\u00ad\u00adMPOS TERMS AND CONDITIONS<\/strong><\/p>(\u201cAGREEMENT\u201d)<\/strong><\/p>
<\/strong>Read the following agreement carefully. These are the terms and conditions of the agreement between yourself, Telkom as defined below (herein after referred to as \u201cTelkom\u201d), Ukheshe Payment Solutions (Pty) Ltd (herein after referred to as \u201cUPS\u201d) and Ukheshe Technologies (Pty) Ltd (herein after referred to as \u201cUT\u201d) (herein after UPS and UT will be collectively referred to as \u201cUkheshe\u201d). <\/strong><\/p>\u00a0<\/strong><\/p>This Agreement explains your rights, obligations and responsibilities, \u00a0as well as those of Telkom and Ukheshe. Upon registration for or utilization of any of the services offered by Ukheshe through the Telkom platform, you agree to and accept the terms of this Agreement.<\/strong><\/p>\u00a0<\/p>
- RECITALS <\/strong>
- UPS is a registered Financial Services Provider, Payments Services Provider, Aggregator, TPPP, and License holder;<\/li>
- UT is a System Operator;<\/li>
- Telkom is a reseller, utilising the Ukheshe services by operating off the rails of Ukheshe as a third party;<\/li>
- To allow Telkom to provide the services as set out in 1.3, Telkom has acquired a non-exclusive software license from Ukheshe to utilise their services;<\/li>
- As a result of the aforegoing, any end-user will enter into this Agreement with Ukheshe and Telkom as Telkom does not hold the necessary licenses to render the relevant services.<\/li><\/ul><\/li><\/ol>
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- DEFINITIONS<\/strong>
- Unless a contrary intention clearly appears, the following terms shall have the following meanings assigned to them and cognate expressions shall have corresponding meanings, namely \u2013
- \u201cAgreement\u201d<\/strong> means this document of \u201cstandard terms and conditions\u201d read together with any other Agreements entered into between the relevant parties (if any), as well as any Annexures thereto. By registering for or utilising any of the services offered by Ukheshe through the Telkom\u2019s platform\/App <\/strong>you unconditionally signify your assent to the terms of this Agreement and as such the Agreement becomes legally binding between you, Telkom<\/strong> and Ukheshe and further, you warrant that the information you have provided upon registration is true and correct in all respects.<\/li>
- \u201cAML\u201d <\/strong>means Anti-Money laundering;<\/li>
- \u201cAMT\u201d<\/strong> means authenticated mobile PIN and means a Card Not Present bank-PIN-authenticated mobile transaction.<\/li>
- \u201cApp\u201d<\/strong> means the Telkom mobile application through which the Services will be rendered on Your instruction;<\/li>
- \u201cApp Store\u201d<\/strong> means Your device\u2019s application store from which You download the App;<\/li>
- \u201cATM\u201d<\/strong> means Automatic Teller Machine<\/li>
- \u201c<\/strong>Card(s)\u201d<\/strong> means your compatible credit, debit, charge and\/or cheque card(s) with a PIN, including prepaid card(s);<\/li>
- \u201cCard Schemes\u201d<\/strong> means any major Card Scheme, including but not limited to, Visa, MasterCard, Union Pay International and American Express.<\/li>
- \u201cCard Not Present\u201d<\/strong> means a Card payment transaction processed without the presence of a physical Card, either by way of a manual entry of Card details or online capture of Card details for E-commerce transactions, in other words where the physical Card has not been swiped, dipped or tapped by means of a reader.<\/li>
- \u201cChargeback\u201d<\/strong> means a procedure where an Issuing Bank charges a Transaction back to the Acquiring Bank and subsequently debits you in line with the card Scheme rules.<\/li>
- \u201cChargeback Fee\u201d<\/strong> means an administration fee that we charge you for processing a Chargeback.<\/li>
- \u201cConfidential Information\u201d<\/strong> means all information and data of whatsoever nature (including the Intellectual Property), whether tangible, intangible, oral or in writing and in any format or medium that is obtained or learned by, disclosed to You, or comes to Your knowledge through Us during the course of or arising out of or in relation to this Agreement or Your use of the Interface and\/or the Services, by whatsoever means, which by its nature or content is or ought reasonably to be identifiable as confidential or proprietary to Us, or which is provided or disclosed in confidence, irrespective of whether it appears in written, oral, electronic or graphical format;<\/li>
- \u201cCPA\u201d<\/strong> means the Consumer Protection Act 68 of 2008, as amended, varied, re-enacted, novated or substituted from time to time;<\/li>
- \u201cCustomer or Card Holder\u201d<\/strong> means the consumer making a purchase from You by using the Service.<\/li>
