Terms and Conditions of Service

  1. Introduction

    1. This Website can be accessed at "http://www.appturepay.com/", and is owned and operated by Appture (Pty) Ltd..

    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.

    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “User”).

    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.

    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.

    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.

    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.

    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.

    9. It is the Users’ duty to ensure that they have read and understood these Terms and Conditions before making use of the website.

    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. 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.

    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?

    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. 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

    1. In these Terms and Conditions the following words shall have the meanings provided hereunder:

      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;

      2. “Fees” shall mean the charges payable by a User for using the Services;

      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;

      4. “Goods” shall mean the items sold by the Registered User;

      5. “Personal Information”, “Special Personal Information”, and “process/processing” bear the same meanings as set out in POPIA.

      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;

      7. “Receiving Party”, and “Receivers” shall mean persons who are receiving payment;

      8. “Registered User” shall mean a User who has duly registered in accordance with these Terms and Conditions;

      9. “Third Party Seller” shall mean the seller of the Goods to the User;

      10. “Transaction” shall mean the purchase of any Services from Appture Pay over the internet using the Website;

      11. “User” shall mean a person using this Website and shall include Registered Users and the term “You” shall be synonymous therewith;

      12. “Wallet” shall mean the digital accounting system whereby a Registered User’s credits and debits from their account are displayed;

      13. “Website” shall mean www.appturepay.com and includes all related mobi-sites and software applications.

    2. In these Terms and Conditions the referral to any one gender shall be taken to refer to all genders.

    3. In these Terms and Conditions the referral to person shall include both natural and juristic persons as well as trusts.

    4. In these Terms and Conditions the referral to the plural shall import the singular and vice versa.

    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. Wallet System

    Once the User has registered with Appture Pay and becomes a Registered User, their account will be assigned a unique Wallet 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

    1. A Registered User can, upon approved registration, immediately receive payments into his/her Wallet.

    2. Receiving party must be registered. Paying party making recurring payments or wallet transfers must be registered. All other direct payments facilitated by our payment gateway does not require a user to register.

  7. User/Company profiles

    1. In order to register and create a “Company Profile” on the Website, the Registered User must provide certain information, including:

      1. registered company name/full name as on Identity Document;

      2. registration number/identity number;

      3. registered physical address;

      4. owner/s names (shareholders/members);

      5. owner/s identity number/s;

      6. directors’ names;

      7. directors’ identity numbers;

      8. telephone number;

      9. cell phone number;

      10. email address;

      11. Your website URL;

      12. Logo/image;

      13. Your bank account details.

    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.

    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.

    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:

      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;

      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.

      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.

    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.

    6. You will need to use your unique username and password to access the Website in order to transact and use the Services.

    7. You agree and warrant that:

      1. Your username and password shall:

        1. be used for Your own use only; and

        2. not be disclosed by You to any third party,

      2. You are authorized to enter into and to agree upon these Terms and Conditions;

      3. You are authorized to register as a User and to use the Services;

      4. That the information provided by You is true and correct;

      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.

    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.

    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.

    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.

    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).

    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.

    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.

    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.

      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).

    15. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

    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.

    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.

    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:

      1. Goods or services on offer by the User;

      2. Details of the User’s return and refund policies;

      3. User’s customer service contact details, which includes an email address and telephone number;

      4. Total price of the goods and/or services You offer (all pricing must be in South African Rand);

      5. Disclosure that Appture Pay is not the provider/supplier of Your goods and/or services offered.

  8. Bank Accounts

    1. In order to initiate a withdrawal of funds, the User must have a bank account associated with their Wallet.

    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.

    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

    1. The Website facilitates a User with the ability to organize couriers, including collections and deliveries as well as payment.

    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.

    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

    1. Each User is allocated their own unique Wallet ID.

    2. This Wallet ID allows the User’s transaction to be identified and an accurate accounting record to be kept.

    3. Each time the User pays a Receiver, their Wallet will be debited with the amount equal thereto.

    4. Each time the User receives a payment, their Wallet will be credited with the amount equal thereto, less any charges/fees/commission payable.

  11. Fees

    1. In exchange for the Proprietor providing the Services, Appture Pay will be paid a fee (plus VAT) by the User for each transaction.

    2. Appture Pay’s fee is paid by the Receiving Party once the Receiving Party is paid by the Paying Party into their Wallet.

    3. Appture Pay’s fee is based on the size of the transaction.

    4. Appture Pay’s fee excludes VAT and therefore VAT will be charged on its fees.

    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.

    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.

    7. Appture Pay Fees are subject to change at any time and at the sole discretion of Appture Pay.

      1. The revised Fees shall be made available on our Website and will be effective from the moment of upload onto the Website.

    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.

    9. You are liable for and irrevocably authorize Us to debit your bank account with:

      1. Our Fees and charges;

      2. Any overpayments made to you in error, or omission, or unlawfully, or if unauthorized;

      3. Any fines imposed by any Regulatory Authority on us where You do not comply with the applicable laws.

    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

    1. Appture Pay is committed to providing secure online payment facilities. All transactions are processed by a secure third party payment processor.

      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.

    2. The payment processor is responsible for ensuring that payments are processed.

    3. Deposits into Wallets are processed by the payment processor and paid into the Proprietor’s account.

    4. Before each transaction takes place, an entry is created in the Proprietor’s database to keep track of the transaction.

    5. Various information is kept in order to track each transaction accurately and to maintain records.

    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.

      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.

      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.

      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.

    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.

    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

    1. Save as specifically set out in these Terms and Conditions, Appture Pay does not make any representations or warranties.

    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.

    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.

    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.

    5. The Services are provided on an “as is” and “as available” basis.

    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.

    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.

    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.

    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.

    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.

    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.

    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. 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.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    21. The Proprietor only provides the platform to facilitate the Services and transactions between Users.

    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.

      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

    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.

    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

    1. The User:

      1. Must not use this Website in contravention of any laws or regulations;

      2. Must not interfere with or interrupt the security of this Website;

      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;

      4. Must not attempt to steal personal information from this Website or any associated functionality, or from the payment processor;

      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;

      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;

      7. Has the responsibility to ensure that they use this Website fairly and in line with reasonableness.

    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.

    3. Any suspected criminal activity will be reported to the relevant authority for investigation.

  15. Intellectual property rights

    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.

    2. No person is authorized, without express permission from Appture Pay, to link to this Website from any other website.

    3. Any links from this Website are followed at the User’s own risk and Appture Pay shall not bear liability therefor.

    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.

    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

    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.

    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

    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

    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:

      1. For the Proprietor, the address and email address set out at clause herein above; and

      2. For the User, the address and email address as provided by the User in the registration process as set out in clause herein above.

  19. Governing Law

    1. Appture Pay falls under the jurisdiction of South African Law and these Terms and Conditions shall be interpreted and applied in accordance therewith.

    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.

    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.