Terms of Use of Mukuru Money Transfer Service
eSwatini
- INTRODUCTION
- 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 Eswatini by Remitix Limited under the trading name of Mukuru subject to these Terms of Use and applicable law.
- Remitix Limited is a private company incorporated under the laws of England with Registration Number 05270734, having its registered office at 12 Old Mills Industrial Estate, Paulton, Bristol, BS39 7SU, England, United Kingdom. It is a regulated Authorised Payment Institution registered with the FCA (Registration Number 576623).
- These Terms of Use govern the terms under which you may register as a user of the Mukuru Money Transfer Service in Eswatini 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.
- 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:
- your conduct is in breach of these Terms of Use;
- your conduct is deemed to be harmful to the business of Remitix Limited or any of its affiliates; or
- your use of the Mukuru Money Transfer Service is harmful to any other party.
- INTERPRETATION
- Definitions: For the purpose of these Terms of Use, the following words shall bear the following meanings:
- “Bank of Eswatini” means the central bank of Eswatini.
- “EFIU” means the Eswatini Financial Intelligence Unit which was established under the MLFTP Act, and supports anti-money laundering activities and safeguard the financial system from illicit use and financial crimes in Eswatini.
- “Eswatini” means the Kingdom of Eswatini.
- “FCA” means the Financial Conduct Authority in the United Kingdom.
- “Financial Institution” means a company which is engaged in the business of dealing with monetary transactions, such as deposits, loans, investments and currency exchange.
- “KYC” means “Know Your Customer” which is the process of a business identifying and verifying the identity of its clients.
- “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.
- “MLFTP Act” means the Money Laundering and Financing of Terrorism (Prevention) Act of 2011 as amended by the Money Laundering and Financing of Terrorism (Prevention) Amendment Act of 2016.
- “Mukuru Groceries” means the grocery remittance product offered by Remitix Limited in terms of which a Sender can initiate a Remittance Transaction pursuant to which the Recipient is able to exchange the Remittance sent to him or her for a specified list of groceries.
- “Mukuru Money Transfer Service” means the international remittance service operated by Remitix Limited which provides registered users in Eswatini with the ability to initiate the transfer of value to designated recipients within and outside Eswatini.
- “Mukuru Money Transfer Service Fee” means the fee paid by a Sender when creating an order for a Remittance Transaction.
- “Pay-Out Partner” means an entity appointed by Remitix Limited or Remitix Affiliate to pay out a Remittance Transaction in the country identified in the Sender’s payment instructions when initiating a Remittance Transaction.
- “Receive Amount” means the amount designated by the Sender when initiating the Remittance Transaction minus the Mukuru Money Transfer Service Fee and, following the conversion using the exchange rate quoted to the Sender, the amount which is paid to the Recipient in Receiving Currency.
- “Receiving Currency” means the Legal Tender recognised in the country in which the Recipient resides.
- “Recipient” means the individual who is designated by the Sender as the beneficiary of the Remittance Transaction and to whom the Remittance is disbursed by a designated Pay-Out Partner.
- “Remittance” means the value disbursed to a Recipient by a Pay-Out Partner.
- “Remittance Transaction” means the transmission of funds via the Mukuru Money Transfer Service to a designated Recipient pursuant to an instruction received from a Sender.
- “Remitix Affiliate” means a subsidiary or a holding company of Remitix Limited or any subsidiary of a holding company of Remitix Limited from time to time which is contracted to register new customers as users of the Mukuru Money Transfer Service and/or create orders for Remittance Transactions for Senders and/or accept payment in settlement of created orders from Senders and/or pay out Remittance Transactions to Recipients on behalf of Remitix Limited.
- “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.
- 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.
- Definitions: For the purpose of these Terms of Use, the following words shall bear the following meanings:
- IMPORTANT NOTICES
- These Terms of Use contain specific provisions which limit the liability of Remitix Limited and Remitix Affiliates, 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.
- 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 Remitix Limited.
- Remitix Limited 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 Remitix Limited, Remitix 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.
