Terms and Conditions

  1. Important Notices
    1. These Terms of Use contain specific provisions which limit Mukuru Africa’s liability, 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 Service.
    2. Only persons who are 18 years or older may register as a use of the Mukuru Service. By registering as a user of the Mukuru 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. In the event that your designated Recipient is below the age of 18 years, you agree to indemnify and hold harmless Mukuru Africa, its affiliates, 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 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 Mukuru Africa’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Mukuru Africa of any unauthorized use of your user name or password, PIN or any other breach of security. You agree that you are only allowed to create and maintain one registered user account.
    5. Mukuru Africa reserves the right to disable any user identification code or password, 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.
    6. For security reasons, Mukuru Africa recommends that you only send money through the Mukuru Service to people you know personally. You must not use the Mukuru Service to send money to strangers, for example, sellers of goods and/or services whether private or retail.
  1. Legal Requirements        
    1. Declaration By registering as a user of the Mukuru Service and by initiating a Money Transfer 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 is true and correct in all respects;
      3. you have been informed of any limits which may be applicable to the confirmed Money Transfer Transaction and you confirm that any such limit, if applicable, will not be exceeded as a result of the conclusion of such Money Transfer Transaction.
  1. 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 Service so that Mukuru Africa complies with its own KYC policy and FICA. There are two types of registration:
        1. A “light” registration in terms of which you will only be required to submit a recognised proof of identity document; and
        2. A “full” registration in terms of which you will be required to submit a recognised proof of identity document, proof of income and proof of residence.
  1. 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 Service.
    2. In addition to the conduct stipulated in 1.2, 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
      2. Mukuru Africa believes that your actions may cause Mukuru Africa to suffer financial loss or incur legal liability.
  2. Marketing
    1. By registering as a user of the Mukuru Service, you agree to allow Mukuru Africa 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.
  3. Electronic Communications
    1. You acknowledge that these Terms of Use shall be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:
      1. these Terms of Use and any amendments, modifications or additions to these Terms of Use.
      2. the record of your Money Transfer Transactions which have been processed through the Mukuru Service;
      3. any initial, periodic or other disclosures or notices provided in connection with the Mukuru 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 Service; and
      5. any other communication related to the Mukuru Service.
  1. Collection of Information
    1. You consent to Mukuru Africa processing your personal information for the purposes of providing the Mukuru Service, including for the verification of your identity.
    2. You also consent to the use of such personal information for communicating with you, and for statutory, accounting and archival purposes.
    3. You acknowledge that you have read and consented to Mukuru Africa’s Privacy Policy.
  1. Intellectual Property
    1. The Mukuru Service and all intellectual property incorporated in or related to the Mukuru 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.
  1. No Warranty
    1. Mukuru Africa and its holding company, subsidiary companies of its holding company, its affiliates, officers, directors, agents and employees do not guarantee continuous, uninterrupted or secure access to the Mukuru Service, and operation of the Mukuru Service may be interfered with by numerous factors outside of Mukuru Africa’s control.
    2. The Mukuru 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.
  1. Limitation of Liability
    1. In no event will Mukuru Africa, its holding company and subsidiary companies of its holding company, its affiliates or its 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 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, its holding company and subsidiary companies of its holding company, its affiliates, officers, directors, agents and employees 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 its holding company and subsidiary companies of its holding company, its affiliates, officers, directors, agents and employees in any circumstance is limited to the total Service Fee you paid to Mukuru Africa in relation to the Money Transfer 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.
  1. Indemnity
    1. You agree to defend, indemnify and hold harmless Mukuru Africa, its affiliates and licensors 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 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 in respect of all losses, costs, actions, claims, and liabilities incurred by Mukuru or its affiliates 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.
  1. Comments and Complaints
    1. If you wish to make a comment or complaint about any aspect of the Mukuru Service, please send your complaint in writing to LL71, Parkview Lifestyle Centre, corner of Garsfontein and Netcare Roads, Moreletapark, Pretoria East, 0181, Gauteng, South Africa, or email your complaint to support@mukuru.com.
  1. General        
    1. Entire Agreement  
      1. These Terms of Use, Mukuru Africa’s Privacy Policy, and your receipt for any Money Transfer Transactions constitute the sole and entire agreement between you and Mukuru Africa with respect to the Mukuru Service.
      2. When you effect Money Transfer Transactions through the Mukuru Service any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Mukuru Service are superseded.