TERMS OF USE OF BUREAU DE CHANGE (ZIMBABWE)

  • INTRODUCTION
  1. Send Money Home (Private) Limited (“Send Money Home”) is a private company incorporated under the laws of Zimbabwe with Registration Number 1446/2012 and is authorised to operate a remittance business and bureaux de change in terms of the Authorised Dealer in Foreign Exchange with Limited Authority (ADLA) licence granted to Send Money Home by the Reserve Bank of Zimbabwe.
  2. Send Money Home operates its bureaux de change in Zimbabwe subject to these Terms of Use and all applicable legislation and relevant regulation including all exchange control directives issued by the Reserve Bank of Zimbabwe from time to time. 
  3. These Terms of Use govern the terms under which Send Money Home operates its bureaux de change and you are encouraged to read these Terms of Use carefully because, by processing a Foreign Exchange Transaction through Send Money Home Bureau de Change, you agree to be bound by and comply with these Terms of Use. 
  4. For the purpose of these Terms of Use:
    1. “Foreign Currency” means the lawful currency of any country other than Zimbabwe;
    2. “Foreign Exchange Transaction” means a transaction which involves the conversion of currency of one country with that of another;
    3. “KYC” and “Know your Customer” is the process of a business verifying the identity of its clients and assessing their suitability, along with the potential risks of illegal intentions towards the business relationship; 
    4. “Trade Date” means the date on which a Foreign Exchange Transaction is concluded; and
    5. “Value Date” means the agreed date of settlement of a Foreign Exchange Transaction provided that if any such Value Date occurs on a day other than a business day then the Value Date for such Foreign Exchange Transaction shall be the next business day.
  • IMPORTANT NOTICES
  1. These Terms of Use contain specific provisions which limit the liability of Send Money Home, 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 a Send Money Home Bureau De Change.
  2. Only persons who are 18 years or older may perform Foreign Exchange Transactions at a Send Money Home Bureau De Change.  By performing a Foreign Exchange Transaction at a Send Money Home Bureau de Change, you represent and warrant that you are 18 years or older and of legal age to form a binding agreement with Send Money Home.
  3. If 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 Send Money Home you must treat such information as confidential, and you must not disclose it to any third party. 

You agree to immediately notify Send Money Home 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. 

Send Money Home reserves the right to disable any user name, password or PIN, whether chosen by you or provided by Send Money Home, in its sole discretion, for any or no reason, including if, in Send Money Home’s opinion, you have failed to comply with any provision of these Terms of Use.

  • LEGAL REQUIREMENTS
  1. You must only place orders for Foreign Exchange Transactions for legitimate purposes which comply with all applicable laws, rules and regulations in Zimbabwe.  
  2. Send Money Home reserves the right to refuse orders for any reason at its discretion.
  3. Declaration
    1. By placing an order for a Foreign Exchange Transaction at a Send Money Home Bureau de Change, 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 Send Money Home whether directly or indirectly is true and correct in all respects;
      3. you have been informed of any limits which may be applicable to the Foreign Exchange Transaction and you confirm that any such limit, if applicable, will not be exceeded as a result of the conclusion of such Foreign Exchange Transaction; and
      4. you are not ordering foreign exchange for illegal purposes.
    2. KYC 
      1. You may 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 the Bank Use Promotion and Suppression of Money Laundering Act [Chapter 24:24] and Send Money Home’s internal KYC policy.  All documents confirming such personal data are referred to as KYC documents.  
      2. Send Money Home will require an enhanced due diligence (recording your identity number and proof of identity) to be carried out on any Foreign Exchange Transaction valued at the equivalent of USD 10,000 (ten thousand United States Dollars) or higher in line with Section 15(b) of the Money Laundering and Proceeds of Crime Act, Chapter 9:24.
      3. You agree that all personal data, information and documentation which you provide to Send Money Home, whether directly or indirectly, at all times will be true, accurate, current, and complete. By accepting these Terms of Use, you authorise Send Money Home to make any enquiries considered necessary to validate the personal data, information and documentation that you have provided. 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, Send Money Home has reason to believe that the information or documentation provided is false or altered in any way, your right to perform Foreign Exchange Transactions at a Send Money Home Bureau de Change will cease immediately and the relevant authority notified.
