Terms and Conditions

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS (“TERMS”) ARE APPLICABLE TO YOUR USE OF THE PAYD SERVICE (AS DEFINED IN PARAGRAPH 1 BELOW) AND CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF OLTIO (PROPRIETARY) LIMITED AND IMPOSES LEGAL OBLIGATIONS ON YOU.  BY CLICKING ‘ACCEPT’ OR ‘PROCEED’ OR ‘CONTINUE’ OR BY YOU USING THE PAYD SERVICE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS.  IF YOU DO NOT AGREE, PLEASE REFRAIN FROM USING THE PAYD SERVICE.  PLEASE READ THESE TERMS CAREFULLY.

FURTHER NOTE THAT THE PAYD SERVICE IS CURRENTLY ONLY AVAILABLE TO SELECTED MOBILE NETWORK OPERATORS AS PUBLISHED ON OUR WEBSITE WWW.PAYD.NET. 

1.     GENERAL

1.1       When clicking on the ‘accept’ or ‘proceed’ or ‘continue’ button or by otherwise using the payD Service, you enter into a legally binding contract with Oltio (Proprietary) Limited upon the terms and conditions of these Terms.  Oltio (Proprietary) Limited is a company incorporated in the Republic of South Africa with company number 2004/028880/07 and whose registered office is at 1st Floor, MTN Service Centre, Corner of Rivonia and Summit Roads, Morningside, Johannesburg, 2196 (hereinafter referred to as “we” or “us” or “our“).

1.2       These Terms apply to all users of the payD Service (“users” or “you” or “your“).

1.3       To be eligible to use the payD Service, you must be capable of entering into a legally binding agreement and you must be the beneficial owner of the bank account linked to the bank card you are using when registering for the payD Service.  You may only use the payD Service on behalf of yourself.

1.4       The payD Service is an electronic payment platform facilitating the use of a PIN-based bank card (debit, credit and cheque cards using a personal identification number (“PIN“) to authenticate the user) and a mobile telephone (“Registered Mobile Device“).  Your bank card number will be linked to your mobile telephone number and you will be able to make payments to  a merchant using your Registered Mobile Device and your bank card PIN.

1.5       Please note that your relationship with the financial institution (bank) that has issued the bank card you use when registering for the payD Service is governed by and subject to the terms and conditions imposed by such financial institution.  The financial institution in question may also charge a fee for processing a transaction performed using the payD Service.  These Terms do not amend or otherwise modify your agreement with the issuer of your card and you are responsible for ensuring your use of the payD Service complies with such agreements.

1.6       We (through the payD Service) provide you with the ability to store and link your bank card details with the mobile telephone number of your Registered Mobile Device and the ability to perform transactions.

1.7       These Terms constitute the complete and exclusive understanding and agreement between us and govern your use of the payD Service superseding all prior understandings, proposals, agreements, negotiations, and discussions between us, whether written or oral.

1.8       The Terms and the relationship between us shall be governed by the laws of the Republic of South Africa.

1.9       Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

2.     Acceptance

2.1       As stated in BOLD at the top of these Terms and in paragraph ‎1 above, by using the payD Service, you agree to be bound by these Terms.  Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto, please refrain from using the payD Service.

2.2       These Terms may be updated by us at any time in our sole discretion.

3.     Consumer Protection Act No 68 of 2008

3.1       If these Terms or any contract governed by these Terms are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act.  Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

3.2       No provision of these Terms (or any contract governed by these Terms):

3.2.1         does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

3.2.2         requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

3.2.3         limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

4.     Information You Submit When Using payD

4.1       When you register to use the payD Service you may be required to submit the following information to us:

4.1.1         your ID number / passport number;

4.1.2        your e-mail address;

4.1.3        your mobile telephone number;

4.1.4        your bank card number;

4.1.5        the expiry date of your bank card; and

4.1.6        your account type (current or savings).

4.2       It is your responsibility to ensure that the information you provide to us when registering for and using the payD Service is correct, valid and true as we cannot accept responsibility for incorrect and/or invalid information you submit when using the payD Service.

