Mukuru Card Terms and Conditions

MUKURU CARD – MUKURU TERMS & CONDITIONS (“T&C’S”)

Introduction
1. The Mukuru Card is a reloadable prepaid debit card available for use by registered customers of Mukuru in South Africa (“SA”) subject to these T&C’s.
2. These T&C’s govern the terms under which the Mukuru Card may be used in SA. You must read these T&C’s carefully because once you are issued with a Mukuru Card and a Personal Identification Number (“PIN”) you agree to be bound by and comply with these T&C’s. These T&C’s may be changed at any time. Any such changes will be posted on the www.mukuru.com website.
3. The Standard Bank of South Africa Limited (“Standard Bank”) remains the owner of the Mukuru Card at all times.
4. Mukuru Financial Services (Pty) Ltd, Reg. No. 2008/025860/07, an approved Financial Services Provider (FSP), registered under FSP license number 45517 (“Mukuru”) manages the operation of the Mukuru Card.
Validation and Activation of Mukuru Card
1. You must sign the card (“Mukuru Card”) in ink in the space provided on the back of the Mukuru Card as soon as you receive it in order to validate your Mukuru Card.
2. You must load at least the minimum amount of ZAR, as stipulated in the Mukuru Card brochure, on to your Mukuru Card in order to activate your Mukuru Card.
Loading funds on to Mukuru Card
1. You can load funds on to your Mukuru Card by:
  1. cash or EFT at authorised partners or as instructed in the Mukuru Card brochure; or
  2. by redeeming a voucher for a remittance accepted by the Mukuru system (“Remittance Voucher”).
2. If you load by EFT, you must ensure the transfer is made to Access Bank and that you use the 11-digit unique Mukuru Money Number which you received when your Mukuru Card was issued to you and which can also be obtained via USSD by dialling *130*567# or via WhatsApp by dialling +27860018555.
3. It is important to take note of the paying Bank’s cut-off times in respect of normal and/or immediate EFT payments as these will determine when funds will be received into the Access Bank account. All funds received into the Access Bank account are loaded onto the applicable Cards the following day. If someone makes an immediate EFT payment (RTC or SWIFT), the payment will clear into the Access Bank account in real time, however, the funds will only be loaded onto the Mukuru Card the following day.
4. Please note the following regarding the redemption of Remittance Vouchers onto your Mukuru Card:
  1. Your FICA documents must be up-to-date.
  2. You must have an active Mukuru Card in order to redeem a Remittance Voucher.
  3. A maximum of 5 active vouchers, ordered from newest to oldest, will be displayed on USSD/WhatsApp at any given time.
  4. By choosing the redemption of a Remittance Voucher on to your Mukuru Card, you acknowledge that:
    1. you are accepting the disbursement of a remittance and that you have the contractual capacity to do so; and
    2. you will not be able to reverse the transaction.
5. A Mukuru Card has the following limits:
  1. Available balance limit: R25000. This is the amount of funds you can have available on your Mukuru Card to transact with at any one time.
  2. Monthly load limit: R25000. This is the total value of funds that can be loaded onto your Mukuru Card throughout the month. It can be loaded in full or in increments.
  3. ATM daily withdrawal limit: R5000. This is the cumulative daily amount that can be withdrawn at an ATM using the card.
  4. ATM monthly withdrawal limit: R25000. This is the cumulative monthly amount that can be withdrawn at an ATM with the card.
  5. POS monthly transaction limit: R25,000. This is the cumulative amount that can be spent at a Point of Sale (POS) device.
  6. Practical example of load, spend and available balance limits:
    1. You get paid R10,000 in January, and don’t spend it. At beginning of February, you will have R10,000 available balance on your Mukuru Card. You now spend the full R10,000 by 10 February. On 16 February you receive a payment of R25,000, making your available balance R25,000. You then spend the R25,000 by 25 February.
    2. Total loads in the month = R25,000 (within load limit).
    3. Total available balance = did not exceed R25,000 at any point (available balance limit).
    4. Total spend in the month = R35,000 (R10,000 + R25,000). NB: Your load limit does not equal your spend limit. You can spend all available funds on your Mukuru Card. Total spend limit is made up of “Funds already on the card at the start of the month” PLUS “Funds loaded onto the card in the month, up to R25,000”.
Use of Mukuru Card
1. Only the person who signs the Mukuru Card may use the Mukuru Card.
2. You may only use the Mukuru Card for transactions that are legal (for example, do not pay for a money transfer to a suspected terrorist or someone on any sanctions list). It’s your responsibility to make sure a transaction is legal before you perform it.
3. If you misuse your Mukuru Card or let someone else use your Mukuru Card, it constitutes fraud and you will be liable for any loss suffered.