- \u201c3D Secure\u201d<\/strong> means an authentication method approved by a Card Scheme that enables the secure processing of payment card transactions in E-commerce.<\/li>
- \u201cDocumentation\u201d<\/strong> means integrated electronic and\/or written communication published by Us, describing the Software\u2019s functionality and intended operation;<\/li>
- \u201cE-commerce\u201d<\/strong> means electronic commerce which includes a transaction performed by means of electronic media in a
non-face-to-face environment.<\/li>- \u201dEFT\u201d<\/strong> means Electronic Funds Transfer from or to a registered bank account;<\/li>
- \u201cEffective Date\u201d <\/strong>means the date and time that You download the App, register a profile and agree to the Terms and Conditions or upon use of any of the Services;<\/li>
- \u201cFICA\u201d<\/strong> means the Financial Intelligence Centre Act 38 of 2001, as amended, varied, re-enacted, novated or substituted from time to time;<\/li>
- \u201cIntellectual Property\u201d<\/strong> means, collectively, all and any intellectual property including, any registered or unregistered trademark, trade name, or service mark, any patent, domain names, designs, copyright, design right, software application right, topography right, application to register any of the aforementioned rights, trade secrets, any right in unpatented know-how, any right of confidence and any other intellectual or industrial property rights of any nature whatsoever in any part of the world, including any licence rights and the right to take legal action;<\/li>
- \u201cKnow-How\u201d <\/strong>means all ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used in connection with Our business; all available information regarding marketing and promotion of Our products and services (including the Services); and all and any modifications or improvements to any of them;<\/li>
- \u201cKYC\u201d <\/strong>means Know Your Customer;<\/li>
- \u201cKYB\u201d <\/strong>means Know Your Business;<\/li>
- \u201cMobile Phone or Smart Device\u201d<\/strong> means a single mobile phone or tablet with a central processing unit capable of executing instructions from a software program or via USSD, and which is used, owned or leased by You;<\/li>
- \u201cParticipating Merchant\u201d<\/strong> means a merchant that is integrated into Ukheshe or its Tenants and offers either Cash Withdrawal Token services and\/or Cash deposit services and\/or Purchase services.<\/li>
- \u201cPCI DSS\u201d<\/strong> means Payment Card Industry Data Storage Standards as stipulated by the respective Card Schemes.<\/li>
- \u201cPersonal Information<\/strong>\u201d has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 and any applicable law in South Africa and\/or in any other jurisdiction where the Services are provided and\/or used;<\/li>
- \u201cPOPIA\u201d<\/strong> means the Protection of Personal Information Act 4 of 2013, as amended, varied, re-enacted, novated or substituted from time to time;<\/li>
- \u201cProcessing\u201d<\/strong> has the same meaning as \u201cprocessing\u201d as defined in POPIA, which for instance will include (subject to the provisions of POPIA, which may be amended from time to time): collecting, storing, collating, using, modifying, sending, distributing, deleting and destroying Personal Information;<\/li>
- \u201dQR Code\u201d<\/strong> means a Quick Response Code generated to enable you to process Transactions. It is a machine-readable code consisting of either an array of black and white squares or a linked numeric code, typically used for storing URLs or other information. The QR Code can be a Static QR Code or a Dynamic QR Code. A \u201cStatic QR Code\u201d <\/strong>means a QR code that has a predetermined value or will allow the Customer to input a value; and a \u201cDynamic QR Code\u201d<\/strong> means a QR code that is linked to specific purchases;<\/li>
- \u201cRICA<\/strong>\u201d means The Regulation of Interception of Communications and Provision of Communication Related Information Act as amended from time to time.<\/li>
- \u201cSelected Merchants\u201d<\/strong> means those merchants as selected by Us from time to time and with whom We have contracted to provide VAPs;<\/li>
- \u201cServices\u201d<\/strong> means the services referred to in clause with heading \u201cServices\u201d of this Agreement;<\/li>
- \u201cSoftware<\/strong>\u201d means the object code of and Documentation for the Services which includes but is not limited to the Masterpass Platform, Ukheshe Eclipse API (a cloud-based multi-tenanted combination of computer applications developed by Ukheshe that provides integrated Payments, transaction and administration functionalities etc.);<\/li>
- \u201cTap on Phone\u201d<\/strong> means the functionality on the MPOS application that allows the customer to tap their card directly on your phone using near-field communication (NFC). Tap on Phone only accepts contactless payments from Mastercard and Visa Cards.<\/li>
