Terms and Conditions of Service
1.
Introduction
1.1.
This Website can be accessed at
"http://www.appturepay.com/", and is owned and operated by Appture (Pty) Ltd..
1.2.
These
Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale
and delivery of Goods, and the use of the Website as a facilitator or broker of
our service providers between the Paying Party and the Receiving Party.
1.3.
These
Terms and Conditions are binding and enforceable against every person that
accesses or uses this Website (“you”, “your” or “User”).
1.4.
By
using the Website and by clicking on the “Sign Up” button on the Website, as
may be applicable, you acknowledge that you have read and agree to be bound by
these Terms and Conditions.
1.5.
Important
clauses, which may limit our liability or responsibly or involve some risk for
You, may be in bold to draw Your attention to these clauses.
1.6.
It is
Your responsibility to decide if Appture Pay is suitable and adequate for your
purposes and Appture Pay makes no warranties or representations in that regard.
1.7.
If
there is any provision in these Terms and Conditions that you do not
understand, it is your responsibility to ask us to explain it to you before you
accept the Terms and Conditions or continue using the Website.
1.8.
Appture
Pay permits the use of this Website subject to the Terms and Conditions. By
using this Website in any way, you shall be deemed to have accepted all the
Terms and Conditions unconditionally and irrevocably. You must not use this
Website if you do not agree to the Terms and Conditions.
1.9.
It is
the Users’ duty to ensure that they have read and understood these Terms and
Conditions before making use of the website.
1.10.
These
Terms and Conditions may be updated from time to time and it remains the
responsibility of Users to make certain that they are aware of such
changes/updates.
1.10.1.
The
revised version of Appture Pay’s Terms and Conditions will be uploaded on our
Website. The revised version will be effective at the time we post it on the
Website. Your continued use of the Website and Services will be seen as and be
deemed to be your acceptance of any change to these Terms and Conditions.
1.11.
Please note
that You can stop being a Registered User by cancelling Your Account and User
Profile. In this instance Appture Pay will only retain your Personal
Information subject to any legislative requirement and/or our internal
retention policy.
2.
What
is Appture Pay?
2.1.
“Appture
Pay” is a unified internet cloud-based application and solution available to
online traders and ecommerce traders for the processing of payments, calculation
of courier costs, and dispatching of couriers (“Services”) as a facilitator or
broker of our service providers between the Paying Party and the Receiving
Party.
2.2.
Appture
Pay is not a bank as defined in the Banks Act 94 of 1990, nor is Appture Pay an
accountable institution as defined in the Financial Intelligence Centre Act 38
of 2001.
3.
Definitions
3.1.
In
these Terms and Conditions the following words shall have the meanings provided
hereunder:
3.1.1.
“Appture
Pay”, “we”, “us”, “our”, and “Proprietor” shall mean Appture (Pty) Ltd
(Registration Number: 2015/348528/07) as well as its affiliates, associates,
employees, owners and/or directors or agents or any other person associated
with the Proprietor, and who has its principal place of business at Unit 4,
Geo2 Building, Gleneagle Office Park, 217 Koorsboom Avenue, Glen Erasmia,
Kempton Park, Johannesburg, South Africa, Email address: help@appturepay.com, and who is the owner of this Website;
3.1.2.
“Fees”
shall mean the charges payable by a User for using the Services;
3.1.3.
“Fraudulent
transaction” shall mean any transaction that would constitute fraud in terms of
South African law and includes any transaction made by someone other than the
User, whether authorized or not;
3.1.4.
“Goods”
shall mean the items sold by the Registered User;
3.1.5.
“Personal
Information”, “Special Personal Information”, and “process/processing” bear the
same meanings as set out in POPIA.
3.1.6.
“Paying
Party”, and “Payers” shall mean the person who is making payment to a Receiving
Party, and includes but is not limited to a Third Party Seller;
3.1.7.
“Receiving
Party”, and “Receivers” shall mean persons who are receiving payment;
3.1.8.
“Registered
User” shall mean a User who has duly registered in accordance with these Terms
and Conditions;
3.1.9.
“Third
Party Seller” shall mean the seller of the Goods to the User;
3.1.10.
