Terms and Conditions

Welcome to the Mama Money money transfer service website (including all applications, web applications, webpages, subdomains and subparts therein contained) (the “Site”). The Site is owned and operated by Mama Money (Pty) Ltd with registration number 2013/022174/07 (“Mama Money”, “we”, “us” and/or “our”). The Site has been created (i) to provide information about Mama Money; and (ii) to provide access to customised low value money transfer services (the “Mama Money Services” or “Services”).

Please read our terms and conditions carefully as the use of our Site is subject to your acceptance of the terms and conditions published on our Site at the time of your use. We may change our terms from time to time and such changes will take effect as and when published on this Site. If you do not accept our terms of use, then please do not make use of our Site or the Mama Money Services.

The Mama Money Services are available to South African users only and may not be used by legal entities or natural persons residing outside of the Republic of South Africa.

No person under the age of 18 years are permitted to use the services of Mama Money. Mama Money Services are only available to persons over 18 years of age.

Registration

You will be required to choose a username (being your telephone number) and password when registering for the Mama Money Services. You will be required to enter your username and password every time you want to make use of the Mama Money Services. You may not reveal your account password(s) to anyone else, nor may you use anyone else’s password. You agree that the information you provide to Mama Money upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

If you have reason to believe that your account is no longer secure (e.g. in the event of a loss, theft or unauthorised disclosure or use of your email address, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Mama Money.

Mama Money only allows persons to register herself / himself in her / his personal capacity. You cannot register or act on behalf or on the authority of someone else.

By furthermore confirming a money order you confirm that the information displayed in your personal my profile tab on the Site is correct.

South African Reserve Bank (“SARB”) Requirements

Mama Money is authorised to conduct the business of a category four authorised dealer in foreign exchange by the SARB and SARB specifically requires that you agree to the following:

Integrated Form:

By agreeing to these terms and conditions and by confirming a money order, you declare that:

You have read these terms and conditions and know and understand the contents thereof;
the information furnished by you is in all respects both true and correct;
the currency applied for will only be used for the specific purpose stated herein;
the documentation presented in support of the application for foreign currency is in all respects authentic;
You have been informed of the limit applicable to the confirmed transaction and confirm that this limit will not be exceeded as a result of the conclusion of the transaction; and
You consent to this information being provided to the South African Revenue Service and/or the Financial Intelligence Centre (“FIC”) and/or the Financial Services Board.

Discretionary Limits:

By agreeing to these terms and conditions you assume responsibility to ensure that you do not surpass your single discretionary allowance for the transfer of funds out of the Republic of South Africa. The single discretionary allowance is an allowance with an overall limit of R1 million per calendar year, which a South African resident over the age of 18 years may avail of.

SARB Balance of Payments Reporting (“BOP”) Reporting:

For every successfully completed money order and corresponding pay-out, Mama Money issues the SARB with a report. This report includes your personal details, the recipient’s personal details, as provided by you and details of the completed transaction (money order, payment, pay-out). Mama Money takes your personal details from the Financial Intelligence Centre Act (“FICA”) documents you submit to us. By submitting the FICA documents and using the Mama Money Services you agree to Mama Money using your personal details for the SARB reporting as prescribed by law.

Mama Money 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 Mama Money has passed on to these institutions or bodies.

You agree that the information you provide to Mama Money for SARB reporting purposes and at all other times will be true, accurate, current, and complete. If we have reason to believe that the information or documents you have provided us with are false and tampered with in any way, we will immediately close your account and notify any relevant authority.

For all customers with a South African ID, the BOP category relevant for the money remittance is 401[Gifts].

For all customers with a Foreign Passport or Asylum document, the BOP categories relevant for the money remittance are 305 [Compensation paid to a migrant worker employee (excluding remittances)], 306 [Compensation paid to a foreign national contract worker employee (excluding remittances)] and 416 [Migrant Worker Remittances].

Upon Mama Money being authorised to conduct the business of a category four authorised dealer in foreign exchange by the SARB, you may be required to choose the most appropriate BOP Category that relates to the money transfer.