4. Your Mukuru Card can only be used in South Africa where Master Card is accepted.
5. You will not be able to use the Mukuru Card to pay toll fees or parking garages. The Mukuru Card does not accept debit orders or international wire transfers.
6. You can use your Mukuru Card at an ATM but not to perform transactions inside a bank.
7. When you use your Mukuru Card, the value of the transaction (including applicable fees) will be deducted from the available balance on your Mukuru Card.
8. You are responsible for keeping track of the available balance on your Mukuru Card at all times and ensuring that you do not exceed the balance when transacting. You must make sure that there are enough funds in your Mukuru Card for any transactions and fees.
9. When you use your Mukuru Card to pay for a transaction, you will not be able to stop payment.
10. Three wrong PIN entries in a row will stop your Mukuru Card. If stopped, you must contact Mukuru’s Call Centre by dialling 086 001 8555 (08h00 to 19h00) to unstop your Mukuru Card.
11. You will not be paid any interest on any credit balance loaded on your Mukuru Card.
12. Please read the Mukuru Card brochure for information on fees, checking balances, Mukuru Card limits and helpful information.
13. In order to continue using the Mukuru Card, you understand and agree that you will be required to provide us with a valid proof of identity and you may from time to time be required to provide certain additional personal data (including but not limited to source of funds and proof of address) to enable your identity to be verified and to ensure compliance with FICA and the internal KYC and anti-money laundering policies of Mukuru.
14. You agree that all personal data and documentation which you provide to Mukuru at any time 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 and will thus actively notify Mukuru of any change. If, at any time, Mukuru has reason to believe that the information or documentation provided is false or altered in any way, your Mukuru Card may be closed immediately and the relevant authority notified.
15. Mukuru and/or Standard Bank may block or revoke your Mukuru Card to protect their interests at any time.
16. Mukuru reserves the right to delay or decline any transaction for operational, legal, regulatory or compliance purpose and Mukuru will not be liable if you or anybody else suffer any loss because of Mukuru’s decision to delay or decline a transaction.
17. If you’re not sure that an instruction or payment has gone through, contact the Mukuru Call Centre. Do not give the same instruction again unless we have told you that we did not receive it, or else you may make the same payment twice.
Additional terms applicable to EFT Out transactions
1. An EFT Out transaction will allow you to move funds from your Mukuru Card into a recipient’s South African Bank account. We will display a list of available Banks to you at the time of your transaction. Mukuru may add to or remove available Banks at its discretion.
2. It is your responsibility to ensure that you provide Mukuru with correct and complete information for the EFT Out payment instruction, including but not limited to the name of the recipient, bank account number, name of the bank, branch code and amount. The payment instruction is executed only on the information you provide.
3. It is not legally possible to reverse EFT transactions without the authorisation of the account holder whose account was credited and Mukuru cannot be held liable in this regard. Mukuru cannot be held liable where a reversal is not achieved or if a Bank refuses to provide the contact details of the account holder. If Mukuru is able to assist with for example bank tracing and reversal, all applicable fees will be for your account. Please note that should the money not reflect in your recipient’s Bank account and you require Mukuru to trace it, all applicable fees will be for your account.
4. Mukuru Card limits apply.
5. It remains your responsibility to make sure that you allow enough time for an EFT Out transaction to be processed and reach your recipient’s account. All South African Banks are subject to cut-off times to process EFT Out payments and these vary from Bank to Bank. EFT Out payment processing does not take place on Saturday afternoons, Sundays and public holidays. If you miss a cut-off time, your EFT Out transaction will only be processed by the Bank on the next processing day.
Fees
1. Mukuru fees are set by Mukuru and its service providers at their sole discretion and all Mukuru’s up-to-date fees can be viewed at https://www.mukuru.com/sa/mukuru-money-card/ – under the “IMPORTANT LINKS” section near the bottom of the page.
2. You authorize Mukuru to automatically deduct all applicable transaction fees from your account at the point of transaction.
3. EFT Out transaction fees are non-refundable, even should the transaction be unsuccessful, whether or not it is reversed.
4. Mukuru Card fees are payable every month. If your Mukuru Card has no funds, Mukuru Card fees (and other fees owed to Mukuru) will be deducted automatically when you load funds onto your Mukuru Card.
5. Please read the Mukuru Card brochure for information on fees, checking balances, Mukuru Card limits and helpful information.
6. Mukuru reserves the right to collect any fees due regardless of the status of the Mukuru Card (for example if it has been blocked).
7. You can receive a statement via USSD by dialling *130*566# or via WhatsApp by dialling +27860018555 and entering a valid email address to the which the statement will be sent.
Expiry of Mukuru Card
1. Your Mukuru Card’s expiry date is recorded on the front of the Mukuru Card. Your Mukuru Card is valid until the last day of the month shown, unless it’s been closed before that date. Cut your Mukuru Card in half on expiry.
