Botswana Mukuru Wallet Terms and Conditions
Revised 11th September 2024
- Welcome to the Mukuru Wallet!
- The Wallet Service enables a Customer to hold and operate a Wallet in Botswana.
- This is a contract, so take the time to read these terms and conditions carefully before you sign up for the Wallet Service. If you use the Wallet Service, you agree to be bound by and comply with these terms and conditions (“Terms”).
- Please pay special attention to any sections highlighted in bold as these sections may limit our liability to you (what you can claim from us).
- Here are some important things to know about the Wallet:
- SMH Botswana Bureau de Change (Proprietary) Limited trading as Mukuru Bureau de Change (“Mukuru”), Reg. No. BW00001155348 operates the Mukuru Wallet Service in Botswana. Mukuru is licensed under the Electronic Payment Services Regulations 2019 (as amended) with license number: 001
- You need to be at least 18 years old to use the Wallet Service.
- Keep your Wallet safe and do not share it or your PIN or password with anyone else, including any Mukuru employee.
- You cannot use the Wallet for anything illegal or harmful.
- The Wallet Service does not come with any guarantees, purchase protection, other promises or services.
- We can stop you from registering for a Wallet or freeze or restrict your access to your Wallet, Funds (or parts thereof) or freeze or stop any Wallet Transaction at any time, without telling you: (i) if you break any of these Terms or any law; (ii) if we have a reasonable suspicion that you are using your Wallet in a way that is harmful to us or anyone else; (iii) where your conduct results in a breach of our regulatory obligations (iv) where the law compels us to do so or (v) to protect our interests and reputation. We must comply with local and international laws, regulations and policies and this may result in your money being frozen or confiscated. You understand that you will not have a claim against us when we exercise this right.
- You agree that you have read and understood Mukuru’s Wallet safety tips, found here : https://www.mukuru.com/bw/services/mukuru-wallet/#mukuru-wallet-safety-tips
- If you have any questions or problems, you can contact us via WhatsApp using +267 3980 499 or by calling the Mukuru Contact Centre at +26 777 184 600 (between 08h00 and 19h00) or via USSD by dialling *233# and we’ll be happy to help.
- We can change the Terms at any time, provided we give prior notice to you. However, it is your responsibility to keep up to date with the Terms, so please check on our website (www.mukuru.com) for the latest version.
- In these Terms, when “we”, “us” or “our” is used, we mean Mukuru and its Affiliates, and all the people who work for them like the directors and staff. When “you” and “your” is used, we mean you, as the person reading these Terms. You may already be a customer of Mukuru and be using the Wallet Service or you may want to sign up as a customer and start using the Wallet Service.
- When we list examples in the Terms, we are also including similar types of events even though we may not have listed it specifically.
- Key Words
Affiliate is a company that is connected to Mukuru – because they are owned by the same company, or because they are part of a group of related companies. Customer is an adult person registered with Mukuru in Botswana. Dormant is when your Wallet has had no Wallet Transactions for 12 consecutive months. It does not matter whether your Wallet still contains Funds or not. Fee is the fee charged by us for your access to and use of the Wallet Service. Fee Schedule is where the Fees and other relevant payment information is found. The Fee Schedule is available on Mukuru’s website at www.mukuru.com or a digital copy can be requested by contacting our Call Centre. Funds is the monetary value, denominated in Botswana Pula, in your Wallet. KYC stands for “Know Your Customer”, which is the process of identifying and verifying the identity of customers using KYC Information. KYC Information is personal information and/or documentation that a person shares with us so that we can verify that person’s identity and comply with KYC policies and the law. The documents generally include a valid passport or National ID card. Mukuru Account is the profile set up on the Mukuru System for each Customer. Mukuru Partner is a business partner of Mukuru who helps us provide services to Customers. Mukuru System is our software platform used to provide the Wallet Service. PIN is the secret personal identification number, that a computer can read to allow access to your Wallet. Wallet means a digital wallet that is linked to a Customer’s unique mobile number and the Mukuru System. Wallet Service is the service we provide that enables a Customer to use a Wallet to process payments, as further described in the Terms below. Wallet Transaction means any use of the Wallet Service by a Customer, resulting in a credit (incoming transfers of funds into a Wallet) or debit (outgoing transfers of funds from a Wallet). User Platforms are the digital channels that you use to interact with Mukuru, for example Whatsapp or USSD. - Applying for a Wallet
- Only Customers can apply for a Wallet.
- To provide you with a Wallet, we need to collect information about you which will be kept confidential. Each tier of the Wallet Service requires certain KYC Information from you, which we will communicate to you. If you want to use additional Wallet Services, we may request additional KYC Information.
