1.2. Mukuru Africa is a private company incorporated under the laws of South Africa with Registration Number 2013/003424/07, having its registered office at Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town, South Africa. Mukuru Africa holds an Authorised Dealer in Foreign Exchange with Limited Authority (Category 2) licence from the South African Reserve Bank which allows Mukuru Africa to operate as Bureaux de Change and offer money remittance services in partnership with external money transfer operators and other business partners.
1.4. Please note that once you have registered as a user of the Mukuru Service, your account may be terminated at any time, with or without notice to you, if:
1.4.2. your conduct is deemed to be harmful to the business of Mukuru Africa or any of its affiliates; or
1.4.3. your use of the Mukuru Service is harmful to any other party.
2.1.1. “Affiliate” means a holding company of Mukuru Africa or any subsidiary of a holding company of Mukuru Africa from time to time;
2.1.2. “Financial Institution” means a company which is engaged in the business of dealing with monetary transactions, such as deposits, loans, investments and currency exchange.
2.1.3. “FIC” means the Financial Intelligence Centre which was established in terms of FICA to administer the Financial Intelligence Centre Act. The FIC is South Africa’s national centre for the development of financial intelligence in accordance with international standards and requirements.
2.1.4. “FICA” means the Financial Intelligence Centre Act No 38 of 2001.
2.1.5. “FSB” means the Financial Services Board, an independent institution established in terms of the Financial Advisory and Intermediary Services Act No 37 of 2002 to oversee the South African Non-Banking Financial Services Industry in the public interest.
2.1.6. “KYC” means “Know Your Customer” which is the process of a business identifying and verifying the identity of its clients.
2.1.7. “Legal Tender” means the denomination of a country’s currency that, by law, must be accepted as a medium for commercial exchange and payment for a money debt.
2.1.8. “Mukuru Groceries” means the grocery remittance product offered by Mukuru Africa in terms of which a Sender can initiate a Remittance Transaction pursuant to which the Recipient is able to exchange the Remittance sent to him or her for a specified list of groceries.
2.1.9. “Mukuru Service” means the international remittance service operated in South Africa by Mukuru Africa which provides registered users in South Africa with the ability to initiate the transfer of value to designated recipients within and outside South Africa.
2.1.10. “Mukuru Service Fee” means the fee paid by a Sender when creating an order for a Remittance Transaction.
2.1.11. “Pay-Out Partner” means an entity appointed by Mukuru Africa or one of its affiliates to disburse a Remittance in the country identified in the Sender’s payment instructions when initiating a corresponding Remittance Transaction.
2.1.12. “Receive Amount” means the amount of money designated by the Sender when initiating a Remittance Transaction minus the Mukuru Service Fee and, following the conversion using the exchange rate quoted to the Sender, the amount which is paid to the Recipient in Receiving Currency.
2.1.13. “Receiving Currency” means the Legal Tender recognised in the country in which the Recipient resides.
2.1.14. “Recipient” means the individual who is designated by the Sender as the beneficiary of a Remittance Transaction and to whom the Remittance is disbursed by a designated Pay-Out Partner.
2.1.15. “Remittance” means the value disbursed to a Recipient by a Pay-Out Partner.
2.1.16. “Remittance Transaction” means the transmission of value via the Mukuru Service to a designated Recipient pursuant to an instruction received from a Sender.
2.1.17. “Sender” means the individual who is a registered user of the Mukuru Service and who initiates a Remittance Transaction for the benefit of the Recipient.
2.1.18. “SARB” means the South African Reserve Bank, the central bank of South Africa.
2.1.19. “South Africa” means the Republic of South Africa.
- IMPORTANT NOTICES
3.2. Only persons who are 18 years or older may register as a user 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.
3.3. Mukuru Africa recommends that your designated Recipient be 18 years or older. If your designated Recipient is below the age of 18 years, you agree to indemnify and hold harmless Mukuru Africa and its Affiliates, their respective directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your designated Recipient being below the age of 18 years.
