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Terms and Conditions

Welcome to the www.sfx.co.za, www.riasikhona.co.za or www.sikhona.co.za website (the “Website”) and the mobile application (the “App”), together (the “Application”), home of Sikhona Forex (Pty) Ltd with registration number 2008/008796/07 and registered office at 3rd Floor, Protea Place, Protea Road, Claremont, Cape Town, 7735. Our services described below were created to assist individuals such as yourself to receive money from family and friends around the world. Subject to these Terms of Use and applicable laws and regulations, this Application is operated in South Africa by Sikhona Forex (Pty) Ltd under the brand name of Sikhona Money Transfer for the receiving service. 

These Terms and Conditions and our Privacy Policy constitute a binding agreement between you (“You”, the “Recipient”, the “User”, the “Registered User”) and Sikhona Forex(Pty) Ltd.

These Terms and Conditions govern the terms under which You use the Application and the Service. Your continued use of the Application or/and the clicking of the “Submit” button when registering to use the Service shall serve as proof that the User has accepted these Terms and Conditions. For the avoidance of doubt, our obligations under these Terms and Conditions are conditional upon our acceptance, which is at our sole discretion and we reserve the right to decline to provide our service to you without specifying a reason. You are responsible for any fees that Your phone/device service provider charges, such as fees for SMS, data services, and any other fees that Your phone/device service provider may charge You to access to the Application.

1. ​Definitions - Interpretation

  • In this Terms and Conditions, 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 of Payment Transactions  and/or any other products or services of Sikhona Forex (Pty) Ltd 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, payments and currency exchange.

  • “FIC” means South Africa’s Financial Intelligence Centre which was established 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 Forex (Pty) Ltd, its affiliates and the respective shareholders, directors, officers, employees, contractors, consultants, and agents from time to time and any entities, associates or affiliates related to Sikhona Forex (Pty) Ltd, including their respective officers, employees, contractors, consultants, successors, assigns 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 Age” means the age at which a Person is considered legally responsible for their actions and decisions and therefore has the legal capacity to enter into a binding agreement.

  • “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.

  • “Mobile Application” means the software application designed to be operated on a mobile device.

  • “Payment Transaction” means the transmission of funds via the Sikhona Money Transfer Service in the Local Currency to a designated Recipient pursuant to a payment instruction received from a Sender.

  • “Person” means and includes  a natural person (an individual).  

  • “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 and the amount which is paid to the Recipient in Receiving Currency (following the conversion using the exchange rate accepted by the Sender).

  • “Local Currency” or “ZAR” refers  to the South African Rand.

  • “Recipient” refers to You or the Person who is designated by the Sender as the beneficiary of the Payment Transaction.

  • “Sikhona Forex (Pty) Ltd” means Sikhona Forex (Pty) Ltd or any entity controlling or controlled by Sikhona Forex (Pty) Ltd (an “Affiliate”) from time to time which is contracted to register new customers as Registered Users of the Sikhona Money Transfer Service and/or create orders for Payment Transactions  for Senders and/or accept payment in settlement of created orders from Senders and/or pay out Payment Transactions  to Recipients on behalf of Sikhona Forex (Pty) Ltd.

  • “Sikhona Forex (Pty) Ltd Agent” means an agent of Sikhona Forex (Pty) Ltd which is contracted to register from time to time new customers as Registered users of the Sikhona Money Transfer Service and/or accept payment in settlement of created orders from Senders.

  • “Sikhona Money Transfer Service” means the international money transfer service operated by Sikhona Forex (Pty) Ltd which pays out to Recipients in South Africa the equivalent of the funds received by Sikhona Forex (Pty) Ltd from Senders in accordance with the payment instructions.

  • “Sender” means, where applicable, the Person who used our money transfer partners to transmit funds and payment instructions for the benefit of the a designated 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 , where applicable, to the Person reading these Terms of Use or the Person who is or makes the necessary steps to become a Registered User of the Sikhona Money Transfer Service.

  • ‘’Website’’ means the Sikhona Forex (Pty) Ltd website at www.sfx.co.za, www.riasikhona.co.za, www.sikhona.co.za

  • the terms ‘’We’’ and ‘’Us’’ refer, where applicable, to Sikhona Forex (Pty) Ltd, its affiliates and the respective shareholders, affiliates, officers, directors, employees, agents, successors and assigns or any subsidiary of a holding company of Sikhona Forex (Pty).

  • 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 Transfer Service to You.

  • The User must register and open an account (the “User Account”) using the Application to provide various Personal Data.

  • Once the User is successfully registered to become a Registered User,  the Registered User can use its User Account to receive Payment Transactions.  

  • As stated in Section 4. Privacy, You will need to submit certain personal data when opening a User Account to ensure compliance with any applicable law, FIC, and where applicable the Sikhona Forex(Pty) Ltd KYC Policy and, where applicable, Sikhona Forex (Pty) Ltd Agent’s KYC Policy.

  • Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent 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.