2. You must apply for a new Mukuru Card in the last valid month of your existing Mukuru Card. Your funds will be transferred to your new Mukuru Card. If you do not apply for a new Mukuru Card, you must withdraw all funds from your Mukuru Card before it expires. Any credit value remaining on your Mukuru Card on expiry will be dealt with at Mukuru’s discretion.
Liability and Responsibility
1. You are responsible for the safekeeping of your Mukuru Card Information (card number, expiry date or CVV) and PIN. Never share your PIN or your Mukuru Card Information with anyone including family or Mukuru Staff. You will remain liable for any lost funds due to you sharing your Mukuru Card Information or PIN with someone.
2. Mukuru is not responsible or liable to you or any third party:
  1. For any fraud, theft or misappropriation of funds on your Card (unless it can be proven that Mukuru was grossly negligent);
  2. for transactions concluded between you and any party and paid for using your Mukuru Card;
  3. if a party refuses to accept payment using your Mukuru Card;
  4. for complaints about goods or services paid for using your Mukuru Card;
  5. for payments credited to the wrong Mukuru Card; delayed payments and/or payments not received;
  6. if you gave us any incorrect or incomplete information or instructions;
  7. if you failed to meet any Bank cut-off times that may impact the transaction
  8. if your Mukuru Card is lost, damaged, copied or stolen;
  9. for any loss arising from any failure, malfunction or delay related to electronic facilities, a point-of-sale device, a third-party system, network or any other circumstances outside its control;
  10. for any loss that you suffer because you breached these T&Cs;
  11. for any loss caused by circumstances beyond our control; or
  12. For any indirect or consequential loss, no matter how caused.
3. You agree that any funds loaded on to your Mukuru Card in error do not belong to you; may not be used; and you authorise Mukuru to deduct such funds from your Mukuru Card immediately.
4. Mukuru does not provide any warranties, purchase protection, insurance, other promises or services.
Address for Notices and Legal Proceedings
1. Mukuru chooses its address at Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Observatory, 7925, Cape Town as the address where any legal document or notice must be served or delivered.
2. Any legal document or notice served for legal proceedings must be written on paper. The provisions of the Electronic Communications and Transactions Act 35 of 2002 that would otherwise be relevant do not apply to these legal documents or notices.
Collecting, sharing, using and protection of personal information
1. We treat personal information according to Mukuru’s privacy notice at https://www.mukuru.com/sa/data-protection/. This privacy notice is aligned with the applicable data protection laws with regard to our use of personal information.
Protecting your Mukuru Card
1. You must take all necessary steps to prevent unauthorised or fraudulent use of your Mukuru Card, PINs and Mukuru Card Information .
2. You must comply with all security guidelines that Mukuru may provide to you from time to time. For example:
  1. When using your Mukuru Card at a merchant’s card machine, you should always keep the Mukuru Card in sight. Try to insert, swipe or tap your Mukuru Card yourself and not hand it over to a merchant or any other person to do this for you.
  2. If you are using an ATM (automated teller machine), always be alert and aware of your surroundings. Never accept help from strangers when using an ATM – if your Mukuru Card is swallowed (retained) by the ATM, or you think your Mukuru Card has been swallowed, use *130*567# or our WhatsApp line to block your card immediately, You can also contact Mukuru immediately to block your Mukuru Card.
  3. Do not write your Mukuru Card PIN on the Mukuru Card or anything that is kept with the Mukuru Card. Be careful that no one can see you enter your Mukuru Card PIN when you use it. To keep your Mukuru Card information confidential, always take your transaction receipts or ATM statements with you.
  4. Protect your PINs and Mukuru Card Information and keep them confidential and only use them for the transaction you have received them for – there is no reason for any person, including Mukuru staff, to use them or know about them. You are liable for the use of the PIN’s, OTP’s and other security information that you receive and all activities that occur by means of the PIN’s, OTP’s and other security information. Even if you enter your PIN’s, OTP’s and other security information correctly, we cannot guarantee that a transaction will not be subject to fraud.
  5. Keep your device software up to date.
  6. Take reasonable precautions to keep any device safe and secure. We strongly recommend that you protect any device in your possession with an access code, biometrics (face or fingerprint), password or pattern lock.
  7. Immediately inform us and your mobile network operator if your device is stolen or if you believe you have been a victim of a SIM swap and also report the incident to the police station.
  8. Immediately change your email password and other PIN’s and other security information if you suspect that your email address or other personal information has been compromised or your device has been stolen.
3. If someone manages to steal or compromise your Mukuru Card and they also have your PIN’s, OTP’s and other security information, they could use your Mukuru Card to do transactions up to the maximum limits that apply and transfer all the money out of your Mukuru Card. If your device is stolen, there is a risk that they could also get a hold of your personal information on the device, because they have access to your SMSes, emails and the like. In such a situation, you should contact Mukuru immediately to block your card.