      4. You acknowledge that the Financial Intelligence Unit may, at any time, request your personal data, information and documentation from Send Money Home in respect of an audit or on any other grounds and that Send Money Home is obliged to and will provide the Financial Intelligence Unit with such personal data, information and documentation upon request.
    3. Reporting to Reserve Bank of Zimbabwe
      1. Every Foreign Exchange Transaction processed by Send Money Home at its Bureaux de Change must be reported to the Reserve Bank of Zimbabwe.
      2. When compiling the report, your personal details are obtained from the KYC documents submitted upon registration.
      3. By submitting your KYC documents to Send Money Home, you agree to allow Send Money Home to use your personal details as reflected on the KYC documents when submitting the prescribed reports to Reserve Bank of Zimbabwe.
      4. Send Money Home 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.
      5. For further information, please visit www.rbz.co.zw/.
    4. Disclosure of Personal Information 
      1. Send Money Home may disclose your personal information if required to do so by:
        1. 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:
          1. comply with a legal obligation;
          2. protect and defend Send Money Home’s rights or property;
          3. act in urgent circumstances to protect the personal safety of the public; or 
          4. protect against legal liability; or
        2. third party companies or entities with which Send Money Home contracts, whether directly or indirectly, to act as a bureau de change where such companies or entities require access to your personal information to perform their own regulatory functions and not for any other purposes.
  • FOREIGN EXCHANGE TRANSACTIONS PURSUANT TO EXCHANGE CONTROL CIRCULAR DATED 24 JULY 2019
  1. Treatment of Foreign Exchange Transactions by Individuals, International Organisations, Non-Governmental Organisations and Embassies by Banks and Bureaux De Change
    1. Preservation of the value of free funds
      1. In accordance with the Exchange Control Circular no. 8 of 2019 issued in terms of the Exchange Control Regulations Statutory Instrument 109 of 1996 on 24 July 2019 (“ExCon Circular”), Foreign Currency received by individuals, international organisations, non-governmental organisations and embassies shall be regarded as free funds for exchange control purposes.
      2. Free funds will continue to be received and retained in designated Nostro FCAs.
      3. Free funds may be used for the settlement of foreign transactions for the procurement of goods and/or services.
      4. Free funds from international organisations, non-governmental organisations and embassies may also be used through Nostro FCA transfers for the settlement of local contracts.
    2. Payment of salaries for employees
      1. The salaries of the employees of international organisations, non-governmental organisations and embassies shall continue to be freely transferable into individual Nostro FCAs at the discretion of the international organisation, non-governmental organisation or embassy provided that when an employee of an international organisation, non-governmental organisation or embassy intends to transact on the domestic market, the Foreign Currency must be converted into local currency through a bank or bureau de change.
    3. Administration of humanitarian cash transfer programmes
      1. International organisations and non-governmental organisations are encouraged to convert their foreign currency earmarked for humanitarian programmes to local currency though local banks or bureaux de change.
      2. In cases where the cash transfers are paid in foreign currency to the final beneficiary, the final beneficiary must convert the foreign currency cash to local currency at a bank or bureau de change for day-to-day domestic transactions.
    4. Transfer of grants and donations
      1. The transfer of assistance funds such as grants and donations will continue to be permitted through Nostro FCA (Domestic).
      2. When the recipient of the grant or donation intends to transact on the domestic market, the foreign currency must be converted into local currency through a bank or bureau de change.
    5. Administration of bulk local currency cash requirements
      1. Requests for access to bulk local currency (ZWL$) in cash by humanitarian organisations must be directed to the Reserve Bank where banks are unable to meet the requirements of the humanitarian organisation.
      2. The transaction exchange rate shall be guided by the Willing Seller/Willing Buyer principle which is prevailing at the interbank market.
    6. Charging of visa fees by embassies
      1. In terms of Article 31 of the Vienna Convention on Diplomatic Relations (1961), diplomats have exemptions from civil and administrative regulations of the receiving state.
      2. Diplomatic Missions (Embassies) are allowed to continue to charge for their services (such as visa processing fees) in foreign currency and such fees are freely remittable to their home countries.
  2. Business to Person Transactions 
    1. Pursuant to the ExCon Circular, Send Money Home is authorised to perform person to person transfers and business to person transfers (namely to receive and pay out international remittances sent by international organisations and non-governmental organisations who send salaries, pensions, donations, gifts, prize money, relief aid and corporate social responsibility contributions).  
