User Agreement for W1 ZAR
By accepting this User Agreement, you bind yourself to the terms and conditions contained herein, including certain terms which:
- limit and exclude obligations, liabilities and legal responsibilities which we may have towards you and also limit and exclude your rights and remedies and place various risks, liabilities, obligations and legal responsibilities on you;
- require you to assume risk or liability and may limit your rights and remedies to claim against us;
- require you to indemnify us against certain loss and liability may place various risks, liabilities, obligations and legal responsibilities on you and may entitle us to payment from you of the amount of such claims; and
- constitute acknowledgment of certain facts by you. You must read each clause carefully and ensure that such acknowledgment is true and correct. If it is not true and correct, that acknowledgment may limit your rights to later claim that you were not aware of those facts or that the acknowledgment is not true and correct;
- accept that certain service available on Wallet One globally may be restricted due regulations in South Africa.
This User Agreement is a contract between you and W1 ePayment Services (Pty) Ltd, registration number 2016/281354/07 (hereinafter referred to as “Wallet One SA” or “we”, “us”, “our”), which owns and operates www.walletone.co.za (“Website”) and the services offered thereon. This User Agreement applies to your use of the various payment services made available to you by Wallet One SA (“Services”) when you subscribe for a virtual ‘Wallet One SA Wallet’ (“Wallet”). If you do not agree to be bound by the terms and conditions of this User Agreement, you may not register, use or access the Services.
This is an important document which you must consider carefully when choosing whether to use the Wallet and/or any of the Services at any time. This User Agreement highlights the risks in using the Services and provides guidance on how to effect online and mobile payments using the Services. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Wallet One SA user.
The headings and subheadings in this User Agreement are for reference purposes only and do not limit the scope of each section. Underlined words in this User Agreement and on our Website hyperlink to relevant information.
1. CHANGES TO THIS USER AGREEMENT
1.2 If you do not agree to any amendment made to this User Agreement from time to time, you will be entitled to terminate your Wallet as provided in clause 18 below.
2. THE LEGAL RELATIONSHIP BETWEEN YOU AND WALLET ONE SA
2.1 Who is Wallet One SA? W1 ePayment Services (Pty) Ltd is a South African company and the official partner for Wallet One in South Africa.
2.2 Purpose of this User Agreement: This User Agreement governs the relationship between Wallet One SA and users who have registered with Wallet One SA for the Wallet (“Users”), so as to be able to make online and mobile payments using the Services. It highlights the benefits and risks associated with using such Services (including the possibility of unauthorised transactions occurring from a User’s Wallet) and provides guidance on how to effect payments using the Services. Note that the Services are, and your use of the Services is, subject to all policies and/or rules which are posted in conjunction with those Services from time to time, which policies and/or rules are hereby incorporated by reference into, and form part of, this User Agreement.
2.3 Legally binding contract: This User Agreement will become a legally binding contract between you and Wallet One once you electronically accept the terms and conditions contained herein and you electronically submit your registration information and Wallet One SA confirms that your registration is complete and has been accepted. By registering to become a Wallet User, you agree to the terms and conditions set out in this User Agreement, including those terms and policies incorporated by reference herein. You may not use the Services unless you agree to this User Agreement. By completing the registration process, you are deemed to have read and agreed to all the terms and conditions of this User Agreement.
3. REGISTRATION REQUIREMENTS AND USER ELIGIBILITY
3.1 Registration: In order to use the Services, you must accept the terms of this User Agreement and complete the registration process for a Wallet. If acceptable to Wallet One SA as contemplated in clause 3.4 below, Wallet One SA will confirm your registration is complete and has been accepted.
3.2.1 you may only hold one Wallet.
3.2.2 you may not act as an agent for another person or open or operate a Wallet for another person.
3.2.3 beneficial ownership of all or part of your Wallet by a third party is not permitted.
3.3 Eligibility: You will only be eligible to obtain a Wallet and use the Services if you meet the following eligibility requirements:
3.3.1 if you are an individual, you must be at least 18 years old and have the legal capacity to conclude legally binding contracts; or
3.3.2 if you are a company, corporation or some other form of legal entity (“Legal Entity“), the individual making application for the Wallet on your behalf must be at least 18 years old, have the legal capacity to conclude legally binding contracts, and be duly authorised to conclude contracts on your behalf. If you do not meet the aforesaid eligibility criteria, you may not register to become a User. By registering as a User, you (or in the case of clause 3.3.2 above each of you and the person submitting the registration and/or accepting this User Agreement on your behalf),warrant that you have contractual capacity to enter into this User Agreement and meet the eligibility criteria.
3.4 Refusal: Compliance with the registration and eligibility requirements does not automatically entitle a person to a Wallet and/or the use of the Services. Wallet One SA may at its sole discretion (acting reasonably) accept or refuse the application of any person. Reasons for such refusal may include, for example, that you have previously been suspended from our Services or you pose an unacceptable level of risk.
4. COMMENCEMENT AND DURATION OF SERVICES
4.1 The Wallet Services will commence upon Wallet One SA’s confirmation of your successful registration as a User and will endure indefinitely, subject to termination in accordance with clause 18 below.
4.2 You acknowledge that this User Agreement (as amended from time to time) will continue to bind you for as long as you use any of the Services.
5. NATURE OF THE SERVICES WE PROVIDE TO USERS
5.1 Scope: Although Wallet One SA provides a range of online payment related services to both payment makers and payment receivers, this User Agreement only regulates the services provided by Wallet One SA to persons wanting to make online and mobile payments to third parties using the Wallet. You appoint Wallet One SA to act as your agent to manage the Wallet and to receive funds and expend funds on your behalf in accordance with this User Agreement, which appointment Wallet One SA accepts.