- 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 Remitix Limited/Remitix Affiliate you must treat such information as confidential, and you must not disclose it to any third party. In this regard:
- You agree to immediately notify Remitix Limited/Remitix Affiliate 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
- Remitix Limited/Remitix Affiliate reserves the right to disable any user name, password or PIN, whether chosen by you or provided by Remitix Limited/Remitix Affiliate, in its sole discretion, for any or no reason, including if, in Remitix Limited/Remitix Affiliate’s opinion, you have failed to comply with any provision of these Terms of Use.
- For security reasons, Remitix Limited 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
- Declaration: By registering as a user of the Mukuru Money Transfer Service and by initiating a Remittance Transaction, you declare that:
- you have read these Terms of Use and you know, understand and agree with the contents thereof;
- all information furnished by you to Remitix Limited/Remitix Affiliate whether directly or indirectly is true and correct in all respects;
- 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
- you consent to the above information being provided to the EFIU.
- KYC and the MLFTP Act
- 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 and proof of residence) to enable your identity to be verified and to ensure compliance with the MLFTP Act and the internal KYC policies of Remitix Limited and the Remitix Affiliate, where applicable. 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.
- You agree that all personal data, information and documentation which you provide to Remitix Limited/Remitix Affiliate, 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, Remitix Limited/Remitix Affiliate 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.
- You acknowledge that the EFIU may, at any time, request your personal data, information and documentation from Remitix Limited/Remitix Affiliate in respect of an audit conducted in terms of the MLFTP Act or on any other grounds and that Remitix Limited/Remitix Affiliate, whichever is applicable, is obliged to and will provide the EFIU with such personal data, information and documentation upon request.
- Reporting to Bank of Eswatini
- Every Remittance Transaction successfully completed via the Mukuru Money Transfer Service must be reported to the Bank of Eswatini. This report includes the personal details of the Sender and the Recipient and the details of the completed Remittance Transaction (order, payment, pay-out).
- When compiling the report, the Sender’s personal details are obtained from the KYC documents submitted upon registration.
- By submitting your KYC documents and using the Mukuru Money Transfer Service, you agree to allow Remitix Limited/Remitix Affiliate to use your personal details as reflected on the KYC documents when submitting the prescribed reports to the Bank of Eswatini.
- Remitix Limited/Remitix Affiliate 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.
- For further information, please visit https://www.centralbank.org.sz/.
- Disclosure of Personal Information
- Remitix Limited/Remitix Affiliate may disclose your personal information if required to do so by:
- law (including, without limitation, when responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary to:
- comply with a legal obligation;
- protect and defend Remitix Limited/Remitix Affiliate’s rights or property;
- act in urgent circumstances to protect the personal safety of other users of the Mukuru Money Transfer Service or the public; or
- protect against legal liability; or
- third party companies or entities with which Remitix Limited/Remitix Affiliate 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.
- 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:
- Remitix Limited/Remitix Affiliate may disclose your personal information if required to do so by:
- Safeguarding of Funds
- As an Authorised Payment Institution regulated by the FCA, Remitix Limited protects customer funds in a safeguarding account held at a reputable financial institution in terms of Regulation 23 of the Payment Services Regulations 2017 (“PSR 2017”). This means that Remitix Limited keeps all of your money in bank accounts that are separate from the ones it uses to run its business. Should Remitix Limited cease to operate its business, these funds will be used to repay Remitix Limited’s customers.
- Remitix Limited safeguards not only the Receive Amount, but also the Mukuru Money Transfer Service Fee for the benefit of its customers, until the Recipient receives payment / collects the Receive Amount. The Mukuru Money Transfer Service Fee only becomes due to Remitix Limited once the Recipient collects/receives the Receive Amount. For purposes of Regulation 23 of the PSR 2017, Remitix Limited regards the Receive Amount, plus the Mukuru Money Transfer Service Fee as “relevant funds” for safeguarding purposes until the Receive Amount has been paid to or collected by the Recipient. For more information on Remitix Limited’s safeguarding practices, please refer to the Frequently Asked Questions section on its website at https://www.mukuru.com/en-uk/frequently-asked-questions/.
- Declaration: By registering as a user of the Mukuru Money Transfer Service and by initiating a Remittance Transaction, you declare that:
- OPERATION OF THE MUKURU MONEY TRANSFER SERVICE
- Registration
- 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 the MLFTP Act, Remitix Limited’s KYC Policy and, where applicable, Remitix Affiliate’s KYC Policy.