“Transaction”
shall mean the purchase of any Services from Appture Pay over the internet
using the Website;
3.1.11.
“User”
shall mean a person using this Website and shall include Registered Users and
the term “You” shall be synonymous therewith;
3.1.12.
“Account”
shall mean the digital accounting system whereby a Registered User’s credits
and debits from their account are displayed;
3.1.13.
“Website”
shall mean www.appturepay.com and
includes all related mobi-sites and software applications.
3.2.
In
these Terms and Conditions the referral to any one gender shall be taken to
refer to all genders.
3.3.
In
these Terms and Conditions the referral to person shall include both natural
and juristic persons as well as trusts.
3.4.
In
these Terms and Conditions the referral to the plural shall import the singular
and vice versa.
3.5.
In
these Terms and Conditions, headings and titles shall be for the purposes of
ease of reading and shall not affect the interpretation.
4.
User
Profile Creation
Before
making full use of this Website, the User is required to register an account by
providing a valid email address and a secure password and go through an
accreditation and activation process.
5.
Account
System
Once
the User has registered with Appture Pay and becomes a Registered User, their
account will be assigned a unique Account ID which should only be used by the
Registered User to transact on the Website by making and receiving payments and
accessing the Services.
6.
Using
the Services / Making and receiving payments
6.1.
A
Registered User can, upon approved registration, immediately receive payments into his/her Account.
6.2.
Receiving
party must be registered. Paying party making recurring payments or Account
transfers must be registered. All other direct payments facilitated by our
payment gateway does not require a user to register.
7.
User/Company
profiles
7.1.1.
registered
company name/full name as on Identity Document;
7.1.2.
registration
number/identity number;
7.1.3.
registered
physical address;
7.1.4.
owner/s
names (shareholders/members);
7.1.5.
owner/s
identity number/s;
7.1.6.
directors’
names;
7.1.7.
directors’
identity numbers;
7.1.8.
telephone
number;
7.1.9.
cell
phone number;
7.1.10.
email
address;
7.1.11.
Your
website URL;
7.1.12.
Logo/image;
7.1.13.
Your
bank account details.
7.2.
The
Company Profile is used to identity Payers and Receivers and is in place to
assist the User to find the correct person to pay/receive payments from.
7.3.
The
information provided by a User is voluntarily entered by the person creating
the User and/or Company Profile and is not checked and/or verified by Appture
Pay.
7.4.
When a
User uses this Website, and/or completes its information and/or registers as a
Registered User of Appture Pay, such person irrevocably consents to:
7.4.1.
Appture
Pay using and processing all such information, including but not limited to
Personal Information and Special Personal Information (as defined in The
Protection of Personal Information Act 4 of 2013 “POPIA”) in order to give
effect to these Terms and Conditions;
7.4.2.
Appture
Pay sending the User’s information to a third party as may be necessary in
order to provide the Services to the User.
7.4.3.
Appture
Pay’s Privacy Policy, as well as any other Appture Pay policy that may be
implemented at the sole election of Appture Pay, which are to be read as if
specifically incorporated into the Terms and Conditions, and which is available
on the Website.
7.5.
As
such, it is always the responsibility of the User to make absolutely certain
that the person paying them or who they are paying is the correct person. Once
a transaction is submitted, it cannot be reversed.
7.6.
You
will need to use your unique username and password to access the Website in
order to transact and use the Services.
7.7.
You
agree and warrant that:
7.7.1.
Your
username and password shall:
7.7.1.1.
be
used for Your own use only; and
7.7.1.2.
not be
disclosed by You to any third party,
7.7.2.
You
are authorized to enter into and to agree upon these Terms and Conditions;
7.7.3.
You
are authorized to register as a User and to use the Services;
7.7.4.
That
the information provided by You is true and correct;
7.7.5.
It is
Your sole responsibility to prevent fraudulent transactions and/or Services
from being processed on your User Profile and Appture Pay shall not be held
liable for any fraudulent transactions or Services processed on Your User
Profile.
7.8.
For
security purposes You agree to enter the correct username and password whenever
transacting and using the Services, failing which You will be denied access.
7.9.