- \u201cVAPs\u201d<\/strong> means the value-added products of one or more Selected Merchants;<\/li>
- \u201cVAS\u201d<\/strong> means the value-added services of one or more Selected Merchants;<\/li>
- \u201cWallet\u201d<\/strong> means a User\u2019s ring-fenced User account maintained and reconciled to Our virtual master wallet. The Wallet is unique to each User and contains Personal Information of the User. The Wallet can be accessed via the App or any other medium through which the Service is rendered;<\/li>
- \u201cWe\u201d or \u201cUs\u201d or \u201cOur\u201d or \u201cUkheshe\u201d<\/strong> or \u201cService Provider<\/strong>\u201d shall mean Ukheshe Technologies (Proprietary) Limited (\u201cUT\u201d), Registration Number: 2017\/471522\/07, 1st Floor, Golfers Corner, Design Quarter, Fourways, Johannesburg 2191 and Ukheshe Payment Solutions (Proprietary) Limited (\u201cUPS\u201d), Registration Number: 2013\/099677\/07, 1st Floor, Golfers Corner, Design Quarter, Fourways, Johannesburg 2191 FSP Licence number 45133;<\/li>
- \u201cTelkom\u201d<\/strong> shall mean Telkom SA Soc Limited (\u201cTelkom\u201c), Registration Number: 1991\/005476\/30 and registered address at 61 Oak Avenue, the Hub, Telkom Park, Centurion, 0157;<\/li>
- \u201cYou\u201d<\/strong> means the person who registers, creates a profile either via the Telkom interface or App and\/or any person who utilises any of the services offered by Ukheshe through Telkom. \u201dYour\u201d and \u201cUser\u201d shall have corresponding meanings;<\/li>
- \u201cWithdrawal Token\u201d<\/strong> means a cash withdrawal reference number valid at any Participating Merchant teller;<\/li>
- \u201cUSSD\u201d<\/strong> means the USSD (Unstructured Supplementary Service Data) interface used to access Your wallet.<\/li>
- \u201cWhatsApp\u201d<\/strong> means the WhatsApp interface used to access your wallet, display the QR code and receive payment as a Merchant;<\/li>
- \u201cZAR\u201d<\/strong> means South African Rand;<\/li><\/ul><\/li>
- Any reference in this agreement to the singular also includes the plural or the reference to male also includes the female.<\/li><\/ul><\/li><\/ol>
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- ACCEPTANCE<\/strong>
- By registering for the Telkom account, alternatively by utilising the Services , You agree and acknowledge that:
- You accept the terms and conditions of this Agreement;<\/li>
- You are 18 years or above of age, if not, you represent and warrant that You have Your guardian\u2019s or parent\u2019s consent to enter into this Agreement;<\/li>
- You are of sound mind and full legal capacity.<\/li><\/ul><\/li><\/ul><\/li><\/ol>
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- COMMENCEMENT AND REGISTRATION <\/strong>
- This user agreement is effective from the first date you download and\/or access the Digital Platform.<\/li>
- This Agreement is effective from the Effective Date, and will remain in force unless terminated in accordance with the other terms of this Agreement, or by written notice.<\/li>
- It is specifically agreed that We or Telkom may suspend the Services or terminate the Agreement immediately for regulatory or statutory reasons as well as for any reason considered material by Us.<\/li>
- In order to access and\/or use the Telkom App, Ukheshe Services and Wallet, You need to download the App and thereafter register an account\/profile with Us by going through the registration process on the Telkom App.<\/li>
- This will involve providing Us and the Telkom with certain personal information, which may include (but is not limited to): Your name, photograph, mobile number, email address, proof of Identity, proof of address, last 4 digits of debit\/credit card used for top-up, card expiry date etc.;<\/li>
- You must be at least 18 (Eighteen) years of age, of sound mind and have a valid South African ID\/Passport; or Foreign Passport; or Asylum Papers; or Work Permits to use the Service;<\/li>
- You hereby agree that the said information may be shared with our third-party service providers which include but is not limited to Home Affairs, SecureCitizen, Experian and Transunion to verify the provided information and confirm the validity of same;<\/li>
- You furthermore acknowledge and agree that you grant Ukheshe and Telkom worldwide permission to use, store, copy, share, reproduce, and distribute your personal data only as reasonably required to provide the relevant service.<\/li><\/ul><\/li><\/ol>
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- SERVICES <\/strong>
- The App, WhatsApp and\/or the Interface enables a User to select one or more of the following Services (including but not limited to):
- Tap-on-pay, tap-on-phone, tap-on-glass;<\/li>
- Virtual card issuing;<\/li>
- Digital KYC;<\/li>
- Digital Wallets;<\/li>
- Cash out and cash in transactions;<\/li>
- Generation of QR codes;<\/li>
- Access reports on transaction history;<\/li><\/ul><\/li><\/ul><\/li><\/ol>
