Valid as of 1 February 2019
Our Commitment to Privacy
The Services allow (a) an educational institution (the "University") to issue vouchers to students residing in the residences of the University ("Students"), (b) allows Students to spend their vouchers at merchants chosen by the University ("Merchants"), and (c) grants Students access into residence dining hall meals by University staff ("Scanners").`
By using the Services, you agree to comply and be legally bound by the terms of this Agreement.
A. Third Party Agreements
You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that Company is solely responsible for the Services. Your use of the Services may be subject to separate agreements you may enter into with your University, your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., Vodacom, MTN, or Cell-C), and other parties involved in providing your mobile device service. Third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as "Covered Third Parties." You agree to comply with all applicable third party terms of agreement when using the Services. The Company is not a party to those agreements and has no responsibility for the products and services provided by third parties. As an example, this Agreement covers only the running of the Services and does not apply to any other services that the University provides for the Student, Merchants and Scanners.
B. The Services Terms
The Services have three types of users: Students, Scanners and Merchants. The Services can be used in the following ways:
As a Student, you can use the Services to (i) scan into meals in University residences, (ii) request vouchers to spend on campus, and (iii) use the vouchers to make purchases from Merchants.
As a Scanner, you can use the Services to (i) scan Students into University residence dining halls, (ii) issue vouchers to Students, and (iii) cancel Student vouchers.
As a Merchant, you can use the Services to (i) receive voucher payments from Students and (ii) redeem vouchers by withdrawing the voucher funds to your bank account.
You may use the Services on your mobile device through the App. As a Student, you can also use the Services using your student card.
The Company has no responsibility for the actions of your payment recipient or for the subject of the payment. We do not guarantee the identity of any user of the Services or that a sender or a recipient can or will complete a transaction.
1. Eligibility and Account Registration
To be eligible to use the Services, you must reside in the Republic of South Africa, be 18 years or older and use the Services in the Republic of South Africa. If you are under the age of 18, you must have the express consent of your legal guardian to use the Services. To use the Services, a Student must be a registered student at the University, and a Merchant or Scanner must be approved by the University. Any user can be removed from the Services at the University’s or the Company’s discretion.
2. Types of Services
When using the Services, you may have only one personal account for the Services. Some features of personal accounts may be limited based on how you wish to use the Services, and what we know about you. We may require that you provide more information in order to use the Services. Some features of the Services are only available based on your user type (ie: Students, Scanners or Merchant).
3. Identity Authentication
You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
4. Transaction History
You have the right to receive an account statement. You may view your account statement through the Services.
5. Spending and Receiving Vouchers and Scanning into Meals
a. Scanning into Meals
As a Student, you will be able to gain entry to your residence dining hall to have a meal, using the App or using your student card. You will only be able to scan into the residence dining hall for meals that you are eligible for under your University dining plan. You will only be allowed to scan into a dining hall once per meal. You may not allow another person to scan into the dining hall on your behalf, using your student card or the App.
As a Scanner, you will be able to scan Students into the dining hall by scanning their student card or QR code displayed in the App.
b. Receiving / Issuing Vouchers
As a Student, you will be able to request a voucher using the App or from a Scanner using your App QR code or student card. You will only be able to request vouchers for meals that you are eligible for under your University dining plan. You may only receive one voucher per eligible meal. The value of the voucher will be set by the University and can be changed at the University’s discretion. When a voucher is issued to you, your voucher wallet within the Services will be credited with the value of the voucher. Vouchers can be requested any time before a prescribed morning cutoff time. The cutoff time will be set by the University and can be changed at the University’s discretion.
As a Scanner, you will be able to manually issue vouchers to Students by scanning their student card or their QR code in the App. You will only be allowed to issue at most one voucher to any given Student per eligible meal.
c. Spending Vouchers with Campus Merchants
As a Student, you will be able to spend your voucher at Merchants on campus. The maximum value of vouchers that you can spend will depend on the balance in your voucher wallet on the Services. When you spend your vouchers at a Merchant, the value of the transaction will be deducted from your voucher wallet and credited to the Merchant’s wallet. You may not allow another person to spend or receive vouchers on your behalf, using your student card or the App. You may not use the Services by using the App or student card of another user.