3.4. 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 the security procedures employed by Mukuru Africa you must treat such information as confidential, and you must not disclose it to any third party. In this regard:
3.4.1. You agree to immediately notify Mukuru Africa if your user name, password or PIN is lost or stolen, is used without your permission or if there is any other breach of security. You agree that you are only allowed to create and maintain one registered user account; and
3.5. 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.
- LEGAL REQUIREMENTS
By registering as a user of the Mukuru Service and by initiating a Remittance Transaction, you declare that:
4.1.2. all information furnished by you to Mukuru Africa whether directly or indirectly is true and correct in all respects;
4.1.3. the currency applied for will only be used for the specific purpose stated by you to Mukuru Africa;
4.1.4. you have been informed of any limits which may be applicable to the confirmed Remittance Transaction and you confirm that any such limit, if applicable, will not be exceeded as a result of the conclusion of such Remittance
4.1.5. Transaction; and
and you consent to the above information being provided to the South African Revenue Service and/or the FIC.
4.2. KYC and FICA
4.2.1. In order to register as a user of the Mukuru Service, you will be required to provide certain personal data (proof of identity, proof of income and proof of residence) to enable your identity to be verified and to ensure compliance with FICA and the internal KYC policies of Mukuru Africa. All documents confirming such personal data are referred to as KYC documents. KYC information and verification may also be required in respect of your designated Recipient.
4.2.2. You agree that all personal data, information and documentation which you provide to Mukuru Africa, whether directly or indirectly, during the registration process and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information and documentation is kept accurate and up-to-date at all times. If, at any time, Mukuru Africa has reason to believe that the information or documentation provided is false or altered in any way, your Mukuru Account will be closed immediately and the relevant authority notified.
4.2.3. You acknowledge that the FIC may, at any time, request your personal data, information and documentation from Mukuru Africa in respect of a FICA audit or on any other grounds and that Mukuru Africa, whichever is applicable, is obliged to and will provide the FIC with such personal data, information and documentation upon request.
4.3. Single Discretionary Allowance
4.3.1. South African citizens (natural persons) who are 18 years and older may be permitted to avail of a single discretionary allowance within an overall limit of R1 million per individual per calendar year without the requirement to obtain a tax clearance certificate in respect of foreign investments from the South African Revenue Service.
4.3.2. It is your responsibility to ensure that you do not exceed your single discretionary allowance.
4.4. Reporting to SARB
4.4.1. Every Remittance Transaction successfully completed via the Mukuru Service must be reported to SARB. This report includes the personal details of the Sender and the Recipient and the details of the completed Remittance Transaction (order, payment, pay-out).
4.4.2. When compiling the report, the Sender’s personal details are obtained from the KYC documents submitted upon registration.
4.4.3. By submitting your KYC documents and using the Mukuru Service, you agree to allow Mukuru Africa to use your personal details as reflected on the KYC documents when submitting the prescribed reports to SARB.
4.4.4. Mukuru Africa will not be responsible for any legal proceedings of any kind brought against you by any private, government or financial institution or body of any kind, due to the information that it has passed on to these institutions or bodies.
4.4.5. For further information, please visit www.resbank.co.za.
4.5. Disclosure of Personal Information
4.5.1. Mukuru Africa may disclose your personal information if required to do so by:
184.108.40.206. law (including, without limitation, when responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary to:
220.127.116.11.1. comply with a legal obligation;
18.104.22.168.2. protect and defend Mukuru Africa’s rights or property;
22.214.171.124.3. act in urgent circumstances to protect the personal safety of other users of the Mukuru Service or the public; or
126.96.36.199.4. protect against legal liability; or
188.8.131.52. third party companies or entities with which Mukuru Africa contracts, whether directly or indirectly, to provide the Mukuru Service where such companies or entities require access to your personal information to perform their own regulatory functions and not for any other purposes.
- OPERATION OF THE MUKURU SERVICE
5.1.1. 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 to ensure compliance with FICA, Mukuru Africa’s KYC Policy.
