Terms and Conditions

Welcome to the www.sfx.co.za website, home of the Sikhona Foreign Exchange (Pty) Ltd. Our services described below were created to assist individuals such as yourself to send money to and receive money from family and friends around the world. This website is operated in South Africa by Sikhona Foreign Exchange (Pty) Ltd under the trading name of Sikhona Money subject to these Terms of Use and applicable law.

These Terms and Conditions constitute a binding agreement between you (“the User”) and Sikhona Foreign Exchange (Pty) Ltd with registration number 2008/008796/07 and our registered office at 3rd Floor, Protea Place, Protea Road, Claremont, Cape Town, 7735.

These Terms and Conditions govern the terms under which you may register as a user of the Sikhona Money Transfer Service in South Africa and thereafter use the Sikhona Money Transfers Service. You agree that it is only entitled to use the services once it has accepted these Terms and Conditions. Your continued use of the Services (as defined below) and the clicking of the “I AGREE” button when registering as a user shall serve as proof that the User has accepted these Terms and Conditions.

1. INTERPRETATION

- In this agreement, unless the context indicates otherwise, the following words shall bear the following meanings:
  - “Adverse Media” means any negative information about the customer or business discovered in various media sources.
  - “Agreement” means these Terms and Conditions governing the offering for sale and sale of, and the offering to purchase and purchase of goods and services on this App as well as any annexures thereto which may be updated from time to time.
  - “Financial Institution” means a company which is engaged in the business of dealing with monetary transactions, such as deposits, loans, investments, and currency exchange.
  - “FIC” means South Africa’s Financial Intelligence Centre which was established in terms of FICA to administer the Financial Intelligence Centre Act.
  - “FICA” means the Financial Intelligence Centre Act No 38 of 2001.
  - “FSB” means the Financial Services Board, an independent institution established in terms of the Financial Advisory and Intermediary Services Act No 37 of 2002 to oversee the South African Non-Banking Financial Services Industry in the public interest.
  - “Indemnified Parties “means Sikhona Foreign Exchange (Pty) Ltd, its directors, officers, employees, contractors, consultants, and agents from time to time and any entities, associates or affiliates related to Sikhona Foreign Exchange (Pty) Ltd, including their respective officers, employees, contractors, consultants and agents from time to time.
  - “Intellectual Property Rights “means intellectual property whether protected by common law, international treaty, the Geneva Convention or under statute including (without limitation) copyright, all rights in relation to inventions (including registered, pending and applied for patents), plant and animal varieties, plant and animal breeders, registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
  - “KYC” means “Know Your Customer” which is the process of a business identifying and verifying the identity of its clients.
  - “Legal Tender” means the denomination of a country’s currency that, by law, must be accepted as a medium for commercial exchange and payment for a money debt.
  - “Money Transfer Transaction” means the transmission of funds via the Sikhona Money Transfers Service to a designated Recipient pursuant to an instruction received from a Sender.
  - “Pay-Out Partner” means an entity appointed by Sikhona Foreign Exchange (Pty) Ltd to pay out a Money Transfer Transaction in the country identified in the Sender’s payment instructions when initiating a Money Transfer Transaction.
  - “POPI” means Protection of Personal Information Act (or POPI Act). POPI seeks to regulate the Processing of Personal Information.
  - “Receiving Amount” means the amount designated by the Sender when initiating the Money Transfer Transaction (minus the Sikhona Money Transfers Service Fee) and the amount which is paid to the Recipient in Receiving Currency (following the conversion using the exchange rate quoted to the Sender).
  - “Receiving Currency” means the Legal Tender recognised in the country in which the Recipient resides.
  - “Recipient” means the individual who is designated by the Sender as the beneficiary of the Money Transfer Transaction and who is paid the Receiving Amount in Receiving Currency by a designated Pay-Out Partner.
  - “Sikhona Foreign Exchange (Pty) Ltd” means Sikhona Foreign Exchange (Pty) Ltd or any subsidiary of a holding company of Sikhona Foreign Exchange (Pty) Ltd from time to time which is contracted to register new customers as users of the Sikhona Money Transfers and/or create orders for Money Transfer Transactions for Senders and/or accept payment in settlement of created orders from Senders and/or pay out Money Transfer Transactions to Recipients on behalf of Sikhona Foreign Exchange (Pty) Ltd.
  - “Sikhona Foreign Exchange (Pty) Ltd Affiliate” means an agent of Sikhona Foreign Exchange (Pty) Ltd officially associated with us.
  - “Sikhona Money Transfers Service” means the international money transfer service operated by Sikhona Foreign Exchange (Pty) Ltd which provides registered users in South Africa with the ability to initiate money transfers to designated recipients within and outside South Africa.
  - “Sikhona Money Transfers Service Fee” means the fee paid by a Sender when creating an order for a Money Transfer Transaction.
  - “Sender” or ‘’User’’ means the individual who is a registered user of the Sikhona Money Transfers Service and who initiates a Money Transfer Transaction for the benefit of the Recipient.
  - “SARB” means the South African Reserve Bank, the central bank of South Africa.
  - “South Africa” means the Republic of South Africa.
  - the terms “you” and “your” refer to the individual reading these Terms of Use who is or will become a registered user of the Sikhona Money Transfer Service.
  - ‘’Website’’ means the Sikhona Foreign Exchange (Pty) Ltd website at www.sfx.co.za.
  - the terms ‘’we’’ and ‘’us’’ refer to Sikhona Foreign Exchange (Pty) Ltd or any subsidiary of a holding company of Sikhona Foreign Exchange (Pty) Ltd from time to time which is contracted to register new customers as users of the Sikhona Money Transfers and/or create orders for Money Transfer Transactions for Senders and/or accept payment in settlement of created orders from Senders and/or pay out Money Transfer Transactions to Recipients on behalf of Sikhona Foreign Exchange (Pty) Ltd.
- clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify, any of the provisions of this agreement.
- all the schedules and/or annexures hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this agreement.
- words and/or expressions defined in this agreement shall bear the same meanings in any schedules and/or annexes hereto which do not contain their own defined words and/or expressions.
- where a period consisting of several days is prescribed, it shall be determined by excluding the first and including the last day.
- where the day upon or by which any act is required to be performed is not a business day, the parties shall be deemed to have intended such act to be performed upon or by the first day thereafter which is a business day.
- if figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two.
- words and/or expressions defined in any clause in the body of this agreement shall, unless the application of such word and/or expression is specifically limited to that clause, bear the meaning so assigned to it throughout this agreement.
- a reference to any statutory enactment shall be construed as a reference to that enactment as at the signature date and as amended or re-enacted from time to time thereafter.
- the expiration or termination of this agreement shall not affect such of its provisions as expressly provide that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination; and
- any communication which is required to be “in writing” shall include a communication which is sent via email.

