These terms and conditions govern your relationship with us and regulate the transfer of money from Sender to the Recipient.

1. Please take special note of the paragraphs printed in bold since they:
1.1 constitute an acknowledgment of a fact by you;
1. 2 limit and exclude obligations, liabilities and legal responsibilities which we will have towards you and also limits and excludes your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on you;
1. 3 constitute an assumption of risk by you and may result in you being liable for increased or additional costs.

2 HOW TO INTERPRET THESE TERMS AND CONDITIONS
2.1. In these terms and conditions, the words on the left have the meanings set out on the right unless the context clearly shows that the parties intended a different meaning:
2.1.1 Absa/We/Us/Our means Absa Bank Limited (registration number 1986/004794/06), a public company duly registered as a bank under the laws of the Republic of South Africa, with registered address at 7th Floor, Absa Towers West, 15 Troye Street, Johannesburg, 2001;
2.1.2 Access Channel means the channel provided to the Sender to transfer money and for the Recipient to withdraw the money and includes the Retailer POS, the cellular network, ATMs and Participating POS;
2.1.3 Access Code means the 4 (four) digit number, this is a user selected code chosen by the Sender on initiation and is a security and authentication measure. The Sender provides the Access Code to the Recipient, to use the Access Code with the Withdrawal Number to withdraw money from an ATM or Participating POS.
2.1.4 ATM means an ABSA automated teller machine where CashSend is available;
2.1.5 Participating POS means the point of sale as notified to You from time to time, where the Recipient is able to withdraw money;
2.1.6 Money Transfer Service means the service regarding the transfer of money from the Sender to the Recipient by means of the Access Channel;
2.1.7 Money Transfer Transaction means the transaction of transferring money from the Sender to the Recipient by means of the Access Channel;
2.1.8 Recipient means the beneficiary that the Sender transfers money to and who will be able to withdraw the money via an Absa ATM or at a Participating POS without a card;
2.1.9 Transaction Reference Number means the 10 character alphanumeric issued by us to you for a specific Money Transfer Transaction and used by you for enquiry and transactional purposes;
2.1.10 Retailer means for purposes of this agreement Pepkor Trading (Pty) Ltd (Registration Number 1958/003362/07) a private company registered in accordance with the laws of the Republic of South Africa with registered address at 36 Stellenberg Road, Parow Industria;
2.1.11 Retailer Outlet means any retail trading store of the Retailer;
2.1.12 Retailer POS means the point of sale in a Retailer Outlet where the Money Transfer Service are provided;
2.1.13 Sender means the person who instructs us to transfer money;
2.1.14 SMS means short messaging services whereby text is sent over an electronic communications network;
2.1.15 Withdrawal Number means a 10 (ten) digit number issued by us and printed on the Sender’s receipt. The Withdrawal Number is used by the Recipient, together with the Access Code that the Sender must send to the Recipient, to withdraw money from an ATM or at a Participating POS;
2.1.16 You means the Sender and the Recipient;
2.2 Reference to:
2.2.1 the singular form of a word includes the plural;
2.2.2 the plural form of a word includes the singular;
2.2.3 a law or regulation is a reference to that law or regulation as amended from time to time.

3 STATUS AND CHANGES
3.1 These terms and conditions regulate the transfer of money from the Sender to the Recipient. It will become binding on the Sender for each money transfer from the moment that you hand over the money at the Retailer POS when a Money Transfer Transaction is initiated. Where applicable it will become binding on the Recipient for each transfer from the moment that the Recipient enters the Withdrawal Number at the ATM or the Access Code at the Participating POS.
3.2 We are entitled to amend these terms and conditions, any feature or benefit and the fees and costs relating to the Money Transfer Service from time to time by giving you reasonable prior notice of any such change.
3.3 If you continue to use the Money Transfer Service after the new rules begin to apply, the amended rules will apply.

4 REGISTRATION FOR THE MONEY TRANSFER SERVICE
4.1 To be able to use the Money Transfer Service you must meet certain criteria which are subject to change from time to time. You are informed of the criteria at the point of registration.