5.1.2. There are two types of registration:
184.108.40.206. A “light” registration in terms of which you will only be required to submit a recognised proof of identity document; and
220.127.116.11. 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.
5.2. Verification and Checks
5.2.1. Mukuru Africa will verify your residential address and personal details in order to confirm your identity.
5.3. Remittance Transaction Processing and Delivery Schedule
5.3.1. Remittances disbursed as Receive Amounts
18.104.22.168. After Mukuru Africa has verified your identity, completed a screening for proper compliance with the various applicable laws and regulations, and received payment of the amount of the Remittance and the Mukuru Service Fee from you, the Receive Amount will be:
22.214.171.124.1. made available for collection by your designated Recipient from a Pay-Out Partner;
126.96.36.199.2. deposited into your designated Recipient’s mobile wallet; or
188.8.131.52.3. deposited into your designated Recipient’s bank account in the destination country.
184.108.40.206. Mukuru Africa cannot be held responsible for:
220.127.116.11.1. any delay in payment of the Receive Amount to the Recipient – if the exchange rate fluctuates, Mukuru Africa is in no way liable for any perceived or real historical loss in value of the Receive Amount;
18.104.22.168.2. the unavailability of Receiving Currency in the Recipient’s country of residence – the Recipient will be given the option to wait until the Receiving Currency is restocked or collect a substitute currency of equivalent value instead. The rate at which the substituted funds may be collected will be determined by the daily available rate, and Mukuru Africa accepts no responsibility for any losses incurred to the Recipient during the foreign exchange. No refunds will be issued.
5.3.2. Remittances exchanged for Mukuru Groceries
22.214.171.124. After Mukuru Africa has verified your identity, completed a screening for proper compliance with the various applicable laws and regulations, and received payment of the amount of the Remittance (which in the case of Mukuru Groceries, is inclusive of the Mukuru Service Fee) from you, your Recipient will need to visit a designated Pay-Out Partner’s store where he will exchange the Remittance sent to him or her for the specified list of groceries from the Pay-Out Partner.
126.96.36.199. Mukuru Africa cannot be held responsible for:
188.8.131.52.1. any delay in the receipt of the Mukuru Groceries by the Recipient;
184.108.40.206.2. the unavailability of any item of the Mukuru Groceries in the Recipient’s country of residence – if the Pay-Out Partner has insufficient quantities of groceries for distribution to your Recipient, your Recipient will need to return to collect the groceries at a later date.
220.127.116.11. PLEASE NOTE:
18.104.22.168.1. The amount of the Remittance which must be paid by you in order for your Recipient to collect the specified list of groceries from the Pay-Out Partner may be revised and changed by Remitix Limited at any time. The applicable revision or change will be advertised along with the date upon which such revision or change will take effect.
22.214.171.124.2. The list of groceries which will be received by your Recipient will be as advertised from time to time. However, all grocery items advertised are subject to availability and, in the event an advertised item is unavailable, it will be replaced with a similar product of equal value.
126.96.36.199.3. The Recipient must check all grocery items upon collection while he or she is still in the designated Pay-Out Partner’s store and, if any grocery item is found to be defective, the defect must be reported to the Pay-Out Partner immediately and an exchange requested before the Recipient leaves the store. Grocery items may not be exchanged after the Recipient has left the Pay-Out Partner’s store – even if later found to be defective.
5.3.3. Mukuru Africa will attempt to process Remittance Transactions promptly but any Remittance Transaction may be delayed or cancelled for a number of reasons, including, without limitation, its efforts to verify your identity, compliance with applicable law or variations in business hours and currency availability.
5.3.4. Mukuru Africa may, in its sole discretion, refuse to process Remittance Transactions from certain Senders or to certain Recipients including, without limitation, individuals on restricted or prohibited lists.
5.4. Cancellations and Refunds
5.4.1. If you instruct Mukuru Africa to process a Remittance Transaction and then subsequently request that the Remittance Transaction be stopped or reversed, Mukuru Africa will first need to confirm whether the Pay-Out Partner has disbursed the Remittance to the Recipient before the transaction can be stopped or reversed.