- There are two types of registration:
- “Mukuru Core” which is a registration in terms of which you will be required to:
- submit the following information to Remitix Limited/Remitix Affiliate:
- Full Name
- Gender;
- Date of birth;
- Mobile phone number;
- Identity number;
- Physical address; and
- Occupation;
- verify your mobile phone number;
- accept these Terms of Use;
- submit a clear selfie of yourself holding a copy of your identity document; and
- submit a clear image of your identity document.
- submit the following information to Remitix Limited/Remitix Affiliate:
- “Mukuru Max” for foreign nationals which is a registration in terms of which you will be required to:
- submit the following information to Remitix Limited/Remitix Affiliate:
- Full names;
- Gender;
- Date of birth;
- Mobile phone number;
- Identity number;
- Physical address; and
- Occupation;
- verify your mobile phone number;
- accept these Terms of Use;
- submit a clear selfie of yourself holding a copy of your identity document;
- submit a clear image of your identity document; and
- submit written proof of income
- submit the following information to Remitix Limited/Remitix Affiliate:
- “Mukuru Core” which is a registration in terms of which you will be required to:
- Verification and Checks
- Remitix Limited/Remitix Affiliate will verify your residential address and personal details in order to confirm your identity.
- By accepting these Terms of Use, you authorise Remitix Limited/Remitix Affiliate to make any inquiries considered necessary to validate the information that you have provided.
- Remittance Transaction Processing and Delivery Schedule
- Remittances disbursed as Receive Amounts
- After Remitix Limited/Remitix Affiliate 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 Receive Amount will be:
- made available for collection by your designated Recipient from a Pay-Out Partner;
- deposited into your designated Recipient’s mobile wallet; or
- deposited into your designated Recipient’s bank account in the destination country.
- Remitix Limited and Remitix Affiliate cannot be held responsible for:
- any delay in payment of the Receive Amount to the Recipient – if the exchange rate fluctuates Remitix Limited and Remitix Affiliate are in no way liable for any perceived or real historical loss in value of the Receive Amount;
- 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 Remitix Limited and Remitix Affiliate accept no responsibility for any losses incurred to the Recipient during the foreign exchange. No refunds will be issued.
- After Remitix Limited/Remitix Affiliate 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 Receive Amount will be:
- Remittances disbursed as Mukuru Groceries
- After Remitix Limited/Remitix Affiliate 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 Mukuru Groceries, 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 will exchange the Remittance sent to him or her for the specified list of groceries from the Pay-Out Partner.
- Remitix Limited and Remitix Affiliate cannot be held responsible for:
- any delay in the receipt of the Mukuru Groceries by the Recipient;
- the unavailability of any item of the Mukuru Groceries in the Recipient’s country of residence – if the Pay-Out Partner has insufficient quantities of groceries for distribution to your Recipient, your Recipient will need to return to collect the groceries at a later date.
- PLEASE NOTE:
- The amount of the Remittance which must be paid by you in order for your Recipient to collect the specified list of groceries from the Pay-Out Partner may be revised and changed by Remitix Limited 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 list of groceries which will be received by your Recipient will be as advertised from time to time. However, all grocery items advertised 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 grocery items upon collection while he or she is still in the designated Pay-Out Partner’s store and, if any grocery 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. Grocery items may not be exchanged after the Recipient has left the Pay-Out Partner’s store – even if later found to be defective.
- Remitix Limited/Remitix Affiliate 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.
- Remitix Limited/Remitix Affiliate 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.
- You will be responsible for the creation and management of your Recipients. You agree to accept responsibility for ensuring that Remitix Limited/Remitix Affiliate receives complete and correct details of all your Recipients. Remitix Limited/Remitix Affiliate 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 Remitix Limited/Remitix Affiliate against any loss, damage or claim by any such party which may arise as a result of the incorrectly entered information and/or errors.
- Remittances disbursed as Receive Amounts
- Cancellations and Refunds
- If you instruct Remitix Limited/Remitix Affiliate to process a Remittance Transaction and then subsequently request that the Remittance Transaction be stopped or reversed, Remitix Limited/Remitix Affiliate 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.