You
agree that, once the correct username and password relating to Your
User/Company Profile have been entered, irrespective of whether the use of the
username and password is authorized, unauthorized or fraudulent, You will be
liable for payment for the transaction and Services used.
7.10.
You
agree to notify Appture Pay immediately upon becoming aware of or reasonably
suspecting any unauthorized or fraudulent access to or use of your username and
password and to take steps to mitigate any resultant loss or harm.
7.11.
Appture
Pay reserves its rights to refuse, without notice, to process or settle any
transaction, or to provide any Services submitted to Us if We believe that the
transaction violates these Terms and Conditions or exposes any person to harm.
This includes transactions suspected of being linked to fraud or criminal
activity. If any criminal, irregular, fraudulent or unauthorized activity is
detected or suspected, you hereby give express irrevocable permission for Us to
share all relevant details, including but not limited to Your information and
transactions, with any banking institution, South African Revenue Service, law
enforcement agencies or any Regulatory Authority (including but not limited to
the Financial Intelligence Centre).
7.12.
By
using the Website You warrant that You are 18 (eighteen) years of age or older,
if you are transacting on behalf of a juristic person that You are a duly authorized
and appointed representative, and You are of full legal capacity. If You are
under the age of 18 (eighteen) or if You are not legally permitted to enter
into a binding agreement, then You may use the Website only with the
involvement and supervision of Your parent or legal guardian, or authorized
company representative. If your parent or legal guardian, or authorized justice
person representative, supervises You and gives his/her consent, then such
person agrees to be bound to these Terms and Conditions and to be liable and
responsible for You and all Your obligations under these Terms and Conditions.
7.13.
Appture
Pay reserves the right to request additional information from You, should it be
deemed appropriate (in Appture Pay’s sole discretion) and You confirm that you
will send any such requested additional information within 5 business days of
receiving such a request from Appture Pay.
7.14.
You
agree that You will not in any way use any device, software, or other
instrument to interfere or attempt to interfere with the proper working of the
Website.
7.14.1.
In
addition, you agree that you will not in any way use any robot, spider, other
automatic device, or manual process to monitor, copy, distribute or modify the
Website or the information contained herein, without the prior written consent
from an authorized Appture Pay representative (such consent is deemed given for
standard search engine technology employed by Internet search websites to
direct Internet users to this Website).
7.15.
You
may not use the Website to distribute material which is defamatory, offensive,
contains or amounts to hate speech or is otherwise unlawful.
7.16.
You
may not in any way display, publish, copy, print, post or otherwise use the
Website and/or the information contained therein without the express prior
written consent of the Proprietor.
7.17.
Termination
of these Terms and Conditions does not relieve You of Your obligations in terms
hereof, and Appture Pay has Your irrevocably confirm that Appture Pay may
continue to hold any funds deemed necessary to finalize any pending transaction
or to complete any Services in terms hereof.
7.18.
You
confirm that you have already or will forthwith incorporate the following into
your own website so that customers can make an informed buying decision:
7.18.1.
Goods
or services on offer by the User;
7.18.2.
Details
of the User’s return and refund policies;
7.18.3.
User’s
customer service contact details, which includes an email address and telephone
number;
7.18.4.
Total
price of the goods and/or services You offer (all pricing must be in South
African Rand);
7.18.5.
Disclosure
that Appture Pay is not the provider/supplier of Your goods and/or services
offered.
8.
Bank
Accounts
8.1.
In
order to initiate a withdrawal of funds, the User must have a bank account
associated with their Account.
8.2.
Certain
information is required in order to make use of a bank account, which
information will be provided by the User to allow Appture Pay to process
withdrawals.
8.3.
Bank
account details are not checked and/or verified by Appture Pay and it is the
User’s sole responsibility to ensure that these details are correct.
9.
Courier
Integration
9.1.
The
Website facilitates a User with the ability to organize couriers, including
collections and deliveries as well as payment.
9.2.
Required
information as requested during the registration process as a Registered User
must be provided by the User if the User wishes to make use of this function.
9.3.
Fees
are added to the quoted costs of couriers before the User sees the quote i.e.
the quote is inclusive of Appture Pay’s fees as well as VAT thereon.
