Website Terms of Use

  1. INTRODUCTION
    1. Welcome to the www.mukuru.com website, home of the Mukuru Service.  The Mukuru 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.
    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 LL75, Parkview Lifestyle Centre, Cnr Garsfontein and Netcare Road, Garsfontein, Gauteng, South Africa.
    3. By accessing and using the Website, you agree to comply with and be bound by the following terms and conditions of use, which, together with Mukuru Africa’s Privacy Policy, govern Mukuru Africa’s relationship with you in relation to the Website.
    4. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download, copy or distribute any of the content of the Website as further use will automatically bind you to these terms and conditions.
    5. The term “you” or “your” refers to the user or viewer of the Website.
  2. YOUR USE OF THE WEBSITE
    1. You agree that your use of the Website is for lawful purposes only. You agree that you will not use the Website for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material.
    2. The Website contains robot exclusion headers. Much of the information on the Website is updated on a real-time basis and is proprietary or is licensed to Mukuru Africa by users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the express prior written consent of Mukuru Africa. Additionally, you agree that you will not: 
      1. take any action that imposes, or may impose, in the sole discretion of Mukuru Africa, an unreasonable or disproportionately large load on Mukuru Africa’s infrastructure; 
      2. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Website without the prior expressed written permission of Mukuru Africa and the appropriate third party, as applicable; 
      3. interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or 
      4. bypass Mukuru Africa’s robot exclusion headers or other measures Mukuru Africa may use to prevent or restrict access to the Website. 
    3. Mukuru Africa does not authorise you to extract or re-utilise substantial parts of the Website, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of the Website. If Mukuru Africa suspects such activity has taken place the necessary legal action will be taken.
  3. GENERAL DISCLAIMER
    1. You agree to access and use the Website entirely at your own risk. It shall be your own responsibility to ensure that any services or information available through the Website meet your specific requirements.  Please read the Exclusion of Liability clauses below.
  4. EXCLUSION OF LIABILITY
    1. You expressly agree that the use of the Website is entirely at your own risk. The Website and all its contents are provided on an “as is” basis, and Mukuru Africa makes no representations or warranties of any kind, whether express or implied, as to the accuracy of the contents of the Website. Mukuru Africa does not warrant that the Website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.
    2. Mukuru Africa,  its shareholders, directors, employees, officials, suppliers, agents, representatives and affiliates shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance of the Website and/or its content.
    3. Mukuru Africa, its agents and business partners shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use the content or the Website or any functionality of the Website or of any linked website, even where Mukuru Africa is expressly advised thereof.
    4. You will indemnify Mukuru Africa, its shareholders, directors, employees, officials, agents, suppliers, representatives and/or affiliates, and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of the Website.
  5. ACCURACY OF INFORMATION
    1. The content of the pages of the Website is for your general information and use only.  Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of Mukuru Africa and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
    2. Neither Mukuru Africa nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose.
    3. While every effort is made to ensure that the information provided on the Website is current and accurate, you acknowledge that such information and materials may contain inaccuracies or errors and Mukuru Africa expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.  
  6. COPYRIGHT AND USE OF MATERIAL
    1. Mukuru Africa or its affiliates retain copyright in the Website, which includes, but is not limited to, design, layout, look, appearance and graphics and all current and future content displayed on the Website which is not owned by third parties.
    2. All trademarks reproduced in the Website, which are not the property of, or licensed to Mukuru Africa, are acknowledged on the Website.
    3. In terms of a limited licence, granted for general use, Mukuru Africa grants the user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content of the Website for your personal, non-commercial and informational purposes only.
    4. In addition, Mukuru Africa grants you permission to copy and distribute information from the Website for non-commercial purposes, provided that:
      1. this information has not been sourced from third parties;
      2. you notify Mukuru Africa of such use; and
      3. www.mukuru.com is acknowledged as the source by reference to the Website address.
    5. The Website and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose, nor shall it be modified or incorporated in any other work, publication or website.
    6. E-mail addresses, names and telephone numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. 
    7. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to Mukuru Africa.
  7. SOFTWARE AND EQUIPMENT
    1. It is your responsibility to acquire and maintain, at your own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the internet and the Website and/or download content from the Website.
  8. CHANGES AND AMENDMENTS
    1. Mukuru Africa reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
      1. change these terms and conditions;
      2. change the content and/or services available from the Website;
      3. discontinue any aspect of the Website or service available from the Website; 
      4. change the software and hardware required to access and use the Website; and/or
      5. delete the Website.
  9. YOUR PRIVACY
    1. Mukuru Africa respects the privacy of all visitors to the Website. 
    2. You may use the Website without providing any personal information. However, by using the Website and completing any online form, you do consent to the collection of personal information.  
    3. To allow Mukuru Africa to regularly assess and improve the Website, Mukuru Africa collects information on the number of visits to the site, pages viewed, etc.
    4. Please refer to Mukuru Africa’s Privacy Policy for more information regarding, inter alia, the protection of your personal information.
  10. EXTERNAL LINKS AND ADVERTISING
    1. Wherever the Website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk.
    2. Wherever third party advertising or promotional material is displayed on the Website, this should not be construed as Mukuru Africa endorsing or creating any relationship between Mukuru Africa and that third party. Reliance on any such material is entirely at your own risk.
  11. LINKING
    1. Any third party wishing to link to the Website from their website must obtain written permission from Mukuru Africa, and permission may be granted on terms and conditions agreed.
  12. SECURITY
    1. Mukuru Africa shall take all reasonable technical and organizational steps to secure the content of the Website and your personal information from unauthorised access and/or disclosure. However, Mukuru Africa does not make any warranties or representations that content shall be entirely safe or secure.
    2. Mukuru Africa will make all reasonable attempts to exclude viruses (and similar destructive devices) from the Website but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should take appropriate steps in respect of this risk.
    3. You may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
    4. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Mukuru Africa harmless against any and all liabilities, damages, risks and losses that Mukuru Africa and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.
  13. YOUR COMMENTS
    1. Mukuru Africa values feedback received from visitors to the Website. However, you agree not to transmit any material that is unlawful, harmful, defamatory, abusive, threatening, vulgar or obscene. You remain liable to any third party for your comments, and Mukuru Africa is not liable to any third party for the content of your comments.
    2. Please also note that Mukuru Africa cannot respond to all feedback received.
  14. SEVERABILITY 
    1. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
  15. AGREEMENT 
    1. You and Mukuru Africa agree that:
      1. You shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time you enter the Website for the first time.
      2. You agree and warrant that data messages (sms, WhatsApp, social media and email communications) that are sent to Mukuru Africa from a computer, IP address or mobile device normally used by or owned by you, were sent and/or authorised by you personally.
      3. Electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and Mukuru Africa.
      4. When you send an email or message through the Website to Mukuru Africa, it is deemed to have been received when Mukuru Africa replies to the message. An auto response from the Website is not regarded as a reply.
      5. When Mukuru Africa sends an email to you, it is deemed to have been received when you are capable of downloading the email.
  16. CHOICE OF LAW
    1. These terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Western Cape Division of the High Court in the event of any dispute.
  17. CONTACT DETAILS
    1. Contact details for any purposes related to these terms and conditions: 
      1. E-mail:  legal@mukuru.com; and
      2. Phone: +27 86 001 8555.
  18. DATE OF PUBLICATION
    1. These Terms and Conditions are accurate at time of publication and may be subject to change.