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- RECEIPT OF PAYMENTS<\/strong>
- You may receive payments subject to an authorisation process for Card acceptance. An authorisation granted under any provision of this clause does not constitute evidence or a warranty:
- that payment will eventually be made by Us;<\/li>
- that the Card is valid;<\/li>
- that the Card is genuine (i.e. that the Card is not counterfeit); and\/or<\/li>
- that the person presenting the Card is the Customer.<\/li><\/ul><\/li>
- An authorisation is merely an indication that the relevant account has sufficient funds to meet payment on the authorisation date and that the Card has not been reported lost or stolen at the time the Card was presented for payment.<\/li>
- You acknowledge and agree that we will not accept payment for any prohibited industries, prohibited MasterCard Codes or banned products.<\/li>
- Ukheshe and Telkom will only provide acquiring services in respect of Card transactions which are:
- genuine, signed, correct and valid;<\/li>
- issued by a bank or a card issuer in its original form;<\/li>
- not rejected by the Point of Sale device;<\/li>
- presented by the cardholder.<\/li><\/ul><\/li>
- Ukheshe and the Telkom considers the following as prohibited industries:
- Illegal businesses and activities according to the laws and regulations governing the S\/E (service establishment or merchant);<\/li>
- Gambling (including casino chips, gambling services, Internet casino sites, and Bingo);<\/li>
- Lottery Sales;<\/li>
- Collection Agencies (receivable on Card);<\/li>
- Credit Restoration Services;<\/li>
- Prostitution (including S\/Es involved in prostitution such as unlicensed massage parlours and escort services);<\/li>
- internet adult digital content.<\/li><\/ul><\/li><\/ul><\/li><\/ol>
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- CARD ACCEPTANCE & PROCESSING<\/strong>
- You can accept and process all major payment types such as PIN-based credit or debit cards, NFC, EMV, mag-stripe and mobile wallets.<\/li>
- All Card transactions where the physical card is present must be processed as follows:
- the Customer must be present when the transaction is processed;<\/li>
- should the payment request a pin, the Customer must verify his\/her identity by entering his\/her valid PIN into the App; the Telkom App will instruct you which method is required for Customer verification;<\/li>
- Tap on Phone transactions may be processed by the Customer tapping his\/her contactless-enabled Mastercard or Visa Card on your NFC-capable Android mobile device that has the Telkom App;<\/li>
- Masterpass transactions may be processed by the Customer scanning the Masterpass QR code displayed in the Telkom App.<\/li><\/ul><\/li>
- A transaction will be incomplete or invalid if:
- if the chip technology fails during the transaction; and\/or<\/li>
- if the telecommunications are interrupted during the transaction flow;<\/li>
- the transaction to which it relates is\/or appears to be illegal and\/or unenforceable;<\/li>
- the Card had expired at the time of the transaction;<\/li>
- the Card is not acceptable to Nedbank;<\/li>
- the Card number is listed on the current hot-card file;<\/li>
- the Merchant accepts a mutilated, defaced, blank or illegible card;<\/li>
- it is subject to a chargeback in terms of the Card Association Rules.<\/li><\/ul><\/li><\/ul><\/li><\/ol>
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- MASTERPASS PAYMENTS ACCEPTANCE & PROCESSING<\/strong>
- Your Customers will use the Masterpass Compatible App to scan the QR Code or a Customer may manually input the numeric code linked to the QR Code to perform a Transaction.<\/li>
- The Card the Customer loads onto the Masterpass Compatible App may not necessarily be compatible with the Service.<\/li>
- The Service will automatically accept payment amounts from compatible Visa, Mastercard and Amex-issued Cards.<\/li>
- All service transactions will be authenticated either by 3D Secure, AMT or another accepted authentication method.<\/li><\/ul><\/li><\/ol>
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- WALLET TOP-UP<\/strong>
- You may top-up your wallet using any of the below methods:
- with an EFT Transaction using Your Wallet number as reference number;<\/li>
- You may receive payment by displaying Your QR Code linked to Your Wallet.<\/li><\/ul><\/li>
- We and\/or the Telkom reserve the right to reject or cancel Your request to Top-Up at any time at Our discretion.<\/li>
- We may, in Our discretion and without prior notice to You, set daily and\/or monthly limits for Wallet Top-up. Any such daily limits will appear in WhatsApp or in the App.<\/li><\/ul><\/li><\/ol>
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- YOU MAY TRANSFER FUNDS<\/strong>
- to another User (\u201cthe Recipient\u201d).<\/li>
- The Recipient must register under the same tenant in order to receive funds;<\/li>