10.
Accounting
10.1.
Each
User is allocated their own unique Account ID.
10.2.
This
Account ID allows the User’s transaction to be identified and an accurate
accounting record to be kept.
10.3.
Each time
the User pays a Receiver, their Account will be debited with the amount equal
thereto.
10.4.
Each
time the User receives a payment, their Account will be credited with the
amount equal thereto, less any charges/fees/commission payable.
11.
Fees
11.1.
In exchange
for the Proprietor providing the Services, Appture Pay will be paid a fee (plus
VAT) by the User for each transaction.
11.2.
Appture
Pay’s fee is paid by the Receiving Party once the Receiving Party is paid by
the Paying Party into their Account.
11.3.
Appture
Pay’s fee is based on the size of the transaction.
11.4. Appture Pay’s fee excludes VAT and therefore VAT will
be charged on its fees.
11.5.
It is
up to the Receiving Party to ensure that they receive the correct amount from
the Paying Party (after taking courier charges, Appture Pay’s fees and VAT into
consideration.
11.6.
Fees
in respect of couriers are paid by the Receiving Party and are included in the
quote price brokered and facilitated by Appture Pay for the transaction and
Services provided.
11.7.
Appture
Pay Fees are subject to change at any time and at the sole discretion of
Appture Pay.
11.7.1.
The
revised Fees shall be made available on our Website and will be effective from
the moment of upload onto the Website.
11.8.
Your
continued use of the Website and Services will be seen as and deemed as Your
acceptance of any change to Appture Pay’s Fees.
11.9.
You
are liable for and irrevocably authorize Us to debit your bank account with:
11.9.1.
Our
Fees and charges;
11.9.2.
Any
overpayments made to you in error, or omission, or unlawfully, or if
unauthorized;
11.9.3.
Any
fines imposed by any Regulatory Authority on us where You do not comply with
the applicable laws.
11.10. You irrevocably authorize Us to set off any debts due
by You in terms of these Terms and Conditions against any credit that may be
due to You.
12.
Payment
gateway
12.1.
Appture
Pay is committed to providing secure online payment facilities. All
transactions are processed by a secure third party payment processor.
12.1.1.
The
third party “payment processor” shall mean a third party payment processor, who
is not the Proprietor, but a separate entity and who provides secure technical
services that allow the Services and transaction to be processed and be paid
for by the User.
12.2.
The
payment processor is responsible for ensuring that payments are processed.
12.3.
Deposits
into Accounts are processed by the payment processor and paid into the
Proprietor’s account.
12.4.
Before
each transaction takes place, an entry is created in the Proprietor’s database
to keep track of the transaction.
12.5.
Various
information is kept in order to track each transaction accurately and to
maintain records.
12.6.
When
transactions take place using credit/debit cards, other than certain reference
information which includes a partial card number which is given to the
Proprietor by the payment processor to confirm that the card details were
saved, all other transaction and User information is stored by the payment
processor and not the Proprietor.
12.6.1.
If You
are using a debit or credit card to pay for the Services, We may require
additional information in order to authorize and/or verify the validity of Your
payment. In such cases, We may withhold the Services until such time as the
additional information is received by Us and authorization is obtained by Us
for any amounts due by You.
12.6.2.
If we
do not receive authorization, Your order for the Services and the transaction
may be cancelled. You warrant that You are fully authorized to use the debit
card, or credit card supplied for purposes of paying for the Services and
processing the transaction.
12.6.3.
You
also warrant that your debit card or credit card has sufficient available funds
to cover all the costs and Fees incurred as a result of the Services used on
the Website.
12.7.
Appture
Pay hereby advises You that Nedbank Ltd and/or any of its affiliates, is not
the provider of the Services, nor is Nedbank Ltd and/or any of its affiliates
responsible for fulfilment of any transaction or the provision of the Services.
12.8.
Appture
Pay may, in its sole discretion, refuse to process or suspend or cancel any
transaction or provide any Services without giving any reasons therefor.
13.
Limitation
of Liability & Indemnity
13.1.
Save
as specifically set out in these Terms and Conditions, Appture Pay does not
make any representations or warranties.
