Terms & Conditions

The use and access of the website are at all times subject to these Terms and Conditions. By continuing your use of this website, you agree to be bound by and to abide by the terms and conditions hereof, including the Privacy Notice and other policies and terms which may appear elsewhere on this website.

Definitions

Agreement means these Terms and Conditions provided for in this document, together with all appendices thereto.

Data Message means data generated, sent, received, or stored by electronic means and includes –

(a) voice, where the voice is used in an automated transaction; and

(b) a stored record.

Pay-out shall mean the payment of the amount as designated by the client in the payment order and payment in full of the payment order, minus the ClickSendNow service fee and following the conversion using the exchange rate as agreed upon in the order process.

Payment order refers to a cross-border remittance transaction.

Services mean the services rendered by ClickSendNow in favor of a user and/or a user as described more fully in these Terms and Conditions.

User or Client means any person accessing any part of the website or the services. Should a person no longer fulfill the definition of “user,” this will not affect that person’s liability towards ClickSendNow for breach of these Terms and Conditions.

Website or site shall mean this website, the mobile app, and any website representing an affiliate of ClickSendNow.

Introduction

Welcome to the ClickSendNow mobile app (including all webpages, subdomains, and subparts therein contained, the “Site”) of ClickSendNow (Pty) Ltd (“ClickSendNow”, “we”, “us” and/or “our”). The mobile app has been created to transact and provide information about ClickSendNow, which provides customized low-value payment transfer services as well as other financial offerings.

ClickSendNow is a private company duly incorporated under the laws of the Republic of South Africa that operates its remittance service as an Authorised Dealer with Limited Authority (Category 3), duly authorised by the South African Reserve Bank to conduct cross border remittance and payment services. ClickSendNow is an independent money transfer operator or value transfer service provider, facilitating transactions not exceeding R5 000.00 per transaction per day within a limit of R25 000.00 per applicant per calendar month.

When transacting you will be asked to confirm that you have read and understood our Terms and Conditions regarding the use of our services at all times. Therefore, we encourage you to fully read and understand the Terms and Conditions of our services, which apply to all ClickSendNow services.

ClickSendNow reserves the right to amend and/or update any of the terms of this Agreement from time to time, without the obligation to inform users prior thereto and/or without the need to obtain their consent thereto. ClickSendNow advises the user to check for updates to the Terms and Conditions regularly, the obligation being on the user to ensure that he/she is aware of any alterations or amendments to the Terms and Conditions, all of which shall be binding on the user as and when published on this Site.

Important Notice

These Terms and Conditions constitute an agreement between the User and ClickSendNow. By using the site, the user agrees that he/she has read and understood the Terms and Conditions set out herein and acknowledges that these Terms and Conditions, and amendments thereto from time to time, in their entirety shall bind the user.

Our terms contain specific provisions which limit our liability; allocate risk or liability to you, or constitute acknowledgment of facts by you. Please pay specific attention to these terms since they limit the user’s ability to recover losses incurred in connection with the use of the Site and the ClickSendNow Services.

By using this site the user warrants that the user is 18 (eighteen) years of age or older and of full legal capacity. If the user is under the age of 18 (eighteen) or not legally permitted to enter into a binding agreement, then the user may use the site only with the involvement and supervision of the user’s parent or legal guardian. If the user’s parent or legal guardian supervises and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for the user and all of the User’s obligations under these Terms and Conditions.

The user shall not, and shall not assist any third party to copy or reproduce all or any part of the website, or create derivative works thereof without ClickSendNow’s written consent. All material on www.clicksendnow.co.za is protected by copyright. All the website’s intellectual property rights are specifically reserved.

South African Reserve Bank Requirements

Transaction Declaration:

By agreeing to the ClickSendNow Terms and Conditions outlined in this agreement and by confirming a payment order, the user declares that:

I have read this document and know and understand the contents thereof;
the information furnished by the user is in all respects both true and correct;
the currency or transfer of value applied for will only be used for the specific purpose stated herein;
the documentation presented in support of this application is in all respects authentic;
I have been informed of the limit applicable to the approved transaction and confirm that this limit will not be exceeded as a result of the conclusion of this transaction or any ongoing limits; and
I consent to this information being provided to the South African Revenue Service and/or the Financial Intelligence Centre.