5 TRANSACTION LIMITS
5.1 We may set limits for amounts to be transferred in terms of Money Transfer Transactions from time to time within the legal limit allowed by the regulator. This includes a minimum and maximum amount to be transferred per transaction, a maximum amount to be transferred in total per week and a maximum amount to be transferred in total per month.
Current limits are:
– Limit per transaction: R1 500
– Limit per day: R3 000
– Limit per month: R25 000

6 OPERATION
6.1 You will be able to use the Money Transfer Service during the operating times of the various components of the Access Channel within the borders of the Republic of South Africa to transfer money to the Recipient, subject to the availability of the Access Channel. You acknowledge that the Access Channel may be unavailable due to cellular network outages, power outages and interruptions and maintenance to the channel connections which is not within our control and we now give you notice of such unavoidable interruptions or delays. If the Recipient elects to withdraw the money from Participating POS, he/she will be able to do so during the operating times of the Participating POS.
6.2 It is the Sender’s responsibility to provide the Recipient with the Withdrawal Number, Access Code and the exact amount transferred by you.
6.3 The Recipient can only withdraw the money at an ATM by entering the Access Code, Withdrawal Number and exact amount transferred by the Sender or at a Participating POS by providing the Withdrawal Number to the cashier and entering the Access Code into the PED (Pin-entry device). No withdrawals or refunds by the Sender and/or Recipient are allowed at the Retailer Outlets unless the Retailer is a Participating POS.
6.4 You accept and agree that any Money Transfer Transaction is effected at your own risk. Once an instruction has been given to us to effect a Money Transfer Transaction, we will not be liable for incorrect or unauthorised withdrawals by any party, unless you are able to prove that the incorrect or unauthorised withdrawal was because of our negligence or because of internal fraud.
6.5 You must ensure that the money is withdrawn within 365 (three hundred and sixty five) days of your instruction to effect a Money Transfer Transaction. The Sender can withdraw the money if the Recipient doesn’t, or the money will be credited to an unclaimed funds account that will not earn any interest.
6.6 If the Access Code or Withdrawal Number is lost or if the Sender wants to stop a transfer, you must contact the customer service at 0860 777765 and we will explain to you how to proceed.

7 YOUR DUTIES
7.1 You must keep the Transaction Reference Number provided by us in respect of any Money Transfer Transaction for enquiry and transactional purposes.
7.2 You must take all reasonable care to prevent unauthorised use of and withdrawal of funds transferred via the Money Transfer Transaction.
7.3 If the Sender suspects that the Access Code or Withdrawal Number has become known to someone else or has been received by someone other than the Recipient, the Sender must immediately cancel the transfer by contacting the customer service at 0860 777765.
7.4 We accept no liability for any unauthorised or incorrect withdrawals in terms of the Money Transfer Service.

8 UNAUTHORISED USE OF THE ACCESS CODE AND WITHDRAWAL NUMBER
If any unauthorised person obtains the Access Code and/or Withdrawal Number in any manner whatsoever, such a person will be regarded as your agent with permission and with full authority to use the Money Transfer Service on your behalf, and to withdraw the transferred or withdrawal amount unless you are able to prove that the person has obtained the Access Code and/or Withdrawal Number because of our negligence or because of internal fraud in the bank.

9 LIABILITY FOR LOSS OR DAMAGE
9.1 We rely solely on the cell number provided by the Sender, when receiving any instructions from the Sender to transfer money. We will not check whether the Access Code and Withdrawal Number have been received by the intended Recipient to ensure that the Recipient withdraws and receives the money.
9.2 Unless gross negligence on our part is proved, we will not be responsible for any damage, loss or consequential damage that you may suffer as a result of:
9.2.1 any hardware or software that fails to function, or any defect in any hardware or software;
9.2.2 any act or omission (oversight or carelessness) by any service provider used by you for purposes of Money Transfer Transactions;
9.2.3 any access channel being offline or unavailable;
9.2.4 any industrial action;
9.2.5 any other circumstances not reasonably within our control;
9.2.6 incorrect, unauthorised, incomplete or unlawful instructions;
9.2.7 unlawful or unauthorised access by any other person(s);
9.2.8 incorrect or late execution or non-payment of any instruction given by you, because of the circumstances set out in 9.2.1 to 9.2.7 above.

10 INDEMNITY AND WARRANTY BY YOU
10.1 You indemnify us and our agents (including the Retailer) against any damage, loss and/or consequential damage that you may suffer as a result of incorrect, wrong, unauthorised and/or wrongful instructions or information given by you or any other person authorised or deemed to be authorised to act on your behalf or as a result of incorrect, unauthorised and/or wrongful withdrawals of funds by any party.
10.2 You warrant to us that you have the required legal capacity to enter into and be bound by these terms and conditions.

11 RECORDING OF TELEPHONE CONVERSATIONS
For both your and our protection and to maintain the highest level of service, we and the Retailer may record telephone conversations between you and our staff in respect of the Money Transfer Service.

