Terms and conditions
These Terms and Conditions set out your legal rights and obligations in using the Afrisend Money Transfer Service. We recommend you read these carefully.
1.1. These Terms and Conditions ("Terms and Conditions") govern the terms under which you can use:
•Our Money Transfer services;
•Any other service provided by Afrisend.
1.2. By accessing, registering with or using any of the Services (defined below) in any capacity, you acknowledge that you accept and agree to be bound by the terms of these Terms and Conditions.
1.3. The language of the Terms and Conditions, and all services, instructions and transactions carried out in connection with it will be in English.
1.4. In these Terms and Conditions, the terms "Afrisend", "we", "us" and "our" refer to Afrisend Money Transfer Ltd, together with its employees,directors, successors, and assigns. Afrisend Money Transfer Ltd is a company registered in Kenya, with its registered office at 3rd Floor, Mayfair Business Centre. Afrisend is authorised and regulated by the Central Bank of Kenya. Its regulated activities include providing payment services and issuing electronic money.
1.5. The terms "you" and "your" refer to you, the person who has registered to use some or all of the services described in the Agreement. 1.6. This Agreement will be treated as coming into effect on the date you register
2.1. Types of Communications:
You understand and agree that we may provide you with any or all of the following types of communications (collectively, “Communications”) electronically: -
(i)Legally required disclosures, notices and other communications associated with your access to or use of the Services, including but not limited to information about fees or charges, and any and all legally required pre- and post-transaction disclosures.
(ii)Statements, information and records regarding your Transactions
(iii) Customer services communications
(iv) Privacy policies and notices
(v) Changes to these Terms and Conditions
(vi) Any other communications related to your access to and/or use of the Services; and
(vii) With your consent, marketing and other promotional communications.
2.2. Method of Communication:
All Communications that we provide to you in electronic form will be provided either by e-mail or to the extent permitted by law, on our Website or via SMS text message. You agree to promptly review all Communications sent to you, and that these are reasonable procedures for sending and receiving electronic communications.
2.3. Format Of Communication:
All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Agreement and any other Communication that is important to you.
2.4. Update your Records:
To receive electronic Communications, at the time that you first use the Services, you must provide us with a true, accurate and complete e-mail address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your e-mail address) through the Website.
2.5. How to Withdraw Consent:
You may withdraw your consent to receive Communications in electronic form at any time by writing to us on firstname.lastname@example.org . Any withdrawal of your consent to receive electronic Communications will be effective only after we have received your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. Withdrawing consent to receive marketing communications only does not preclude use of the Services.
If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access the record.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
3.1. Description of the Services:
The Services provide you with the ability to conduct an online transaction in which you, as Sender, send a designated amount of funds (the “Transaction Amount”) through Afrisend (involving in some instances, its Agents) to a designated recipient (“the Receiver”). In connection with the Services, Afrisend enables you to transfer funds to a Receiver located in a foreign country. In this case, the Receiver may either be (a) an individual; or (b) the issuer of a bank account or mobile wallet account (each, an Issuer) where the purpose of the Transaction is to have the issuer deposit the Transaction Amount to the designated bank account or load the Transaction Amount to the designated prepaid card or mobile wallet account, as applicable.
3.2. Service Availability Limited in Certain Jurisdictions:
(i)You may not be able to use the Services, or some aspects of the Services, if you are located in certain regions, countries, or jurisdictions. Additional information regarding the services may be available on our Website or by asking an Agent.
(ii)The Services, the underlying Transaction and certain aspects of the Services and Transaction (including, but not limited to, Agent hours, Agent access, currencies held by agent and the Transaction Amount) may, as applicable be delayed, restricted, forfeited or ultimately unavailable due to certain laws and regulations governing our Services as well as certain circumstances and conditions associated with your use of the Services.
(iii) We will report the Transaction Amount and other information relating to you and/or the use of the Services. to the appropriate legal or regulatory authorities, governing bodies or entities when necessary or appropriate pursuant to the laws and regulations governing our Services.
4.1. In order to use the Services,you must :
(i)be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity).
(ii)have a valid user account on the Website (“User Account”).
4.2. User Accounts are created through our Website. When registering for and using the User Account, you must:
(i)provide us with true, accurate, current and complete evidence of your identity. (ii)provide us with any identity documentation as may be requested by us
4.3. You agree that by submitting information, or by initiating any Transaction or otherwise accessing or using the Services, you are representing that all of theinformation you have provided, or which is currently in your User Account is complete and accurate in all respects.
4.4. Afrisend is entitled to rely on any information you provide and you understand that it is your responsibility to promptly update your information with us. For example, if your email address or other information contained in your User Account has changed you must promptly update it. You may update your User Account by following the instructions on our Website.