Discretionary Limits

Discretionary limits are set by the Regulator and are based on the classification of your registration with us at the outset. Such limits for managing transactions are set on our platform and it is each user’s responsibility to ensure that you do not surpass your daily and monthly limits.

By agreeing to the ClickSendNow Terms and Conditions, the user assumes responsibility for remaining within the user’s daily and/or monthly limits while using ClickSendNow or any other Financial Institution, as it relates to the transfer of funds out of the Republic of South Africa.

South African Reserve Bank BOP Reporting

ClickSendNow issues the South African Reserve Bank with a report for every completed payment order and corresponding pay-out. This report includes your personal information, the recipient’s personal details, as provided by you, and details of the completed transaction (payment order; payment; pay-out).

ClickSendNow takes the user’s personal details from the FICA documents as submitted to us. By submitting the FICA documents and using the ClickSendNow service, you agree to let ClickSendNow take your personal details from the FICA documents and use them for ClickSendNow SARB reporting as prescribed by law.

ClickSendNow 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 ClickSendNow has passed on to these institutions or bodies.

You agree that the information you provide to ClickSendNow for SARB reporting purposes and at all other times will be true, accurate, current, and complete. Furthermore, you agree to ensure that this information remains accurate and up-to-date at all times. Should we have reason to believe that the information or documents you have provided us with are false and/or tampered with in any way, we will immediately close your account and notify the relevant authority/(ies).

The personal data we collect includes without limitation your full name, residential address, identification number, contact number, email address, biometric information in the form of a selfie image, and other personally identifiable information.

Should the user be a foreigner, the personal data we collect includes without limitation your passport, work permit, and/or asylum seekers permit, if applicable.

All ClickSendNow clients must select the Balance of Payment (“BOP”) category relevant to the payment remittance as follows:

Clients with a South African Identification Document (“ID”): category 401;

Clients with a Foreign Passport:

Migrant Worker Remittances: category 416;

Foreign National Contract Worker Remittances: category 417.

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

Documentation Provided By User

ClickSendNow collects personal information from you, which you voluntarily provide during the registration process for the ClickSendNow services. The collection and storage of these documents are a legal requirement imposed on ClickSendNow by the Financial Intelligence Centre Act (“FICA”) and other legislation. By providing these documents, you are agreeing that the Financial Intelligence Centre (“FIC”) and/or other relevant regulatory bodies, may at any time request these documents from ClickSendNow to assist with an audit or on any other grounds. ClickSendNow has an obligation to provide regulatory bodies, to whom it is accountable and will be accountable in the future, with such documentation upon their request.

You agree that the information you provide to ClickSendNow at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information remains accurate and up-to-date at all times. Should ClickSendNow have reason to believe that the information or documents provided, are false and/or tampered with in any way, we will immediately close your account and notify the relevant authority(ies).

ClickSendNow only allows persons to register herself/himself in her/his personal capacity. A client can not register or act on behalf of or the authority/proxy/mandate of another client or individual.

By confirming a payment order, the user confirms that the information displayed in your personal “My profile” tab on the website, is correct and up to date.

Description Of Products And Services

ClickSendNow is a payment transfer operator upon whose mobile app, users can create payment orders. Upon creation of a payment order and settlement by the client through the designated payment channels, ClickSendNow will provide payment to an individual as designated by the client.

Export Restriction

The ClickSendNow Services are available to South African users only and may not be used by legal entities or natural persons residing outside of the Republic of South Africa.

Mobile App Access

You will be required to choose a 5 (five) digit access pin to secure your access to the ClickSendNow mobile app when registering for the ClickSendNow services. You may not reveal your access pin to anyone else, nor may you use anyone else’s access pin. We are not responsible for losses incurred by you including but not limited to, the use of your account by any person other than you, arising as the result of misuse of access pins. The user accepts that the user will be personally liable for all transactions concluded on the user’s account.

Payment

We are committed to providing secure online payment facilities. Our online payment options are administered by PayGate (Pty) Ltd, an approved specialist third-party payment provider for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Payments will be accepted via Visa, MasterCard, Diners, or American Express Cards, or a ClickSendNow eWallet (refer to the eWallet Terms and Conditions) or prepaid card (refer to the prepaid card Terms and Conditions).