Lost or Stolen Mukuru Cards
1. When the Mukuru Card is used in a transaction, we assume that such transaction has been authorised by you, even if it took place without your knowledge or consent or was not authorised by you. This means that unless you notified Mukuru beforehand of any unauthorised access to or use of your Mukuru Card, PINs or Mukuru Card Information, or your Mukuru Card is compromised (someone uses your Mukuru Card without your knowledge or permission), you are liable for all losses in connection with that transaction. If your Mukuru Card is lost or stolen, or you believe your PIN’s, OTP’s and other security information (for example PIN) have been compromised, or an ATM malfunctions and “swallows” your Mukuru Card or you believe your Mukuru Card has been used to make transactions without your permission, or you become aware of ANY suspicious or unauthorised transactions on your Mukuru Card, you must contact Mukuru immediately to stop your Mukuru Card. If you fail to do so you may be liable for any losses that result from your failure to notify Mukuru or any delay in doing so.
2. You must contact Mukuru to stop your Mukuru Card immediately by:
  1. USSD by dialling *130*566# and following the options to stop your Mukuru Card; or
  2. WhatsApp by dialling +27860018555 and following the options to stop your Mukuru Card; or
  3. calling MUKURU’ Call Centre on 0860018555 (08h00 to 19h00).
3. If you need to stop your Mukuru Card after 19h00 at night, you can do so via USSD by dialling *130*566# or via Whatsapp by dialling +27860018555. Alternatively, call 086 111 5196 before 1am at night.
4. The Mukuru Card will be stopped as soon as reasonably possible after being reported.
5. NOTE: You are responsible for all payments made with your Mukuru Card before it is stopped.

MUKURU CARD – STANDARD BANK TERMS & CONDITIONS

INTRODUCTION
1. These Terms apply when you use the Mukuru Card that Mukuru has given you and constitute a binding legal agreement between you and us.
2. Please read these Terms carefully and pay special attention to the clauses that are in bold, as they may be important, may limit our liability (responsibility), or involve some risk to you. Defined terms are used exactly as defined.
YOUR MUKURU CARD
1. When you first receive your physical Mukuru Card
  1. You will get a package from Mukuru that contains your Mukuru Card and Mukuru Card PIN (if applicable). Do not accept an open package as the Mukuru Card or Mukuru Card PIN may have been tampered with.
  2. You must sign your Mukuru Card as soon as you receive it and keep it with you or in a safe place at all times. Only the person who has signed the Mukuru Card will be able to use it.
2. Activating the Mukuru Card; Your Mukuru Card will not work until Mukuru activates it. Activation will happen either the first time Mukuru loads (deposits) money to your Mukuru Card or as per the process as instructed by Mukuru.
3. Loading funds to your Mukuru Card and limits that apply; Mukuru may load and reload funds to your Mukuru Card at any time but there will be a limit to how much they can transfer to your Mukuru Card and on your maximum available balance. When giving you the Mukuru Card, Mukuru will let you know about these limits, as well as other limits that apply. You may also find out about these limits from Mukuru.
4. Mukuru Card ownership; We are the owner of the Mukuru Card. All intellectual property rights to the Mukuru Card (including any trademarks or logos) belong to us and other third parties. You may not use such intellectual property without our permission.
5. Replacement Mukuru Cards; These Terms and any changes to them will also apply to any replacement Mukuru Cards.
USING YOUR MUKURU CARD
1. Your Mukuru Card can only be used for transactions in South Africa; You can only use your Mukuru Card for transactions that are in Rand currency or that take place in South Africa.
2. Functionality; Your Mukuru Card will have the functions as communicated to you by Mukuru.
3. Your liability for the transactions; When the Mukuru Card is used in a transaction, we assume that such transaction has been authorised by you, even if it took place without your knowledge or consent or was not authorised by you. This means that unless you notified Mukuru beforehand of any unauthorised access to or use of your Mukuru Card or security codes, or your Mukuru Card is compromised (someone uses your Mukuru Card without your knowledge or permission), you are liable for all losses in connection with that transaction.
4. Confirming and authorising transactions
  1. There are a number of ways in which you may be able to confirm a transaction. These include:
    1. signing your name;
    2. holding your Mukuru Card in front of a contactless card machine;
    3. entering your Mukuru Card PIN; and
    4. entering your Mukuru Card details and any other information required (including any security codes).
  2. Before you confirm a transaction, you must check that the transaction amount is correct and be sure you wish to proceed with the transaction.
  3. After you have confirmed a transaction, it may need to be authorised. The available balance you can access will then reduce. Sometimes a transaction will not be completed after it is authorised, for example where a merchant does not process their transactions until later. If this happens, the transaction amount may be deducted from your Mukuru Card sometime after the transaction took place. You must always make sure that you have enough money on your Mukuru Card to pay for the transaction, irrespective of when the merchant processes it, as you are liable to pay for it.