4.5. Your password is highly confidential and should not be shared with any other party. You agree to assume the entire responsibility at all times for the supervision, management, control and confidentiality of your User ID and password. You agree that, to the extent permissible by law, you assume the entire risk for all use, including fraudulent or unintentional use, of your User ID and password and that neither Afrisend nor any Service Providers shall have the responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your User ID and password to any other person or if your User Account is otherwise compromised.
4.6. If you believe that your email or password has been lost, stolen or otherwise compromised, contact us immediately by email through email@example.com or on customer care telephone numbers listed on our website.
4.7. By creating an account or using our Service, you agree to: •provide confirmation of any confirmation of any information you provide to us, including proof of identity.
•cooperate in any investigation that we reasonably carry out, or that is carried out by law enforcement agencies, government agencies or regulatory authorities.
•not to use any anonymizing proxy (a tool that attempts to make activity untraceable); and
•not to copy or monitor our Website using any robot, spider or other automatic device or manual process, without our prior written permission.
4.8. You may deactivate your User Account, by sending us an email on firstname.lastname@example.org. If we suspend or deactivate your User Account for any reason, we may in your sole discretion, cancel your pending Transaction requests. Please note that if your User Account is deactivated for any reason, you will not be able to use the Services until you have obtained a new User Account.
5.1. Initiating a Transaction
(i) To initiate a Transaction, you must enter the name of the Receiver, the desired transfer amount and such other information as may be required.
(ii) We reserve the right to impose restrictions on each Transaction Amount. Any such limitation and/or other applicable restrictions on the Transfer will be posted on the Website or disclosed at the time you initiate a Transaction.
(iii) All fees to be imposed by Afrisend for the transaction (each, a “Transaction Fee”), all taxes collected by us and charged to you or as part of the Transaction (“Transaction Taxes”) and all applicable third party fees (“Other Fees”) that are required to be disclosed by us shall be identified on the applicable transaction notices or disclosures generated with your Transaction.
(iv) In some instances, it may be possible that other taxes or costs may apply to the Transaction that are not imposed by Afrisend or paid through Afrisend which may not be reflected in any pre-payment disclosure or on the Receipt for your Transaction.
(v)Transactions which exceed applicable limits, implicate any legal, compliance or other regulatory issues; or are sent through delayed delivery options may take longer than anticipated for delivery, may be subject to limitations on amount or may be subject to additional restrictions which may affect the ability for the Transaction to be disbursed.
(vi) We reserve the right to refuse a Transaction or restrict the funds of a Transaction from being collected by the Receiver if we reasonably believe that: (a) doing so might be prohibited by law, regulation, code or other duty or requirement applicable to Afrisend or any Agent or Service Provider;
(b) doing so may expose Afrisend, any Agent or Service Provider to action from any government or regulatory body; or
(c) it may be connected to fraudulent or illegal activities. In certain circumstances legal or regulatory requirements may prevent us from being able to share with you the specific reason(s) why we are unable to send your requested Transaction. (vii) A Transaction made in conjunction with an initial application for a User Account will be delayed until your identity and funding information has been fully confirmed by Afrisend.
(viii) For each Transaction you initiate, you authorise Afrisend (or any party authorized by Afrisend) to debit or charge, as applicable, your account for the Transaction Amount, plus any applicable fees, including the Transaction Fee, and charges.
(ix) Afrisend shall have no obligation to effect a Transaction unless sufficient funds or credit are available in your account, and neither Afrisend nor any Service Provider shall have any liability if a Transfer is not effected as a result of the unavailability of sufficient funds or credit.
(x)You are responsible to Afrisend if Afrisend completes a Transaction you request and, for any reason, Afrisend is unable to collect the funds from your account or the Transaction is later reversed.
(xi) Following your initiation of and payment for the Transaction, we will provide you with a post-transaction Communication ("Receipt") which will serve as your record of the Transaction. Please retain the Receipt for your records by printing a copy or saving it to your local hard drive. Additionally, records of all Transactions that you initiate will be posted and updated in your User Account, which may be accessed through the Website using your User ID and Password.
(xii) You agree to regularly check for information related to Transactions through your User Account on our Website, and you agree to contact us immediately if you have any questions or issues regarding any Transactions made through the Services.
5.2. Receiving a Transfer
(i)All Transactions sent to an Issuer for purposes of depositing funds to a bank account will be deposited or credited, as applicable, in accordance with the policies of the relevant Issuer, Biller or Carrier.
(ii)Receivers may receive the Transaction amount at an Afrisend Location in the expected destination designated by you at the time you initiate the Transaction.
(iii)The disbursement of the Transaction amount will generally occur in the form of cash, cheque, direct bank deposit, or a combination of these payout methods (each, a “Payout Method”).
(iv)Under certain circumstances, the Receiver may request or accept a Payout Method that differs from the Payout Method you have selected and you authorize Afrisend to honor the Receiver's election or acceptance at Afrisend’s discretion.