3. Provisions relating to you as user 

  • Only Persons who attained at least the Legal Age as established in the country are authorized to use the Application and to register to become a Registered User of the Sikhona Money Transfer Service. By accessing the Application and by opening an account, You represent and warrant that You are at  least of a Legal Age to form a binding agreement with Sikhona Forex (Pty) Ltd/ Sikhona Forex (Pty) Ltd Agent.

  • We recommend that Your Sender is of Legal Age to form a binding agreement. If Your Sender is below the Legal Age to form a binding agreement, 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 Recipient being below the Legal Age to form a binding agreement.

  • For security reasons, Sikhona Forex (Pty) Ltd recommends that You only use the Application to receive funds from a Person You know personally. You must not use the Sikhona Money Transfer Service if You don’t know personally the Sender.

  • You agree to immediately notify Us if there is any breach of security.

  • You agree that You are only allowed to create and maintain (1) one User Account.

  • Sikhona Forex (Pty) Ltd or its Agent reserves the right, in its sole discretion, to disable/suspend Your User Account for any or no reason, including if, in Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent’s opinion, You have failed to comply with any provision of these Terms and Conditions or any applicable law or regulation.

  • You declare that by opening a User Account to use the Service:

  • You have read these Terms and Conditions in its entirety and You know, understand and agree with the contents thereof.

  • all information furnished by You to Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent 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 Payment Transaction and You confirm that any such limit, if applicable, will not be exceeded because of the conclusion of such Transaction.

  • You confirm that You will only use the Sikhona Forex (Pty) Ltd/ Sikhona Forex (Pty) Ltd Services for personal use and not for commercial use.

4. Privacy 

 

  • Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent may disclose Your Personal Data if required to do so as per our Privacy Policy with our affiliates or any third party when necessary. You are strongly encouraged to read our Privacy Policy at www.sfx.co.za, www.riasikhona.co.za, www.sikhona.co.za.

  • As stated above, to open a User Account and use the Service, You will be required to provide certain information as the proof of identity in the form of an Identity Document, passport or other sufficient proof of identity (the “Personal Data”) to enable Your identity to be verified and to ensure compliance with FIC and the internal KYC policies of Sikhona Forex (Pty) Ltd and the Sikhona Forex (Pty) Ltd Agent, 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 acknowledge that all personal data, information and documentation which You provide to Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent, 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 Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent has reason to believe that the information or documentation provided is false or altered in any way, Your User Account will be closed immediately, and the relevant authority notified.

  • You acknowledge that the FIC, or any other regulator may, at any time, request Your personal data, information and documentation from Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent in respect of a FIC audit or on any other grounds and that Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent, whichever is applicable, is obliged to and will provide the FIC or any other regulator with such personal data, information and documentation upon request.

  • With your access and/or use of the Application, You agree and acknowledge  (i) to the processing of any Personal Data provided under this form, and during the execution of the Service rendered by from Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent; and (ii) to the communication of Your personal data to any unaffiliated Person, company, or entity that performs services for Us (the “Third-Party Providers”) and from Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent Affiliates, whether located in South Africa or other countries. In any case, We will make sure that We will maintain an adequate level of security and that Your rights will not be affected by the transfer to any other country. Any transfer of Your personal data to any other country or to any Affiliate will be in order to ensure that Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent or any Affiliate  can handle Your transaction order and comply with any legal obligations. The processing of Your Personal Data is necessary to perform the money transfer service and without such data the contracted service cannot be provided.

  • You may exercise any of Your rights, such as access, rectification, erasure and restriction of processing by sending an email to dpo@euronetworldwide.com with copy to compliance@sfx.co.za.

5. Reporting to Regulators

 

  • Every Transaction successfully completed via the 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 Transaction (order, payment, pay-out).

  • When compiling the report, the Sender’s personal details are obtained from the Know Your Client (“KYC”) documents submitted upon registration.

  • By submitting Your KYC documents, You agree to allow Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent to use Your personal details as reflected on the KYC documents when submitting the prescribed reports to SARB.

  • Sikhona Forex (Pty) Ltd holds the right, in its sole discretion, to perform adverse media searches as part of our customer and partner on-boarding program.

  • Sikhona Forex (Pty) Ltd will send customer and transactional information to the Financial Intelligence Centre as part of a regulatory requirement.

  • Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent will not be responsible for any legal proceedings of any kind brought against You by any private, Person, entity, 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.

6. Processing of Instructions

 

  • After We have received payment instructions to process a transaction in either cash pick-up or bank account credit, You will receive instruction from Us via SMS or Email to complete Your onboarding and mandate process. Once this is completed, We will complete the necessary verifications including screening of both You and Your Sender in compliance with the various applicable laws and regulations. We will attempt to process Payment Transactions  promptly, but any Payment 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.

  • We may, in our sole discretion, refuse payment instructions or Payment Transactions from certain Senders or to certain Recipients including, without limitation, Persons 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.

