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MPay Service T&Cs

  1. Introduction
    1. Send Money Home (Proprietary) Limited (“Mukuru”) is a private company incorporated in Zimbabwe with registration number 1446/2012, having its registered office at 2nd Floor, Block 2, Tendeseka Office Park, Samora Machel Avenue, Harare, Zimbabwe. Mukuru [holds authorisation to act as a [insert proper license] in Zimbabwe] and operates MPay and MukuruPay, which enables you to pay for products or services offered by Mukuru Partners (“MPay Service”). By using the MPay Service in Zimbabwe, you agree to be bound by these Terms and Applicable Law
    2. The Terms include clauses that limit Mukuru’s liability, allocate risks or liabilities to you, or are acknowledgements of facts by you. It is essential that you carefully review the Terms as they limit your ability to be compensated for any potential losses associated with using the MPay Service.
  2. Definitions:
    1. For the purpose of the Terms, the following words are defined as follows:
      1. “Affiliate” means a holding company or subsidiary of Mukuru, or any subsidiary of a holding company of Mukuru from time to time;
      2. “Applicable Law’” means the laws and regulations of Zimbabwe;
      3. “Mukuru Outlet” means a Mukuru branch, booth, outlet or similar location to pay for the MPay Service, including participating authorised Mukuru partner branches, stores or retail outlets;
      4. “Mukuru Partner” means an entity offering a product or service which can be purchased through the MPay Service;
      5. “Payment” means the monetary cost payable for the MPay Service, which is paid in cash by you at a Mukuru Outlet; and
      6. “Convenience Fee” means the fee payable by you to Mukuru for processing your Payment. 
    2. The terms “you” and “your” refer to the individual reading the Terms who is or will use the MPay Service.
  3. IMPORTANT NOTICES
    1. It is your responsibility to read and understand the terms of any Mukuru Partner products or services and to understand the risks involved in purchasing that product or service. Mukuru is not responsible to you for any product, service or otherwise that is purchased through the MPay Service, whether through your own or a Mukuru Partners action, omission or error. 
    2. Your use of the MPay Service is at your own risk, and we are not responsible for any problems that may occur.
  4. MPay Service Payment
    1. When you make a successful Payment at a Mukuru Outlet and pay the Convenience Fee for the MPay Service, you will receive an SMS of your receipt.
    2. The Mukuru Partner will make the MPay Service available to you after the Convenience Fee and Payment is received.
    3. Mukuru will process your Payment but it may be delayed or cancelled for a number of reasons, including, as a result of non-compliance with Applicable Law or instances outside of Mukuru’s reasonable control.
    4. By using the MPay Service and making a Payment, you agree that:
      1. you have read the Terms, and you understand and agree to them;
      2. all information provided by you to Mukuru whether directly or indirectly is up-to-date, true and correct; and
      3. you consent to the above information being provided to any Zimbabwean regulatory authorities, as may be required.
  5. Convenience Fee
    1. You agree to pay a Convenience Fee per Payment you make for the MPay Service. The payment of the Convenience Fee is due at the time of Payment and may vary depending on the type of MPay Service.
    2. The Convenience Fee is subject to review and can be changed at any time at Mukuru’s sole discretion.
  6. Refunds
    1. In the event that you have made a successful Payment through the MPay Service and it has not been delivered to you timeously, please contact the Mukuru Partner directly to request a refund.
  7. Your electronic SMS receipt
    1. By making a Payment, you agree that Mukuru may send you an electronic message via SMS:
      1. to record that your Payment is processed through the MPay Service;
      2. any disclosures or notices in connection with the MPay Services, including those required by Applicable Law; 
      3. any customer service communication relating to the MPay Service; and
    2. Sending messages through electronic means (like email, instant message, text or social media) is not completely safe or free from mistakes. Mukuru cannot be responsible for any mistakes or delays in sending an electronic message to you unless it is deliberately illegal or fraudulent. 
