THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE MUKURU® SERVICE APP

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS AND CONDITIONS AS BY DOWNLOADING AND USING THE APP YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN DO NOT DOWNLOAD OR USE THE APP.

1. Introduction

1.1.
This App is run for Remitix Limited, a private company incorporated under the laws of England with Registration Number 052707834, having its registered office at 12 Old Mills Industrial Estate, Paulton, Bristol, BS39 7SU, England, United Kingdom. It is a regulated Authorised Payment Institution registered with the Financial Conduct Authority in the United Kingdom (Registration Number 576623).
1.2.
The Mukuru® Service was created to assist individuals such as yourself to send money to and receive money from family and friends around the world. It is operated by Remitix Limited in many countries around the world under the trading name of Mukuru® with the assistance of Remitix Affiliates.
1.3.
A Remitix Affiliate is a subsidiary or a holding company of Remitix Limited or any subsidiary of a holding company of Remitix Limited from time to time which is contracted to register new customers as users of the Mukuru® Service and/or create orders for money transfer transactions for senders and/or accept payment in settlement of created orders from senders and/or pay out remittances to recipients on behalf of Remitix Limited.
1.4.
Mukuru Africa (Proprietary) Limited, a private company incorporated under the laws of South Africa with Registration Number: 2013/003424/07, having its main place of business at Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town, 7925, Western Cape, South Africa, is a Remitix Affiliate in South Africa.

2. Availability and registration

2.1.
This Mukuru® App (the "App") is made available to you for your own personal use only and only for the purposes of facilitating your use of the Mukuru® Service.
2.2.
The App is currently only available for use by customers of the Mukuru® Service in South Africa.
2.3.
You will not be able to use the App until you have registered to use the Mukuru® Service with an agent or representative of Remitix Limited/Remitix Affiliate ("Mukuru® Agent") and then been sent a code by SMS or email which allows you to activate the App. You can call the number listed below for the address and hours of nearby locations of Mukuru® Agents. Remitix Limited can, in its sole discretion and at any time, refuse to allow you to register as a user of the Mukuru® Service and/or refuse to allow you to use and/or restrict your use of the App.

3. Applicable terms

3.1.
Your use of the Mukuru® Service is governed by the terms and conditions at https://www.mukuru.com/sa/terms-and-conditions/ (the "Mukuru® Service T&Cs"). These App Terms and Conditions (the "App T&Cs") supplement and amend the Mukuru® Service T&Cs in respect of your use of the App. By downloading the App you agree to comply with each of the Mukuru® Service T&Cs and the App T&Cs.
3.2.
Remitix Limited reserves the right to amend these App T&Cs as and when required. If these App T&Cs are amended, a clear, easily accessible notification of the amendment will be posted on the App. If you continue using the App, you will be bound by any or all amendments made to it.

4. Charges

4.1.
You may be charged by your service provider for downloading and/or accessing the App on your mobile phone, tablet or other handheld device ("Mobile Device") which may include data roaming charges if you do this outside your home country. All these charges are for your account. If you are not the registered account holder linked to your Mobile Device, Remitix Limited will be entitled to assume that you have the permission of the registered account holder to incur these charges.
4.2.
Accessing the App is free of charge, but you will be charged a fee for your use of the Mukuru® Service. You will be notified of the applicable fee when you create an order for a money transfer transaction via the Mukuru® Service.

5. Minimum system requirements

5.1.
The App will only work on compatible Mobile Devices and operating systems and certain functionality will only work if your Mobile Device is connected to the internet. Some features may also only be available with certain operating systems.