2. PROVISION OF SERVICES

- We provide the Sikhona Money Transfers Service to you.
- The User registers as a user of the Sikhona Money Transfers Service.
- Once the User is registered, the User can use the Sikhona Money Transfers Service for Money Transfer Transactions.

3. PROVISIONS RELATING TO YOU AS USER

- User: Only persons who are 18 (eighteen) years or older may register as a user of the Sikhona Money Transfers Service. By registering as a user of the Sikhona Money Transfers Service, you represent and warrant that you are 18 (eighteen) years or older and of legal age to form a binding agreement with Sikhona Foreign Exchange (Pty) Ltd.
- Recipient: We recommend that your designated Recipient is 18 (eighteen) years or older. If your designated Recipient is below the age of 18 (eighteen) years, you agree to indemnify and hold harmless the Indemnified Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your designated Recipient being below the age of 18 (eighteen) years.
- Recipient: For security reasons, Sikhona Foreign Exchange (Pty) Ltd recommends that you only send money through the Sikhona Money Transfers Service to people you know personally. You must not use the Sikhona Money Transfers Service to send money to strangers, for example, sellers of goods and/or services whether private or retail.
- You agree to immediately notify us or our Affiliate if there is any other breach of security. You agree that you are only allowed to create and maintain one registered user account.
- Sikhona Foreign Exchange (Pty) Ltd or its Affiliate reserves the right to disable your account for any or no reason, including if, in Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate’s opinion, you have failed to comply with any provision of these Terms of Use.
- You declare that by registering as a user of the Sikhona Money Transfers Service and by initiating a Money Transfer Transaction:
  - You have read these Terms and Conditions of Use and you know, understand and agree with the contents thereof.
  - all information furnished by you to Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate whether directly or indirectly is true and correct in all respects.
  - you have been informed of any limits which may be applicable to the confirmed Money Transfer Transaction and you confirm that any such limit, if applicable, will not be exceeded because of the conclusion of such Money Transfer Transaction.
  - you confirm that you will only use the Sikhona Foreign Exchange (Pty) Ltd/ Sikhona Foreign Exchange (Pty) Ltd Affiliate Services for personal use and not for commercial use.