- If Remitix Limited/Remitix Affiliate can confirm that payment has not been made to the Recipient, the Remittance Transaction will be cancelled and Remitix Limited/Remitix Affiliate will refund the amount of the Remittance, including the Mukuru Money Transfer Service Fee, to you. Your refund will be in SZL.
- Please note that the amount refunded to you will comprise the Receive Amount and the Mukuru Money Transfer Service Fee, which will be calculated using the currency exchange rate applied by Remitix Limited/Remitix Affiliate on the date on which the Sender made payment for the order.
- 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 send an email to the customer service department at [email protected].
- Restrictions for Remittance Transactions
- Remitix Limited/Remitix Affiliate reserves the right, in its sole discretion, to:
- reject a proposed Remittance Transaction;
- limit the amount of a Remittance Transaction;
- require additional information to complete a Remittance Transaction; and/or
- take reasonable measures with respect to a Remittance Transaction in an effort to comply with applicable laws and regulations.
- 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 Remitix Limited/Remitix Affiliate to correct any errors in the information provided. If the Recipient contacts Remitix Limited/Remitix Affiliate directly, he will be advised to contact you in order to resolve the matter. Remitix Limited and Remitix Affiliate 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.
- 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.
- You will only be allowed to settle an order for a Remittance Transaction (including the corresponding Mukuru Money Transfer Service Fee) into Remitix Limited/Remitix Affiliate’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.
- Remitix Limited/Remitix Affiliate reserves the right, in its sole discretion, to:
- Limits
- A “Mukuru Core” customer can send a maximum of E25,000.00 (twenty-five thousand Swazi Lilangeni) per calendar month. In order to send more than E25,000.00 per calendar month, a customer will be required to upgrade to “Mukuru Max”.
- A “Mukuru Max” customer who is a Swazi resident can send a maximum of the single discretionary allowance of E1,000,000.00 (one million Swazi Lilangeni) per individual per calendar year.
- A “Mukuru Max” customer who is a foreign national can send a maximum of the customer’s monthly salary x 12 per calendar year.
- Nothwithtanding 5.6.1 to 5.6.3 above, for Eswatini outbound international remittance transactions, a user of the Mukuru Money Transfer Service will be limited to sending a maximum amount of E5,000.00 (five thousand Swazi Lilangeni) per day.
- Fees
- For registration
- Registration with the Mukuru Money Transfer Service is free of charge.
- For use of the Mukuru Money Transfer Service
- 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.
- Payment of the Mukuru Money Transfer Service Fee is due at the time that you instruct Remitix Limited/Remitix Affiliate to process your Remittance Transaction.
- The Mukuru Money Transfer Service Fee is subject to review and can be changed at any time at the sole discretion of Remitix Limited.
- For registration
- Registration
- FRAUD/BREACH
- Remitix Limited/Remitix Affiliate 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.
- In addition to the conduct stipulated in 6.1, Remitix Limited/Remitix Affiliate may limit your activity, immediately issue a warning, suspend or terminate your account without notice if:
- despite its reasonable endeavours, Remitix Limited/Remitix Affiliate is unable to verify or authenticate any information you have provided; or
- Remitix Limited/Remitix Affiliate believes that your actions may cause Remitix Limited/Remitix Affiliate to suffer financial loss or incur legal liability.
- MARKETING
- By registering as a user of the Mukuru Money Transfer Service, you agree to allow Remitix Limited/Remitix Affiliate to send you marketing messages from time to time.
- Remitix Limited/Remitix Affiliate will not allow third parties to send marketing messages to you using the information you have provided.
- ELECTRONIC COMMUNICATIONS
- You acknowledge that:
- 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;
- there are risks implicit in transmitting communications electronically including the risk that the electronic message received by Remitix Limited/Remitix Affiliate 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
- it is not practical for Remitix Limited/Remitix Affiliate to establish the authenticity of all electronic messages which purport to have been sent by you.
- Notwithstanding 8.1 above, you hereby irrevocably and unconditionally authorise Remitix Limited/Remitix Affiliate to:
- 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
- act upon such electronic instructions.
- You agree that the following categories of information (“Communications”) may be provided by electronic means to you:
- these Terms of Use and any amendments, modifications or additions to these Terms of Use.