6. Your use of the App

6.1.
You must comply with these App T&Cs as these apply to your use of the App and the Mukuru® Service T&Cs apply to your use of the Mukuru® Service that you access and use through the App. Any violation of these App T&Cs or the Mukuru® Service T&Cs may result in the termination or suspension of your access to the App and/or the Mukuru® Service.
6.2.
You may only use the App for your own personal use and not in connection with any commercial endeavours. You must not send it to anyone else or copy or modify any part of it in any way.
6.3.
The Mukuru® Service is not intended to be used by anyone under the age of 18 years old. You can only use the Mukuru® Service if you are above the age of 18 years old.
6.4.
You acknowledge that, in order to ensure compliance with legal obligations, Remitix Limited may be required to review information/content submitted by you to use the Mukuru® Service, to determine whether it is illegal or whether it violates these App T&Cs or the Mukuru® Service T&Cs.
6.5.
You must not use the App for any of the following purposes:
6.5.1.
anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
6.5.2.
anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others which includes any information that you may add or upload to the App;
6.5.3.
interfering in any way with any other user of the App; and/or
6.5.4.
knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
6.6
You must not:
6.6.1.
interfere or attempt to interfere with the proper working of the App or any activities conducted on the App;
6.6.2.
use any device or computer program which is designed primarily to overcome security measures used by the App to protect data, or use any username or password without authority to unlawfully access and use the App and/or to interfere with any data associated with the App;
6.6.3.
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display the underlying software, databases or code for the App, unless you have Remitix Limited's prior written permission;
6.6.4.
impersonate any other person or use a false or unauthorised username or password to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
6.6.5.
attempt to create multiple accounts for the purpose of misleading, abusing or violating the rules of the Mukuru® Service;
6.6.6.
make available or upload content onto the App which is not owned or licensed to you or which you do not have permission to use;
6.6.7.
make use of the App to collect, harvest or otherwise obtain personal information relating to other users; or
6.6.8.
make use of the App to send any form of bulk or unsolicited commercial communications to third parties.
6.7.
You must not use the App in a way that may damage or impair the App, the Mukuru® Service or the underlying systems and security.
6.8.
As the App facilitates money transfers, security is of paramount importance. You must keep your Mobile Device secure and properly close the App after each use. You must ensure that any security details, money transfer and account information and all other information that you provide to Remitix Limited via the App or otherwise is complete, accurate and up to date.
6.9.
By using the App to create orders for money transfer transactions, you declare that:
6.9.1.
all information provided by you to Remitix Limited/Remitix Affiliate is in all respects both true and correct;
6.9.2.
the currency applied for will only be used for the specific purpose stated by you to Remitix Limited/Remitix Affiliate;
6.9.3.
all documentation presented by you to Limited/Remitix Affiliate in all respects authentic; and
6.9.4.
you consent to the information referred to in this paragraph 6.9 being provided to the South African Revenue Service and/or the Financial Intelligence Centre.

7. Intellectual property rights

7.1.
You agree that the App, including but not limited to, the graphics, user interface, editorial content, scripts and software used to operate the App contains proprietary information and material that is owned by Remitix Limited and/or its licensors and is protected by applicable intellectual property and other laws including but not limited to copyright.
7.2.
You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of the App in compliance with these App T&Cs.
7.3.
No portion of the App may be reproduced in any form or by any means, except as expressly permitted in terms of these App T&Cs.
7.4.
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App and the Mukuru® Service in any manner whatsoever and you shall not exploit the App and the Mukuru® Service in any unauthorised way whatsoever, including but not limited to, by burdening network capability.

8. Use of your personal information

8.1.
Your personal information is processed under applicable law and controlled by Remitix Limited. Details of the information collected and how it is used, including where this information is shared with third parties and/or processed, is as set out in the Mukuru® Service T&Cs and Remitix Limited's Privacy Policy.
8.2.
Through your use of the App, Remitix Limited also collects and uses touch ID, stores your username, language selection, country selection and location data and Remitix Limited's use of this personal information is subject to the applicable provisions in the Mukuru® Service T&Cs and Remitix Limited's Privacy Policy.
8.3.
Certain functionality of the App may need to access your Mobile Device and information stored on it so that it works properly. By using the App you consent to this.

9. Accuracy of information

9.1.
While every effort is made to ensure that the information provided on the App is current and accurate, you acknowledge that such information and materials may contain inaccuracies or errors and Remitix Limited expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
9.2.
Neither Remitix Limited nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on or provided by the App for any particular purpose.

10. Security

10.1.
Remitix Limited shall take all reasonable technical and organizational steps to secure the content of the App and your personal information from unauthorised access and/or disclosure. However, Remitix Limited does not make any warranties or representations that content shall be entirely safe or secure.
10.2.
Remitix Limited will make all reasonable attempts to exclude viruses (and similar destructive devices) from the App but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should take appropriate steps in respect of this risk.
10.3.
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the App, whether on purpose or negligently, shall, without any limitation, indemnify and hold Remitix Limited harmless against any and all liabilities, damages, risks and losses that Remitix Limited and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.

11. External links and advertising

11.1.
Wherever the App provides links to other apps, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk. Third party sites will have their own applicable terms and conditions and you are advised to read those before continuing.
11.2.
Wherever third-party advertising or promotional material is displayed on the App, this should not be construed as Remitix Limited/Remitix Affiliate endorsing or creating any relationship between Remitix Limited/Remitix Affiliate and that third party. Reliance on any such material is entirely at your own risk.