Where payment is made by credit card, additional information may be required to authorise and/or verify the validity of payment. In such cases, we reserve the right to withhold authorisation of the transaction until the additional information is received by us. If we do not receive authorisation, the transaction will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of payment. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website.

Remittance Transactions

Payment Orders

A payment order instruction is created on the mobile app by selecting the “Send Money” button. This will initiate the creation of a transaction referred to herein as a “payment order”. This payment order will contain information surrounding the sender, receiver, financial particulars, exchange rates, reporting, and related aspects.

Once a payment order is successfully paid, the receiver will be issued with a secure “pin code”. This pin code will allow the receiver to use their ID document to collect payment at any collection point of our pay-out partners.

Once a transaction is settled, the funds will be immediately available for collection by the recipient.

Settlement Of Payment Order

By creating a remittance payment order, you request a designated amount to be paid to your designated recipient, utilizing an exchange rate. The exchange rate used by ClickSendNow will be indicated clearly during the payment order process. By creating an order on the site, you agree to the exchange rate provided by ClickSendNow at the point in time at which the transaction is taking place.

Please note that ClickSendNow will not be obliged to pay out the designated amount to the recipient before receiving full payment of the designated amount, payable in respect of the payment order created.

Should we not receive payment, for any reason whatsoever, at the point of payment order creation, the transaction is cancelled.

All incoming payments must be in South African Rand (ZAR) into the designated bank accounts/authorisation of bank/prepaid debit card/wallet as ClickSendNow does not accept any other currencies. All incoming payments must be made by prepaid debit card or by payment using the customer’s Clicksendnow wallet. We do not accept cash deposits or EFT at any of our designated banks for remittance transactions.

ClickSendNow charges a fee for its services which will be displayed on the order page. This service fee will be added to all payment orders to provide the client with a total amount payable before the payment order is processed. By confirming the payment order, you acknowledge that ClickSendNow will charge a service fee for the payment transfer service.

ClickSendNow’s service fee is inclusive of VAT and we reserve the right to change the service fee or exchange rate at any time.

Pay-out

ClickSendNow will pay out the funds to the designated recipient upon receipt of payment. The pay-out option may differ depending on the recipient country and/or the option which the user selected in the “send money” process. Please visit the website or mobile app to view the pay-out options.

ClickSendNow will endeavor to make payment to the designated recipient within 24 (twenty-four) hours from receipt of payment for a valid payment order. Should ClickSendNow encounter a technical problem and a pay-out has not occurred or been made available within the 24 (twenty-four) hour time period, the user will be entitled to a full refund of the payment order amount. Should a user fail to contact ClickSendNow in the aforementioned instance to recall the transaction and request a refund, ClickSendNow will continue to proceed with the transaction.

ClickSendNow relies on implementing partners in the recipient countries to facilitate the pay-outs. ClickSendNow cannot be held liable for any technical, financial, or other problems of any sort on the side of our implementing partners, even if the implementing partner delays a payout or a payout fails to occur. ClickSendNow will endeavor to assist both the sender and receiver, in communication with the implementing partners, to remedy such situations.

Cancellation Of Payment Orders And Refunds

You may cancel a payment order if pay-out to the recipient for a fully settled payment order, has not occurred. If pay-out has not been made, you may request ClickSendNow to cancel the order by contacting ClickSendNow’s Support Centre at:

support@clicksendnow.co.za or call or Whatsapp 087 240 5400.

Payments can be cancelled on request however, there is no guarantee that the cancellation will be successful. Charges will not be reversed to your account and there may be additional charges from the pay-out partner, which will be for your account. Only once the pay-out partner has confirmed the cancellation of the transaction, will the money be credited back to your account. The latter might not be at the same exchange rate at which you initially paid for the currency.

Cancellations cannot be guaranteed and will attract a cancellation fee of R100.00. This cancellation fee may be amended and/or waived by ClickSendNow at its sole discretion.

Cancellation of payment orders where paid-out failed to occur in the recipient/designated country will only be made at the discretion of ClickSendNow. Should ClickSendNow accept a cancellation request, the payment order will be refunded in full, less the initial service fee.

ClickSendNow will not be liable for the refund of a payment order that was sent to the incorrect recipient and has already been paid out if such an error was made by the user.

