1.1. These Terms govern the terms under which you may register for the Service, and access and use (collectively "Use") the App and the Service.
1.2. Use of the Service is conditional on your acceptance of these Terms. If you do not wish to be bound by the Terms, do not access, register with or use the Service.
1.3. In these Terms, the wording "MTN Homeland", "we", "us", and "our" refer to MFS Africa UK Limited, the words "you" and "your" refer to any person who uses the Service, and "parties" refers to you and us.
1.4. These Terms may change from time to time. We reserve the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time. You will be notified of any changes to the Terms by notice at the email address you have provided to us. Any changes to the Terms will be effective from the date they are made and may change the terms on which you previously used the Service.
2.1. "App" means our mobile phone application that provides money transfer services, related information and other services such as airtime top-up and shall, as the context requires, include any website that is developed for the provision of the Services from time to time.
2.2. "Customer Instruction" means your specific instruction to us to transfer value through the Service (e.g. money transfer, airtime top-up or other value transfer service as may be introduced from time to time by us).
2.3. "Destination Account" means the account or method through which a Transaction is delivered and finalised to a Recipient. A Destination Account is denominated in the Receive Currency.
2.4. "Destination Country" means the country in which the Recipient receives a Transaction through the Service.
2.5. "Fee" means the fees applicable to a Transaction including any charges that you may be charged per Transaction. All Fees will be communicated to you through the App.
2.6. "Force Majeure Event" has the meaning given in 12.2.
2.7. "foreign exchange rate" means the foreign exchange rate that we apply to convert the Transaction Amount to Receive Amount.
2.8. "Local Taxes" means any taxes or charges payable in the Destination Country.
2.9. "Malicious Code" means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another.
2.10. "MFS Africa UK" means MFS Africa UK Ltd, together with its employees, directors, affiliates, shareholders, successors, and assigns. MFS Africa UK Ltd is a company registered number 8435446 in England and Wales, with its registered office at Palladium House, 1-4 Argyll Street, London W1F 7LD, United Kingdom. MFS Africa UK Ltd is authorised by the Financial Conduct Authority (FCA) under the Payment Services Regulations 2017 (S.I. 2017/752) (hereinafter called "the Regulations") with Firm Reference Number 612459 for the provision of payment services.
2.11. "Payment Instrument" means a valid instrument of payment such as a bank account, debit/credit card or other authorised store of value and/or method of payment that can be used to fund a Transaction.
2.12. "Prohibited Activities" means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, binary options or gambling services and any other activities that are illegal and/or relate to a payment that if made would offend applicable law in the jurisdiction(s) that govern the Transaction, and any other activities that we may include in these Terms as amended from time to time.
2.13. "Receive Amount" means the amount that is or will be credited to the Destination Account, after any Fees, foreign exchange conversion and/or Local Taxes.
2.14. "Receive Currency" means the currency in which a completed Transaction is delivered to a Recipient.
2.15. "Recipient" means someone who receives a Transaction through the Service.
2.16. "Regulations" have the meaning provided in the definition for MFS Africa UK.
2.17. "Send Currency" means the currency in which a Transaction is originated.
2.18. "Sender" means someone who uses the Service to send a Transaction.
2.19. "Service" means the services which the App enables you to complete from time to time.
2.20. "Service Provider" means a bank, payment processor, mobile money service, money transfer operator, mobile network operator, money exchange house, or other third-party service provider with whom we work or may work to provide the Service.
2.22. "Transaction" means any payment or value transfer transaction that can be made by a Sender for the benefit of a Recipient using the App (whether a money transfer remittance, airtime top-up or other value transfer service as may be introduced from time to time by us).
2.23. "Transaction Amount" means the value of the Transaction in Send Currency that is requested by the Sender, excluding any Fees and prior to any foreign exchange conversion.
2.24. "Transaction reference" means the numeric and/or text based identifier provided to you by us for the purpose of uniquely identifying your Transaction.
3.1. By Using the Service and/or the App you warrant that:
3.1.1. You are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.
3.1.2. You are a legal resident of the European Economic Area comprising Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands,
Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK and that you are willing and able to provide us a verifiable proof of address. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions including the ones identified here.
3.2. By registering with the App and using the Service, you confirm that you reside in one of these countries and for which you are willing and able to provide us a verifiable proof of address. If you reside in any other country apart from the above, we cannot offer you the Service.
4.1. A Customer Instruction constitutes solely an offer by the Customer to Use our Service, which is subject to our discretionary acceptance. Such acceptance will be communicated to you either (i) via e-mail confirming that we are processing your request or (ii) through a confirmation in the App. (hereinafter called the "Confirmation"). A contract between you and us (the "Contract") will only be formed once the Confirmation has been provided to you by us.