As a Merchant, you will be able to receive money from Students as payment for goods. This can be done by the Student scanning your Merchant QR code on the App, or by scanning the Student’s student card or QR code using the App. You may not allow another person to spend or receive vouchers on your behalf, and you may not use the Services by using the App or student card of another user.
We may, at our discretion, impose limits on the amount of you can spend, receive or withdraw through the Services.
e. Refused Transactions
When you send money, the recipient is not required to accept it. You agree that you will not hold the Company liable for any damages resulting from a recipient's decision not to accept a payment made through the Services.
f. Fees for Sending Money
Fees for the Services are set by the Company. These fees may change from time to time in Company’s sole discretion. You may be subject to third party fees, such as insufficient fund fees, reversal fees, or EFT insufficient fund fees that a bank may charge if your payment is rejected. In certain cases, there can be a cost based on your banking package. Eg: transacting from a savings accounts usually have a "withdrawal/transaction" fee.
6. Payment Investigation
Payment investigation is a process by which the Company reviews certain potentially high-risk transactions. If a payment is subject to payment investigation, the Company will place a hold on the payment and may provide notice to the recipient. The Company will conduct a review and either clear or cancel the payment. If the payment is cleared, the Company will provide notice to the recipient. Otherwise, the Company will cancel the payment and the funds will be returned. The Company will provide notice to you by email and/or in the account history tab of your account on the Services if the payment is canceled.
7. Risk of Reversals, Chargebacks and Claims
When you receive a payment, you are liable to the Company for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not the Company, will determine whether the dispute is valid and to whom payment is due. You agree to allow the Company to recover any amounts due to the Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse the Company through other means. If the Company is unable to recover the funds from your primary funding source, the Company may attempt to contact you, the Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
8. Account Balances
If you hold a balance in your wallet on the Services, the Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, the Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in the Company's name.
The Company is not a bank or other chartered depository institution. Funds held by the Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the South African Reserve Bank or any other government agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit.
b. Assignment of Interest to Company
You agree that you will not receive interest or other earnings on the funds that the Company handles and places in pooled accounts. However, in consideration for your use of the Services, you irrevocably pay and assign to the Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants the Company any ownership right to the principal of the funds you maintain with Company.
c. Voucher Expirations
As a Student, the balance that remains in your voucher wallet at the end of each day will be returned to the University. In the event that the balance was not returned to the University at the end of the day, the Company has the the right to reclaim the value of these vouchers from you by deducting the value from your balance on behalf of the University. If you have already spent these vouchers, this deduction may cause your balance to become negative. In this case, the Company may reclaim the money owed to it, as described below.
As a Merchant, your vouchers will not expire.
d. Negative Balances
If the balance in your account is negative for any reason, the Company may set off the negative balance by deducting amounts you owe the Company from money you receive into your account, or money you attempt to withdraw or send from your account. You agree to allow the Company to recover any amounts due to the Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse the Company through other means. If the Company is unable to recover the funds from your primary funding source, the Company may attempt to contact you, the Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
e. Setoff of Past Due Amounts
If you have a negative balance or other past due amount to the Company, the Company may make attempts on your funding source to cover the amounts. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.
f. Security Interest
To secure your performance of this Agreement, you hereby grant to the Company a lien on and security interest in your account and agree to execute any further documentation to perfect these Company rights.
9. Withdrawing Money
a. How to Withdraw Money
If you are a Merchant, you may withdraw funds from your account on the Services by electronically paying them to your bank account.
b. Withdrawal Limits
We reserve the right to delay withdrawals while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can withdraw until the information is verified.
c. Payments to Your Linked Financial Institution Accounts
When you make a payment money from your balance on the Services to your linked financial institution account(s), the EFT rules will govern the payment.
10. Closing Your Account
a. How to Close Your Account
As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by contacting the Company directly at email@example.com.
b. Limitations on Closing Your Account
You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect the Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
c. Automatically Closing Account
For Students who are no longer eligible to use the Services, your personal information will be automatically removed from the Services within one year of you leaving the Services.