  4. We have the right to decline any transaction, but we will typically only do this in the following instances:
    1. Where the transaction would cause you to exceed your available balance. (If, as a result of a transaction or the posting of fees or interest, you exceed your available balance, this does not mean that credit has been extended to you by us or Mukuru and you must immediately take steps to correct this. You are responsible for keeping track of your available balance.)
    2. If the transaction would cause you to exceed any of the limits that apply to your Mukuru Card.
    3. If we believe the transaction is not aligned with the parameters we have for you.
    4. If we believe the transaction may be linked to any prohibited activity.
  5. We are not liable if you suffer any loss because of our decision to decline a transaction.
5. Protecting your Mukuru Card and security codes
  1. You must take all necessary steps to prevent unauthorised or fraudulent use of your Mukuru Card and the security codes.
  2. You must comply with all security guidelines that we or Mukuru may provide to you from time to time. For example:
    1. When using your Mukuru Card at a merchant’s card machine, you should always keep the Mukuru Card in sight. Try to insert, swipe or tap your Mukuru Card yourself and not hand it over to a merchant or any other person to do this for you.
    2. If you are using an ATM (automated teller machine), always be alert and aware of your surroundings. Never accept help from strangers when using an ATM – if your Mukuru Card is swallowed (retained) by the ATM, or you think your Mukuru Card has been swallowed, contact Mukuru immediately to block your Mukuru Card.
    3. Do not write your Mukuru Card PIN on the Mukuru Card or anything that is kept with the Mukuru Card. Be careful that no one can see you enter your Mukuru Card PIN when you use it. To keep your Mukuru Card information confidential, always take your transaction receipts or ATM statements with you.
    4. Protect your security codes and keep them confidential and only use them for the transaction you have received them for – there is no reason for any person, including our staff, to use them or know about them. You are liable for the use of the security codes that you receive and all activities that occur by means of the security codes. Even if you enter your security codes correctly, we cannot guarantee that a transaction will not be subject to fraud.
    5. Keep your device software up to date.
    6. Take reasonable precautions to keep any device safe and secure. We strongly recommend that you protect any device in your possession with an access code, biometrics (face or fingerprint), password or pattern lock.
    7. Immediately inform us and your mobile network operator if your device is stolen or if you believe you have been a victim of a SIM swap and also report the incident to the police station.
    8. Immediately change your email password and other security codes if you suspect that your email address or other personal information has been compromised or your device has been stolen.
  3. If someone manages to steal or compromise your Mukuru Card and they also have your security codes, they could use your Mukuru Card to do transactions up to the maximum limits that apply and transfer all the money out of your Mukuru Card. If your device is stolen, there is a risk that they could also get a hold of your personal information on the device, because they have access to your SMSes, emails and the like.
FEES AND COSTS THAT RELATE TO THE USE OF THE MUKURU CARD
1. The fees for the use of the Mukuru Card can be obtained from Mukuru, who can be contacted for more information about this.
2. You will not be paid any interest on the available balance.
KEEPING YOUR CONTACT DETAILS UPDATED
1. You must promptly tell Mukuru if your contact details (including your email address and telephone number) change and ensure that they always have complete, accurate and up to-date contact details for you. If you do not do this, it may impact your rights under these Terms. For example, they may not be able or required to send you security tokens or send you fraud notifications or other important information, such as changes to the Terms or any security guidelines relating to the use of your Mukuru Card. Neither we nor Mukuru can be held liable if circumstances beyond their and our control prevent you from receiving communications or security tokens, for example if your mobile network provider is having technical issues, your email address has been compromised or you are a victim of a SIM swap.
WHAT TO DO IF YOU HAVE A PROBLEM
1. Security problems and unauthorised transactions
  1. If your Mukuru Card is lost or stolen, or if you believe that your security codes have been compromised or that your Mukuru Card has been used to do transactions without your permission, or if you become aware of any suspicious or unauthorised transactions on your Mukuru Card, you must contact Mukuru immediately to block your Mukuru Card. If you fail to do so, you may be liable for any losses that result from your failure to notify Mukuru or any delay in doing so.
  2. Your liability for transactions before the Mukuru Card was blocked; Even if you have asked Mukuru to block the Mukuru Card or blocked it yourself, you will remain liable for all transactions processed before the Mukuru Card was blocked, including:
    1. Any transaction where you breached these Terms, before or after the Mukuru Card was blocked.
    2. Any transaction that you authorised against your Mukuru Card (including a recurring transaction, such as a magazine subscription, before or after the Mukuru Card was blocked).