13.2.
The
User hereby indemnifies the Proprietor against any and all harm and/or damages,
including but not limited to special, general, direct, indirect, or
consequential damages, that the User may suffer as result of using the Website
and/or using Appture Pay.
13.3.
The
Proprietor of the Website and any of its affiliates, associates, employees,
owners and/or directors or agents or any other person associated with the
Proprietor shall not bear any liability whatsoever for the use of the Website.
13.4.
The
Proprietor does not assume any liability for products and/or services purchased
by using Appture Pay. The User hereby indemnifies the Proprietor for any and
all losses and/or claims in this regard, including any such claims levied by
any third party as against the Proprietor as a result of their transactions
with the User via Appture Pay.
13.5.
The
Services are provided on an “as is” and “as available” basis.
13.6.
The
User makes use of this Website at their own risk and is, at all times,
responsible for making certain that they make payments to and receive payments
from the correct persons.
13.7.
The
User is solely responsible for ensuring that they trade within the confines of
the laws of South Africa or any other applicable laws and the Proprietor shall
not bear any responsibility for Users abusing this website in any way.
13.8.
The
Proprietor cannot guarantee the functionality of this Website at any time and,
as such, shall not bear any liability in respect of the failure of this Website
or any associated functions or of the payment processor.
13.9.
The
Proprietor cannot guarantee that unscrupulous individuals will not breach the
security of the Website or any of its associated functions or that of the
payment processor, and whilst the Proprietor shall do its utmost to protect all
personal information it holds, no liability shall fall upon Proprietor by
virtue of any breaches in security.
13.10. The Proprietor is subject to the laws of the Republic
of South Africa and all other laws applicable and, as such, cannot be held
liable for complying with the said laws, including legislative requirements,
regulatory requirements, or court orders etc.
13.11. The Proprietor is not responsible for the accuracy of
the information contained on this Website and, as such, shall not be held
accountable for any inaccuracies.
13.12. The Proprietor has no control over the information
provided by the User and, as such, it always remains the responsibility of the
User to ensure that they do not engage with any other User without first
ensuring that they are indeed who they purport to be.
13.13. Any mistaken payments will not be the responsibility
of the Proprietor. The User is solely responsible for their own payments and to
ensure that they pay the correct party.
13.14. Any fraudulent conduct by any User shall not be the
responsibility of the Proprietor. Users must report any instances of fraudulent
conduct to Appture Pay to be dealt with accordingly.
13.15. Confidentiality of information provided on this
Website is not guaranteed by the Proprietor and, as such, the Proprietor shall
not be liable for any confidential information accessed by unauthorized persons
and/or data breaches.
13.16. The Proprietor bears no liability for damages or costs
or any other claims arising as a result of the use of this Website, whether
direct or indirect, and, as such, disclaims any such liability. This includes
any errors in payment, mis-deliveries, late deliveries, non-deliveries,
incorrect payments, delays, loss of data, network or system outages, file
corruption and/or Service interruptions and/or Service failures.
13.17. The Proprietor does not guarantee the correctness of
information acquired or supplied and can in no way be held liable by the User
for any damages suffered by the User, or any person, acting upon such
information.
13.18. The Services offered by Appture Pay may be terminated
at any time at the instance and in the sole discretion of Appture Pay. Appture
Pay cannot be held liable for any damages for the termination of its Services.
13.19. Any dispute between the User and the Paying Party,
and/or User and Receiving Party, and or the User and the payment processor,
howsoever arising is deemed to be a dispute between those parties, as may be
applicable, and the Proprietor is not a party thereto. The Proprietor will in
no way be held liable by the user for any damages suffered by such user
pursuant to any dispute.
13.20. The Proprietor is not responsible for, gives no
warranties, nor makes any representations in respect of the privacy policies or
practices of linked or any third party websites.
13.21. The Proprietor only provides the platform to
facilitate the Services and transactions between Users.
13.22. In the event that the User wishes to dispute any
Services and/or Fees of Appture Pay, the User will have 48 hours from Appture
Pay processing the User’s requested Services, whereafter the User shall be
time-barred from pursuing any dispute; the User being deemed to have confirmed
the Services and Fees of Appture Pay.