For further information, please visit www.resbank.co.za .

Legal Requirements:

Mama Money may disclose your personal data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect and defend the rights or property of Mama Money, (iii) to act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) to protect against legal liability.

FICA Documents

Mama Money collects personal data from you, which you voluntarily provide during the registration process for the Mama Money Services. The collection and storage of these documents (proof of ID, proof of income, proof of residence, proof of selfie, proof of permit) are a legal requirement imposed on Mama Money by the FICA and is in line with Mama Money’s internal rules.

By providing these documents and agreeing to our terms, you are agreeing that (i) Mama Money may share these documents with and the documents may be stored by a third party service provider, to which the FICA checks have been outsourced; and (ii) on request from the FIC, Mama Money has to make these documents available to the FIC with regard to a FICA audit or on any other grounds.

Should such a third party service provider, to which the FICA checks have been outsourced, be domiciled outside of the Republic of South Africa, you herewith provide consent to the transfer of the required documents and information outside of the Republic of South Africa.

You have the right to withdraw your agreement to and consent provided in terms of this section of the terms and conditions, but you will then be required to stop making use of the Mama Money Services. To withdraw your agreement and consent in this regard, you should contact Mama Money at the contact details provided in the PAIA Manual on the Mama Money website, provide Mama Money with a copy of your identity document to confirm your identity and specify in respect of what you wish to withdraw your agreement and/or consent.

Payment

When using the Mama Money Services, you will be required to make payment to Mama Money via an Electronic Fund Transfer (“EFT”) or cash at designated payment points. Mama Money will never ask you for your bank details, as they are strictly confidential.

We do not accept cash deposits at any of our designated banks. If you do make a cash deposit into one of our designated banks, Mama Money will charge a cash deposit fee of up to 2.5% of the deposit amount. This cash deposit fee will be deducted from the deposited funds. The remainder of deposited funds will be utilised to fulfill the money order.

All the necessary information to successfully conclude the EFT is contained in the SMS that you will receive when confirming a money order. You must use your telephone number provided during registration as reference number when making the EFT. If your telephone number changes, please contact us on the WhatsApp number 066 104 1097 immediately to update your information.

Please note that when you register for the Mama Money Services at a Pick n Pay store, you are further limited to making payment for a money order at Pick n Pay stores only.

Mama Money cannot be held responsible for delays or non-fulfillment of a money order if you:

Use a wrong reference number.
Make cash deposits.
Use a wrong account number.
Use a wrong branch code.
Transfer an amount of funds different to the money order created.

All incoming payments must be in South African Rand (ZAR) into the designated bank accounts. We do not accept payment in any other currencies.

By creating a money order, you request a specific amount of money to be paid to your designated recipient, using a specific exchange rate. The exchange rate used by Mama Money is clearly shown in the “create order process” function on the Site. By creating a money order on the Site you agree to the exchange rate provided by Mama Money at that point in time.

Please note that Mama Money will not be obliged to pay out the specific amount to the designated recipient prior to receiving full payment from you of the agreed amount payable in respect of the money order created.

Should we not receive payment as aforementioned, for any reason whatsoever, your money order will expire within the designated time. Should we receive payment following the expiry of the money order, we cannot guarantee the same exchange rate. You will have to create a new money order to match the received payment and a new exchange rate might apply.

Mama Money reserves the right to change the applicable exchange rate at any time.

Mama Money fee

In consideration for providing the Mama Money Services, we charge a fee as clearly shown during the process of creating a money order. The fee is inclusive of VAT. This fee will be deducted from the incoming payment. By confirming the money order, you agree to payment of the relevant Mama Money fee.

Mama Money reserves the right to change the Mama Money fee at any time.

Pay-out

For purposes of these terms and conditions, “pay-out” means the payment and receipt of the amount stipulated by you in the money order, less the Mama Money fee, using the exchange rate as agreed upon in the money order process.

The pay-out option may differ depending on the recipient country or the option selected in the “create money order” process. Please ask the registration officer or view the Site for the available pay-out options.