  8. Termination by Mukuru
    1. Mukuru, in its sole discretion may refuse, suspend or terminate the processing of your Payment, with or without notice to you if:
      1. you breach the Terms; or
      2. your conduct or use of the MPay Service is deemed to be harmful to Mukuru (or any of its Affiliates or any other party), including where Mukuru suspects that you have engaged or are about to engage in fraudulent activity; or
      3. Mukuru believes that your actions may cause Mukuru to suffer financial loss or incur legal liability
  9. Collection of information
    1. You consent to Mukuru processing your personal information for the purpose of providing the MPay Service, including for the verification of your identity. You also consent to the use of such personal information for communicating with you and for statutory, accounting and archival purposes.
    2. You acknowledge that you have read and agreed to be bound by Mukuru’s Privacy Notice found at https://www.mukuru.com/privacy-notice.
  10. Intellectual Property
    1. The MPay Service and all intellectual property incorporated in or related to the MPay Service (including without limitation copyrights, database rights, trademarks and service marks) is owned by or licensed to Mukuru. All right, title and interest in and to such intellectual property shall remain the property of Mukuru (and/or the property of such third-party licensor).
  11. Disclaimers
    1. You acknowledge that Mukuru only facilitates Payments and does not hold any accountability for the quality, dependability, safety, functionality, appropriateness, or other aspects of any product bought or service utilized by you via the MPay Service.
    2. Mukuru does not guarantee that:
      1. the information you get from the MPay Service is correct or complete;
      2. the MPay Service will always work perfectly, be free of errors or meet your needs;
      3. there will not be delays or other issues with the MPay Service, or that you will always be able to use them without interruptions;
      4. there will not be any data loss, mistakes, or problems caused by using the internet or communication systems; and
      5. you will have a trouble-free experience using the MPay Service.
    3. You must be 18 years or older to use the MPay Service and by using it, you confirm your age.
  12. Limitation of Liability
    1. Under no circumstances will Mukuru (or its Affiliates, licensors, service providers, partners, employees, agents, officers, or directors) be held responsible for any damages resulting from your usage or inability to use MPay Service, including any losses or damages resulting from errors when using the MPay Service. 
    2. Mukuru (including its Affiliates, licensors, service providers, business partners, employees, agents, officers, and directors) disclaims all liability for any damages arising from the actions or inactions of other service providers, telecommunications services providers, or due to faults and failures in the networks and equipment of such third parties.
    3. Mukuru’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 MPay Service Fee paid by you in relation to the Payment Instruction giving rise to liability or $3 (three United States Dollars), whichever is greater.
    4. The abovementioned provisions do not affect any liability which cannot be excluded or limited under applicable law.
  13. Compensation
    1. You agree to compensate Mukuru, its Affiliates (including their respective officers, directors, employees, contractors, agents, licensors, and suppliers) for any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (such as reasonable legal fees) that arise from violating these Terms or your usage of the MPay Service beyond what is outlined in these Terms or due to your negligence, fraud, or intentional wrongdoing.
    2. You also agree to completely cover any losses, costs, actions, claims, and liabilities that Mukuru incurs because of your failure to adhere to these Terms or any data that you provide to Mukuru.
  14. Comments and Complaints
    1. If you wish to make a comment or complaint about any aspect of the MPay Service, please send your comment or complaint in writing to Mukuru, 2nd Floor, Block 2, Tendeska Office Park, Samora Machel Avenue, Harare, Zimbabwe, or via email to payment[email protected].
  15. GENERAL
    1. Entire Agreement – The Terms, Mukuru’s Privacy Notice, and your receipt for any Payment make up the sole and entire agreement between you and Mukuru with respect to the MPay Service.
    2. Applicable Law and Jurisdiction – The Terms will be governed by Zimbabwean Law.
    3. No Waiver – The failure of Mukuru to exercise or enforce any terms of these Terms does not mean that Mukuru waives that right.
    4. Severability – If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, Mukuru and you agree that the other provisions of the Terms shall remain in full force and effect.