11. Item Hold
The Company, in its sole discretion, may place a hold on a payment you receive for a transaction when the Company believes there may be a high level of risk associated with the transaction. If the Company places a hold on your payment, it will show as "pending" in your account on the Services.
a. Release of Item Hold
The Company will release the payment hold after 21 days unless we receive a dispute, claim, chargeback, or reversal on the transaction subject to the hold. The Company may release the hold earlier if the sender of funds provides us confirmation, the Company is able to confirm proper delivery, or the Company otherwise completes its investigation.
b. Additional hold period
If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, the Company may hold the payment in your account until the matter is resolved pursuant to this Agreement.
12. Account Hold and Reserves
For high volume accounts, the Company may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk associated with your account. If your account is subject to a reserve, the Company will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that the Company determines is necessary to protect against the risk associated with your account. The Company may change the terms of the reserve at any time by providing you with notice of the new terms.
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you.
14. Rules and Restrictions for Personal Accounts
The following Rules and Restrictions for personal accounts apply to your use of a personal account under this Agreement.
a. Receiving Money
The Company may impose limits on sending or receiving money. These limits may change from time to time in Company's sole discretion.
b. Transaction Fees for Receiving Money
Fees may change from time to time in Company’s sole discretion.
c. Error in Receiving Money
In the event of an error, you give the Company permission, subject to the Company's compliance with applicable law, to make appropriate corrections by debiting or crediting your balance on the Services, or debiting or crediting your primary or alternate funding sources as applicable.
d. Account Errors
If your account history shows payments you did not make, follow the procedures outlined in this Agreement or contact us at firstname.lastname@example.org.
C. Mobile Applications
1. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers
The App works on an application linked to a particular device and operating system, such as Apple's iOS or Google’s Android operating system. The Company is solely responsible for providing maintenance and support services for the Services. Covered Third Parties have no obligation to provide maintenance or support services for the Services.
Covered Third Parties have no warranty obligations whatsoever with respect to the Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Services to conform to any warranty provided by the Company, if any, will be the Company's sole responsibility.
The Company, not any Covered Third Parties, is responsible for addressing any claims relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Company.
If you are using the Services on an Apple device, you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Services.
2. Services via SMS or Mobile Data
The Services allow you to send and receive payments through your mobile phone via its mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for data. Your phone service provider is not the provider of the Services.
D. General Terms & Conditions
1. Notices to You
2. Business Days
"Business Days" means Monday through Friday, excluding Holidays. "Holidays" means New Year's Day (January 1), Human Rights Day (March 21), Good Friday (as it may be determined), Family Day (as it may be determined), Freedom Day (April 27), Workers Day (May 1), Youth Day (June 16), National Women’s Day (August 9), Heritage Day (September 24), Day of Reconciliation (December 16) and Christmas Day (December 25). If the Holiday falls on a Sunday, the Company shall observe the Holiday on the following Monday.
3. Intellectual Property
You may not copy, imitate or use logos, products and services described in our website and mobile applications without the Company's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are property of the Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by the Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to the Company or the Services or display them in any manner that implies Company's sponsorship or endorsement. All right, title and interest in and to the Company website and any content thereon is the exclusive property of the Company and its licensors.
Certain other product or service names, brand names and company names may be trademarks of their respective owners.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
If you receive information about another user on the Services through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute another user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so.
6. Children's Privacy
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the Services without the consent of their legal guardian. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or payment information to us through the Services. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the "Contact Us" section.
7. Loss or Theft of Account Information, PIN, and Mobile Device
If you believe that any of your account registration information on the Services, PIN or password for the Services, or mobile device containing the App has been lost or stolen, or if your account history shows payments that you did not make, immediately contact the Company via the Contact Us information below or by email to email@example.com.
8. Resolution Procedures for Unauthorized Transactions and Other Errors
a. Protection for Unauthorized Transactions and Other Errors
When an Company Error (defined below) occurs in your account, including Unauthorized Transactions on the Services that occur because your mobile-activated phone has been lost or stolen, the Company will cover you for the full amount of every eligible Unauthorized Transaction or Other Error as long as you follow the procedures discussed below.
"Company Errors" occur when money is either incorrectly credited to your account or incorrectly debited from your account, or when transactions are incorrectly recorded in your account. Company Errors that are covered by the Company are limited to the following events: (i) if you send a payment and we debit an incorrect amount from your account; (ii) if we credit an incorrect amount to your account; (iii) if a transaction is missing from or not properly identified in your account statement; and (iv) if there is a computational or mathematical error by the Company. Routine inquiries about your balance or the status of a pending payment into or out of your account are not considered Company Errors unless you expressly notify us of an Company Error in connection with the payment. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Company Errors. You may request documentation or information regarding your account or transaction to determine whether an Company Error exists by contacting us through the "Contact Us" link on the Company website.
b. Notification Requirements
You should immediately notify Company if you believe: There has been, unauthorized access to your account, or the occurrence of a Company Error; There is an error in your transaction history or your transaction confirmation sent to you by email; Your password has been compromised; Your mobile-activated phone containing the App has been lost, stolen or deactivated; or You need more information about a transaction listed in your transaction history or transaction confirmation email.
To be eligible for 100% protection for Company Errors you must notify us within 60 days after any Company Error first appears in your account statement. If you do not tell us within 60 days after the account statement was made available to you, you may not get back any money you lost after the 60 days. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
You should regularly log into your account and review your transaction history to ensure that there has not been a Company Error. The Company will also send an email to the primary email address on file in order to notify you of each transaction from your account. You should review these emails to ensure that each transaction was authorized and is accurate.
For Company Errors in your account, notify us via email to firstname.lastname@example.org.
When you notify us, provide us with all of the following information: Your name, and the email address and phone number registered to your account; A description of any suspected Company Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and The dollar amount of any suspected Company Error.
During the course of our investigation, we may request additional information from you.
c. Company Actions After Receipt of your Notification
Once you notify us of any suspected Unauthorized Transaction or Other Error, or we otherwise learn of one, we will do the following: We will conduct an investigation to determine whether there has been a Company Error that is eligible for protection. We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Company Error. If your account is new (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new accounts). We will inform you of our decision within 3 Business Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. If we decide that there was not a Company Error, we will include an explanation of our decision in our email or other communications to you. You may request copies of the documents that we used in our investigation.
d. Processing Errors
We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, the Company will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, the Company will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
9. Restricted Activities
In connection with your use of our website, your account, or the Services, or in the course of your interactions with Company, a user or a third party, you will not: breach this Agreement, the card processing Agreement, or any other Agreement that you have entered into with Company (including a policy); violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); infringe the Company's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; provide false, inaccurate or misleading Personal Information; create more than one account on the Services for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information; send or receive what we reasonably believe to be potentially fraudulent funds; refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us; attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction; use an anonymizing proxy; control an account that is linked to another account that has engaged in any of these restricted activities; control or possess more than one account without authorization from the Company; conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you; use the Services to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account; have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services; use your account or the Services in a manner that the Company or its third-party partners reasonably believe to be an abuse of the banking system or a violation of banking rules; allow your account on the Services to have a negative balance; provide yourself a cash advance from your credit card (or help others to do so); disclose or distribute another user on the Service's Personal Information to a third party, or use the information for marketing purposes unless you receive the user's express consent to do so; send unsolicited email to a user or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services; take any action that may cause us to lose any of the Services from our internet service providers, payment processors, or other suppliers.
10. Acceptable Use
You agree you will not use the Services to violate any law, statute, ordinance, or regulation relating to sales of: counterfeit goods; narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety; drug paraphernalia; items that encourage, promote, facilitate or instruct others to engage in illegal activity; items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; items that are considered obscene; items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; certain sexually oriented materials or Services; ammunition, firearms, or certain firearm parts or accessories; or certain weapons or knives regulated under applicable law; Relating to transactions that: show the personal information of third parties in violation of applicable law; support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs; are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; are for the sale of certain items before the seller has control or possession of the item; are by payment processors to collect payments on behalf of merchants; are associated with the sale of traveler's checks or money orders; involve currency exchanges or check cashing businesses provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities Violating applicable laws or industry regulations regarding the sale of: tobacco products; prescription drugs and devices involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; or provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
11. Legal Compliance
You are solely responsible for ensuring that your use of the Services is in conformance with applicable laws and regulations of the Republic of South Africa. By using the Services, you warrant and represent that you are not listed on any Government list of prohibited or restricted parties.
12. Your Liability - Actions We May Take
You are solely responsible for ensuring that your use of the Services is in conformance with applicable laws and regulations.
a. Your Liability
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Company, a user of the Services, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse the Company, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all payments sent using the Services, including but not limited to the accuracy of the amount paid and the recipient. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
b. Actions by Company
If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect the Company, another user of the Services, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following: we may close, suspend, or limit your access to your account or the Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information); we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions; we may update inaccurate information you provided us; we may refuse to provide the Services to you in the future; we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and we may take legal action against you.
Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
13. Account Closure, Termination of Services, or Limited Account Access
If we limit or close your account or terminate your use of the Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
You may stop using the Services at any time or may close your accounts by contacting us. The Company, in its sole discretion, reserves the right to terminate the Services, to terminate this Agreement, or to terminate your access to the Services for any reason and at any time. If we terminate or limit your use of the Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
14. Policy Violation - User Fines
If the Company incurs any damages because you violate our policies, break any laws, or otherwise cause the Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. Company may deduct such fines directly from any existing balance in the offending account, or any other account on the Services that you control.
15. Disputes with the Company
a. Dispute with the Company
If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and the Company regarding the Services may be reported by emailing us at the following email address: email@example.com.
b. Law and Forum for Disputes; Arbitration
This User Agreement shall be governed in all respects by the laws of the Republic of South Africa.
16. Liability of the Company for Failure to Complete Payments
If the Company does not complete a payment to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, the Company will be liable for your losses or damages to the extent required by law. The Company will not be liable: if, through no fault of the Company's, you do not have enough money in your balance; if the funds in your account are subject to legal process or other encumbrance restricting their use; if the Services were not working properly and you knew about the breakdown when you started the payment; if you provided inaccurate or incomplete information regarding the payment; if the payment appears suspicious, fraudulent, or unauthorized, and the Company cannot confirm that it is a legitimate payment, or if the account of either user involved in the payment is under investigation by Company or if the payment is or appears to be prohibited by any applicable law or rules.
17. Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, you assume all responsibility for your use of the Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. The Company does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services, or the servers that process information for the Services, are free of viruses, bugs or other harmful components. On behalf of the Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, the Company makes the following disclaimers set forth in this section: the Services are provided on an "as is", "as available" and "with all faults" basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the Services, or the information, content or other materials related to the Services, whether provided by the Company or any of the Covered Third Parties. Neither the Company nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the Services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the Services, including, but not limited to, your mobile phone or other device.
THE COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE SERVICES, AND YOU AGREE TO HOLD THE COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.
Neither the Company, the Covered Third Parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the Services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of Services, loss of use of the Services, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the Services, any delays in the Services, or the inability to use the Services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.
The Company does not have any control over any products or services that are paid for with the Services and the Company cannot ensure that any party you are dealing with will actually complete the transaction or is authorized to do so.
The Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but the Company makes no representations or warranties regarding the amount of time needed to complete processing because the Company is dependent upon many factors outside of our control, such as delays in the banking system.
18. Limitations on Liability
Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, the Company's cumulative liability to you for any claims or damages arising out of or related to your use of the Services shall not exceed the greater of the fee you paid to Company for the use of the Services or R10.00.
These limitations on liability apply to: anything related to the Services or any application or content made available through the Services; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the Services does not fully compensate you for any losses; or the Company or a Covered Third Party knew or should have known about the possibility of the damages.
These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
19. Licence Grant
You agree to defend, indemnify and hold harmless the Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
21. Assumption of Rights
If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that the Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in the Company's discretion.
22. Release of the Company
If you have a dispute with one or more users relating to payment, the Company is not responsible for any such dispute and you hereby release the Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
23. Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the Services after a new Agreement has been posted, you agree to the revised Agreement.
In the event of termination of this Agreement or the Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
25. Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
27. Independent Contractors
Independent Contractors. The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.
E. How To Contact Us
If you have questions or concerns regarding this Agreement or the Services, or any feedback that you would like us to consider, please email us at firstname.lastname@example.org.