Terms & Conditions
Welcome to the Imali Express website (including all webpages, subdomains and subparts therein contained, the “Site”) of Imali Express Forex (Pty) Ltd 1986/000516/07 t/a Imali (“Imali”, “we”, “us” and/or “our”). The Site has been created (i) to provide information about Imali (ii) to provide customized payment transfer services (the “Imali Services”). Imali is a Category 2 Licenced Authorised Dealer in Foreign Exchange with Limited Authority (ADLA) so authorised by the South African Reserve Bank to conduct cross border remittance and payment services in association with pay out-partners.
Use of our services are subject to our terms and conditions, which are set out on our websites and web apps. When transacting you will be asked to confirm that you have read and understood our terms and conditions for use of our services at all times. We may change our terms from time to time and such changes will take effect as and when published on this Site.
South African Reserve Bank Requirements
Registration and Transaction Form
By agreeing to the Imali Express Terms and Conditions set forth in this document and by confirming a transfer order, you, the customer, declare that:
- I have read this document and know and understand the contents thereof.
- The information furnished above is in all respects both true and correct.
- The remittance currency applied for will only be used for the specific purpose stated herein.
- Supporting documentation presented with this application is in all respects authentic.
- I have been informed of the limit applicable to the confirmed transaction and confirm that this limit will not be exceeded as a result of the conclusion of this transaction and any ongoing limits; and
- I consent to this information being provided to the South African Revenue Service and/or the Financial Intelligence Centre and/or the Financial Services Board.
Discretionary Limits
South African Reserve Bank BOP Reporting
For every successfully completed remittance order and corresponding pay-out, Imali issues the South African Reserve Bank with a report. This report includes your personal details, the recipient’s personal details, as provided by you and details of the completed transaction (payment order, payment, pay-out).
Imali takes your personal details from the FICA documents you submit to us. By submitting the FICA documents and using the Imali service you agree to let Imali take your personal details from the FICA documents and use them for Imali’s SARB reporting as prescribed by law.
Imali 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 Imali has passed on to these institutions or bodies.
You agree that the information you provide to Imali for SARB reporting purposes and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. If 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 any relevant authority.
The personal data we collect includes without limitation your name, address and other personally identifiable information.
All Imali Customers with a South African ID must select the BOP category relevant to the payment remittance: 401.
For All Imali Customers with a Foreign Passport, the BOP category relevant for the payment remittance is 417 & Migrant Worker, Refugee & Asylum Seekers is 416. For further information, please visit www.resbank.co.za
Legal Requirements
Imali may disclose your Personal Data subject to POPIA, if required to do so by law (including, without limitation responding to a warrant or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect and defend the rights or property of Imali, (iii) to act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) to protect against legal liability.
FICA Documents
Imali collects personal data from you, which you voluntarily provide during the registration process for the Imali Services. The collection and storage of these documents (Proof of ID, Proof of Income, and Proof of Residence) are a legal requirement imposed on Imali by the Financial Intelligence Centre Act (FICA). By providing these documents and agreeing to our terms you are agreeing that the FIC (Financial Intelligence Centre) may at any time request these documents from Imali with regard to a FICA audit or on any other grounds. Imali has to and will provide the FIC with these documents upon request.
You agree that the information you provide to Imali upon registration for FICA purposes and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. If we have reason to believe that the information or documents you have provided us with are false and tampered with in any way, we will immediately close your account and notify any relevant authority.
Imali only allows persons to register herself / himself in her / his personal capacity. A customer cannot register or act on behalf or on the authority of another customer. By confirming a payment order you confirm that the information displayed in your personal my profile tab on the website is correct.
Important Notice
Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. Please pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our Site and the Imali Services.
The site is only available to persons over 18 years of age.
For clarification purpose for terminology:
- Site means both website and web app
- Pay-out means the payment of the amount as designated by the customer in the remittance order and payment in full of the pay order, minus the Imali fee and following the conversion using the exchange rate as agreed upon in the order process.
Detailed description of goods and services
We are a payment transfer operator. On our site users can create payment orders. Upon creation of a payment order and settlement by the customer through the designated payment channels, Imali will provide payment to an individual as designated by the customer via our pay-at partner/s.
Export restriction
The Imali 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.
Username and Passwords
You will be required to choose a username email and password when registering for the Imali services. You will be required to enter your username and password every time you want to make a payment order.
You may not reveal your account password(s) to anyone else, nor may you use anyone else’s password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords. You accept that you will be personally liable for all transactions concluded on your account.
Payment
By creating a payment order you request a certain amount of payment to be paid to your designated recipient, utilizing a certain exchange rate. The exchange rate used by Imali is clearly shown in the “order process”. By creating an order on the site, you agree to the exchange rate provided by Imali at that point in time.
Please note that Imali will not be obliged to pay out the designated amount to the recipient prior to receiving full payment of the full agreed amount payable in respect of the payment order created.
Should we not receive payment, for any reason whatsoever, your payment order will expire within the designated time. Should we receive payment following the expiry of the payment order, we cannot guarantee the same exchange rate. You will have to create a new payment order to match the received payment and a new exchange rate might apply.