  • It is the sole responsibility of the Sender to communicate with their intended Recipient on collection points and the collection pin (where applicable) and Sikhona Forex (Pty) Ltd and/or Sikhona Forex (Pty) Ltd Agent cannot be held liable for incorrect information provided to the Recipient by the Sender.

  • Un-collected funds by the Recipient may be returned to Sikhona Forex (Pty) Ltd and/or Sikhona Forex (Pty) Ltd Agent as a cancelled Payment Transaction. Usually the Recipient has 21 (twenty-one) days to collect the funds from the date of sending. This delay may vary from time to time.

  • As We merely provide the Sikhona Money Transfer Service, We will not become involved in any dispute between any Recipient and Sender arising out of, or in connection with, the completion of any Money Transfer Service, or with this Terms of Use, whatsoever.

7. Payment Transaction

 

  • The Sikhona Money Transfer Service is offered exclusively for personal money transfer needs. Any other use or attempted use of the Sikhona Money Transfer 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 and will be rejected.

8. Restrictions for payment transactions

 

  • If We are notified of a suspension or cancellation of a Payment Transaction, We will within a reasonable time contact the Sending Partner for the reasons and await for its instructions. 

  • If You are unable to collect the Receiving Amount because of incorrect information provided by the Sender or any other causes. We will return the funds. You may contact Your Sender for information. Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent cannot be held responsible for losses in rate or inflation due to incorrect details being supplied.

  • Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent reserves the right, in its sole discretion, to:

  • reject a proposed Payment Transaction.

  • limit the amount of a Payment Transaction.

  • require additional information to complete a Payment Transaction.

  • take reasonable measures, including the suspension or the cancellation of a Money Transfer Transaction or a Payment Transaction, with respect to a Money Transfer Transaction to comply with applicable laws and regulations.

9. Breach

 

  • Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent may suspend or terminate Your User Account if there is a suspicion 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 Transfer Service.

  • In addition to the conduct stipulated in 12.1 Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent may limit Your activity, immediately issue a warning, suspend or terminate Your User Account without notice if:

  • despite its reasonable endeavours, Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent is unable to verify or authenticate any information You have provided; or

  • Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent believes that Your actions may cause Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent to suffer financial loss or incur legal liability.

10. Marketing

  • By your continuous access to Our Application and/or the opining of a User Account, You consent to allow Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent to send You marketing messages from time to time.

  • Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent will not allow third-parties to send marketing messages to You using the information You have provided  to Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent.

11. Intellectual Property

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

  • You agree and undertake to not, directly or indirectly, use, copy, store, reproduce, republish, transmit, issue, download, translate and modify in any way whatsoever, in whole or in part, the content of and the services provided therein without a prior written consent from Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent.

12. No Warranty

  • Sikhona Forex (Pty) Ltd, Sikhona Forex (Pty) Ltd Agents, officers, directors, agents, providers and employees do not guarantee continuous, uninterrupted or secure access to the Application and/or the Sikhona Money Transfer Service, and operation of the Application and/or the Sikhona Money Transfer Service may be interfered with by numerous factors outside of Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent’s control.

  • The Application and the Sikhona Money Transfer Service is provided “as is” and as and when available and, to the extent permissible by law, Sikhona Forex (Pty) Ltd / Sikhona Forex (Pty) Ltd Agent 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.

13. Modifications to these Terms and Conditions

  • We reserve the right to change these terms and conditions from time to time and it is the sole responsibility of the User to keep himself up to date. Except when stated otherwise, all amended terms shall automatically be effective 30 (thirty) calendar days after they are initially made public on the Application.

  • Your continued use of the Application and/or the Sikhona Money Transfer Service following the posting of revised Terms of Use means that You accept and agree to the changes.

14. 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 Transfer 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 Transfer Services, the Application, the servers, the networks and computer systems, the network resources, the Sikhona Money Transfer Services, or any other software, 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 Transfer 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 Application, 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 Application and/or Sikhona Money Transfer Services or anything in these terms and conditions, are excluded unless expressly included in these Terms and Conditions.

  • The maximum liability of Sikhona Forex (Pty) Ltd to the user for any claim arising from or in connection with the use of our service shall be limited to the ZAR amount showing on the face of the receipt for your money transfer transaction, including the service charges. Except as provided in the previous sentence, in no event will Sikhona Forex (Pty) Ltd, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Application or any services obtained through the Application including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

16. 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 use of the Application.

    • the registration as a User.

    • the use of the Sikhona Money Transfer Service.

    • any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Application and/or the Sikhona Money Transfer Services in accordance with this Agreement.

17. 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.

18. No Waiver

  • No relaxation, indulgence or extension of time granted by Sikhona Forex (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.

19. 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.

20. 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 Application and/or the Sikhona Money Transfer Services, the User is deemed to accept the amendment, variation or update as binding.

21. 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.

22. 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.

23. Notices

  • 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 Forex (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.

24. Sikhona Forex (Pty) Ltd Support

  • Please direct all queries and complaints to:

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