- In order to transfer funds to the Recipient, You must identify the Recipient and the value to be transferred into the Recipient\u2019s Wallet.<\/li>
- The Recipient will receive a notification via SMS or in the App or in WhatsApp push notification that his or her Wallet has been credited with the relevant value.<\/li><\/ul><\/li><\/ol>
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- YOU MAY USE OR SPEND FUNDS<\/strong>
- By performing a Cash Redemption at a Participating Merchant by generating a \u201cwithdrawal token\u201d valid for 24hrs, which will be generated and can be redeemed in a store countrywide.<\/li>
- By using a Card or Virtual Card to purchase goods or withdraw funds at an ATM.<\/li>
- Pay a QR Code by scanning the recipients QR Code;<\/li>
- Make EFT funds out of wallet into a bank account which can take up to 48 hours.<\/li><\/ul><\/li><\/ol>
- We and\/or the Telkom reserves the right to reject or cancel Your request to purchase at any time at Our sole discretion.<\/li>
- Daily and\/or monthly maximum redemption amounts apply and may change from time to time without prior notice to You.<\/li>
- Services and the relevant charges may change from time to time without prior notice to You.<\/li>
- All credit\/debit card Top-up and payment receipts will have at least a two-day delay before the funds will be available to spend in your wallet. The funds will reflect in your current balance, but not your available balance.<\/li><\/ul>
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- ANTI-MONEY LAUNDERING, FRAUD, DISPUTES AND CHARGEBACKS<\/strong>
- You acknowledge and understand that We are an accountable institution for adherence to all regulatory and legislative requirements under this Agreement in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 and furthermore, an accountable institution in terms of Financial Intelligence Centre Act 28 of 2001 as amended by the Financial Intelligence Centre Amendment Act 1 of 2017.<\/li>
- You provide Your irrevocable consent to Us and Telkom to disclose any information provided by You in terms this clause to any Regulated Institution and\/or Officer as may be required in terms of applicable anti-money laundering and counter-terrorist financing legislation (including FICA) or any other relevant legislation.<\/li>
- You shall not use the Services to commit any of the following acts:
- any act which undermines Telkom or Our reputation, privacy, intellectual property and other rights;<\/li>
- any act which assists in, allegedly results in, or may actually result in, fraud, money laundering, terrorist financing or impermissible or illegal trading;<\/li>
- any act which involves Your use of an invalid credit or debit card or the credit or debit card of another person or User without such other person\u2019s or User\u2019s consent;<\/li>
- any act which involves Your use of an invalid bank account or the bank account of another person or User without such other person\u2019s or User\u2019s consent;<\/li>
- any act that We or Telkom or any EFT payment network reasonably believe to be an abuse of the Card system or a violation of Card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time.<\/li><\/ul><\/li>
- In order to prevent fraud, We and\/or Telkom may implement fraud prevention measures, as updated from time to time without prior notice to You. We may require that You supply additional information to verify that that any payment made through Us is valid and that You have made the payment. Should You fail to provide Us and\/or Telkom with the requested information, we reserve the right to suspend your profile, until said request has been complied with to Our satisfaction.<\/li>
- Examples of these measures include, but are not limited to:
- Any debit or credit card payment over a certain value may require you to verify your details by providing or uploading copies of ID\/Passport as well as a copy of the credit \/debit card;<\/li>
- Any payment deemed or classified as medium or high risk by Us or Telkom may be held in suspense until the amounts have been verified;<\/li>
- If any payments have been marked as medium or high risk, We will contact you to provide the necessary information required to validate the transaction and make the funds available for use;<\/li><\/ul><\/li>
- You agree that in the event of a dispute of Chargeback (otherwise known as a dispute) request from a financial institution:
- We, the Sponsor Bank, may Chargeback by:
- deducting, withholding, recouping from, or offsetting against our payments to You or debiting Your Wallet, or We may notify you of your obligation to pay us, which you must do promptly and fully;<\/li>
- Our failure to demand payment does not waive our Chargeback rights.<\/li><\/ul><\/li>
- We will withhold the full value of the Chargeback amount in your Wallet\/account pending investigation.<\/li>
- Chargebacks may result from the following (including but not limited to):
- a Customer dispute;<\/li>
- actual or suspected lack of authorisation;<\/li>
