service;
  3. any initial, periodic or other disclosures or notices provided in connection with the MPay 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 MPay service); and
  5. any other Communication related to the MPay service.
4. You undertake to implement and adhere to any procedures and/or restrictions imposed on you by CARB from time to time regarding the sending of electronic instructions to CARB.
5. You acknowledge that CARB 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 MPay service.
6. You acknowledge and accept that CARB 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 CARB accepting your electronic instructions unless such loss or damage may arise from the proven unlawful or fraudulent acts of the employees of CARB .
7. You hereby waive any rights you may have or may obtain against CARB arising directly or indirectly from any losses or damages which you may suffer due to CARB acting on your electronic instructions and you hereby indemnify CARB in respect of any claims, demands or actions made against CARB or losses or damages suffered by CARB because your electronic instructions were acted upon.
8. The limitation of liability and indemnity contained in clauses 10.6 and 10.7 above will remain in full force and effect until cancelled by you in writing.
COLLECTION OF INFORMATION
1. You consent to CARB processing your personal information for the purposes of providing the MPay service, including for the verification of your identity. 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 CARB ’s Privacy Policy https://www.mukuru.com/sa/privacy-notice/
INTELLECTUAL PROPERTY
1. The MPay service and all intellectual property incorporated in or related to the MPay service (including without limitation copyrights, patents, database rights, trademarks and service marks) is owned by or licensed to Mukuru . All right, title and interest in and to such intellectual property shall remain the property of CARB (and/or the property of such third-party licensor).
NO WARRANTY
1. CARB, its Affiliates, officers, directors, agents and employees do not guarantee continuous, uninterrupted or secure access to the MPay service, and operation of the MPay service may be interfered with by numerous factors outside of CARB’s control.
2. The MPay service is provided “as is” and as and when available and, to the extent permissible by law, CARB 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.
LIMITATION OF LIABILITY
1. In no event will CARB (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 MPay 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. CARB (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 service providers, other providers of telecommunications services or for faults in or failures of the networks and equipment of such providers.
3. CARB’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 MPay Service Fee paid by you in relation to the Payment Instruction giving rise to liability or R1000 (one thousand Rand), whichever is the greater.
4. CARB shall have no liability to you in connection with any product, service or otherwise, purchased or used as a result of the use of the MPay service. It is expressly understood that you are aware that CARB provides a payment service only, and accepts no responsibility for the quality, reliability, safety, function, suitability or otherwise, of a product purchased, service used, or otherwise, as a result of the use of the MPay service.
5. The abovementioned provisions do not affect any liability which cannot be excluded or limited under applicable law.
INDEMNITY
1. You agree to reimburse CARB, its Affiliates (and their respective officers, directors, employees, contractors, agents, licensors and suppliers) for any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your breach of these End User Terms or your use of the MPay service other than as set out in these End User Terms or as a result of your negligence, fraud or wilful misconduct.
2. You agree to fully reimburse CARB in respect of all losses, costs, actions, claims, and liabilities incurred by CARB as a result of any breach or non-observance by you of these End User Terms or any data submitted by you to CARB.
COMMENTS AND COMPLAINTS
1. If you wish to make a comment or complaint about any aspect of the MPay service, please send your comment or complaint in writing to CARB , Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town 7925, or via email to [email protected].
GENERAL
1. Entire Agreement
  1. These End User Terms, CARB’s Privacy Policy, and your receipt for any Payments constitute the sole and entire agreement between you and CARB with respect to the MPay service.
  2. When you initiate Payment Instructions through the MPay service any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the MPay service are superseded.
2. Changes to End User Terms
  1. CARB may revise and update these End User Terms from time to time in its sole discretion by posting a revised version on the mukuru.com website and (unless the law says otherwise) the revised version will be effective at the time of posting to the mukuru.com website.
  2. You are expected to check the mukuru.com website from time to time to take notice of any changes made by CARB. Your continued use of the MPay service following the posting of revised End User Terms means that you accept and agree to the changes.
  3. You may terminate your use of the MPay service if you do not agree with any changes made to these End User Terms.
3. Applicable Law and Jurisdiction
  1. These End User Terms will be governed by South African Law.
4. No Waiver
  1. The failure of CARB to exercise or enforce any terms of these End User Terms does not mean that CARB waives that right.
5. Severability
  1. If any provision of these End User Terms is found by an arbitrator or court of competent jurisdiction to be invalid, CARB and you agree that the other provisions of the End User Terms shall remain in full force and effect.

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