4.2. The Contract relates solely to the services that have been confirmed accepted in the Confirmation.
4.3. We reserve the right to refuse to perform any of the Service (including after Confirmation) if:
4.3.1. we are unable to obtain satisfactory evidence of your identity;
4.3.2. you provide us with false, incorrect or incomplete information or we determine that any representation or warranty that you make to us is false;
4.3.3. we are unable to reach you via contact details provided by you;
4.3.4. we determine that your profile is inactive;
4.3.5. your Customer Instruction, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request;
4.3.6. you attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the App or to infect it with any Malicious Code;
4.3.7. you attempt to transfer or charge funds from a Payment Instrument that does not belong to you or from a Payment Instrument that does not have enough available funds or has expired;
4.3.8. we receive conflicting claims regarding ownership of, or the right to use your selected Payment Instrument;
4.3.9. you breach these Terms;
4.3.10. you or the Customer Instruction you placed are in breach of, or attempt to breach, any applicable laws or regulations or are made for a Prohibited Activity;
4.3.11. processing the Service in accordance with your Customer Instruction may expose us to liability;
4.3.12. we are unable to process your Transaction due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;
4.3.13. we have reason to believe that any of the foregoing has occurred or is likely to occur; or
4.3.14. one of our compliance officers has taken a discretionary decision to do so.
4.4. We are not obliged to process any Transaction. When you submit a Customer Instruction, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.
4.5. We may, in our absolute discretion, refuse any Transaction or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of a single or series of registration detail(s) or Payment Instrument(s).
4.6. We shall not be liable for any damages, costs or losses incurred by you or the Recipient or any third party if, as a result of any of the circumstances referred to in clause 4.3, we fail to complete the Transaction in accordance with a Customer Instruction.
5.1. Before your Transaction is complete, you will be provided with:
5.1.1. the Receive Amount that the Recipient will receive;
5.1.2. the maximum total Fee that you will be charged;
5.1.3. an indication of the foreign exchange rate that we will apply to your Transaction.
6.1. You acknowledge that our responsibility and commitment to you ends at the moment of successfully crediting the Receive Amount on the Destination Account as per your Transaction, and that nothing from that point onwards is our responsibility.
6.2. We reserve the right to modify our Fees and exchange rates at any time.
6.3. You acknowledge and agree that additional fees may apply on the Destination Account for services such as cash withdrawal, charged by the Service Provider that offers or manages the Destination Account on behalf of the Recipient.
6.4. We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; IT-system availability; due to variations in business hours and currency availability; or otherwise to comply with applicable law.
7.1. After we process your Transaction we will provide you with information allowing you to identify the Transaction, along with details of the amount of the Transaction, our Fee, the foreign exchange rate applied and the Transaction date. This information is available in the App.
7.2. We will send you emails that help you keep track of your Transaction and its completion status. Depending on the nature of the Transaction and our abilities with regards to the receiving Service Provider, we may send an SMS to the Recipient informing of the Transaction.
7.3. Any delivery times quoted on our service levels on the App or elsewhere are only representative of normal
service and not a guarantee of an individual Service or Transaction time.
8.1. We are required by law to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.
8.2. The documentation we require may change from time to time, or case by case and we reserve the right to require additional documentation, as necessary from a customer at any stage; be it before we approve an account or after the account has been activated. The required documentation is communicated to you through our App and/or email.
10.1. You will not Use or attempt to Use the Service unless you are at least 18 years old, a resident of the European Economic Area, and you have the legal capacity to form a binding legal contract in the relevant jurisdiction.
10.2. You will pay all Fees applicable for the Service in addition to the Transaction Amount. Payment becomes due at the time that you submit your Customer Instruction. If you submit a Customer Instruction that results in us becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees.
10.3. You shall comply with these Terms as well as with any applicable laws, rules and regulations.
10.4. In relation to your registration and use of the Service you will:
10.4.1. provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity and you will promptly update your personal information (e.g. identification, addresses) if and when it changes or when it
changes or expires; 10.4.2. provide details of one or more Payment Instruments;
10.4.3. provide us with true, accurate, current and complete information for all Transactions that you initiate;
10.4.4. supply us with all information and documentation we may ask in order to process your Transaction and to comply with any legal requirements applicable to us or to our Service Providers (including without limitation, the Regulations);
10.4.5. update all information you provide to us to keep it accurate, current, complete and true;
10.4.6. transact only on your own behalf and with a Payment Instrument in your name. You may not submit a Customer Instruction on behalf of another person, or paid for with some body else’s Payment Instrument;
10.4.7. not open more than one account with us;
10.4.8. keep your Transaction reference number secure, you must not share the Transaction reference number or any other transaction details with anybody except the Recipient;
10.4.9. not allow anyone else access to your account, and you shall at all times keep your account details secure;
10.4.10. use the Service to send money only to people that you know personally or to pay for goods and services purchased from suppliers of whom you have sufficient knowledge and whose identity you verified. You acknowledge that we have no control over the suppliers or over the goods and
services for which you use our Service to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.