Mama Money will endeavour to make payment to the designated recipient within 24 hours of having received payment in full of a valid money order. Should Mama Money encounter a technical problem and a pay-out has not occurred within the 24-hour time period, you will be contacted and refunded. The cost to you for a refund is 50 ZAR.

Mama Money relies on implementing partners in the recipient countries to facilitate the pay-outs. Mama Money cannot be held responsible for technical, financial or any other problems experienced by our implementing partners, even if this delays a pay-out or results in a pay-out not taking place. Mama Money will endeavour to assist both you and the designated recipient in communicating with our implementing partners to facilitate the pay-out.

In the event that the cash is not collected by a beneficiary in a recipient country in respect of a cash pick-up transaction within 7 (seven) days from when the pay-out became available for collection, Mama Money will endeavour to contact both you and the recipient to facilitate the pay-out. Should the cash, however, still not have been collected by the beneficiary within 30 (thirty) days from when the pay-out became available for collection, Mama Money will cancel the transaction at the implementing partner level. Once the transaction is cancelled at the implementing partner level, the unclaimed funds will be moved to an unclaimed account for a period of 3 years and, if the funds remain unclaimed, Mama Money will donate the unclaimed funds to a charity or the unclaimed funds will be applied towards a social impact project.

Cancellation of Money Orders

You may cancel a money order at any time on our USSD menu or on the Mama Money web application if we have not yet received payment of the amount stipulated in the money order from you and if a pay-out to the designated recipient has not yet taken place.

If partial or full payment has been received by Mama Money and pay-out to the designated recipient has not yet occurred due to incorrect information supplied by you or due to a cancellation of a money order prior to pay-out, you can contact us on the WhatsApp number 066 104 1097 to request a refund. The cost to you for a refund is 50 ZAR.

Recipients

You will be required to provide us with the following information of your designated recipient: name, address, telephone number, account number, branch codes, sort codes and name of wallet. It is very important that the name and telephone number of the recipient is correct. Mama Money cannot be held responsible for a pay-out going to the wrong person if you have provided us with an incorrect telephone number or account details of the recipient. Once pay-out has taken place, the funds cannot be reversed.

Disclaimer of Warranties and Liabilities

Except as expressly and specifically provided for in these terms and conditions all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and the Services are provided to you on an “as is” basis. Mama Money will endeavour to make pay-outs to the recipient as soon as possible, but we make no representations or warranties regarding the amount of time needed to complete processing because our services are largely dependent upon many factors beyond our control, such as, without being limited to, delays in the banking system and telecommunication systems of mobile telephone networks.

Whilst we will do our best to maintain the operation of our Services, we do not guarantee continuous, uninterrupted or secure access to the Services and operation of the Site and mobile systems may be affected by numerous factors beyond our control. We shall not be liable for any delay or failure in the provision of our Services or the working of our Site and Services where such failure is due to factors beyond our reasonable control, save that we will use reasonable endeavours to fulfil our obligations hereunder.

Mama Money relies on a variety of firms and partners to implement our Services. We shall not be liable for any delay or failure in the provision of our Services due to any delay or failure in the provision our partners’ services or the working of their sites and services. This relates to, among other things, SMS notifications, all banking, financial services, mobile phone network and website services.

Although we at all times attempt to ensure that the details of the Services offered on our Site are displayed and described accurately, we do not warrant same and disclaim to the maximum extent permitted by law any liability arising from any omissions or inaccuracies pertaining to such display and description.

We will not be held liable for any indirect, special or consequential losses of any kind whatsoever arising in connection with any money order (whether in contract, statute or delict) save to the extent that such liability is excluded by law.

You acknowledge that your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Site as soon as we reasonably can.

Privacy policy

Mama Money undertakes to take due care with any information (such as your personal details, proof of identification, proof of income, proof of residence) which you may provide to us when accessing our Site. We, however, do not warrant and cannot guarantee the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our privacy policy .