All incoming payments into the iMali PWA must be in South African Rand (ZAR), we do not accept any other currencies.
Pay-out
Imali will pay out the funds to the designated recipient only once payment has been received in full. The pay-out option may differ depending on the recipient country or your choice in the “create payment order process”. Please ask the registration officer or view the website for your choices and the Pay-out option.
Imali will endeavour to process the payment to the within 24 hours of having received payment in full for a valid payment order. Should Imali encounter a technical problem and a pay-out does not occur.
Imali relies on implementing partners in the recipient countries for the pay-outs. Imali cannot be held responsible for any technical or financial problems or any problems of any sort of our implementing partners, even if this delays a pay-out or a pay-out never occurs. Imali will endeavour to assist both the sender and receiver in communication with our implementing partners to receive the pay-out.
Cancellation of Payment Orders
A transaction may be cancelled by Imali if iMali does not receive payment from you.
In the event that the name of recipient does not match the ID provided, the agent may at their discretion not authorize the cash pay-out. In such circumstances, the customer will need to contact Imali to amend the pay-out order to correct such error or apply for a refund of funds. Please note that refunds can only be processed back to the originating bank account/ bank/wallet used to initiate the original payment order. The exchange rate may vary from the rate used at time of the payment order. Imali reserves the right to charge a change fee of 100ZAR.
In the event that the beneficiary or beneficiary banking or wallet details have been entered incorrectly, Imali will not held responsible for any losses suffered through the use of the iMali Express website.
Recipients
You provide us with the information (name, telephone number and date of birth) regarding your recipients. The name and telephone number of the recipients must be correct and matching. We cannot be responsible for a pay-out going to the wrong person if you have provided us with an incorrect telephone number.
Disclaimer of Warranties and Liabilities
The Imali 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 Site. We shall make reasonable efforts to ensure that payment orders are processed in a timely manner.
We will endeavour to process pay-outs to the recipient as soon as possible, but we make no representations or warranties regarding the amount of time needed to complete processing because our services are largely dependent upon many factors beyond our control, such as, without being limited to, the dependency on our pay-out partner/s; delays in the banking system and telecommunication systems of mobile phone networks.
Whilst we will do our best to maintain the operation of our services, we do not guarantee continuous, uninterrupted or secure access to the service and operation of the Site and mobile systems may be affected by numerous factors beyond our control. 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 endeavours to fulfil our obligations hereunder.
Imali 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 any delay or failure in the provision our partners’ services or the working of their sites and services. This relates to, yet not exclusively to, Mastercard services, SMS notifications, all banking, financial services, mobile phone network and website services.
Although we at all times attempt to ensure that the details of the service offered on our Site are displayed and described accurately, we do not warrant same and disclaim to the maximum extent permitted by law any liability 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.
Customer privacy policy
Imali undertakes to take all due care with any information (such as your personal details, Proof of Identification, Proof of Income, Proof of Residence) which you may provide to us when accessing our website.
The company cannot guarantee the security of any information, which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Storing of Customer details
For verification purposes we reserve the right to request proof of identification in an off-line format. Your IP address and access times can be tracked against your user id for the purpose of preventing fraud and creating an audit trail when sending a payment or logging onto our secure server. A cookie is a small text file that is stored on a user’s computer for record- keeping purposes. We may use cookies on the Site and link the information we store in cookies to any personal identification information you submit while on the Site.
Storing of Customer details
The following uses are prohibited by the Imali Terms of service. Any account found to be created for the following uses will be closed:
- Using the Imali service while impersonating any person or entity, falsely claiming an affiliation with any person or entity.
- Using the Imali Services for any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy.
- Using the Imali Platform if you are under the age of eighteen (18).
- Using the Imali Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Imali Service in an automated manner.
- Using Imali to intentionally interfere with a User’s or Registered Recipient’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Using Imali in any way that assists you in violating any law, statute or ordinance.
- Using Imali to send or receive what Imali reasonably believes to be potentially fraudulent funds.
- Using Your Account or the Imali Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Imali, a User, a third party or you.
- Using Your Account or the Imali Services in a manner that Imali 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 Imali 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 Imali to control an Account that is linked to another Account that has engaged in any of the foregoing activities. Imali 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.
Account Passwords and Registration
You agree that the information you provide to Imali upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. If 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, if applicable), then you agree to immediately notify Imali.
Domicilium and Notices
The Site is governed by the laws of the Republic of South Africa and Imali chooses as its dwelling (“domicilium”), for all purposes, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Paarl Address: 272 Main Road Paarl 7646
Changes to Terms of Use
Imali Express reserves the right to amend, change, revise or update the Terms contained herein from time to time in its sole discretion by posting a revised version on the Imali Express website.
Except as otherwise required by law, the revised version will be effective at the time of posting to the Imali Express website.
You are expected to check the website from time to time to take notice of any changes to these terms that have been made as they are binding on you.
You may terminate your use of the Imali Express’s services if you do not agree with any changes made to these Terms.
Your continued use of Imali Express’s services following the posting of revised Terms means that you accept and agree to the changes.
General
The terms of the Site and all relevant terms implied herein by applicable law constitute the entire agreement between you and us in respect of the use of the Site and the Imali Services offered.
