Terms and Conditions of Service

What is Appture Pay?

1. Appture Pay is a unified cloud solution to online traders and eCommerce traders for the calculation of courier costs, processing of payments, paying of beneficiaries and dispatching of couriers.

Definitions

1. In these terms and conditions the following words shall have the meanings provided hereunder:
2. “Appture Pay” shall mean the proprietor of this website;
3. “Registered User” shall mean a User who has duly registered in accordance with these terms and conditions;
4. “User” shall mean a person using this website and shall include Registered Users and the term “You” shall be synonymous therewith;
5. “Wallet” shall mean the digital accounting system whereby a Registered User’s credits and debits from their account are displayed.
6. In these terms and conditions the referral to any one gender shall be taken to refer to all genders.
7. In these terms and conditions the referral to the plural shall import the singular and vice versa.
8. In these terms and conditions, headings and titles shall be for the purposes of ease of reading and shall not affect the interpretation of the terms and conditions.

Scope of these terms and conditions

1. These terms and conditions apply to all persons who make use of the services and/or systems of Appture Pay.
2. By making use of this website, you agree to be bound by all of the terms and conditions contained herein.
3. It is the Users’ duty to ensure that they have read and understood these terms and conditions before making use of the website.
4. 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.

Purpose of these terms and conditions

1. These terms and conditions set out the manner in which services and/or systems are provided to The User and sets out the limitations related thereto.

Profile Creation

1. Before making full use of this website, the User is required to register an account by providing a valid email address and a password.

Wallet System

1. Once the User has registered and becomes a Registered User, their account will be assigned a unique Wallet which can be used to make and receive payments.

Making and receiving payments

1. A Registered User can, upon registration, immediately receive payments into his/her Wallet.
2. In this instance, the website will not have any information to display in respect of the receiver.

Company profiles

1. In order to create a company/entity profile, the Registered User will provide certain information, including:
   • company name;
   • registration number;
   • owner/s names;
   • directors’ names;
   • owner/s identity number/s;
   • directors’ identity numbers;
   • telephone number;
   • cell phone number;
   • email address;
   • website URL; and
   • Logo/image.
2. The Company Profile is used to identity payers and receivers and is in place to assist the User to find the correct User to pay/receive payments from.
3. The information is provided voluntarily by the individual creating the profile.
4. 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.

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.

Courier Integration

1. The website provides the User with the ability to organize couriers, including collections and deliveries as well as payment.
2. Certain information 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.

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 kept.
3. Each time the User pays somebody, 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 fees/commission payable.

Fees

1. In exchange for providing the platform that it does, Appture Pay receives a fee for each transaction.
2. This fee is paid by the receiving party once the receiving party is paid by the paying party.
3. This fee is based on the size of the transaction.
4. It is also important to bear in mind that VAT will be charged on these fees.
5. It is up to the receiving party to ensure that they receive the correct amount from the paying party after taking the fees and VAT into consideration.
6. Fees in respect of couriers are paid by the party paying the courier and are included in the quote priced received from the courier.
7. Fees are subject to change at the instance and in the sole discretion of Appture Pay.

Payment gateway

1. The payment processor is responsible for ensuring that payments are processed.
2. Deposits into Wallets are processed by the payment processor and paid into Appture Pay’s account.
3. Before each transaction takes place, an entry is created in the Appture Pay database to keep track of the transaction.
4. Various information is kept in order to track each transaction accurately and to maintain records.
5. When transactions take place using credit/debit cards, information is stored by the payment processor and not Appture Pay, other than certain reference information which includes a partial card number which is given to Appture Pay by the payment processor to confirm that the card details were saved.

Limitation of Liability

1. The proprietor of this website (Appture Pay) and any of its affiliates, associates, employees, owners and/or directors or any other person associated with the proprietor shall not bear any liability whatsoever for the use of this website.
2. 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.
3. 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 person mentioned in clause 14.1 hereof shall not bear any responsibility for Users abusing this website in any way.
4. The persons mentioned in clause 14.1 hereof 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.
5. The persons mentioned in clause 14.1 hereof cannot guarantee that unscrupulous individuals will not breach the security of the website or any of its associated functions and whilst the proprietor shall do its utmost to protect all personal information it holds, no liability shall fall upon the persons mentioned in clause 14.1 hereof by virtue of any breaches in security.
6. The persons mentioned in clause 14.1 hereof are 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.
7. The persons mentioned in clause 14.1 hereof are not responsible for the accuracy of the information contained on this website and, as such, shall not be held accountable for any inaccuracies.
8. Further to clause 14.7 above, the persons mentioned in clause 14.1 hereof have 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.
9. Any mistaken payments will not be the responsibility of Appture Pay and/or the persons mentioned in clause 14.1 hereof. The User is solely responsible for their own payments and to ensure that they pay the correct party.
10. Any fraudulent conduct by any User shall not be the responsibility of Appture Pay and/or the persons mentioned in clause 14.1 hereof. Users must report any instances of fraudulent conduct to Appture Pay to be dealt with accordingly.
11. Confidentiality of information provided on this website is not guaranteed by the person mentioned in clause 14.1 hereof and, as such, they shall not be liable for any confidential information accessed by unauthorized persons.
12. The persons mentioned in clause 14.1 hereof bear 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, misdeliveries, late deliveries, non-deliveries, incorrect payments, delays, loss of data, network or system outages, file corruption and/or service interruptions.
13. 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 the termination of its services.

User conduct

1. The User:
   • may not use this website in contravention of any laws or regulations;
   • may not interfere with or interrupt the security of this website;
   • may not abuse this website in any manner and may not use the information contained on this website to abuse/injure any other person;
   • may not attempt to steal personal information from this website or any associated functionality;
   • may not upload/transmit harmful material onto this website or link this site to harmful material including but not limited to viruses, malware, phishing technology or any material which violates any law or regulation;
   • may 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;
   • 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, can 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.

Intellectual property rights

1. All content, data, logos and/or trade marks contained on this website are the property of Appture Pay and/or are duly licensed to Appture Pay and, as such, are protected in terms thereof.
2. No person is authorized, without express permission from Appture Pay, to link to this site from any other site.
3. Any links from this site are followed at the User’s own risk and Appture Pay shall not bear liability therefor.

Severability

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.

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.

Governing Law

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