    3. Any transaction that you authorised before the Mukuru Card was blocked but that was processed afterwards (for example if the original transaction was processed offline, or if the merchant processed the transaction late).
  3. When you are not liable; You are not liable for loss caused by:
    1. Fraudulent or negligent conduct on our part in fulfilling our obligations (or on the part of Mukuru in fulfilling their obligations).
    2. Faults that occur in our or Mukuru’s systems, including the systems used to provide any services related to the Mukuru Card, unless the faults are obvious or advised by a notice or message.
    3. Transactions processed after the Mukuru Card was blocked, except under the circumstances set out in clause 6.1.2.1.
    4. Any other transaction where it is clear that you could not have contributed to the loss.
2. Other transaction disputes
  1. If you are not happy with goods and services you have purchased with your Mukuru Card or you believe the merchant has charged you incorrectly, you should first try to resolve your dispute with that merchant. It is your responsibility to comply with any terms that a merchant imposes on you in respect of a transaction.
  2. If this does not resolve your dispute, you may have additional rights under the payment scheme dispute process.
  3. You must notify Mukuru of the dispute within 60 days from the date of the transaction and if they ask you for further information you must provide that information as soon as possible. Our and their ability to obtain a refund may be restricted under the payment scheme rules, depending on how quickly you notify Mukuru.
  4. If your dispute fails but you have already been credited with the transaction amount, this amount will be taken from your Mukuru Card again together with all the applicable fees.
  5. A merchant can dispute any reversal made and if the dispute is found to be valid, your Mukuru Card will be re-debited with the transaction amount (which may cause your Mukuru Card to be overdrawn).
  6. If you have a dispute with a merchant, that dispute does not give you the right to –
    1. instruct us to refuse to pay the merchant for goods purchased or services obtained by you on your Mukuru Card. If we make a payment to a merchant for your transaction, it is final unless it can be reversed in terms of the payment scheme rules, or if it is clearly an error (such as a double debit for the same amount); or
    2. refuse to pay us for payments already made to the merchant, whether or not such payment was made in respect of the goods that are the subject of a dispute, or
    3. instruct us to reverse a payment already made to the merchant.
  7. Merchants are responsible for their transactions and they are separate from Standard Bank and Mukuru. Neither we nor Mukuru can be held liable if a merchant does not accept your Mukuru Card or if you have a complaint about goods or services that you paid for with your Mukuru Card.
OUR RIGHT TO DELAY OR SUSPEND A TRANSACTION, OR TO BLOCK YOUR MUKURU CARD
1. We may delay or suspend a transaction; We may delay or suspend payment of a transaction amount where:
  1. the amount is not in line with our risk detection parameters (these are measures that we use to help us categorise, evaluate and prioritise risks and they are confidential to us); or
  2. we believe that the transaction, or the batch it is in, is invalid, is linked to any prohibited activity or may harm someone.
2. Our right to block your Mukuru Card
  1. We may immediately block your Mukuru Card, for example:
    1. If we suspect that sanctions will be imposed on you or that you are involved in any prohibited activity.
    2. If you no longer have a relationship with Mukuru or Mukuru has asked us to block or stop your Mukuru Card.
    3. If your Mukuru Card has expired and you have not ordered a replacement Mukuru Card.
    4. If you have breached these Terms.
    5. If you have exceeded the number of permissible tries to enter your security codes for any transaction.
    6. If your KYC (“know your client”) obligations are not up to date.
    7. If we suspect that we are exposed to risk through your use of the Mukuru Card or we suspect that you are exposed to risk.
    8. If we are required by law or by any regulatory authority or payment scheme or ordered by a court of law to do so.
  2. Where possible we will try to give you notice before we block your Mukuru Card. Depending on whether or not it is necessary to protect our rights and those of any affected third parties, we may also secure the money related to the impacted transaction and transfer it into a suspense account.
  3. There are circumstances under which transactions can still be processed even after the Mukuru Card is blocked. These include the transactions set out in clause 6.1.2.1. You are liable for all such transactions.
WHERE WE DISCLAIM LIABILITY; Except in the case of negligence or fraud on our part in fulfilling our obligations, or except as set out in law, we are not liable:
1. For any loss that you suffer if we have stated in these Terms that we are not liable.
2. For any loss that you suffer because you breached these Terms.
3. For any loss caused by circumstances beyond our control.
4. For any indirect or consequential loss, no matter how caused.
COLLECTING, SHARING, USING AND PROTECTING PERSONAL INFORMATION; We treat personal information according to our privacy statement at www.standardbank.co.za. This privacy statement is aligned with the law with regard to collecting, sharing, using and protecting personal information.
1. What personal information is; Personal information is information about a person. This includes information about:
  - their name if it appears with other personal information relating to them or if the disclosure of their name itself would reveal information about them;
  - their telephone number, email, postal or physical address and location;
  - their race, nationality, ethnic or social origin, colour, culture, language and birth;
  - their marital status, sexual orientation, gender, sex and pregnancy;
  - their age and biometric information;
  - their physical or mental health, well-being, disability and medical history
  - their religion, convictions, beliefs, personal opinions, views or preferences and the views or opinions of another individual about them;
  - their education, financial or employment history and account related information;
  - their criminal history;
  - any identifying number, symbol or online identifier and any other particular assignment to them; and
  - correspondence sent by them that is implicitly or explicitly private or confidential; or further correspondence that would reveal the contents of the original correspondence.
2. About processing of information; The processing of information means any operation or activity (whether automated or not) relating to personal information, including:
  1. receiving, collecting, collating, organising, recording, storing and retrieving;
  2. using and consulting;
  3. disseminating, transmitting, distributing or making available in any other form;
  4. linking, merging, modifying, altering and updating; and
  5. blocking, destroying, erasing and degrading.
3. Your consent for processing of your personal information; You give your consent for us and Mukuru to collect your personal information from you and, where lawful and reasonable, from public sources for credit, fraud prevention and compliance purposes, for the purpose of sharing such personal information with each other and processing it for the purposes set out below.
4. Your authority to provide personal information of others; You confirm that, if you give us or Mukuru personal information about or on behalf of other persons (including your spouse/s, partner or agent), you are authorised to: (a) give us the personal information; (b) consent on their behalf to the processing of their personal information, and specifically with regard to any cross-border transfer of personal information to, from and outside the country where the Mukuru Card is provided; and (c) receive any privacy notices on their behalf.
5. Your consent for processing of personal information; You give your consent for us and Mukuru to process your personal information:
  1. to provide the Mukuru Card to you and any other products or services for which you may apply.
  2. to comply with legal and regulatory obligations.
  3. to carry out statistical and other analyses to identify potential markets and trends and evaluate and improve our business (this includes improving existing products and services and developing new ones).
  4. in countries outside the country where the Mukuru Card is provided. (These countries may not have the same data protection laws as the country where the Mukuru Card is provided. Where we can, we will ask the receiving party to agree to our privacy policies.)
  5. by sharing your personal information with our third-party service providers and insurers locally and outside the country where the Mukuru Card is provided. (We ask all parties that provide services to us, including our insurers, to agree to our privacy policies if they need access to any personal information to fulfil their obligations.)
  6. within the Standard Bank group of companies (Standard Bank Group Limited, its subsidiaries and their subsidiaries).
YOU MUST COMPLY WITH ALL APPLICABLE LAWS
1. You must not engage in prohibited activities; You must comply with all applicable laws. You must not engage in any prohibited activities or use the Mukuru Card for any such activities.
2. You must not engage with entities that are sanctioned; You must not use the Mukuru Card to assist or benefit a sanctioned entity or make it available for this purpose.
3. You warrant that you are not a sanctioned entity
  1. You warrant that you are not a sanctioned entity and that you are not being investigated for any activities relating to sanctions. If you are being investigated for any activities relating to sanctions or you are subject to sanctions, you must let us know about this immediately and in writing.
  2. You must compensate us for any loss that we suffer if your money is withheld or seized or blocked by a sanctioning body.
4. We may investigate suspected prohibited activities; You must help us, at your expense, to investigate any prohibited activities and give us all information we ask for relating to the prohibited activities. You give us consent, if we suspect or find any prohibited activity, to share the relevant details with any of the following:
  - Any regulatory authority
  - The South African Banking Risk Information Centre (SABRIC)
  - The Southern African Fraud Prevention Service (SAFPS)
  - Any entity involved in fraud prevention or law enforcement
  - Affected third parties.
WE MAY CHANGE THE TERMS OF THE AGREEMENT; Subject to any applicable laws, we can change these Terms or any part of them at any time. We or Mukuru will tell you about these changes, through our website, through the portal, by SMS or email or through any other form of communication that we or Mukuru may use. If you don’t agree to the changes you should not use the Mukuru Card anymore. You must not change any of the Terms or any part of them. If you continue to use the Mukuru Card after we change the Terms, we will assume that you have agreed to the changes and agreed to be bound by them.
ADDRESS FOR NOTICES AND LEGAL PROCEEDINGS
1. We choose the registered address at Standard Bank Centre, 5 Simmonds Street, Johannesburg 2001 as the address where any legal document or notice must be served or delivered to us.
2. Any legal document or notice served for legal proceedings must be written on paper. The provisions of the Electronic Communications and Transactions Act 35 of 2002 that would otherwise be relevant do not apply to these legal documents or notices
RESOLVING PROBLEMS AND COMPLAINTS
1. Contact details for questions and complaints
  1. If you have any questions or complaints about your Mukuru Card or these Terms, you must first contact Mukuru. If Mukuru does not help you, then you can contact us at [email protected] or 011 803 3118.