12 FEES
12.1 Any fees and charges in respect of the Money Transfer Service will be payable by the Sender and will be communicated to the Sender when the Money Transfer Transaction is initiated.
12.2 You accept that the Money Transfer Service is not a bank account and that you are not entitled to any interest for the period that the payment of the money to the Recipient is pending.
12.3 We can change or increase the fees or the method of calculating the fees from time to time if there is any change in taxation or statute or any significant change in market conditions that may cause any increase in our costs in making the Money Transfer Service available to you. We will give you reasonable written notice of any such change.

13 TERMINATION, SUSPENSION OR WITHDRAWAL OF THE MONEY TRANSFER SERVICE
13.1 You may not cancel/delete or stop a Money Transfer Transaction if the funds have been withdrawn.
13.2 We can, upon reasonable written notice to you and if we so decide, terminate the Money Transfer Service at any time we consider it necessary.
13.3 In order to protect you, ourselves and the banking systems, we can immediately suspend or withdraw all of a Money Transfer Transaction if:
13.3.1 the Money Transfer Transaction is not used according to these terms and conditions;
13.3.2 we have reasonable grounds to believe that the Money Transfer Transaction may be used negligently, illegally or fraudulently; or
13.3.3 we believe that the security of the systems used to provide the Money Transfer Transaction may be compromised.
13.4 You are responsible for all transactions and obligations (and related fees) that are incurred up to and including the date of termination.

14 YOUR PERSONAL AND FINANCIAL INFORMATION
14.1 You consent to:
14.1.1 us sharing your personal information (“PI”) (which includes your financial information) with the Retailer;
14.1.2 the processing of your PI by us and/or the Retailer, other group companies in our and the Retailer`s group, any of their operators, agents and sub-contractors (who may be outside South Africa) on the condition that they will keep such information confidential;
14.1.3 the collection of your PI from any other source to supplement the PI which us and/or the Retailer has about you;
14.1.4 the retention by us and/or the Retailer of your PI for as long as permitted for legal, regulatory, fraud prevention and marketing purposes;
14.1.5 us and/or the Retailer using your PI to send you information about products, services and special offers of the various companies in our and/or the Retailer’s group of companies that may be of interest or value to you;
14.1.6 us and/or the Retailer conducting a credit enquiry about you with any credit bureau or credit provider and providing your PI, including the manner in which you conduct your account, to:
14.1.6.1 credit risk management services (including credit bureaux); and/or;
14.1.6.2 crime prevention agencies.
14.1.7 if you choose to be excluded from direct marketing campaigns, you must advise us in writing or register a block on any registry which we are bound by law to recognise.
14.1.8 you accept that information transmitted through the internet or any other communication system, including wireless communication system and cellphones, is open to unlawful access, distortion and monitoring. You agree that you use the Money Transfer Service at your own risk.

15 GOVERNING LAW AND JURISDICTION
15.1 This contract is governed in all respects by the laws of the Republic of South Africa. You agree that we may bring legal proceedings against you relating to these terms and conditions in any Magistrate’s Court that has the authority to hear and decide on the case. (This authority is called jurisdictions). You agree to the jurisdiction of the Magistrate’s Court even if the amount we claim from you is more than the Magistrate’s Court limit. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.

16 WE DO NOT LOSE OUR RIGHTS
16.1 We do not lose any of our rights hereunder if we do not immediately, and in every instance, insist on them. You may not raise it as a defence if we have a right that we did not enforce at the relevant time.

17 TRANSFERRING RIGHTS OR OBLIGATIONS
17.1 You may not transfer any of your rights or obligations in the contract to anyone else without first getting our written permission in advance.
17.2 We may transfer all or some of our rights and obligations in the contract to any other person. We do not have to inform you or get your permission to transfer our rights and obligations. If this clause applies, then “we” will include the person to whom we have transferred any of our rights or obligations in terms of this clause.

18 LEGAL COSTS
18.1 Either party will be liable to pay the other party legal costs in connection with this agreement on the attorney and client scale, provided it is so awarded.

19 GENERAL
19.1 These terms and conditions are the only record of the contract between the parties in regard to the subject matter of these terms and conditions. Unless a court holds otherwise, no party is legally obliged to comply with any term, condition or undertaking not recorded in these terms and conditions, and these terms and conditions replace any arrangement or understanding held by the parties before these terms and conditions governed their relationship.
19.2 The parties acknowledge that each provision of these terms and conditions is separate. If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions. This does not:
19.2.1 make the rest of these terms and conditions illegal, invalid or unenforceable; or
19.2.2 affect the legality, validity or enforceability of any other provision or these terms and conditions as a whole.