12. Competitions

12.1.
If you take part in any competition which is run in or through the App ("Competition"), you agree to be bound by the rules of that competition and any other rules specified by Remitix Limited from time to time (“Competition Rules“) and by the decisions of Remitix Limited/Remitix Affiliate, which are final in all matters relating to the Competition. Remitix Limited/Remitix Affiliate reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

13. Compliance with Section 43(1) of Electronic Communications and Transactions Act (“ECT Act”) 25 of 2002

13.1.
In compliance with section 43(1) of the ECT Act, the following is noted:
13.1.1.
Full name: Remitix Limited
13.1.2.
Registration number: 052707834
13.1.3.
Place of registration: England
13.1.4.
Physical address: 12 Old Mills Industrial Estate, Paulton, Bristol, BS39 7SU, England, United Kingdom
13.1.5.
Telephone number: +44 20 7183 0052 (UK), +27 87 807 8310 (SA)
13.1.6.
Website address: www.mukuru.com
13.1.7.
Email address: legal@mukuru.com
13.1.8.
Office bearers: Andy Jury – Chief Executive Officer, Dougal Bennett – Chief Financial Officer
13.1.9.
12 Old Mills Industrial Estate, Paulton, Bristol, BS39 7SU, England, United Kingdom. With a copy sent to: Unit 101, Building 20, Waverley Business Park, Wyecroft Road, Mowbray, Cape Town, 7925, Western Cape, South Africa
13.1.10.
Installation of the App is free
13.1.11.
Immediate delivery to user's mobile device
13.1.12.
https://www.mukuru.com/sa/terms-and-conditions/
13.1.13.
A link to the user's Mukuru Account can be accessed via the App
13.1.14.
The user is authenticated and registered on Remitix Limited's database when installing the App by means of an SMS Personal Identification Number (PIN) code upon providing his/her mobile phone number
13.1.15.
https://www.mukuru.com/sa/privacy-policy/
13.1.16.
Until termination by Remitix Limited or the user

14. Remitix Limited's responsibilities

14.1.
While Remitix Limited will endeavour to ensure that the App is normally available 24 hours a day, Remitix Limited shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond the control of Remitix Limited or if Remitix Limited deems it necessary. For the avoidance of doubt, Remitix Limited shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App.
14.2.
The App, including all content on or available through the App, is provided on an ‘as is' basis and Remitix Limited does not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, Remitix Limited does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App. The content of the App is not intended as advice and should not be relied upon.
14.3.
Remitix Limited does not accept any responsibility to you for:
14.3.1.
malfunctions in communications facilities which cannot reasonably be considered to be under the control of Remitix Limited and that may affect the accuracy or timeliness of messages you send or the material you access via the App;
14.3.2.
any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under the control of Remitix Limited;
14.3.3.
viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
14.3.4.
any unauthorised use or interception of any message or information before it reaches the App or Remitix Limited's servers from the App;
14.3.5.
any unauthorised use of or access to data relating to you or your money transfer transactions which is held by Remitix Limited (unless such use or access is caused by Remitix Limited's negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by applicable law;
14.3.6.
any content provided by third parties.

15. Limitations of liability

15.1.
There are provisions on liability in the Mukuru® Service T&Cs that also apply in connection with these App T&Cs and your use of the App.
15.2.
In addition, Remitix Limited and its group companies and its and their officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
15.2.1.
the App and your use, delay in use or inability to use the App or if it does not work as you expect or would like or if it contains any defects or errors and whether or not any of those defects or errors are corrected;
15.2.2.
your access to and use of any material on the App or material linked to or referred to on the App; and/or
15.2.3.
any loss or damage to your Mobile Device or any other hardware or software you use in connection with the App, including in connection with any viruses that may affect the same on account of your downloading and use of the App.
15.3.
You acknowledge that use of the App is dependent on third parties, including your own network providers, and that Remitix Limited is not liable for any acts or omissions of those third parties.
15.4.
If Remitix Limited or any of its group companies or its or their officers, directors, employees, shareholders or agents do have any liability to you for any kind of loss or damage for any reason under or in connection with these App T&Cs and/or the Mukuru® Service T&Cs, you agree that you shall not recover more than once for that same loss and/or damage regardless of whether your claim(s) are made under or in connection with any or both of these App T&Cs and/or the Mukuru® Service T&Cs.
15.5.
Nothing in these App T&Cs shall exclude any party's liability for:
15.5.1.
fraudulent misrepresentation; and/or
15.5.2.
anything else that cannot be excluded or limited by Remitix Limited under any applicable law.
15.6.
You shall indemnify Remitix Limited (and you shall keep Remitix Limited indemnified) and hold Remitix Limited and its directors, officers, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by Remitix Limited resulting from your breach of these App T&Cs.

16. Termination and suspension

16.1.
Remitix Limited may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these App T&Cs, will end and you must stop using the App and delete it from your Mobile Device.

17. Severability

17.1.
If any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

18. Law and jurisdiction

18.1.
These App T&Cs and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the law of England and the parties agree that the courts of London, England, will have exclusive jurisdiction to settle any such disputes or claims.

19. Contact details

19.1.
Contact details for any purposes related to these App T&Cs:
19.1.1.
E-mail: info@mukuru.com; and
19.1.2.
Phone: +44 20 7183 0052 (UK) or 27 87 807 8310 (SA).
© Copyright 2013 Mukuru Africa (PTY) Ltd. All rights reserved.