10.4.11. agree to only act on your own behalf. You may not submit a Transaction on behalf of another person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than an individual person, you must first inform us of your desire to do so and
provide us with any additional information about the entity we may request in order that we may decide whether to permit the Transaction.
10.4.12. not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the App or to infect it with any Malicious Code;
10.4.13. not use an anonymising proxy or any other tool that attempts to make activity untraceable;
10.4.14. not copy or monitor our App using any robot, spider, or other automatic device or manual process, without our prior written permission;
10.4.15. not refuse to provide us with confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation; or
10.4.16. otherwise breach these Terms, or any other agreement between you and us.
10.5. You understand and accept that:
10.5.1. we may be legally obliged to retain information about our users and the transactions that we process for up to 7 (seven) years or as may be required from time to time by applicable law or by any regulatory authorities;
10.5.2. all currency converted as part of the Service will be converted using our foreign exchange rate as presented to you on the App as part of creating your Customer Instruction and before your payment to us;
10.5.3. some countries may impose minimum and maximum thresholds in relation to the amounts that can be sent through our Service; and
10.5.4. you will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you.
10.6. You must contact us as soon as possible if you believe or suspect that a Transaction was not executed properly or that the amount has not been received or was only partly received.
10.7. It is your responsibility to inform the Recipient of the information he/she will need to provide in order to collect the money you transfer through the Service (such as photographic identification, the exact amount of the Transaction Amount and any applicable Transaction reference numbers).
10.8. In using the Service, you will comply with these Terms as well as any applicable laws, rules or regulations. It is a breach of these Terms to use the Service to send money in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organisations. If you use the Service in connection with an illegal activity, we may report you to the appropriate legal authorities.
11.1. We are licensed by the Financial Conduct Authority of the United Kingdom ("FCA") , and subject also to the Regulations which govern the transfer of money to recipients within the European Economic Area (being all members states of the European Union, together with Iceland, Liechtenstein and Norway), where the transfer of funds is carried out in Euros, Sterling or the currency of another EEA state which has not adopted the Euro as its currency. The Regulations regulate payment services, which have an electronic component and place payment services providers into certain categories as well as require certain payment institutions to be authorised by the FCA and to follow conduct of business rules.
11.2. We strive to provide the Service to you using reasonable care. Should you have any concerns, complaints
or queries, we welcome your communications through the in-App contact form.
12.1. We do not accept any liability for damages resulting from non-payment or delay in delivery of a Transaction to a Recipient or failure to perform a Transaction under the Service.
12.2. We shall not be liable for any breach of our obligations under these Terms or our Contract with you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:
12.2.1. an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack,
civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;
12.2.2. the acts, decrees, legislation, regulations or restrictions imposed by any government or state;
12.2.3. the actions or omissions of any third parties;
12.2.4. malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
12.2.5. any losses or delays in transmission of messages arising out of the use of any internet access Service Provider or caused by any browser or other software which is not under our control; or
12.2.6. any Malicious Code interfering with the Service. (each, a "Force Majeure Event").
12.3. Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Terms may be resumed despite the Force Majeure Event.
12.4. It is your responsibility to ensure all the Customer Instruction details are accurate before submission. Once a Customer Instruction has been submitted for processing it is not normally possible to change any of its details. You will be given the opportunity to confirm your Customer Instruction before submission and you must check the details carefully.
12.5. We will have no responsibility for any Fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account.
13.1. To the extent permitted by law, once we have received your Customer Instruction, you do not have the automatic right to cancel or revoke it. Transactions delivered and completed cannot be cancelled, reclaimed or refunded. Our obligation and responsibility to you ends upon successful delivery of the Transaction.
13.2. Notwithstanding the above, we may, in our absolute discretion, and shall if required by law, cancel or attempt to cancel or recall or attempt to recall your Transaction if you have informed us that you wish to revoke it. We cannot guarantee cancellation will be successful.
13.3. Where a cancellation is successful, will aim to refund your money, less any reasonable cancellation, recall or tracing charges and any Fees already charged, within five (5) business days.