Recipients

The user provides ClickSendNow with personal information relating to the designated recipients. The personal information, i.e. the name and telephone number of the recipients, must be correct as per the intended recipient’s national identification document. ClickSendNow will not be held liable for a pay-out erroneously made to the incorrect recipient if the user provided an incorrect name and/or telephone number.

Should the incorrect recipient details be provided, the user is required to contact the Support Centre by emailing: support@clicksendnow.co.za to request an amendment of the recipient details of the payment order.

The amendment of recipient details will attract an administration fee of R100.00. ClickSendNow may waive and/or amend this administration fee at its sole discretion.

It is the sole responsibility of the sender and recipient to ensure that the pay-out pin code remains secure. ClickSendNow will not be responsible for any losses incurred by the sender or recipient as a result of an unauthorised third party accessing the pin code.

Electronic Communication

The user authorises ClickSendNow to accept all instructions and consents, and any other documentation or communication if transmitted via data message which appears to originate from the user and act upon the instruction/s. The user indemnifies ClickSendNow against all loss arising out of or in connection with the risks involved in the use of data messaging.

Disclaimer of Warranties and Liabilities

The ClickSendNow services are provided to you, subject to your statutory rights but are otherwise provided without any warranty and not subject to any condition, express or implied, except as specifically stated in the Terms and Conditions. ClickSendNow shall make reasonable efforts to ensure that payment orders are processed promptly.

Our services are largely dependent upon factors beyond our control, including but not limited to, delays in the banking system and telecommunication systems of mobile phone networks, etc. We will make every effort to meet the timeframe regarding pay-outs to recipients, but certain factors may delay the amount of time needed to complete processing and we cannot guarantee that every pay-out will be completed within the time frame.

Whilst we will strive to ensure that we are operational at all times, we do not guarantee continuous, uninterrupted, or secure access to the service and operation of the Site and/or mobile systems. We shall not be liable for any delay or failure in the provision of our services or the working of our Site and Service where such failure is due to factors beyond our reasonable control, save that we will use reasonable endeavors to fulfill our obligations hereunder.

ClickSendNow shall not be responsible or liable for any failure or delay in the performance of its obligations under this agreement, arising out of or caused by, directly or indirectly, forces beyond our control, including but not limited to, strikes, pandemics, accidents, acts of God, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes and interruptions, loss or malfunctions of communications or computer services; it being understood that ClickSendNow shall use reasonable efforts which are consistent with best practice in the banking industry to resume performance as soon as practicable under the circumstances.

ClickSendNow relies on a variety of firms and partners to implement our services. We shall not be liable for any delay or failure in the provision of our services due to a delay or failure in the provision of our partners’ services or the working of their sites and services. This relates to, yet not exclusively to, SMS notifications, all banking, financial services, mobile phone network, and website services.

ClickSendNow will at all times aim to ensure that the details of the services offered on our Site are displayed and described accurately, however, we do not warrant the same. We are not liable for any loss arising from any omissions or inaccuracies pertaining to such display and description. We will not be held liable for any indirect, special, or consequential losses of any kind whatsoever arising in connection with any payment order, whether in contract, statute, or delict, save to the extent that such liability is excluded by law.

You acknowledge that your access to the Site may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to restore the Site as soon as we reasonably can.

Client Privacy

ClickSendNow’s compliance with privacy legislation is set out in our Privacy Policy which is available on our site.

ClickSendNow applies best practices within the cybersecurity space, including but not limited to, the backing-up of data, using multi-factor authentication, using the principle of least privilege, and employing a risk-based approach to cybersecurity.

ClickSendNow aligns itself and adheres to the provisions of the Cybercrimes Act 19 of 2020.

For verification purposes, we reserve the right to request proof of identification in an offline format. Your IP address and access times are tracked against your user identification to prevent fraud and create an audit trail when sending payment or logging onto our secure server.

A cookie is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user returns. ClickSendNow sets cookies to help identify and track users, their usage of our service, and users’ website access preferences.

ClickSendNow users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using ClickSendNow’s site, with the drawback that some features of ClickSendNow’s site may not function properly without the aid of cookies.

By accepting our Terms and Conditions, you authorise ClickSendNow to screen and/or validate a user’s personal information to confirm each user’s identity.

Restricted Activities

The following uses are prohibited by the ClickSendNow Terms and Conditions. Any account found to be created for the following uses will be closed:

Using the ClickSendNow service while impersonating any person or entity and/or falsely claiming an affiliation with any person or entity.

Using the ClickSendNow service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, and/or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature.

Using the ClickSendNow Services for any illegal purpose, or in violation of any local, provincial, national, or international law, including but not limited to, laws governing intellectual property, taxation, and other proprietary rights, data protection, and privacy.

Using the ClickSendNow service to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent.

Using the ClickSendNow Platform if you are under the age of eighteen (18).

Using the ClickSendNow services to personate a private banking institution.

Using the ClickSendNow Services in any manner that could damage, disable, overburden, or impair it, including but not limited to, using the ClickSendNow Service in an automated manner.

Using ClickSendNow to intentionally interfere with user’s or registered recipients’ enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Using ClickSendNow in any way that assists you in violating any law, common law, statute, or ordinance.

Using ClickSendNow to send or receive what ClickSendNow reasonably believes to be potentially fraudulent funds.

Using your account or the ClickSendNow Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to ClickSendNow, a user, a third party, or yourself.

Using your account or the ClickSendNow Services in a manner that ClickSendNow or any bank, financial institution, or card payment network reasonably believe to be an abuse of the payment card system, a violation of payment card network rules, or a violation of any banking rules or laws.

Using the ClickSendNow services to collect or contribute payment for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive.

Using ClickSendNow to control an account that is linked to another account that has engaged in any of the aforementioned activities. ClickSendNow may use evidence, other than your account information, to determine whether you control an account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.

Using ClickSendNow to collect payments that support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes, or certain multi-level marketing programs.

Using ClickSendNow to sell:

Items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction.

Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.

Items that encourage, promote, facilitate or instruct others to engage in illegal activity.

Items that promote, support, or glorify acts of violence or harm towards self or others.

Drugs, alcohol, or drug paraphernalia.

Items that are obscene or pornographic.

Real estate or motor vehicles.

Live animals.

You agree that ClickSendNow may freeze funds that are reasonably deemed by ClickSendNow to have resulted from fraud or any prohibited behaviour outlined in this section.

ClickSendNow may suspend or terminate an account if we suspect that a user engaged in or is about to engage in or is linked to fraudulent activity relating to ClickSendNow’s service.

In the event that ClickSendNow is unable to verify a user’s information or reasonably believes that a user may expose ClickSendNow to legal liability or financial loss, ClickSendNow may suspend, terminate or limit your account without notice.

Marketing Material

The user authorises ClickSendNow and its affiliates, if any, without any prior approval by the user, to send the user marketing material from time to time. The foregoing authorisation shall remain in effect unless the user notifies ClickSendNow in writing that such authorisation is revoked.

Account Passwords And Registration

Should you have reason to believe that your account is no longer secure (e.g. in the event of a loss, theft, or unauthorized disclosure or use of your email address, password, or any credit, debit, or charge card number) you agree to immediately, or as soon as reasonably possible, notify ClickSendNow at support@clicksendnow.co.za.

Complaints

Complaints and claims must be brought to the attention of ClickSendNow by emailing: support@clicksendnow.co.za or text via Whatsapp on 087 240 5400.

Domicilium and Notices

The Site is governed by the laws of the Republic of South Africa and ClickSendNow chooses as its domicilium citandi et executandi, for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:

Cegela House, 20 Hope Street 7200 Hermanus Western Cape

Clicksendnow Contact Details

Physical Address: 20 Hope Street, Cegela House, Hermanus 7200 Western Cape South Africa

Email address: hello@clicksendnow.co.za

Contact Number: 087 240 5400

General

Any failure on the part of the user or ClickSendNow to enforce any right in terms hereof shall not constitute a waiver of that right.

ClickSendNow may, in its sole discretion, change this agreement or any part thereof at any time without notice.

If any term or condition contained in these Terms and Conditions is declared invalid, the remaining terms and conditions will remain in full force and effect.

These Terms and Conditions will be governed by South African law and you consent to the jurisdiction of the relevant Magistrate’s Court.

No addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

These Terms and Conditions contain the whole agreement between the user and ClickSendNow and no other warranty or undertaking is valid unless contained in this agreement between the parties.