5.4.2. If Mukuru Africa can confirm that the Remittance has not been disbursed to the Recipient, the Remittance Transaction will be cancelled and Mukuru Africa will refund the amount of paid to you. Your refund will be in ZAR.
5.4.3. All refunds shall be available within 7 (seven) calendar days of the date on which the refund is received from the Pay-Out Partner. For further information, please contact the customer service department at +27 86 001 8555 or email email@example.com.
5.5. Restrictions for Remittance Transactions
5.5.1. Mukuru Africa reserves the right, in its sole discretion, to:
188.8.131.52. reject a proposed Remittance Transaction;
184.108.40.206. limit the amount of a Remittance Transaction;
220.127.116.11. require additional information to complete a Remittance Transaction; and/or
18.104.22.168. take reasonable measures with respect to a Remittance Transaction in an effort to comply with applicable laws and regulations.
5.5.2. The Mukuru Service is offered exclusively for the personal remittance needs of users. Any other use or attempted use of the Mukuru Service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
5.5.3. In the event that your designated Recipient is unable to receive disbursement of the Remittance because incorrect information was provided for the Recipient when the Remittance Transaction was created, you are obliged to contact Mukuru Africa to correct any errors in the information provided. If the Recipient contacts Mukuru Africa directly, he will be advised to contact you in order to resolve the matter. Mukuru Africa cannot be held responsible for losses in rate or inflation due to incorrect details being supplied for the Recipient or if the Recipient’s bank account or mobile wallet account is deactivated, frozen or closed.
5.5.4. If you use your mobile phone to process Remittance Transactions, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
5.6.1. A user of the Mukuru Service who was subject to a “light” registration will be limited to sending a maximum amount of R5 000 (five thousand Rand) per day and a maximum of R25 000 (twenty-five thousand Rand) per month.
5.6.2. A user of the Mukuru Service who was subject to a “full” registration will be limited to sending an amount equal to the user’s annual income each year and the single discretionary allowance of R1 million per individual per calendar year.
5.7.1. For registration
22.214.171.124. Registration with the Mukuru Service is free of charge.
5.7.2. For use of the Mukuru Service
126.96.36.199. In consideration of your use of the Mukuru Service, you agree to pay a service Fee per Remittance Transaction executed through the Mukuru Service.
188.8.131.52. Payment of the Mukuru Service Fee is due at the time that you instruct Mukuru Africa to process your Remittance Transaction.
184.108.40.206. The Mukuru Service Fee is subject to review and can be changed at any time at the sole discretion of Mukuru Africa.
6.1. 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.
6.2. In addition to the conduct stipulated in 6.1, Mukuru Africa may limit your activity, immediately issue a warning, suspend or terminate your account without notice if:
6.2.1. despite its reasonable endeavours, Mukuru Africa is unable to verify or authenticate any information you have provided; or
6.2.2. Mukuru Africa believes that your actions may cause Mukuru Africa to suffer financial loss or incur legal liability.
7.1. By registering as a user of the Mukuru Service, you agree to allow Mukuru Africa or any of its Affiliates to send you marketing messages from time to time.
7.2. Mukuru Africa will not allow third parties to send marketing messages to you using the information you have provided.
- ELECTRONIC COMMUNICATIONS
8.1. You acknowledge that:
8.1.1. any communication sent in the form of an electronic message (a communication sent through an electronic channel including email, social media, WhatsApp, text and instant message) is not a secure or error-free medium of communication;
8.1.2. there are risks implicit in transmitting communications electronically including the risk that the electronic message received by Mukuru Africa may be different from the electronic message which you actually sent or intended to send as a result of the malfunction of equipment, the distortion of communication links and the like; and
8.1.3. it is not practical for Mukuru Africa to establish the authenticity of all electronic messages which purport to have been sent by you.