13.4. If you wish to exercise your right to cancel, you must submit an in-App request, providing the Transaction reference, the Recipient’s full name and mobile phone number, date of transaction and the transaction amount.
13.5. We reserve the right to cancel and refund the Transaction Amount minus any Fees to you, should:
13.5.1. you send cash-pickup and the Recipient does not collect the money within 6 (six) months after the date it became available for collection;
13.5.2. the Transaction requires a correction that you do not effect for more than 30 (thirty) days after the issuance of the Customer Instruction; or
13.6. If we do not complete your Transaction in accordance with your Customer Instruction within 30 (thirty) days after such Customer Instruction was received, provided that you correctly followed our procedures and complied with these Terms, you may ask for a refund. We will also refund to you any benefit which we receive as a result of any breach by ourselves of our agreement with you.
13.7. Refunds can take up to 7 (seven) working days to be processed.
13.8. We reserve the right not to refund amounts smaller than £3 (three Pound Sterling) or €3 (three Euro) and charge a refund fee of 3 GBP or 3 EUR (according to the Sender Currency) if the refund has been requested by the Customer with no fault of our own.
13.9. Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency. No adjustment will be made for any currency fluctuations that may have occurred in the meanwhile.
14.1. If any loss which you or a Recipient (who is not registered with us) suffers is not covered by a right to payment under UK law, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service charge; and (b) Euro 1000 (one thousand Euro) unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions.
14.2. In no event do we accept responsibility for:
14.2.1. any failure to perform your Customer Instruction as a result of circumstances which could reasonably be considered to be outside our control;
14.2.2. malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
14.2.3. any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control;
14.2.4. errors on the App or with the Service caused by incomplete or incorrect information provided to us by you or a third party;
14.3. You agree to indemnify and hold MFS Africa UK Ltd, our shareholders, subsidiaries, Service Providers, affiliates, officers, directors, employees, agents, independent contractors, advertisers, and co-branders harmless from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this Service and/or activities that occur under your account and/or your violation of these Terms and/or any other violation of the rights of another person or party.
15.1. You acknowledge, agree and enter into these Terms electronically, and that the following categories of information ("Communications") may be provided by electronic means:
15.1.1. these Terms and any amendments, modifications or supplements to it;
15.1.2. your records of Transactions through the Service;
15.1.3. any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
15.1.4. any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service;
15.1.5. any other communication related to the Service or MFS Africa UK.
15.2. The Service does not support the provision of Communications in paper format or any non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information contained in these Terms or using the in-App contact information.
15.3. In order to access and retain Communications, you must have or have access to an active mobile phone number in your name, an Internet browser that supports 128-bit encryption, such as Google Chrome, or such other electronic device that supports your access to the App.
16.1. Either party may terminate these Terms on one day's written notice.
16.2. We may terminate these Terms with immediate effect if:
16.2.1. you become, or are likely to become, insolvent or are declared bankrupt;
16.2.2. you are in breach of any provision of these Terms;
16.2.3. your use of the Service or the App is disruptive to our other customers, or you do anything which, in our opinion, is likely to bring us into disrepute;
16.2.4. you breach or attempt to breach the security of the App (including but not limited to: modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind;
spamming; hacking; falsifying data; introduction of any Malicious Code or testing security in any way); or
16.2.5. in event of any reasonable business imperative that we may have including if required a change of control of MFS Africa UK.
17.1. On termination of these Terms, we will mark your account as closed and you will not be able to log in or otherwise access your account through the App.
17.2. We may be required by law to maintain your records (documents provided and transaction history) for at least 7 (seven) years, meaning that even if you do close your account, we could still maintain a copy of your records for compliance purposes to the authorities.
18.1. We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and under any contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the App).
18.2. We are entitled to perform our obligations to you through subcontractors, agents and other third parties.
18.3. You may only transfer your rights and obligations under the Terms if we have agreed for this in writing in advance.
18.4. Except as provided under these Terms, a person who is not a party to these Terms shall have no rights to enforce the provisions contained here under the Contracts (Rights of Third Parties) Act, 1999.
19.1. This Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
19.2. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
19.3. We may send and receive notifications in relation to Transactions by email, in-App notifications and/or SMS.
19.4. We may modify these Terms from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms at any time by reviewing the App. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and acknowledge that any attempts by you to modify these Terms shall be void. The language of these Terms is English and all services, instructions and transactions carried out in connection with it shall be in English.
19.5. This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.
19.6. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
We value your feedback as it helps us improve our service. Please use the in-App contact form for all
communications with us.
Version date: 24 April 2019