- the record of your Remittance Transactions which have been processed through the Mukuru Money Transfer Service;
- any initial, periodic or other disclosures or notices provided in connection with the Mukuru Money Transfer Service including, without limitation, those required by law;
- any customer service communications including, without limitation, communications with respect to claims of error or unauthorised use of the Mukuru Money Transfer Service; and
- any other communication related to the Mukuru Money Transfer Service.
- You undertake to implement and adhere to any procedures and/or restrictions imposed on you by Remitix Limited/Remitix Affiliate from time to time regarding the sending of electronic instructions to Remitix Limited/Remitix Affiliate.
- You acknowledge that Remitix Limited/Remitix Affiliate 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.
- You acknowledge that same day value for any Remittance Transactions may only be given if the electronic instruction is received by Remitix Limited/Remitix Affiliate by 14:30pm.
- You acknowledge and accept that Remitix Limited/Remitix Affiliate 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 Remitix Limited/Remitix Affiliate accepting your electronic instructions unless such loss or damage may arise from the proven unlawful or fraudulent acts of the employees of Remitix Limited/Remitix Affiliate.
- You hereby waive any rights you may have or may obtain against Remitix Limited/Remitix Affiliate arising directly or indirectly from any losses or damages which you may suffer due to Remitix Limited acting on your electronic instructions and you hereby indemnify Remitix Limited/Remitix Affiliate in respect of any claims, demands or actions made against Remitix Limited/Remitix Affiliate or losses or damages suffered by Remitix Limited/Remitix Affiliate because your electronic instructions were acted upon.
- The limitation of liability and indemnity contained in 8.7 and 8.8 above will remain in full force and effect until cancelled by you in writing.
- You acknowledge that:
- COLLECTION OF INFORMATION
- You consent to Remitix Limited/Remitix Affiliate processing your personal information for the purposes of providing the Mukuru Money Transfer 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.
- You acknowledge that you have read and agreed to be bound by Remitix Limited’s Privacy Policy.
- INTELLECTUAL PROPERTY
- 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 Remitix Limited. All right, title and interest in and to such intellectual property shall remain the property of Remitix Limited and/or the property of such third party licensor.
- NO WARRANTY
- Remitix Limited, Remitix 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 Remitix Limited/Remitix Affiliate’s control.
- The Mukuru Money Transfer Service is provided “as is” and as and when available and, to the extent permissible by law, Remitix Limited/Remitix Affiliate 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
- In no event will Remitix Limited or a Remitix Affiliate, 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.
- Remitix Limited and a Remitix Affiliate, 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.
- Remitix Limited/Remitix Affiliate’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 SZL 1000.00 (one thousand Swazi Lilangeni), whichever is the greater.
- The abovementioned provisions do not affect any liability which cannot be excluded or limited under applicable law.
- INDEMNITY
- You agree to defend, indemnify and hold harmless Remitix Limited, Remitix Affiliate 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.
- You agree to fully reimburse Remitix Limited/Remitix Affiliate in respect of all losses, costs, actions, claims, and liabilities incurred by Remitix Limited/Remitix Affiliate as a result of any breach or non-observance by you of these Terms of Use or any data submitted by you to Remitix Limited/Remitix Affiliate.
- COMMENTS AND COMPLAINTS
- 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 Remitix Limited, 12 Old Mills Industrial Estate, Paulton, Bristol, BS39 7SU, England, United Kingdom, or email your complaint to [email protected].
- GENERAL
- Entire Agreement
- These Terms of Use, Remitix Limited’s Privacy Policy, and your receipt for any Remittance Transactions constitute the sole and entire agreement between you and Remitix Limited with respect to the Mukuru Money Transfer Service.
- 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.
- Changes to Terms of Use
- Remitix Limited 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.
- Except as otherwise required by law, the revised version will be effective at the time of posting to the mukuru.com website.
- You are expected to check the Mukuru website from time to time to take notice of any changes Remitix Limited has made as they are binding on you.
- 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.
- 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.
- Applicable Law and Jurisdiction
- These Terms of Use will be governed by the laws of Eswatini and Remitix Limited, Remitix Affiliate and you will submit to the exclusive jurisdiction of the relevant Magistrate’s Court.
- No Waiver
- The failure of Remitix Limited/Remitix Affiliate to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
- Severability
- If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, Remitix Limited, Remitix Affiliate 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.
- Entire Agreement