    2. Business to person transfers are restricted to inward transactions only.
    3. The business to person transfer must not be used to transmit export proceeds, loan proceeds, income receipts (excluding salaries) or capital flows.  
    4. The reason for the transfer must be declared clearly on the receipt form.
  3. Selling of Foreign Currency for Tuition, Medical and Subscription Fees
    1. Pursuant to the ExCon circular, Send Money Home may sell foreign currency to individuals for the purpose of funding foreign tuition fees, medical expenses and foreign subscriptions.
    2. The sale of foreign currency for these purposes shall be conducted on the Willing Seller/Willing Buyer principle (namely an entirely voluntary transaction between a seller and a buyer).
    3. Foreign currency must only be sold to individuals who submit the documents required in terms of the table below:
Transaction TypeSupporting Documents
External tertiary education and living expensesLetter from the foreign tertiary institution confirming the enrolment Current invoice or statement from foreign tertiary institution showing banking details Banking details of student in cases of education allowance
Foreign medical expensesReferral letter from a local specialist Pro-forma invoice from external service provider showing banking details Travel itinerary
Air tickets from international airlinesCopy of air ticket where issued in advance Invoice showing bank account details of travel agent or airline Travel itinerary
    1. Upon the conclusion of a transaction listed above with an individual, Send Money Home will instruct the bank with which it holds a Nostro FCA (Domestic) to effect payment directly to the external beneficiary or service provider.  No foreign currency cash will be issued to an individual under this category.
Transaction TypeRequired Documents
Business Travel AllowanceInvitation from an external party, where applicable In cases of workshops, conferences or seminars, relevant documents from the hosts should be provided Travel itinerary Valid passport
Holiday/Personal Travel Allowance Copy of air ticket, where applicable Valid passport
Medical Travel AllowanceReferral letter from a local specialist Pro forma invoice from external service provider showing bank account details Travel itinerary Valid passport
    1. When Send Money Home provides cash to an individual for purposes of business, holiday and medical travel allowance, it will capture the passport number of the individual on both the receipt and in its transaction processing system to ensure compliance with the limits imposed.
    1. Send Money Home reserves the right, in its sole discretion, to: 
      1. reject a proposed Foreign Exchange Transaction; 
      2. limit the amount of a Foreign Exchange Transaction; 
      3. require additional information to complete a Foreign Exchange Transaction; and/or 
      4. take reasonable measures with respect to a Foreign Exchange Transaction in an effort to comply with applicable laws and regulations. 
  • FRAUD/BREACH
  1. Send Money Home may suspend or terminate your right to process Foreign Exchange Transactions at a Send Money Home Bureau de Change 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 Foreign Exchange Transactions. 
  2. In addition to the conduct stipulated in 5.1 above, Send Money Home may limit your activity, immediately issue a warning, suspend or terminate your right to process Foreign Exchange Transactions at a Send Money Home Bureau de Change without notice if:
    1. despite its reasonable endeavours, Send Money Home is unable to verify or authenticate any information you have provided; or 
    2. Send Money Home believes that your actions may cause Send Money Home to suffer financial loss or incur legal liability.
  • CERTIFICATE OF INDEBTEDNESS
  1. A certificate signed by a director of Send Money Home (whose appointment and designation need not be proved) as to your indebtedness to Send Money Home in terms of any Foreign Exchange Transaction for the purpose of any application or action, judgement or order or for any other purpose whatsoever.
  • ELECTRONIC COMMUNICATIONS
  1. You acknowledge that:
    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;
    2. there are risks implicit in transmitting communications electronically including the risk that the electronic message received by Send Money Home 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
    3. it is not practical for Send Money Home to establish the authenticity of all electronic messages which purport to have been sent by you.
  2. Notwithstanding 7.1 above, you hereby irrevocably and unconditionally authorise Send Money Home to:
    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
    2. act upon such electronic instructions.
  3. You agree that the following categories of information (“Communications”) may be provided by electronic means to you:
    1. these Terms of Use and any amendments, modifications or additions to these Terms of Use; and
    2. the record of your Foreign Exchange Transactions which have been processed at a Send Money Home Bureau de Change.