(v)You will receive a reference number that corresponds to your Transaction (“Reference Number”). Have your designated Receiver provide such Reference Number to receive the Transaction. We reserve the right to require, and may be legally required to obtain, documentation or information that will help us to identify your designated Receiver in connection with any purchase and/or use of our Services (“ID”).
(vi)You agree to take actions reasonably necessary to ensure that such details are not disclosed to any other individuals.
(vii)Afrisend’s obligations to you shall cease once the Transaction amount is disbursed to an individual who provides ID to the Agent which describes the Receiver designated by you and provides the correct Reference Number.
5.3. A Transaction is deemed disbursed by us and delivered, and we have no further liability to you, except as set forth below, when, as applicable: - (i) we have transferred the relevant amount to the Issuer, Biller or Carrier, or its designee; or
(ii) for person-to-person Transactions, the Transaction is actually disbursed by us or our Agent to the Receiver, subject to the Receiver identification provisions above.
5.4. We will not contact the Receiver to advise them when the Transaction is available for collection; this is something you will need to do.
5.5. Collection may only be made during the relevant Agent’s operating hours and subject to local regulations and compliance requirements.
5.6. Certain destinations may impose taxes, fees, and or tariffs upon the Receiver's receipt of, or access to, the Transaction.
6.1. Transaction amounts will normally be made in the currency of the destination
country (in some countries payment is available only in U.S. dollars or other
6.2. In addition to the Transaction Fee applicable to each transaction and if the currency which the sender presents to an Agent is not the currency to be received by the receiver, all currency is converted at Afrisend’s then current rate of exchange.
6.3. The currency will be converted at the time of transfer and the receiver will receive the foreign currency amount shown on the transaction form.
6.4. In some countries local regulations require the currency to be converted at the time the receiver is paid, in which case the exchange rate and any amounts shown on the transaction form may be subject to exchange rate fluctuations between the time of transfer and the time the receiver collects the funds.
6.5. Afrisend calculates its rate of exchange based on commercially available interbank rates plus a margin. Most rates of exchange are adjusted several times daily in line with the relevant closing rate of global financial markets. The exchange rate applied may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions.
6.6. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Afrisend will be kept by Afrisend (and, in some instances, its Agents) in addition to the Transaction Fees.
6.7. Afrisend is not responsible for the currency exchange rate that will be applied if Receiver chooses to receive in a payout currency other than the payout currency you selected.
7.1. You may only use the services for a lawful purpose, and MAY NOT use the services(i)for illegal activity including but not limited to money laundering, fraud and
the funding of terrorist organisations. If we reasonably believe that you are
using the Service in connecting with illegal activity or for any fraudulent
purposes or are permitting a third party to do so, we may report you to the
appropriate legal authorities.
(ii)to send a transaction on behalf of a third party.
(iii) to send money to anyone you do not know.
7.2. Afrisend may, without notice (except as required by law) and without liability to you refuse to honour any instruction related to a Transaction, suspend or deactivate your User Account, stop or reverse any Transfer or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in its sole discretion, including without limitation: - (i)if we have reason to believe that processing any such payment or instruction would violate any anti-money laundering or counter-terrorism financing laws, rules and regulations
(ii)if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose.
(iii) if we are unable to verify your identity, or the Identity of the Sender or the Receiver as the case may be.
(iv) if you provide incomplete, incorrect or false information about yourself or about a Receiver.
(v)if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Website or the Services.
(vi) if we have reason to believe any Transfer may not be authorized by you. (vii) if we are obliged to do so by any law, regulation, court order or instruction from a regulator or government body.
(viii) if any Transfer involves funds subject to a hold, dispute or legal process preventing withdrawal from the relevant bank account or credit card account.
(ix) if you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false.
(x) if we determine that your User Account is inactive.
(xi) if any Transfer would violate or contradict this Agreement or any of our policies, procedures or practices, or would violate any law, rule or regulation applicable to the Services, you or the provider of any Payment Method; or
(xii) for our protection or yours, or the protection of any Agent, Issuer, Biller or Carrier, we have reasonable cause not to process the Transfer request.
7.3. You agree that neither Afrisend nor any Agent or Service Provider will be held responsible or liable to you or any other person for such action except as required by law
8.1. Your rights regarding the Transaction and the availability of a refund shall be
explained under the applicable disclosures generated in connection with your
Transaction. If Afrisend determines that you are entitled to a refund, such refund
will be credited to Your specified Account.
9.1. If you ask us to process a Transaction to an individual Receiver to be collected in
cash at an Afrisend Location and the Transaction Amount has not been collected
within ninety (90) days, we will treat the Transaction as no longer capable of
execution (an "Expired Transaction"). We will have no obligation, after that ninety
(90) day period, to execute an Expired Transaction. If you become aware that a
Transaction amount has not been collected please contact us to ask for a refund.