- Transactions processed outside the terms of the Agreement;<\/li>
- reversing a Charge for which we have not paid You.<\/li><\/ul><\/li>
- Should the findings illustrate or indicate that the wallet top-up was not authorised or that the top-up was fraudulent the amount will be credited and repaid to the account holder. This Agreement may be terminated in terms of the clause headed, Termination as specified below.<\/li>
- You agree that We shall be entitled to debit the full amount of any Chargeback from your Wallet.<\/li>
- If We are unable to recover funds related to a Chargeback for which you are liable, you will pay Us the full amount of the Chargeback immediately upon demand. You furthermore agree to pay all costs, expenses and disbursements including, without limitation, sheriff fees, tracing fees, courier fees, postage, attorneys\u2019 fees on an attorney and own-client scale, incurred by Us in connection with the collection of all such amounts from You.<\/li>
- Fraud prevention methods, legislation, Rules, Regulations and processes change from time to time and as a result We reserve the right to amend or policies and procedures as required without prior notice to You. You agree to be bound and adhere to same.<\/li><\/ul><\/li><\/ul><\/li><\/ol>
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- PROVISIONS OF THE CONSUMER PROTECTION ACT, 2008 (\u201cCPA\u201d)<\/strong>
- The provisions of this Agreement contain assumptions of risk and\/or liability by You. It furthermore limits and excludes liabilities, obligations and legal responsibilities, which We will have towards You and other persons. The provisions of this Agreement also limit and exclude Your rights and remedies against Us and place various risks, liabilities, obligations and legal responsibilities on You. These provisions may result in You being responsible for paying additional costs and amounts and We may also have claims and other rights against You.<\/li>
- In particular, amongst others, please make sure to consider the provisions of clauses 11 and 12 very carefully, because they have an impact on the risks You carry in making use of the Software and the Services, and on Our and\/or Telkom liability to You.<\/li>
- To the extent that any Services provided under this Agreement are governed by the CPA, no provision in this Agreement is intended to contravene the applicable provisions of the CPA, and therefore all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.<\/li><\/ul><\/li><\/ol>
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- GENERAL TERMS RELATING TO WALLETS<\/strong>
- You acknowledge and understand that:
- Your resignation as a User, and Your election to deposit and\/or transfer funds, does not represent an investment with Us in any manner whatsoever;<\/li>
- any transfers of money to Us are made at Your own risk and We do not accept any liability for any loss, damage (whether direct or consequential), or delays experienced in relation to the receipt of funds, purchase, transfer, cash-out or cash-in;<\/li>
- We will keep a record of all the transactions for a period for 5 (Five) years, which record You can access via WhatsApp or the platform for a period of 3 (Three) months from date of transaction, any records older than 3 months can be requested at an additional fee; and<\/li>
- We do not verify the cell phone number of the Recipient and accordingly will not be held responsible for any loss incurred by You as a result of any incorrect information provided;<\/li>
- We do not guarantee the availability of funds at the Selected Merchant, nor do we guarantee that a specific denomination will be available when withdrawn by the Recipient at the selected merchant;<\/li><\/ul><\/li>
- All wallets that have had no activity for 60 days will be deemed dormant and a dormancy fee may be charged.<\/li><\/ul><\/li><\/ol>
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15. APP STORE TERMS<\/strong><\/p>- The ways in which You can use the App, WhatsApp payment platform and any other related Services may also be controlled by the rules and policies of the App store from which You download the App. In the event that there exists a conflict between any term, condition, or provision contained within this Agreement, and in any term, condition, or provision contained within the relevant App or App store terms, the term, condition, or provision contained therein shall take preference.<\/li><\/ul><\/li><\/ul>
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16. OPERATING SYSTEM REQUIREMENTS<\/strong><\/p>- The System\/App requires a smartphone device with internet connection and camera to be operational.<\/li>
- The WhatsApp interface requires a smartphone device with internet connection to be operational.<\/li>
- The device needs to have a valid cell phone number and complies with RICA.<\/li><\/ul><\/li><\/ul>