4. USER PRIVACY

- Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate may disclose your personal information if required to do so as per our Privacy Policy. You are strongly encouraged to read our Privacy Policy at www.sfx.co.za.
- To register as a user of the Sikhona Money Transfers Service, you will be required to provide certain personal data (proof of identity in the form of an Identity Document, passport or other sufficient proof of identity) to enable your identity to be verified and to ensure compliance with FICA and the internal KYC policies of Sikhona Foreign Exchange (Pty) Ltd and the Sikhona Foreign Exchange (Pty) Ltd Affiliate, where applicable. All documents confirming such personal data are referred to as KYC documents. KYC information and verification may also be required in respect of your designated Recipient.
- You agree that all personal data, information and documentation which you provide to Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate, whether directly or indirectly, during the registration process and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information and documentation is kept accurate and up to date at all times. If, at any time, Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate has reason to believe that the information or documentation provided is false or altered in any way, your Sikhona Account will be closed immediately, and the relevant authority notified.
- You acknowledge that the FIC may, at any time, request your personal data, information and documentation from Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate in respect of a FICA audit or on any other grounds and that Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate, whichever is applicable, is obliged to and will provide the FIC with such personal data, information and documentation upon request.

5. SINGLE DISCRETIONARY ALLOWANCE

- South African residents (natural persons) who are 18 years and older may be permitted to avail of a single discretionary allowance within an overall limit of R1 000 000.00 (ONE MILLION RAND) per individual per calendar year without the requirement to obtain a tax clearance certificate in respect of foreign investments from the South African Revenue Service.
- It is your responsibility to ensure that you do not exceed your single discretionary allowance.
- By agreeing to these Terms of Use, you assume responsibility for not exceeding your single discretionary allowance while using the Sikhona Money Transfers Service or any other Financial Institution to transfer funds out of South Africa.

6. REPORTING TO SARB

- Every Money Transfer Transaction successfully completed via the Sikhona Money Transfers Service must be reported to SARB (South African Reserve Bank). This report includes the personal details of the Sender and the Recipient and the details of the completed Money Transfer Transaction (order, payment, pay-out).
- When compiling the report, the Sender’s personal details are obtained from the KYC documents submitted upon registration.
- By submitting your KYC documents and using the Sikhona Money Transfers Service, you agree to allow Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate to use your personal details as reflected on the KYC documents when submitting the prescribed reports to SARB.
- Sikhona Foreign Exchange (Pty) Ltd holds the right to perform adverse media searches as part of our customer and partner on-boarding program.
- Sikhona Foreign Exchange (Pty) Ltd will at times send customer and transactional information to the Financial Intelligence Centre as this is a regulatory requirement.

Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate 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 it has passed on to these institutions or bodies.

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

7. REGISTRATION AS A USER OF THE SIKHONA MONEY TRANSFERS SERVICE

- As stated in 4.2 above, you will need to submit certain personal data when registering as a user of the Sikhona Money Transfers Service to ensure compliance with FICA, Sikhona Foreign Exchange (Pty) Ltd KYC Policy and, where applicable, Sikhona Foreign Exchange (Pty) Ltd Affiliate’s KYC Policy.
- Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate will verify your personal data to confirm your identity.
- You hereby agree and authorize us to do the verification check and make any enquiries considered necessary to validate the information that you have provided.

8. PROCESSING OF INSTRUCTIONS

- After we have verified your identity, completed a screening for proper compliance with the various applicable laws and regulations, and received payment of the amount of the money transfer and the Sikhona Money Transfers Service Fee from you, the Receiving Amount will be made available for collection by your designated Recipient from a Pay-Out Partner or deposited into your designated Recipient’s bank account in the destination country. We will attempt to process Money Transfer Transactions promptly, but any Money Transfer Transaction may be delayed or cancelled for a number of reasons, including, without limitation, its efforts to verify your identity, compliance with applicable law or variations in business hours and currency availability.

We may, in our sole discretion, refuse Transactions from certain Senders or to certain Recipients including, without limitation, individuals on restricted or prohibited lists.
We are not liable and cannot be held liable for:
- any delay in payment of the Receiving Amount to the Recipient.
- If the exchange rate fluctuates, we are in no way liable for any perceived or real historical loss in value of the Receiving Amount.
- the unavailability of Receiving Currency in the Recipient’s country of residence – the Recipient will be given the option to wait until the Receiving Currency is restocked or collect a substitute currency of equivalent value instead. The rate at which the substituted funds may be collected will be determined by the daily available rate, and Sikhona Foreign Exchange (Pty) Ltd and Sikhona Foreign Exchange (Pty) Ltd Affiliate accept no responsibility for any losses incurred to the Recipient during the foreign exchange. No refunds will be issued.
As we merely provide the Sikhona Money Transfers Service, we will not become involved in any dispute between any User and Recipient arising out of, or in connection with, the completion of any Money Transfer Service, or with this Agreement, whatsoever.

9. SIKHONA MONEY TRANSFERS SERVICE FEES

- Registering with Sikhona Money Transfers Service is free of charge. We are however entitled to charge a fee. Varying commission charges are applicable dependent on territory for each Money Transfer Transaction.
- The User is liable to pay the Sikhona Money Transfers Service Fee to us and the Sikhona Money Transfer Service Fee is due at the time that the User instructs Sikhona Foreign Exchange (Pty) Ltd/ Sikhona Foreign Exchange (Pty) Ltd Affiliate to process your Money Transfer Transaction.
- The User hereby agrees that the Service Fees will be added to the Money Transfer Transaction when funds are transmitted via the Sikhona Money Transfers Service to a designated Recipient pursuant to an instruction received from a sender.
- The Sikhona Money Transfers Service Fee can be changed at any time and at the sole discretion of Sikhona Foreign Exchange (Pty) Ltd.

10. MONEY TRANSFER TRANSACTION CANCELLATIONS AND REFUNDS

- We are not responsible for any changes in instructions or Money Transfer Transactions cancellations. Once we receive an instruction for a Money Transfer Transaction, we are not liable for any refunds or returns.
- It is the Sender’s responsibility to ensure that the Sender submits the correct information. We will not be responsible for any incorrect information provided to us by the Sender.
- If a Sender instructs us to process a Money Transfer Transaction and subsequently decides the stop, reverse or cancel the Money Transfer Transaction, we will not be liable for any refund. We cannot and do not guarantee that the Sender will receive any funds back if the Sender cancels a Money Transfer Transaction.
- If we are notified (as per clause 18) that the Sender wishes to cancel the Money Transfer Transaction, we will within a reasonable time confirm with the Pay-Out Partner whether the Pay-Out Partner has paid the Money Transfer Transaction to the Recipient. If the Pay-Out Partner:
  - Confirms that payment has not been made to the Recipient:
    - We will cancel the Money Transfer Transaction and we attempt to refund the Receiving Amount to the Sender by instructing the Pay-Out Partner to refund the amount.
    - You will not be refunded the Sikhona Money Transfers Service.
    - Your refund will be in South African Rand (ZAR).
    - Your refund will be according to the exchange rate on the day of the refund and therefore, there might be a difference in the Receiving Amount and the amount refunded. You hereby agree that Sikhona Foreign Exchange (Pty) Ltd/ Sikhona Foreign Exchange (Pty) Ltd Affiliate will not be liable for any difference if the refunded amount is less than the Receiving Amount.
    - All refunds shall be available within 14 (fourteen) calendar days of the date on which the refund is received from the Pay-Out Partner.
  - Confirms that payment has been made to the Recipient:
    - There will be no refund to the Sender of either the Receiving Amount or the Sikhona Money Transfers Service Fee.

11. RESTRICTIONS FOR MONEY TRANSFER TRANSACTIONS

- Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate reserves the right, in its sole discretion, to:
  - reject a proposed Money Transfer Transaction.
  - limit the amount of a Money Transfer Transaction.
  - require additional information to complete a Money Transfer Transaction.
  - take reasonable measures with respect to a Money Transfer Transaction to comply with applicable laws and regulations.
- The Sikhona Money Transfers Service is offered exclusively for the personal money transfer needs of users. Any other use or attempted use of the Sikhona Money Transfers Service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
- If your designated Recipient is unable to collect the Receive Amount because incorrect information was provided for the Recipient when the Money Transfer Transaction was created, you are obliged to contact Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate to correct any errors in the information provided. If the Recipient contacts Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate directly, he will be advised to contact you to resolve the matter. Sikhona Foreign Exchange (Pty) Ltd and Sikhona Foreign Exchange (Pty) Ltd Affiliate cannot be held responsible for losses in rate or inflation due to incorrect details being supplied for the Recipient.

If you use your mobile phone to process Money Transfer Transactions, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.

12. BREACH

- Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate may suspend or terminate your account if it suspects that you have engaged in or are about to engage in or have been in any way involved in or linked to, fraudulent activity in connection with the Sikhona Money Transfers Service.
- In addition to the conduct stipulated in 12.1 Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate may limit your activity, immediately issue a warning, suspend or terminate your account without notice if:
  - despite its reasonable endeavours, Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate is unable to verify or authenticate any information you have provided; or
  - Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate believes that your actions may cause Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate to suffer financial loss or incur legal liability.

13. MARKETING

- By registering as a user of the Sikhona Money Transfers Service, you agree to allow Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate to send you marketing messages from time to time.
- Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate will not allow third parties to send marketing messages to you using the information you have provided.

14. INTELLECTUAL PROPERTY

- The Sikhona Money Transfers Service and all intellectual property incorporated in or related to the Sikhona Money Transfers Service (including without limitation copyrights, patents, database rights, trademarks and service marks) is owned by or licensed to Sikhona Foreign Exchange (Pty) Ltd. All right, title and interest in and to such intellectual property shall remain the property of Sikhona Foreign Exchange (Pty) Ltd and/or the property of such third-party licensor.

15. NO WARRANTY

- Sikhona Foreign Exchange (Pty) Ltd, Sikhona Foreign Exchange (Pty) Ltd Affiliates, officers, directors, agents and employees do not guarantee continuous, uninterrupted or secure access to the Sikhona Money Transfers Service, and operation of the Sikhona Money Transfer Service may be interfered with by numerous factors outside of Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate’s control.
- The Sikhona Money Transfers Service is provided “as is” and as and when available and, to the extent permissible by law, Sikhona Foreign Exchange (Pty) Ltd / Sikhona Foreign Exchange (Pty) Ltd Affiliate excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation, any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

16. PERIODIC CHANGES TO THESE TERMS AND CONDITIONS

- We reserve the right to change these terms and conditions from time to time and will, when changes do occur, notify Users accordingly. Except when stated otherwise, all amended terms shall automatically be effective 30 calendar days after they are initially made public on the Website.
- Your continued use of the Sikhona Money Transfers Service following the posting of revised Terms of Use means that you accept and agree to the changes.

17. TERMINATION

- Please note that once you have registered as a user of the Sikhona Money Transfers Service, your account may be terminated at any time, with or without notice to you, if:
  - your conduct is in breach of these Terms of Use.
  - your conduct is deemed to be harmful to the business of Sikhona Foreign Exchange (Pty) Ltd or any of its affiliates; or
  - your use of the Sikhona Money Transfers Service is harmful to any other party.

18. DISCLAIMER AND LIMITATION OF LIABILITY

- Notwithstanding anything to the contrary contained in this Agreement, the User agrees that the Indemnified Parties will not be liable to anyone for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered (“Losses”), by any person however arising, whether such Losses arose directly or indirectly from the authorised or unauthorised use of, access to, reliance on, or any inability to use or access the Sikhona Money Transfers Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to, any loss relating to one or more, or a combination, of the following:
  - a failure or malfunction of all or any part of the Sikhona Money Transfers Services, its servers, networks and computer systems, the network resources, the Sikhona Money Transfer Services, or any other computer systems or network resources to which it may be connected or upon which it may rely, or the taking offline of any of those computer systems or network resources for any reason.
  - any decision to hold or to not hold an inquiry into an alleged breach or contravention of any one or more provisions contained in these Terms and Conditions as well as any decision to act or to not act in case of a contravention as aforementioned, on the part of anyone.
  - any circumstance which results in a restriction of access or complete lack of access to the Sikhona Money Transfers Services.
  - any circumstance, whether technical, clerical, or natural, which results in instructions not being processed, noted or accepted.
  - whether we could have foreseen a loss or type of loss which eventually occurs, was negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage any and all damage to, or loss of, any equipment, property, data, or other information possessed by the User or any other person, any loss of profits and any losses relating to contracts, business, revenue, goodwill, or any expected savings;
  - any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data or information on the Website, or any breach of contract or negligence on the part of the Indemnified Parties.
  - any action taken by us under this Agreement.
  - any conduct, act, or omission (whether negligent, reckless, or otherwise) whether within any actual, ostensible, or apparent authority or not at all on the part of the Indemnified Parties.
- To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Sikhona Money Transfers Services or anything in these terms and conditions, are excluded unless expressly included in these Terms and Conditions.

19. RELEASE AND INDEMNITY

- Notwithstanding any contrary provision contained in these Terms and Conditions and to the maximum extent permitted by law, the User indemnifies and holds harmless the Indemnified Parties against any claims, losses, liabilities, suits, demands, proceedings, costs, or expenses (including legal costs on an attorney and client scale) directly or indirectly related to, or, arising out of:
  - the registration as a User.
  - the use of the Sikhona Money Transfers Service.
  - any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Sikhona Money Transfers Services in accordance with this Agreement.

20. SEVERABILITY

Each provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this agreement shall be and remain of full force and effect.

21. NO WAIVER

No relaxation, indulgence or extension of time granted by Sikhona Foreign Exchange (Pty) Ltd shall be construed as a waiver of any of our rights in terms hereof, or a novation of any of the terms of this Agreement or stop us from enforcing strict and punctual compliance with the terms of this Agreement.

22. WHOLE AGREEMENT

This Agreement constitutes the whole agreement between the parties in relation to the subject matter thereof and no party shall accordingly be bound by any undertaking, representation or warranty not recorded therein.

23. VARIATION

A notice dealing with amendments or variations or updates of this Agreement will be posted on the Website. The User undertakes to become familiar with and understand the amendments or variations or updates. By continuing to use the Sikhona Money Transfers Services, the User is deemed to accept the amendment, variation or update as binding.

24. COOPERATION

Each party shall take all such steps, execute all such documents, and do all such acts and things as may be reasonably required by it to give effect to any of the obligations contemplated by this Agreement.

25. GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the courts of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.

26. GOVERNING LAW AND JURISDICTION

- The User chooses its service address for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at the addresses, e-mail and telefax numbers as set out in your application for registration as User. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, facsimile or email to the relevant party to this agreement at its respective address as specified on the application for registration as a User.
- Sikhona Foreign Exchange (Pty) Ltd chooses its service address as the address stipulated out at the top of this Agreement.
- Any notice given, and any communication or payment made by any party hereto to any other (the “Addressee“) which:
  - is delivered by hand during the normal business hours of the Addressee at the Addressee’s service address for the time being, shall be presumed, unless the contrary is proved, to have been received by the Addressee at the time of delivery.
  - is transmitted by email during normal business hours, shall be presumed, unless the contrary is proved, to have been received by the Addressee 24 (twenty-four) hours after the time of transmission.
- Notwithstanding anything to the contrary herein contained, a written notice or communication received by an Addressee shall be adequate written notice or communication to him, notwithstanding that it was not sent to or delivered at his chosen service address.

27. SIKHONA FOREIGN EXCHANGE (PTY) LTD SUPPORT

- Please direct all queries and complaints to:
  - Telephone number: 0861 660 660
  - Email address: customercare@sfx.co.za