4.3       You understand that your bank card PIN is confidential and you agree that you will not allow others access to your Registered Mobile Device and/or your bank card PIN.  In this regard, you acknowledge that if you disclose your bank card PIN to others and/or allow others access to your Registered Mobile Device and/or your bank card PIN that you do so entirely at your own risk.

4.4       When using the payD Service you will never be asked to enter your bank card PIN on any merchant’s website, point of sale device and/or any other device, other than your Registered Mobile Device.  You will never be requested to enter your bank card PIN, the Card Verification Value (“CVV“) or Card Validation Code (“CVC“) of your bank card (the last three digits of the number printed on the signature strip on the back of your card) on any device other than your Registered Mobile Device.

5.     Use of the payD Service

5.1       You hereby undertake that you will refrain from using the payD Service in contravention of any applicable laws and regulations and/or these Terms.

5.2       In order to make use of the payD Service, you will have to select the payD payment option on  a merchant’s website and confirm your payment using your bank card PIN in combination with your Registered Mobile Device.

5.3       You accept that your use of the payD service is governed by the rules and regulations for Authorized Mobile Transactions (AMT’s) as stipulated by the Payments Association of South Africa.

5.4       You accept that you will not use and/or access the payD Service carelessly or negligently.

5.5       You understand that we are not a bank nor the entity that issued you with your bank card.  You further understand that when you buy goods and/or services from a merchant’s website and pay for that goods and/or services using the payD Service, that the purchase of that goods and/or services is a transactions between you and the relevant merchant, and not with us.  We are not a party to your purchases of goods and/or services.  The processing of all payments and the delivery of the goods and/or services are handled solely by the relevant merchant, and we are not involved in the merchant’s processing of the payment and the delivery of the goods and/or services.

5.6       You should immediately notify your bank if you believe:

5.6.1         There has been an unauthorised transaction using or unauthorized access to your bank card; or

5.6.2         your bank card PIN has been compromised.

5.7       You should immediately notify your Mobile Network Operator if:

5.7.1         your Registered Mobile Device has been lost or stolen;  or

5.7.2        your Subscriber Identity Module  card (“SIM card”) has been lost or stolen.

6.     Data Protection and Security

6.1       In order to provide the payD Service, we may collect and process the following information about you:

6.1.1         the unique Internet Mobile Equipment Identity (“IMEI“) number of your Registered Mobile Device ie the serial number of your Registered Mobile Device;

6.1.2        the unique Integrated Circuit Card Identity (“ICCID“) number of your  SIM card that you are using in your Registered Mobile Device ie the serial number of your SIM card;

6.1.3        the Mobile Network Operator’s Tower details and the Global Positioning System (“GPS“) location coordinates of your Registered Mobile Device when performing a payD transaction ie your geographic location when using the payD Service;

6.1.4        information that you provide when registering to use the payD Service as set out in paragraph ‎4.1 above;

6.1.5        we may also ask you for information when you enter a competition or promotion and when you report a problem with the payD Service;

6.1.6        if you contact us, we may keep a record of that correspondence.

6.1.7        we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

6.1.8        details of your use of the payD Service, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise and the resources (content) that you access.

6.2       We are certified in terms of the Payment Card Industry Data Security Standards (“PCI-DSS”) level 1, and will take all reasonable steps to safeguard the privacy and security of your information.  However, any transmission of your information is entirely at your own risk.

6.3       We will keep your personal information only to enable us to use it for the purposes described in these Terms.

6.4       We use information collected and held about you in the following ways:

6.4.1         to ensure that the payD Service is presented in the most effective manner for you and for your Registered Mobile Device;

6.4.2         process your transaction;

6.4.3         to verify your identity;

6.4.4         to allow you to participate in interactive features made available via the payD Service, when you choose to do so.

6.5       We will treat your information as confidential and shall not disclose your information to third parties, except as permitted under these Terms or where we are legally compelled to do so.

6.6       We will keep a record of your personal information collected by us and the purpose for which your personal information was collected.  We will keep this record for as long as we require your information to provide you with the payD Service and for a period of 1 year thereafter.  Upon the expiry of this 1 year period, we will delete your information from our records, except where we are required by law to retain your information for any longer period.