8.2. Notwithstanding 8.1 above, you hereby irrevocably and unconditionally authorise Mukuru Africa to:
8.2.1. accept all instructions, mandates, consents, commitments, and any other documentation transmitted by you by electronic message and which purport to emanate from you (‘’electronic instructions”); and
8.2.2. act upon such electronic instructions.
8.3. You agree that the following categories of information (“Communications”) may be provided by electronic means to you:
8.3.2. the record of your Remittance Transactions which have been processed through the Mukuru Service;
8.3.3. any initial, periodic or other disclosures or notices provided in connection with the Mukuru Service including, without limitation, those required by law;
8.3.4. any customer service communications including, without limitation, communications with respect to claims of error or unauthorised use of the Mukuru Service; and
8.3.5. any other communication related to the Mukuru Service.
8.4. You undertake to implement and adhere to any procedures and/or restrictions imposed on you by Mukuru Africa from time to time regarding the sending of electronic instructions to Mukuru Africa.
8.5. You acknowledge that Mukuru Africa is not obliged to act on your electronic instructions and that it may at any time on written notice to you terminate your use of the Mukuru Service.
8.6. You acknowledge that same day value for any remittance transactions may only be given if the electronic instruction is received by Mukuru Africa by 14:30pm.
8.7. You acknowledge and accept that Mukuru Africa is not liable for errors or delays in the transmission of your electronic instructions, or the misinterpretation upon receipt of such electronic instructions, or for any loss or damage from whatever cause which may arise from Mukuru Africa accepting your electronic instructions unless such loss or damage may arise from the proven unlawful or fraudulent acts of the employees of Mukuru Africa.
8.8. You hereby waive any rights you may have or may obtain against Mukuru Africa arising directly or indirectly from any losses or damages which you may suffer due to Mukuru Africa acting on your electronic instructions and you hereby indemnify Mukuru Africa in respect of any claims, demands or actions made against Mukuru Africa or losses or damages suffered by Mukuru Africa because your electronic instructions were acted upon.
8.9. The limitation of liability and indemnity contained in clauses 8.7 and 8.8 above will remain in full force and effect until cancelled by you in writing.
- COLLECTION OF INFORMATION
9.1. You consent to Mukuru Africa processing your personal information for the purposes of providing the Mukuru Service, including for the verification of your identity.
9.2. You also consent to the use of such personal information for communicating with you, and for statutory, accounting and archival purposes.
- INTELLECTUAL PROPERTY
10.1. 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.
- NO WARRANTY
11.1. Mukuru Africa, 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.
11.2. 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.
- LIMITATION OF LIABILITY
12.1. In no event will Mukuru Africa or any of its Affiliates, their respective licensors, service providers, business partners, employees, agents, officers or directors be liable for damages of any kind, arising out of or in connection with your use, or inability to use, the Mukuru 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.
12.2. Mukuru Africa and its Affiliates, their respective licensors, service providers, business partners, employees, agents, officers and directors, will not be liable for damages of any kind (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of the networks and equipment of such providers.
12.3. Mukuru Africa’s liability to you or any third party, and the liability of their officers, directors, agents and employees in any circumstance is limited to the total Mukuru Service Fee paid by you in relation to the Remittance Transaction giving rise to liability or R1000 (one thousand Rand), whichever is the greater.
12.4. The abovementioned provisions do not affect any liability which cannot be excluded or limited under applicable law.
- COMMENTS AND COMPLAINTS
14.1. If you wish to make a comment or complaint about any aspect of the Mukuru Service, please send your complaint in writing to Mukuru Africa, Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town 7925, or email your complaint to firstname.lastname@example.org.
15.1. Entire Agreement
15.1.2. When you effect Remittance 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.
15.2.2. Except as otherwise required by law, the revised version will be effective at the time of posting to the mukuru.com website.
15.2.3. You are expected to check the Mukuru website from time to time to take notice of any changes Mukuru Africa has made as they are binding on you.
15.3. Applicable Law and Jurisdiction
15.4. No Waiver