- You confirm and agree that:
- the information you provide to us is true, accurate, current, and complete;
- you will keep this information accurate by providing one of our branch tellers (or using other agreed method as advised by Mukuru) with updated information and/or documents promptly;
- you give us permission to verify your KYC information; and
- we may refuse a request to open a Wallet if we reasonably believe that the KYC Information submitted by you is unsatisfactory to fulfil our KYC obligations. If we reasonably believe that any information you have given is false and/or tampered with, we will immediately close your Wallet and we may notify the relevant authority if we believe it is necessary.
- Once your Wallet has been created, you will be asked to set up a secret PIN to activate and access your Wallet. You are responsible for keeping your Wallet PIN safe and secret.
- Using your Wallet
- As a Customer, you specifically allow Mukuru to:
- open, operate, manage and close the Wallet in your name and on your behalf subject to these Terms;
- transact on your Wallet on your behalf, subject to the receipt of your instructions to us via USSD, Whatsapp, and other official Mukuru channels;
- contact you related to the use of Wallet Services and Wallet Transactions via your mobile phone; and
- authorise payment of Fees to Mukuru pertaining to the opening, operation and management of your Wallet.
- You confirm and acknowledge that:
- Once your PIN has been entered into the Mukuru System, the instructions given to process your Wallet Transactions are considered to be instructions and/or payments authorised by you.
- Subject to clause 4.2.3, we must act on and accept all instructions to process Wallet Transactions you give to us. This includes our Mukuru Partners instructed by us on your behalf.
- Mukuru processes your Wallet Transaction instructions if:
- there is enough Funds in your Wallet to pay for the Wallet Transaction and the Fee; and
- the Wallet Transaction complies with these Terms, applicable laws, and regulations; and
- the Wallet Transaction does not exceed the transaction or balance limit we may set from time to time.
- You confirm that you will provide Mukuru with correct and complete information and instructions when you transact on your Wallet. If an instruction to make a payment to a third party from your Wallet is received by us, you indemnify and hold us and Mukuru Partners harmless from and against all loss, damage, costs and expenses which you or any other person, including any minor children, may sustain or incur, either directly or indirectly as a result of us or Mukuru Partners paying any amounts to that third party.
- To use the Wallet Service you must:
- comply with all lawful instructions you receive from us with respect to your Wallet; and
- have a mobile phone and software that allows for your access to your Wallet.
- Mukuru acts as your agent. Unless there is a right of recovery against Mukuru, we assume the risks connected with the administration of the funds held in your Mukuru Account under these Terms.
- Your Wallet and any Wallet Transaction is subject to legislation, anti-fraud, anti-money-laundering, anti-terrorism regulations, compliance and regulatory rules applicable in Botswana and other countries, as may be applicable.
- The Wallet may not be used for the sale, resale or delivery of goods, provision of service or activities which are unlawful or generally deemed to be high-risk or dangerous.
- Mukuru does not verify that the person or company who you are sending money to is acting lawfully. This is your responsibility.
- We may provide details of suspected improper and/or illegal use of your Wallet to the relevant authorities without notice to you.
- If we are notified of a Customer’s death, then any Funds held in that Customer’s Wallet at the time of death will be frozen until the administration of the deceased’s estate under applicable law.
- New Wallet Services may be introduced, or existing ones discontinued, by us at any time with notice to you.
- As a Customer, you specifically allow Mukuru to:
- Wallet Transactions
- It is important that you read and follow the Wallet security tips found on our website. These security tips help you keep your Wallet and Funds safe.
- Your recent Wallet Transactions will be visible on your Mukuru Account. If you need an electronic statement containing your Wallet Transactions for the last 90 (ninety) days, you can request one through your Mukuru Account. For additional time periods, you can contact the Mukuru Contact Centre.
- We reserve the right to set transaction and balance limits from time to time, as displayed on our website.
- Transactions cannot be reversed or stopped once you have submitted the transaction instruction to us.
- Wallet Transactions incorrectly processed by us, or that have experienced a processing problem and cannot be completed, will be refunded to you.
- Mukuru is not responsible:
- for the verification of the identity or bank account or wallet details of the person or entity you are paying;
- to compare the account number or mobile phone number against the details of the person or entity you are paying;
- to verify that the person accessing your Wallet using your PIN is you, or has been authorised by you;
- to you, or the person or entity you are paying, for any loss or damage you and/or they may suffer because incorrect or incomplete information is provided to us by you; and
- if you do not complete an instruction or if you do not follow Mukuru’s lawful instructions when transacting.
- If you are unsure that a Wallet Transaction has been sent, received or processed, you can check the status by accessing your statement via your Mukuru Account. Do not submit the instruction again as this may result in duplication of transactions, for which you will be responsible for.