Storing of your details

For verification purposes we reserve the right to request proof of identification in an off-line format. Your IP address and access times are tracked against your user id for the purpose of preventing fraud and creating an audit trail when sending a payment or logging onto our secure server. A cookie is a small text file that is stored on a user’s computer for record- keeping purposes. We use cookies on the Site and link the information we store in cookies to any personal identification information you submit while on the Site.

Restricted Activities

The following uses of the Site are prohibited:

Using the Mama Money Services while impersonating any person or entity, falsely claiming an affiliation with any person or entity.
Using the Mama Money Services to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature.
Using the Mama Money Services for any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy.
Using the Mama Money Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, recipients, or third parties without their consent.
Using the Site if you are under the age of eighteen (18).
Using the Mama Money Services in order to act as a private banking institution.
Using the Mama Money Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Mama Money Services in an automated manner.
Using Mama Money to intentionally interfere with user’s or recipient’s enjoyment of the Services, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Using Mama Money in any way that assists you in violating any law, statute or ordinance.
Using Mama Money to send or receive what Mama Money reasonably believes to be potentially fraudulent funds.
Using your account or the Mama Money Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Mama Money, a user, a third party or you.
Using your account or the Mama Money Services in a manner that Mama Money or any bank, financial institution or card payment network reasonably believe to be an abuse of the payment card system, a violation of payment card network rules or a violation of any banking rules or laws.
Using the Mama Money services to collect or contribute money for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive.
Using Mama Money to control an account that is linked to another account that has engaged in any of the foregoing activities. Mama Money may use evidence other than your account information to determine whether you control an account in someone else’s name, including but not limited to internet protocol addresses, common business names, phone numbers, and mailing addresses.
Using Mama Money to collect payments that support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs.
Using Mama Money to sell:
- Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.
- Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.
- Items that encourage, promote, facilitate or instruct others to engage in illegal activity.
- Items that promote, support or glorify acts of violence or harm towards self or others.
- Drugs, alcohol or drug paraphernalia.
- Items that are obscene or pornographic.
- Real estate or motor vehicles.
- Live animals

You agree that Mama Money may seize or freeze funds that are reasonably deemed by Mama Money to have resulted from fraud or any prohibited behaviour outlined in this section.

Should any of the terms in this section be breached by you, Mama Money, at its sole discretion reserves the right to remove, without prior notification, any material from the Site or to suspend, alter or terminate your registration and access to the Services.

Intellectual Property

All content, trademarks and data on this Site, including but not limited to software, databases, text, graphics, icons, links, designs and agreements, are the property of or under licence of Mama Money. As such they are protected by local and international legislation and agreements. You may download, view and print content from this Site only for private and non-commercial ends.

Indemnity

You indemnify Mama Money and holds it harmless against any loss, liability, damage or expense suffered or incurred by Mama Money (and all costs reasonably incurred in connection therewith, including legal costs on an attorney and own client scale) which arise out of or are connected in any manner whatsoever with use or misuse of, or access to, the Site, the Services, the content, or otherwise from user content, violation of these terms and conditions, or infringement by the user, or any third party using the user account or identity on the Site, of any intellectual property or other right of any person or entity.

Third party websites

Where links and pointers have been provided by Mama Money to other third party websites, these links are provided without endorsement by Mama Money. Mama Money is not responsible for the content of linked third-party websites and does not make any representations regarding the content and accuracy of materials on such websites. Linking to third party websites is solely at your own risk.

Domicilium and Notices

The Site is governed by the laws of the Republic of South Africa and Mama Money chooses as its dwelling (“domicilium”), for all purposes, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 29 Sir Lowry Road, Woodstock, 7925, Cape Town, South Africa. You agree that Mama Money may provide notice to you by sending it to the email address associated with your registered account.

General

These terms and conditions constitute the entire agreement between you and us in respect of the use of the Site and the Mama Money Services.

By registering for the Mama Money Services you agree to receive communications regarding Mama Money promotions and marketing campaigns. You do, however, have the option to opt-out of receiving these communications on the link provided at the bottom of each communication.