Terms and Conditions

Welcome to the www.riamoneytransfer.co.za website (the “Website”) and the mobile application (the “App”), together (the “Application”), home of Ria Money Transfer South Africa powered by 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 send money to 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 Ria Money Transfer for the sending service subject to these Terms of Use and applicable law.

 

These Terms and Conditions and our Privacy Policy constitute a binding agreement between you (“You”, the “Sender”, the “User”, the “Registered User”) and Ria Money Transfer.

 

These Terms and Conditions govern the terms under which You use the Application and the Ria Money Transfer Service .Your continued use of the Application or/and the clicking of the “Submit” button when registering to use the Ria Money Transfer Service shall serve as proof that the User or the Registered 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 Money Transfer Transactions and/or any other products or services of Ria Money Transfer 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 Ria Money Transfer, 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 Ria Money Transfer, 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.

  • “Money Transfer Transaction” means the transmission of funds via the Ria Money Transfer Service to a designated Recipient pursuant to an instruction received from a Sender.

  • “Pay-Out Partner” means an entity appointed by Ria Money Transfer to pay out a Money Transfer Transaction in the country identified in the Sender’s payment instructions when initiating a Money Transfer Transaction.

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

  • “Receiving Currency” means the Legal Tender recognised in the country in which the Recipient resides.

  • “Recipient” means the Person 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.

  • “Ria Money Transfer” means Ria Money Transferor any entity controlling or controlled by Ria Money Transfer(an “Affiliate”) from time to time which is contracted to register new customers as Registered Users of the Ria Money Transfer Service 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 Ria Money Transfer.

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

  • “Ria Money Transfer Service” means the international money transfer service operated by Ria Money Transfer which provides Registered Users in South Africa with the ability to initiate money transfers to designated recipients outside South Africa.

  • “Ria Money Transfer Service Fee” means the fee paid by a Sender when creating an order for a Money Transfer Transaction.

  • “Sender”, “You”, ‘’Registered User’’ or ‘’User’’ means, where applicable, the Person who is a registered user of the Ria Money Transfer 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, 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 Ria Money Transfer Service.

  • ‘’Website’’ means the Ria Money Transfer website at www.riamoneytransfer.co.za,

  • the terms ‘’We’’ and ‘’Us’’ refer to, where applicable,  Ria Money Transfer, its affiliates and the respective shareholders, affiliates, officers, directors, employees, agents, successors and assigns or any subsidiary of a holding company of Ria Money Transfer from time to time which is contracted to register new customers as users of the Ria Money Transfer Service.

• 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 Ria Money Transfer Service to You.

• The User must register to become Registered User of the Ria Money Transfer Service using the Application to provide various Personal Data.

• Once the User is successfully registered to become a Registered User, the Registered User can use the Ria Money Transfer Service for Money Transfer Transactions.

• As stated in Section 4. Privacy, You will need to submit certain personal data when registering as a User of the Ria Money Transfer Service to ensure compliance with any applicable law, FIC, and where applicable the Ria Money Transfer KYC Policy and, where applicable, Ria Money Transfer Agent’s KYC Policy.

• Ria Money Transfer/ Ria Money Transfer 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 may register as a User or a Registered User of the Ria Money Transfer Service. By registering to the Ria Money Transfer Service, You represent and warrant that You are at  least of a Legal Age to form a binding agreement with Ria Money Transfer/ Ria Money Transfer Agent.

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

• For security reasons, Ria Money Transfer recommends that You only send money through the Ria Money Transfer Service to a Person You know personally. You must not use the Ria Money Transfer Service to send money to a Person You don’t know personally as 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 breach of security. You agree that You are only allowed to create and maintain (1) one Registered User account (the “Ria Account”).

• Ria Money Transfer or its Affiliate reserves the right, in its sole discretion, to disable/suspend Your Ria Account for any or no reason, including if, in Ria Money Transfer/ Ria Money Transfer 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 registering as a User of the Ria Money Transfer Service and by initiating a Money Transfer Transaction:

• 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 Ria Money Transfer/ Ria Money Transfer 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 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 Ria Money Transfer/ Ria Money Transfer Service for personal use and not for commercial use.

 

 

4. Privacy

 

• Ria Money Transfer/ Ria Money Transfer 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.riamoneytransfer.co.za

• To register as a Recipient of the Ria Money Transfer 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 Ria Money Transfer and the Ria Money Transfer Agent, where applicable. All documents confirming such personal data are referred to as KYC documents. You acknowledge that all personal data, information and documentation which You provide to Ria Money Transfer/ Ria Money Transfer 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, Ria Money Transfer/ Ria Money Transfer Agent has reason to believe that the information or documentation provided is false or altered in any way, Your Ria Money Transfer 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 Ria Money Transfer/ Ria Money Transfer Agent in respect of a FIC audit or on any other grounds and that Ria Money Transfer/ Ria Money Transfer 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 Ria Money Transfer/ Ria Money Transfer 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 Ria Money Transfer/ Ria Money Transfer 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 Ria Money Transfer/ Ria Money Transfer 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 ComplianceZA@riamoneytransfer.com.

 

 

5. Single Discretionary Allowance

 

• South African residents who have attained the Legal Age 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 Person per calendar year without the requirement to obtain a tax clearance certificate in respect of foreign investments from the South African Revenue Service. South African students under the Legal Age may be permitted to avail of a Single Discretionary Allowance within an overall limit of R200,000.00 (TWO HUNDRED THOUSAND RAND) per Person per calendar year.

• The single discretionary allowance includes the services of money transfer and travel.

• It is Your responsibility to ensure that You do not exceed Your Single Discretionary Allowance.

• The Single Discretionary Allowance is valid from 1st of January to 31st of December each year and resets on the 1st of January every year.

• By agreeing to these Terms and Conditions, You assume responsibility for not exceeding Your Single Discretionary Allowance while using the Ria Money Transfer Service or any other Financial Institution to transfer funds out of South Africa.

 

 

6. Reporting to Regulators

 

• Every Money Transfer Transaction successfully completed via the Ria Money Transfer 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 Know Your Client (“KYC”) documents submitted upon registration.

• By submitting Your KYC documents and using the Ria Money Transfer Service, You agree to allow Ria Money Transfer/ Ria Money Transfer Agent to use Your personal details as reflected on the KYC documents when submitting the prescribed reports to SARB.

• Ria Money Transfer holds the right, in its sole discretion, to perform adverse media searches as part of our customer and partner on-boarding program.

• Ria Money Transfer will send customer and transactional information to the Financial Intelligence Centre as part of a regulatory requirement.

• Ria Money Transfer/ Ria Money Transfer 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

 

 

 

 

7. 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 Ria Money Transfer Service Fee from You, the Receiving Amount will be made available for collection by Your designated Recipient after concluding the necessary compliance obligations including but not limited to sanction screening of designated beneficiary 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, 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.

• 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 Ria Money Transfer and Ria Money Transfer Agent accept no responsibility for any losses incurred to the Recipient during the Forex Exchange.

• It is the sole responsibility of the Sender to communicate with their intended recipient on collection points and the collection pin (where applicable) and Ria Money Transfer and/or Ria Money Transfer 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 Ria Money Transfer and/or Ria Money Transfer Agent as a cancelled the Money Transfer 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 Ria Money Transfer 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.

 

 

8. Ria Money Transfer Services Fees

 

• Registering with the Ria Money Transfer Service is free of charge. We are however entitled to charge a fee as varying commission charges are applicable dependent on the country for each Money Transfer Transaction.

• The User is liable to pay the Ria Money Transfer Service Fee to Us and the Ria Money Transfer Service Fee is due at the time that the User instructs Ria Money Transfer / Ria Money Transfer Agent to process Your Money Transfer Transaction.

• Any unpaid instructions/order will be automatically expired at 00:00 (Midnight) each day and the User limit will be returned to his profile/Ria Account for the amount of this instruction/order.

• The User hereby agrees that the Service Fees will be added to the Money Transfer Transaction when funds are transmitted via the Ria Money Transfer Service to a designated Recipient pursuant to an instruction received from a Sender.

• The Ria Money Transfer Service Fee can be changed at any time and at the sole discretion of Ria Money Transfer.

 

 

9. Money Transfer Transaction Cancellations and refunds

 

• If We are notified 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 will refund the full amount paid to the Sender including fees by instructing the Pay-Out Partner to refund the amount.

• Your refund will be in South African Rand (ZAR).

• Your refund will be according to the exchange rate on the original transaction including fees and therefore, there will not be a difference in the Receiving Amount and the amount refunded.

• All refunds shall be available within 14 (fourteen) calendar days of the date on which the refund is received from the Pay-Out Partner.

• You can request refund only during the period of three (3) years from transaction date. At the expiry of this period, such a request will not be considered.

• Confirms that payment has been made to the Recipient:

• There will be no refund to the Sender of either the Receiving Amount or the Ria Money Transfer Service Fee.

 

 

10. Restrictions for Money Transfer Transactions

 

• Ria Money Transfer/ Ria Money Transfer Agent 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 Ria Money Transfer Service is offered exclusively for the personal money transfer needs of users. Any other use or attempted use of the Ria 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.

• 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 or any other reasons, You are obliged to contact Ria Money Transfer/ Ria Money Transfer Agent to correct any errors in the information provided. If the Recipient contacts Ria Money Transfer/ Ria Money Transfer Agent directly, he will be advised to contact You to resolve the matter. Ria Money Transfer and Ria Money Transfer Agent 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.

 

 

11. Breach

 

• Ria Money Transfer/ Ria Money Transfer Agent 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 Ria Money Transfer Service is offered exclusively for the personal money transfer needs of users. Any other use or attempted use of the Ria 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.

• 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 or any other reasons, You are obliged to contact Ria Money Transfer/ Ria Money Transfer Agent to correct any errors in the information provided. If the Recipient contacts Ria Money Transfer/ Ria Money Transfer Agent directly, he will be advised to contact You to resolve the matter. Ria Money Transfer and Ria Money Transfer Agent 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. Marketing

 

• By your continuous access to our website and/or the opening of a User Account, you consent to allow Ria Money Transfer/ Ria Money Transfer Agent to send You marketing messages from time to time.

• Ria Money Transfer/ Ria Money Transfer Agent will not allow third-parties to send marketing messages to You using the information You have provided  to Ria Money Transfer/ Ria Money Transfer Agent.

 

 

13. Intellectual Property

 

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

 

 

14. No Warranty

 

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

• The Application and/or the Ria Money Transfer Service is provided “as is” and as and when available and, to the extent permissible by law, Ria Money Transfer/ Ria Money Transfer 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.

 

 

16. 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 Ria Money Transfer Service following the posting of revised Terms of Use means that You accept and agree to the changes.

 

 

17. 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 Ria 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 Ria Money Transfer Services, the Application, the servers, the networks and computer systems, the network resources, the Ria 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 Ria 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 Ria Money Transfer Services or anything in these terms and conditions, are excluded unless expressly included in these Terms and Conditions.

• The maximum liability of Ria Money Transfer 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 Ria Money Transfer, 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.

 

 

18. 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 Ria 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 Ria Money Transfer Services in accordance with this Agreement.

 

 

19. 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.

 

 

20. No Waiver

 

• No relaxation, indulgence or extension of time granted by Ria Money Transfer 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.

 

 

21. 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.

 

 

22. 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 Ria Money Transfer Services, the User is deemed to accept the amendment, variation or update as binding.

 

 

23. 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.

 

 

24. 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.

 

 

25. 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.

• Ria Money Transfer 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.

 

 

26. Ria Money Transfer Support

 

• Please direct all queries and complaints to:

• Telephone number: 0861 660 660

• Email address: customercare@riamoneytransfer.co.za

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