13.22.1. As may be applicable in the circumstances, this clause
should not be seen as contracting out of or a contravention of the User’s
non-variable consumer rights as set out in the Consumer Protection Act
13.23.
In
case of any Investigations by legal authorities or banking authorities or our
service providers, we are bound by their terms and conditions and processes and
cannot be held liable for any delays on outcomes or withholding of funds.
13.24.
We are
bound by our Service providers’ terms and conditions and processes and cannot
be held liable for any disputes or losses.
14.
User
conduct
14.1.
The
User:
14.1.1.
Must
not use this Website in contravention of any laws or regulations;
14.1.2.
Must
not interfere with or interrupt the security of this Website;
14.1.3.
Must
not abuse this Website in any manner and must not use the information contained
on this Website to abuse/injure any other person;
14.1.4.
Must
not attempt to steal personal information from this Website or any associated
functionality, or from the payment processor;
14.1.5.
Must
not upload/transmit harmful material onto this Website or link this Website to
harmful material including but not limited to viruses, malware, phishing
technology, or any material which violates any law or regulation;
14.1.6.
Must
not make use of any information on this Website in order to create spam, chain
electronic mails, junk mail or any other unsolicited communications to any
Users of this Website;
14.1.7.
Has
the responsibility to ensure that they use this Website fairly and in line with
reasonableness.
14.2.
Failure
to make use of this Website in a reasonable manner, including but not limited
to violations of these Terms and Conditions, may result in the suspension and
deletion of the User’s account.
14.3.
Any
suspected criminal activity will be reported to the relevant authority for
investigation.
15.
Intellectual
property rights
15.1.
All
content, data, logos and/or trademarks contained on this Website are the
property of the Proprietor and are duly licensed to the Proprietor and, as
such, are protected in terms thereof.
15.2.
No
person is authorized, without express permission from Appture Pay, to link to
this Website from any other website.
15.3.
Any
links from this Website are followed at the User’s own risk and Appture Pay
shall not bear liability therefor.
15.4.
You
must not copy, adapt, modify, later, de-compile, reverse engineer, attempt to
derive the source code of, create derivative works of, or otherwise attempt to
reproduce the Website and/or Services, the Appture Pay Intellectual property
therein, its content, design, any updates or any proprietary features therein.
15.5.
You
must not establish any hyperlink, frame, metatag or similar reference, whether
electronically or otherwise, or any other reference to Appture Pay, the Website
and/or the Services.
16.
Severability
& Relaxation
16.1.
Should
any portion of these Terms and Conditions be found not to be enforceable, that
portion may be severed from the whole and the remainder shall remain
enforceable, as far as possible, and with the necessary adjustments.
16.2.
Any
relaxation or indulgence or extension of time granted by the Proprietor to the
User will not mean that the Proprietor has mollified or waived any of its
rights as against the User.
17.
Liability
for costs
17.1.
In the
event of Appture Pay having to institute legal proceedings in order to enforce
any claims against the User, the User shall be responsible for the costs
thereof on the attorney and client scale.
18.
Domicilium
and Notices
18.1.
The
parties choose as their respective domicilia citandi et executandi (appointed
address for acceptance of all legal letters, court documents and formal
processes) for all purposes in terms of these Terms and Conditions as:
18.1.1.
For
the Proprietor, the address and email address set out at clause 3.1.2 herein above; and
18.1.2.
For
the User, the address and email address as provided by the User in the
registration process as set out in clause 14.3 herein above.
19.
Governing
Law
19.1.
Appture
Pay falls under the jurisdiction of South African Law and these Terms and
Conditions shall be interpreted and applied in accordance therewith.
19.2.
In the
event that any provision of these Terms and Conditions is found by any
competent court to be defective or unenforceable, the remain clauses of these
Terms and Conditions shall continue to be of full force and effect.
19.3.
Any
dispute in respect of the Terms and Conditions, and/or Privacy Policy, shall be
dealt with by arbitration, in Gauteng South Africa, using an arbitrator
appointed by the Association of Arbitrators Southern Africa, and their Rules as
in place at the time of referral to arbitration.
Created
Last updated