6.7       In addition to 6.6 above, we will also keep a record of each and every payment instruction we receive from you for a period of 5 years in terms of Notice 1111 of 2007 published in terms of Government Gazette 30261.

6.8       In addition to the above, you acknowledge and consent that we may disclose your information under the following circumstances:

6.8.1         we might need to disclose your information to perform payment transactions with other entities, including but not limited to, financial institutions that issue payment cards or process payment card transactions and entities that assist with payment transaction processing;

6.8.2        we may disclose your information to service providers who perform services on our behalf (these service providers are prohibited from using or disclosing the information except where necessary to perform their services and we shall procure that these service providers are also required to take all reasonable steps to safeguard the privacy and security of your information);

6.8.3        to our legal advisors, financial advisors, auditors or a competent court in connection with any legal proceedings; and

6.8.4        upon receiving your written consent.

6.9       You acknowledge and consent that we may compile, use and share any information that does not identify you as an individual.

6.10     You acknowledge and consent that we own and retain all rights to non-personal statistical information collected and compiled by us.

7.     Disclaimers and Limitation of Liability

7.1       You acknowledge and consent that you use the payD Service entirely at your own risk and that neither we nor our affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind).

7.2       Without limiting the generality of the aforesaid, you acknowledge and consent that neither we nor our affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind) or any other action arising from:

7.2.1         any defect, fault, malfunction and/or delay in your hardware and/or software;

7.2.2        any defect, failure, fault and/or delay in connectivity to the Internet;

7.2.3        any defect, failure, fault, delay or unavailability of the payD Service for any reason whatsoever;

7.2.4        viruses and/or spam that may infect your Registered Mobile Device;

7.2.5        any failure on the part of a merchant to deliver the goods and/or services you purchased using the payD Service;

7.2.6        the payD Service, our systems and/or your information held by us being compromised in any way; or

7.2.7        a third party gaining access to and using your information held by us.

7.3       You acknowledge and consent that neither us nor our affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law we may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind) or action arising from a failed transaction with a merchant, including but not limited to, there being insufficient funds available in your account.

7.4       We do not endorse the accuracy or reliability of any information provided by a merchant on its website or otherwise and therefore we and our affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law we may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind) or action arising from any defects in the said information.  You acknowledge and consent that your reliance upon any information provided by a merchant on its website or otherwise shall be at your own risk.

7.5       Links on a merchant’s website are owned or operated by third parties and their content are neither associated with us nor endorsed by us and neither we nor our affiliates, officers, directors, employees, servants, agents or contractors or other persons for whom in law we may be liable to, will not, under any circumstances, be liable to you for any loss or damages (including, but not limited to, consequential, direct, indirect, special, punitive or incidental damages and damages or losses of any other kind) or action arising from your use of and/or access to the said links.  You acknowledge and agree that you use and access the said links entirely at your own risk.

8.     Termination and Suspension

8.1       You may deregister from using the payD Service at any time.

8.2       We may terminate or suspend your use of the payD Service if:

8.2.1         we suspect any risk to ourselves through your use of the payD Service;

8.2.2         we are required by law to do so or so ordered by a competent court;

8.2.3         we become aware or have reasonable grounds to suspect that your Registered Mobile Device, your SIM card or your bank card PIN is being used, has been used or is likely to be used in an unlawful or unauthorised manner;

8.2.4         we become aware or have reasonable grounds to suspect that you or any other person using your Registered Mobile Device, your bank card PIN or your SIM card are attempting to compromise our payD Service or systems or if you or such other person are unreasonably interfering with our payD Service or systems; or

8.2.5         we become aware or have reasonable grounds to suspect that your use of the payD Service violates any of these Terms or is in contravention of any applicable law or regulations.

8.3       We also reserve the right to, in our sole discretion, suspend your use of the payD Service pending any investigation regarding inappropriate use of the payD Service.