  4. You undertake to implement and adhere to any procedures and/or restrictions imposed on you by Send Money Home from time to time regarding the sending of electronic instructions to Send Money Home.
    1. You acknowledge that Send Money Home is not obliged to act on your electronic instructions.
    2. You acknowledge and accept that Send Money Home 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 Send Money Home accepting your electronic instructions unless such loss or damage may arise from the proven unlawful or fraudulent acts of the employees of Send Money Home.
    3. You hereby waive any rights you may have or may obtain against Send Money Home arising directly or indirectly from any losses or damages which you may suffer due to Send Money Home acting on your electronic instructions and you hereby indemnify Send Money Home in respect of any claims, demands or actions made against Send Money Home or losses or damages suffered by Send Money Home because your electronic instructions were acted upon.
    4. The limitation of liability and indemnity contained in clauses 6.7 and 6.8 above will remain in full force and effect until cancelled by you in writing.
  • COLLECTION OF INFORMATION
  1. You consent to Send Money Home processing your personal information for the purposes of processing your Foreign Exchange Transactions, 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 agreed to be bound by Send Money Home’s Privacy Policy. 
  • INTELLECTUAL PROPERTY
  1. All intellectual property incorporated in or related to the processing of Foreign Exchange Transactions under these Terms of Use (including without limitation copyrights, patents, database rights, trademarks and service marks) is owned by or licensed to Send Money Home. All rights, title and interest in and to such intellectual property shall remain the property of Send Money Home and/or the property of such third- party licensor.
  • NO WARRANTY
  1. The processing of Foreign Exchange Transactions by Send Money Home is provided “as is” and as and when available and, to the extent permissible by law, Send Money Home 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
  1. In no event will Send Money Home, 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 the processing of your Foreign Exchange Transactions 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. Send Money Home, its 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.
  3. Send Money Home’s liability to you or any third party, and the liability of its officers, directors, agents and employees in any circumstance is limited to the total fee paid by you in relation to Send Money Home processing your Foreign Exchange Transaction giving rise to liability or USD 75 (seventy-five United States Dollars), whichever is the greater.
  4. The abovementioned provisions do not affect any liability which cannot be excluded or limited under applicable law.
  • INDEMNITY
  1. You agree to defend, indemnify and hold harmless Send Money Home, its 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 negligence, fraud or wilful misconduct.
  2. You agree to fully reimburse Send Money Home in respect of all losses, costs, actions, claims, and liabilities incurred by Send Money Home as a result of any breach or non-observance by you of these Terms of Use or any data submitted by you to Send Money Home.
  • COMMENTS AND COMPLAINTS
  1. If you wish to make a comment or complaint about any aspect of the service rendered to you in relation to the processing of your Foreign Exchange Transactions, please send your complaint in writing to Send Money Home, 2nd Floor, Block 2 Tendeseka Office Park, Samora Machel Avenue, Eastlea, Harare, Zimbabwe, or email your complaint to [email protected]. 
  • GENERAL
  1. Entire Agreement
    1. These Terms of Use, Send Money Home’s Privacy Policy, and your receipt for any Foreign Exchange Transactions constitute the sole and entire agreement between you and Send Money Home with respect to all Foreign Exchange Transactions.  
    2. When you effect Foreign Exchange Transactions through Send Money Home any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Send Money Home’s foreign exchange services are superseded.
  2. Changes to Terms of Use
    1. Send Money Home may revise and update these Terms of Use from time to time in its sole discretion by posting a revised version on this website. 
    2. Except as otherwise required by law, the revised version will be effective at the time of posting to this website. 
    3. You are expected to check this website from time to time to take notice of any changes Send Money Home has made as they are binding on you. 
    4. You may terminate your use of the Send Money Home’s foreign exchange services if you do not agree with any changes made to these Terms of Use.
    5. Your continued use of Send Money Home’s foreign exchange services following the posting of revised Terms of Use means that you accept and agree to the changes.
  3. Applicable Law and Jurisdiction
    1. These Terms of Use will be governed by Zimbabwean Law and Send Money Home and you will submit to the exclusive jurisdiction of the relevant Magistrate’s Court.
  4. No Waiver
    1. The failure of Send Money Home to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
  5. Severability
    1. If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, Send Money Home, Remitix Affiliate and you nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of these Terms of Use as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.