10.1. We are committed to ensuring that you receive high quality service from us. In
the event that you are dissatisfied with the Services or believe an error has occurred
with your Transaction, please contact us as soon as possible.
10.2. For full details of our complaint’s procedure or customer protection advice, or to submit a complaint, comment or question, you can call us using the Telephone number on our website or email us on email@example.com
11.1. Except to the extent that Afrisend is otherwise liable under this Agreement or by
law, you agree to indemnify and hold Afrisend, its shareholders, subsidiaries,
affiliates, directors, officers, employees, Agents, representatives, suppliers, Service
Providers, and subcontractors harmless from any and all losses, liabilities, claims,
demands, judgments and expenses, including but not limited to reasonable
attorney's fees, arising out of or in any way connected with your use of or the
performance of the Services.
12.1. If, after receiving a fully paid, timely, complete and accurate Transaction request
in accordance with this Agreement, Afrisend does not complete a Transaction on
time or in a correct amount according to this Agreement, Afrisend will be liable only
for your proximately caused actual damages, to the extent required by applicable
12.2. UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST AFRISEND IS A REFUND OF THE TRANSFER AMOUNT PLUS ANY REFUNDABLE TRANSFER FEES CHARGED BY AFRISEND. NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO ANY REMEDY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO AFRISEND OR ITS AGENTS' NEGLIGENCE, OTHER FAULT, ERROR, OMISSION OR NON-PERFORMANCE. WE ACCEPT NO RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF AN ISSUER, BILLER OR CARRIER OF RECEIVER’S BANK, OR ANY OF THEIR SERVICE PROVIDERS OR THEIR DESIGNEES.
12.3. WE WILL NOT BE LIABLE TO YOU: (A) FOR ANY DELAYS OR MISTAKES, OR ANY CLAIMS, LOSSES, OR DAMAGES, RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS, (B) FOR ANY CLAIMS, LOSSES, OR DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS, COMMUNICATION SYSTEM FAILURES, OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM; (C) IF WE ARE UNABLE TO COMPLETE A TRANSACTION BECAUSE YOU HAVE INSUFFICIENT FUNDS FOR US TO DEBIT AGAINST; (D) IF YOU DID NOT FOLLOW THE TRANSACTION INSTRUCTIONS PROPERLY; (E) IF YOU DID NOT PROVIDE US WITH CORRECT, COMPLETE OR TIMELY INFORMATION; OR (F) IF YOUR RECEIVER REFUSES OR FAILS TO ACCEPT OR COLLECT A TRANSACTION.
12.4. YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFRISEND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.1. This Agreement, and our communications with you prior to you entering into this
Agreement, will be governed by Kenyan law. The courts in Kenya will have
jurisdiction over any disputes arising.
14.1. We may change or modify the terms and conditions of this Agreement from time
to time, at our sole discretion. We agree to notify you of such changes or
modifications by: (a) if required by law, sending a notice of such change or a copy
of the amended agreement to your last address or e-mail address shown in our
records; or (b) if required by law, posting a notice at the Website.
14.2. Prior notice of changes may not be given, however, when such notice is not required by law or where an immediate change is necessary for security purposes. By continuing to use the Services or initiating Transfers after any such change, you agree to be bound by the changed terms and conditions of this Agreement as of the effective date of such changes.
For information regarding how we use, share and safeguard your personal information,
please see our Privacy Statement available here on our Website.
may access any portion of the Services. The Website and the Services may only be used
for the purpose permitted by this Agreement.
17.1. Entire Understanding: This Agreement constitutes the entire agreement
between you and Afrisend regarding the use of the Services, and supersedes any
prior agreements between you and Afrisend to the extent that they might otherwise
apply to the Services. Otherwise, any such other agreements remain in full effect in
accordance with their terms.
17.2. English Language Controls. Any translations of this Agreement that may be provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations in this Agreement are subject to definitions and interpretations in the English language.
17.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
17.4. Third Party Beneficiaries. You agree that each Agent and Service Provider is a third party beneficiary of this Agreement for purposes of indemnity and limitations on liability.
17.5. Headings. The headings, captions, headers, footers and version numbers contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.17.6. Assignment. You may not assign this Agreement to any other party. Afrisend may assign this Agreement or delegate any of its rights and responsibilities under this Agreement to third parties without notice to you.
17.7. No Waiver. Afrisend shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have waived. The delay or failure of Afrisend to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a bar or waiver of any rights or remedies on any other occasion.
17.8. Links to Other Sites. The Website may contain links to other web sites which are not under the control of Afrisend. Afrisend is not responsible for the contents or transmission of any web site to which a link is provided. Links do not imply that Afrisend endorses any such websites and Afrisend does not make any representation that they are error or virus free. The disclaimer of warranties above also applies to any linked website.