9.     Intellectual Property

9.1       Any and all copyright, trade marks and other intellectual property rights used in connection with the payD Service, or contained in documents (in electronic form or otherwise) relating to the payD Service are owned by either us or other third parties and you acknowledge and consent that you acquire no rights thereto.

9.2      All the content, trade marks and data used by the payD Service, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Oltio and as such are protected from infringement by local and international legislation and treaties.

9.3      The rights of third parties in their trade marks, patents, designs, forms and copyright remain the property of those third parties and the use thereof is prohibited unless expressed permission to do so is obtained from such third parties.

10.     Severability

In the event that any term or condition of these Terms is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

11.      Assignment

You may not transfer or assign any rights or obligations you have under these Terms and any contract governed by these Terms without our prior written consent. We reserve the right to transfer or assign any contract governed by these Terms or any right or obligation under such contract at any time.

12.     Disputes

12.1       Between You and Us

12.1.1         Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and us on any matter provided for in, or arising out of these Terms and not resolved by our customer relations department (contactable using the contact details provided in clause ‎15 below), then such a dispute may be finally resolved in accordance with the Rules for Expedited Arbitrations of the Arbitration Foundation of South Africa by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa.  The rules are available at http://www.arbitration.co.za/downloads/expedited_rules.pdf.

12.1.2         The said arbitration shall be held at Johannesburg in the English language and shall be held immediately after it is demanded with the understanding that it is to be completed within 21 days.  You acknowledge and consent that the decision of the arbitrator or arbitrators in the arbitration proceedings shall be final and binding on you and that the arbitration decision may, on application, be made an order of court.

12.1.3         You acknowledge and consent that we reserve the right to deal with any disputes arising out or in connection with these Terms and/or any contract governed by these Terms in any forum of our choice, which includes but is not limited to the courts of the Republic of South Africa.

12.1.4         You acknowledge and consent that we are entitled but not obliged to institute any proceedings arising out or in connection with these Terms and/or any contract governed by these Terms in any Magistrate Court in the Republic of South Africa that has jurisdiction over you even in circumstances where the relevant cause of action exceeds the jurisdiction of that court.

12.2       Between you and a Merchant

As stated in paragraph 5.5 above, we are not a party to the transaction (contract) between you and the merchant from whom you purchase or offer to purchase goods and/or services using the payD Service.  Any dispute arising between you and the merchant from whom you purchased or offer to purchase goods and/or services using the payD Service is therefore a matter between you and the relevant merchant and not between you and us.

13.     Address for Notices and Legal Proceedings

13.1       We choose as our address for all purposes under these Terms, whether in respect of court proceedings, notices, other documents or communications of whatsoever nature, the following address:

13.1.1         Physical Address:

1st Floor
68 Grayston Drive
Sandton
2196
Republic of South Africa

13.2       All notices, documentation or any other communications must be delivered by registered post or delivered by hand to the above physical address.

13.3       Notices, documentation or any other communications sent to the above physical address will only be deemed delivered:

13.3.1         14 days after posting it by registered post to the above physical address; and

13.3.2         3 days after delivering it by hand to the above physical address.

13.4       For a notice, documentation or any other communications to be validly delivered to us, a copy of that notice, documentation or communication must be sent to [email protected].

13.5       Upon sending you documents in relation to court proceedings or any other notices, documentation or communication whatsoever nature, you will be regarded to have received such documents, notices or communication:

13.5.1         7 days after posting the documentation, notices or communication by regular or registered post; and

13.5.2         on the same day if delivered by hand.

14.     Cost

You will be responsible for all costs, including legal costs on the attorney and own client scale and value-added tax incurred by us as a result of your breach of these Terms.

15.     How to Contact Us

15.1       If you are not satisfied with or have any queries relating to any of the following, please contact the merchant and/or your bank:

15.1.1         the value of invalid sales;

15.1.2        the value of specific promotions;

15.1.3        the value of reversals of incomplete sales;

15.1.4        any refunds due to you; and

15.1.5        any overpayment entered by you.

15.2       Any queries in relation to your experience using the payD Service, any technical issues, general questions, requests for assistance with registration and/or use of the payD Services and any complaints should be addressed to [email protected].