- Mukuru will be responsible for the reconciliation of the Funds held in your Wallet; your Funds balance should be available on your Wallet at any time. Please note that certain information, like your Wallet balance, may be delayed pending processing of a Wallet Transaction.
- We use our best endeavours to credit Funds transferred to your Wallet immediately, however, in certain instances there may be a delay due to payment providers outside of our control.
- We will reject Funds transferred to your Wallet where:
- your Wallet has been closed;
- the transaction will result in your Wallet balance being exceeded;
- You agree that any Funds credited to your Wallet as a result of a system error do not belong to you. You may not use the Funds and you expressly authorise us to deduct such Funds from your Wallet immediately and without notice to you.
- After an instruction to pause your Wallet has been received by us from you, we will reject all outgoing Wallet Transactions processed from that point onwards.
- Fees
- You confirm and acknowledge that:
- we charge Fees for use of the Wallet Service, which includes applicable taxes and costs;
- the Fees for the Wallet Service are automatically deducted from the Funds balance displayed in your Wallet; and
- if the balance on your Wallet is not enough to cover any applicable Fees, the uncollected portion of the Fees is deducted from your Wallet when Funds are cashed into your Wallet or may be recouped from you by Mukuru. We may suspend your access to your Wallet until you have settled all Fees you owe us.
- Fees with regards to a Wallet Transaction will be deducted immediately after confirmation of the completion of the Wallet Transaction.
- The Fees are found on the Fee Schedule and are subject to change. Please check our website to keep track of any changes.
- Any discount to the Fee will be shown in the Fee Schedule and will only be applicable for the period specified.
- You will not get interest on the Funds balance on your Wallet.
- You confirm and acknowledge that:
- Liability (who pays if something goes wrong)
- We are not liable to you or anyone else for any loss of damage suffered where we received and processed a Wallet Transaction instruction from someone using your SIM Card, PIN, username and/or password unless and until you have contacted us to request a pause on your Wallet or Mukuru Account.
- We are not responsible if something happens to your Wallet that causes you to lose money or suffer in some way unless it can be proven that it was due to our gross negligence or wilful intent (where we are guilty of intentional wrongdoing or extreme carelessness). This includes the following:
- any kind of loss or damage you may suffer because of your use of, or inability to use, the Wallet;
- any loss or damage which you or another party may suffer due to unauthorised interception and/or monitoring of your Wallet, PIN or your phone;
- any loss or damage suffered if you did not take reasonable steps to safeguard the use of your Wallet PIN, username and/or password and/or follow the steps recommended by Mukuru;
- any loss, damage or theft resulting from the use of Automated Teller Machines (ATMS) or Point of Sale Devices (POS);
- late or delayed Wallet Transactions; or
- any errors or delays in communication systems outside of Mukuru’s control.
- You are liable for:
- damage suffered if you enter an incorrect payment instruction and we process the payment based on your erroneous instruction;
- payments made due to unauthorised access to your Wallet, unless you can prove that your Wallet was accessed due to our wilful intention or gross negligence; and
- damage caused if you misuse your Wallet or do not comply with these Terms.
- Save for instances of Mukuru’s gross negligence or wilful act, you hereby indemnify Mukuru against any damages, loss or liability that Mukuru might suffer as a result of any unauthorised access and/or use of your Wallet.
- We are further not responsible to you for any and all types of loss arising from any act or omission by Mukuru for which we are responsible, which is created if we close, pause, or restrict access to your Mukuru Account in line with these Terms.
- In no event will we be liable to you for any indirect, special, incidental or consequential damages.
- Pausing your Wallet
- If your phone is lost or stolen/you are a victim of an unauthorised SIM swap/there are suspicious transactions on your Wallet/if you think your phone has been accessed without your permission/you suspect someone knows your PIN, username or password, you must pause your Wallet immediately by:
- WhatsApp by using +267 3980 499 and following the options to pause your Wallet; or
- via USSD by dialling *233# and following the options to pause your Wallet; or
- by calling our Contact Centre on +26 777 184 600 between 08h00 and 19h00.
- If your phone is lost or stolen/you are a victim of an unauthorised SIM swap/there are suspicious transactions on your Wallet/if you think your phone has been accessed without your permission/you suspect someone knows your PIN, username or password, you must pause your Wallet immediately by:
- Wallet Service availability
- We have reasonable measures in place to ensure the optimal and continuous functioning and quality of the Wallet Service.
- We may suspend or limit the availability of the Wallet Service to perform adjustments, maintenance or repairs of the Mukuru System, or in instances where we are required to prevent loss or damage to Mukuru. The suspension or limitation will not be regarded as a breach of Mukuru’s obligations under these Terms.
- The quality and availability of the Wallet Service may also be affected by factors outside our direct control. These include faults in mobile and telecommunication networks.
- Third Parties
- Mukuru is not responsible for any loss or damages you may suffer, whether indirectly or directly, because of a third party, its products or services or your use of the products or services of the third party.
- Mukuru is not responsible for the third-party software you use that may impact the Mukuru System and Wallet Service.
- If your internet provider, mobile phone provider or electricity supplier is unavailable while using the Wallet Service, we are not liable for any damages or loss incurred as this is out of our control.
- Personal information
- You expressly agree that Mukuru may share some of your personal data with a registered Mukuru (or Mukuru Affiliate) customer, where such customer wants to create a payment order for you using the Mukuru System.
- Our Privacy Notice explains how we treat personal information and is aligned with data protection laws regarding the collection, sharing, use and protection of personal information.
- We keep your personal information to enable your continued use of the Wallet Services, for as long as it is required to fulfil the relevant purposes described in our Privacy Notice, as may be required by law, or as otherwise communicated to you. How long we retain specific personal information varies depending on the purpose for its use, and we will delete your personal information in accordance with applicable law.
- We agree to only use and retain the personal information you give us in accordance with our Privacy Notice.
- Our Privacy Notice forms part of our agreement with you under these Terms.
- Access to your Wallet
- Closing your Wallet
- You can close your Wallet by sending an email to [email protected], by phoning the Mukuru Contact Centre or visiting one of our branch tellers.
- you remain responsible to us for Fees incurred for the use of your Wallet up to and including your last Wallet Transaction/s before the Wallet can be closed.
- Dormant Wallets – If your Wallet becomes Dormant:
- we will keep the Funds remaining in your Wallet in a separate bank account for not less than three years and if still unclaimed, we will transfer the Funds to the Reserve Bank of Botswana as required by law;
- you will no longer be able to use the Wallet Service until you reactivate your Wallet. To reactivate your Wallet, you will need to contact us and complete the necessary forms as well as provide the required evidence that you have a legitimate claim to the money in the Dormant Wallet;
- Fees will continue to be deducted from your Wallet balance until you close your Wallet;
- we will use our best endeavours to reach you via the contact details you provided to us, to let you know that your Wallet is Dormant and how to reactivate your Wallet. You can also contact us to reactivate your Wallet;
- Wallet Cancellation by Mukuru
- You agree that we may cancel the Terms with you and terminate your access to your Wallet permanently at any time if:
- you commit fraud or we suspect you have done so;
- you provide us with falsified, or tampered information;
- we reasonably believe that your behaviour is inappropriate or constitutes misconduct;
- you breach these Terms;
- you no longer have the information, access or item necessary to use the Wallet Service. E.g. Your mobile phone provider removes your registered mobile number from its network or ends your contract;
- you are no longer a Customer;
- the law requires us to do so;
- if we no longer provide the Wallet Service.
- You agree that we may cancel the Terms with you and terminate your access to your Wallet permanently at any time if:
- We may also suspend or restrict your use of the Wallet Service or restrict access to Funds as reasonably necessary for security or investigation of illegalities.
- Your Wallet may be unblocked or your access renewed at our discretion but only after the deficiencies are corrected or investigations concluded.
- Closing your Wallet
- General
- Waiver or Relaxation: A failure to act to enforce a right under these Terms does not mean that Mukuru granting the “allowance” has waived its right to enforce the Terms strictly.
- Assignment: The Wallet Service is provided exclusively to you as the registered and verified Customer. You are not allowed to share with, assign or transfer your Wallet or your obligations set out in these Terms to any third party. You will be held liable for losses suffered if you break these Terms.
- Severance: Each provision (including any clause, sub-clause or part thereof) of these Terms shall be construed as a separate and severable contract term, and if one or more provisions is held to be invalid, unlawful or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
- Applicable Law & Jurisdiction: These Terms will be governed by and interpreted in accordance with the laws of Botswana without giving effect to conflict of law provisions.
- Important Mukuru Links
- Website: www.mukuru.com
- Privacy Notice: https://www.mukuru.com/bw/legal/privacy-notice
- Security Tips: https://www.mukuru.com/bw/services/mukuru-wallet/#mukuru-wallet-safety-tips
- Google Maps
Mukuru may use a location-related feature called Google Maps to verify your address. Google has rules for using its Maps tool which include the Google Maps/Google Earth Additional Terms of Service and Google’s Privacy Policy. These Google rules are included as part of these Terms. - Address for Notices and Legal Proceedings
Mukuru’s address is Shop No.4 Airport Junction Shopping Mall, Gaborone, Botswana. This is the address where any legal document or notice for Mukuru must be sent or delivered. You must also email a copy to: [email protected].