  2. If you still have a problem or if you are not happy with the way it was resolved, you can contact the Ombudsman for Banking Services through the website at www.obssa.co.za, by telephone at 0860 800 900 or by email at [email protected]
2. Ending the relationship between you and us
  1. You can stop using the Mukuru Card at any time. If you do not wish to use it anymore, you must make a reasonable effort to spend any remaining money on it, or you must claim this money from Mukuru.
  2. We can end the relationship with you in respect of the Mukuru Card for the reasons set out in clause 7.2.1.
  3. If our relationship with you ends, this means that you must stop using the Mukuru Card. Mukuru will tell you if this also ends their relationship with you.
  4. If the law allows it, you have the right to a refund of the remaining balance on the Mukuru Card. Mukuru will let you know at the time what you must do to get this refund.
DEFINITIONS
- available balance means the money that you have available to spend on your Mukuru Card at any given time.
- applicable laws means the following, as updated from time to time and as they apply to your or our obligations under these Terms:
  - all national, provincial, local and municipal legislation or subordinate legislation, ordinances, regulations or by-laws;
  - regulations, policies, directives, position papers, rules or other instructions of any relevant regulatory authority;
  - any instrument having the force of law;
  - the common law, judgment, order or decree.
- device means a mobile phone, tablet or similar technology that you use to transact or store personal information, to receive or input security codes or to send or receive emails. It also refers to any device through which you access the portal.
- merchant means a person or entity that is authorised to accept Mukuru Card payments for their goods or services.
- Mukuru means the person or entity that provides the Mukuru Card to you and/or manages the portal.
- Mukuru Card means the Standard Bank prepaid card, wearable or other payment instrument that incorporates the Mukuru Card details. A reference to Mukuru Card includes any replacement Mukuru Card.
- Mukuru Card details mean your name as it appears on the Mukuru Card, the Mukuru Card number, the expiry date, the CVV (Mukuru Card verification value) or any other credential associated with your Mukuru Card.
- Mukuru Card PIN means the personal identification number that applies to your Mukuru Card. It is only known by you
- portal means the mobile application or website platform owned or managed by Mukuru.
- processed in the context of transactions means that the merchant has processed a transaction and the money has been withdrawn from your Mukuru Card. Some merchants may only process their transactions long after they take place.
- prohibited activities means:
  - any activities that do not comply with applicable laws or that go against these Terms;
  - illegal or terrorist activities, or the financing of these activities;
  - money laundering, bribery, tax evasion, corruption, fraud or payments that improperly advantage any person;
  - any activities that are subject to sanctions, which are measures imposed or restrictions set by a sanctioning body, including diplomatic, travel, trade or financial sanctions or embargoes.
- replacement Mukuru Card refers to the new Mukuru Card that Mukuru gives to you when your old Mukuru Card is lost, stolen or damaged. regulatory authority means any authority that has jurisdiction over you, us or the activities covered by these Terms, including:
  - any national, municipal, provincial, other local or administrative government, authority or department;
  - any agency, tribunal, commission, regulator, self-regulatory body or similar body (such as the South African Reserve Bank and the Payments Association of South Africa).
- sanctioned entity means a person, organisation or country that is under sanctions or that is on a list published by a sanctioning body (sanctions list), including:
  - In the case of a country, its ministries, departments and agencies and any other governmental organisations.
  - Any person who owns or controls a juristic person (for example, a company, trust or organisation).
  - Any person who is owned by or controlled by a juristic person.
- In this context:
  - ‘owns’ means holding any percentage of ownership or beneficial interest; and
  - ‘controls’ means the ability to control the business or policy of the juristic person, whether directly or indirectly, through the voting of shares, by appointing directors or by any other means).
  - sanctioning bodies includes the European Union (EU), Her Majesty’s Treasury (HMT), the Ministry of Economy, Finance and Industry (France) (MINEFI), the Office of Foreign Assets Control of the Department of Treasury of the United States of America (OFAC), the United Nations Security Council (UNSC) and any other sanctioning body that we recognise.
  - security code means any confidential code, user name and password, Mukuru Card PIN, security token or other information that you must use to confirm your identity when you make a payment with your Mukuru Card or access the portal.
  - security token means a unique randomly generated OTP (one time password) or other verification information designated by us as a means of identifying you.
  - SIM swap means the SIM Mukuru Card connected to your mobile phone number is changed without your knowledge or consent.
  - SMS means a short message service using a mobile phone.
  - transaction means any transaction made with the Mukuru Card, including a purchase (whether through a Mukuru Card machine or ecommerce) or cash withdrawal.
  - you means the person to whom the Mukuru Card is issued and who is liable for all transactions on the Mukuru Card.