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17. ELECTRONIC TRANSMISSION OF INFORMATION<\/strong><\/p>- The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure, and is subject to possible loss, interception, or alteration while in transit.<\/li>
- Accordingly, We and\/or Telkom do not assume any liability, without limitation, for any loss or damage You may experience or costs You may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Software, App, Services or e-mail to Us containing Your Personal Information.<\/li>
- We will take commercially reasonable steps to safeguard the privacy of and keep confidential the information You provide to Us and will treat such information in accordance with the provisions of this Agreement. Under no circumstance, unless and only to the least extent required otherwise by applicable law, will the information You provide to Us create any fiduciary obligations for Us, or result in any liability for Us in the event that, in spite of Us taking reasonable steps to prevent it, such information is lost, damaged or destroyed, or accessed or processed by third parties, without Your or Our consent.<\/li><\/ul><\/li><\/ul>
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18. SOFTWARE LICENCE<\/strong><\/p>- We hereby grant You a personal, non-exclusive, non-transferable, fully paid-up license (with no right to sub-license, transfer or assign) to install a single instance of the Software onto a single Mobile Phone, and to use the Software in conjunction with that Mobile Phone, in the Republic of South Africa, for Your own internal data processing purposes, strictly upon the terms and subject to the conditions of this Agreement.<\/li>
- The Software and the Services are not automatically supported and the license does entitle You to any updates, upgrades, new releases or support services for the App, and We may provide these in Our discretion from time to time. You agree that the terms of this Agreement shall apply to any updates, upgrades or new releases provided to You. If You are of the opinion that the Software or the Services are faulty or misdescribed, please go to https:\/\/www.ukheshe.com\/contact-us\/<\/a><\/li>
- Any return, exchange or refund relating to the Services will be on the basis of Our return, exchange and refund policy.<\/li>
- You undertake to always use the latest version of WhatsApp or the App. The App Store may notify You of any upgrades\/updates that are available to You. The upgrades and updates provided are, amongst other things, to ensure that the System is as secure as possible and as a result We strongly encourage You to install such upgrades and updates as soon as possible after they are made available by the App Store. Subject to the remainder of this Agreement, We shall not be liable for any security \/ data bugs that You may experience if You fail to install the latest version of the App.<\/li>
- If We have to contact You, for instance in relation to maintenance and support of the Software or the Services, We will do so by email, via the App Platform or SMS or telephonically, using the contact details You have provided to Us.<\/li>
- You can only transact through the App or WhatsApp in line with the facilities available to You through Your wallet.<\/li>
- All ownership rights (including Intellectual Property rights) in and to the Software (including updates, upgrades and new releases) and the system and all other Intellectual Property, are and shall remain vested in Us, Our licensor(s) or a party nominated by Us and shall never pass to You. You shall not during or at any time after expiry or termination of this Agreement, question or dispute Our ownership of the Software or Intellectual Property. Except as and to the extent authorised in this Agreement, You shall have no right to use Our Intellectual Property in any manner whatsoever.<\/li>
- You may not duplicate, reverse engineer or reproduce in any way the App and information, documentation and proprietary products made available via the App without our express prior written consent.<\/li>
- You may not make a copy of the Software for back-up purposes. Other than as expressly provided for herein, You may not in any manner copy or otherwise reproduce the Software (wholly or partially).<\/li>
- Except as expressly set out to the contrary herein, You will not, and will not assist any third party to, copy, reproduce, transmit, distribute, sell, resell, license, sub-license, rent, lease, transfer, assign, disclose, de-compile, reverse compile, reverse engineer, disassemble, modify, publish, create derivative works from, perform, incorporate into another website, computer program or product, or in any other way reduce to human-perceivable form or exploit all or any part of the Software or the Intellectual Property. If You sell any device on which the Software is installed, you must remove the Software from it.<\/li>
- You irrevocably undertake and agree that upon termination for whatever reason of this Agreement and\/or any license granted under this Agreement, You shall: