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Terms of Use
Updated 2016-01-01

1-INTERPRETATION: The “Company” refers to the provider of this application and/or  its related services in the respective region or it’s assignees; "Customers" means customers of the company (being merchants or users) or customers of merchants; "User" means you being either a Merchant or a Customer, being the natural or legal person which has entered into this Agreement acknowledged by usage of this website or software program or provided services; “Concession” refers to any payment or credit granted by the company to the User with respect to a transaction that was not processed by the User in accordance with the strict provisions herein; “Pin number” refers to a unique identification number, which upon input into a compatible device grants the end-user a credit value for the use of the services as offered by a SP; “SP” refers to any service provider (or their agents) such as Telephony Networks, Electricity Suppliers, Postal Services, Municipalities, Banks and/or any other providers of services (a SP also refers to the company where the company is the provider of a particular service); “Terminal equipment” refers to devices capable of accepting the input of data and communicating such data to remote computer networks and/or any other peripheral equipment supplied by the company; “Software program” refers to programs supplied by the company enabling the use of services of the company; “Instructions” refers to communications by the User to the company (e.g by telephone, e-mail, terminal equipment or fax); Reference to natural persons includes legal persons and vice versa, references to singular includes plural and vice versa, references to any gender includes the other gender; The company & User are independent & nothing herein shall be interpreted as to imply that they are partners, joint undertakers or shareholders for any purpose whatsoever.

2-PAYMENTS: Amounts due to the company shall be paid to the company, free of deduction and without any set-off whatsoever. The company shall have the right to set off and/or claim back any concessions from the User at any time should the User’s account be outstanding. Overdue amounts shall attract interest at a permissible rate chosen by the company compounded monthly until the date of settlement. Upon termination of the agreement for any reason, all amounts owed by the User to the company shall become immediately due and payable

3-LEGAL ACTION: The User hereby grants the Company the right to institute any legal action of whatsoever nature (in the name of the User as the plaintiff) against any customer or any other course of action if fraudulent activity is suspected. The User hereby undertakes to give the company its full cooperation and assistance in any legal action, including the signing of affidavits and attendance at Court, if required.

4-DEBIT INSTRUCTIONS: Should the User authorize the company and its bankers to draw against its bank account or credit card, such instructions shall be irrevocable and the User acknowledges that it shall under no circumstances whatsoever reverse, cancel or stop any payment related to any such instructions.

5-DAMAGES: The company is hereby exempted from and shall not be liable under any circumstances whatsoever to the User for any loss, damage, whether indirect, consequential or otherwise, or for any loss, profits of other special damages of any kind whether within the contemplation of the parties or not, as the User may suffer arising out of this agreement. The User indemnifies the company against any action for damages or otherwise (resulting as a direct or indirect consequence of the company’s performance) brought against it, by a customer, SP, end user or any other party.

6-DISPUTES: At the option of the company any action or application arising out of this agreement may be brought in any court that the company may agree to elect, and the User hereby consents to the jurisdiction thereof. The User shall not under any circumstances withhold any payment of whatsoever nature from the company, notwithstanding any claim against the company. Queries by Users regarding the accuracy of their account with the company, must be submitted in writing no later than 30 days, failing which the User shall have no claim thereof. Any dispute relating to any fees shall be referred to the company’s auditors who shall act as an expert and whose decision shall be final and binding on the parties. Any performance or non-performance by a SP and/or any other party shall in no way effect the User’s obligations to the company, and the User shall not use such performance or lack thereof as a defense against any claim by the company. The User undertakes that it shall not, under any circumstances, refund a customer for the purchase of a pin number or voucher but shall refer the matter to the company or an SP for resolution with any such customer. In a case where a customer has stopped payment or performed a chargeback on a card transaction the following shall apply: The SP shall, at its sole discretion determine the validity of any such stop payment/chargeback; In a case where such chargeback/ stop payment is valid (e.g. inadequate delivery of goods/ services), the SP shall be entitled to claim back from the User any funds previously paid out to the User in lieu of such transaction. Should a dispute between a customer and a User occur, the User shall to the best of his ability attempt to resolve the matter failing which the User shall have no claim whatsoever against an SP with respect to any performed transaction. The User must inform the company in writing within seven (7) days after it has come to its attention that its customer has indicated a dispute in respect of the transaction which gave rise to a chargeback or a stopped payment.

7-SOFTWARE, PASSWORDS AND DELIVERIES: Ownership and copyright to the software program shall vest solely with the company. Unless purchased by the User, Ownership of any supplied hardware to the User shall vest with the company and shall be returned to the company on demand at the User’s own expense. The Comapny provides its services based on undertakings by Users as outlined herein and/or in any client agreement, association agreement, distributor agreement and/or any other procedure manual. Should you, as the User, not be aware of your obligations to such terms and conditions please contact us immediately. Your usage of this site constitutes your agreement to all the prescribed terms and conditions. When applicable, you are solely and entirely responsible for maintaining the confidentiality of your data, password and user code. You must notify us immediately if any unauthorized use of your password or user code or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your Password or User Code, either with or without your knowledge. However, you could be held liable in the case where someone else using your User Code or Password. You may not use anyone else's User Code at any time, without the permission of the User Code holder. The information available through our websites may include inaccuracies or errors. All information received via this site or any respective site should be checked or reconciled and independently verified. This site has been created for your convenience and we do not warrant or guarantee its contents. We reserve the right to change the terms and conditions for usage of this site at anytime. We may also make improvements and/or changes to this site at any time. We reserve the right, at our sole and absolute discretion to terminate your access to any of our related services.All risks including the risk of destruction or loss shall pass to the User on taking delivery of any goods or services from the company.

8-AMENDMENTS AND NOTICES: The Company may amend or substitute any terms of this agreement by giving a 30 day notice to the User. Should any terms of this agreement or any respective charges be influenced by any directive of an SP or change in market conditions then the company shall be entitled to amend the terms of this agreement so as to reflect such with immediate effect & without notice to the User. No amendments or substitutions shall constitute a variation of any prior obligations of the User to company, save as to where the old terms are inconsistent with the new terms.

9-CANCELLATION: This agreement may be terminated in the case of the User, subject to no outstanding payments, by giving the company written a 7 day written notice and/or in the case of the company, at any time, by giving the User immediate notice. A cancellation of this agreement shall in no way vary or alter the User's obligations or liability to the company as contained herein.

10-RIGHT OF CESSION: The company is entitled to cede, without notice to the User, all or any of its rights under this agreement, either absolutely or as collateral security, to any other legal person or persons and whether such cession is made to the cessionary alone or to the cessionary jointly and severally with the company, and if such cession occurs, the User, if so required by any such cessionary, make all payments direct to such cessionary. Any reference in this agreement to the company shall, unless the context indicates otherwise, be construed as referring to the cessionary. The User hereby undertakes to accept the cession and to acknowledge the rights of the cessionary in terms of this clause.

11 UNDERTAKINGS BY THE User: The User undertakes: Not to do anything that damages the good name & reputation of the company, it’s assignees or associates; Not to, under any circumstances whatsoever, induce or persuade customer of the company to subscribe to any service of a competing third party; To keep equipment & passwords safe from unpermitted access; Not to cede or assign any of its rights or obligations in terms of this agreement without the prior written consent of the company; That the obtainment of services from the company does not infringe on any other agreement the User has with a SP. To comply with any terms & conditions issued by an SP or the company as may be published periodically; To ensure that this Agreement does not violate any law, or conflict with any other agreement of the User and to ensure there is no action or proceeding threatening the User’s ability to perform its obligations herein.

12-GENERAL: The Company has the sole right to approve or decline to enter into this agreement or to exclude the offering of some of its services or its transaction processing to the User. The User acknowledges that submitted instructions are subject to delays & discrepancies and hence indemnifies and holds the company and its bankers harmless against any claim whatsoever arising out of any submitted instructions. The User agrees that all the terms herein are material to this agreement. The User hereby grants the company to the right to record on audio tape (or any other format) any conversations between the User and the company. This constitutes the entire agreement between the parties, any other agreement between the parties must be reduced to writing. No representation, warranties or undertakings have been made except as incorporated herein. None of the terms herein is capable of being cancelled, waived, amended unless reduced to writing; The provisions hereof shall, be binding upon the parties, executors, trustees, curators, legatees, heirs & successors in title. No indulgence granted by any party, shall constitute a waiver or novation of any respective future right, nor shall any single or partial exercise of any right preclude any other or future exercise thereof. This agreement is not subject to any suspensive condition. Each clause of herein is severable and if found defective or unenforceable the remaining clauses shall be of full force & effect. A certificate under the hand of any manager of the company or cessionary, in respect of indebtedness of the User shall be prima facie evidence of such indebtedness. The User agrees on behalf of itself, its directors & associates that the company is entitled to communicate to any Credit Bureau regarding their credit worthiness; The validity & interpretation of this agreement will be governed by the laws of the state of usage of the program as determined by the company.

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