5.2 Nature of Wallet: The Wallet operates like a virtual wallet in which your credit card details and/or cash can be stored and then utilised to make payments to those sellers of products and/or services who support payments made via the Wallet (as are listed from time to time on our Website)(“Merchants”) as well as to other Users. Merchants who support Wallet payments may change over time and may include Merchants who operate online stores as well as physical stores. The precise way in which the Wallet facilitates credit card payments and cash payments is set out in clauses 6 and 7 below, respectively.
5.3 Access to Wallet: You will be able to access your Wallet and the Services when logged in on the Website, Android and IOS Smart Application as well as via an unstructured supplementary service data service, being a service provided through a mobile network operator that allows you to access your Wallet by entering a PIN (“USSD”). The Wallet One SA USSD service is accessible by dialing *120*9663# on your mobile phone.
5.4 Acknowledgements by User: Although Wallet One SA acts as a payment service provider by facilitating the making of payments by its Users via electronic channels, you acknowledge and agree that:
5.4.1 Wallet One SA is not a remittance business or a money transfer service;
5.4.2 Wallet One SA is not a bank and does not offer banking services;
5.4.3 in providing the Services, Wallet One SA acts solely upon and in accordance with your instructions; and 5.4.4 Wallet One SA is not a common carrier or public utility.
6. CREDIT CARD PAYMENT SERVICE 6.1 Loading your credit cards:
6.1.1 When logged into your Wallet, you can store credit card details, including inter alia the credit card number, the date of expiry and the card holder’s name (“Card Details”), in respect of any of the following credit cards accepted by Wallet One SA: VISA or MasterCard (“Card”).
6.1.2 You may store up to a maximum of 4 Cards on your Wallet.
6.1.3 Any Card Details entered by you are encrypted and stored in our secure Payment Card Industry (“PCI”) compliant environment.
6.2 Using your Cards:
6.2.1 When you purchase goods and services online at a website (or mobi site) which enables Wallet One Payments and you select to pay using a Card stored virtually in your Wallet, you will be able to make your purchase without having to provide your Card Details to such Merchant. Instead, you will be redirected to Wallet One SA’s Website where you will enter your Wallet One username, password and the relevant Card’s CVV number, and Wallet One SA will authenticate you as being a User, retrieve your encrypted Card Detail from our secure PCI compliant environment and process the payment against your Card on behalf of the Merchant. You hereby consent to Wallet One SA providing your Card Details to the relevant Merchant if Wallet One determines it is necessary for purpose of or in relation to such transaction.
6.2.2 Should a Merchant refund you for any reason, as with any other credit card transaction, the refund will be processed onto your Card.
6.2.3 Note that, depending on the type of services we provide to the relevant Merchant, your monthly bank-issued Card statement will reflect the Payment as one made either to the relevant Merchant or to Wallet One.
7. CASH PAYMENT SERVICE
7.1 Loading your cash:
7.1.1 When logged into your Wallet, you can load cash into your Wallet by paying funds into Wallet One SA’s bank account using the payment methods available from time to time (as indicated on our Website).Note that certain payment methods may carry certain restrictions on how soon the funds so loaded into your Wallet may be utilised as may be indicated on the Website and may carry cash deposit fees depending on the payment method.
7.1.2 Funds paid to Wallet One SA for loading into your Wallet are held by Wallet One SA as agent on your behalf, separately from Wallet One SA’s other funds, to be utilised by Wallet One SA in making Payments to Merchants on your behalf and on your instruction in accordance with clause
7.2 below. To the extent that any interest accrues on such funds, you agree that any such interest will accrue to Wallet One SA.
7.2 Using your cash:
7.2.1 When you need to pay a Merchant that accepts payments via the Wallet, you can access your Wallet (either via the Website when shopping online, the Android or IOS Smart Device Application or via USSD when shopping elsewhere) and effect the payment from the cash you have loaded into your Wallet (as per clause 7.1 above) by instructing Wallet One to make the payment to the Merchant on your behalf.
7.2.2 Wallet One SA will only be able to effect a payment on your behalf as contemplated above if you have loaded sufficient cash into your Wallet, failing which, you will receive a payment failure notification. Note that you cannot make a payment to a Merchant partially out of your Wallet cash and partially out of your Wallet Cards.
7.2.3 When logged into your Wallet, you can instruct Wallet One to allocate some or all of the funds held on your behalf to another User, in which event such funds will cease to be held on your behalf and will then be held by Wallet One on such other User’s behalf, to be utilised by such other User as he/she deems fit in accordance with the terms of his/her Wallet User Agreement
7.2.4 Usage restrictions: Note that you cannot utilise the funds you have loaded into your Wallet for anything other than making payments to Merchants, or allocating such funds to another User’s Wallet. This means, amongst other things, that you cannot cash-out funds you have loaded into your Wallet. More specifically –
184.108.40.206 you cannot instruct that any funds loaded into your Wallet be repaid to you (and any allocation of funds to another User’s Wallet similarly cannot be paid out in cash to such other User). You may however, subject to the InstantMoney Terms and Conditions, buy an InstantMoney voucher which will allow the transfer of funds from a sender to a beneficiary and/or exchange an InstantMoney voucher for cash at one of the InstantMoney cash-out partners. Applicable fees apply and can be viewed here;
220.127.116.11 should a Merchant refund you for any reason on a transaction where you paid using funds in your Wallet, such refund will be processed back into your Wallet, meaning that the funds will be transferred from the Merchant’s bank account back to Wallet One SA’s bank account, to be held again by Wallet One SA on your behalf in accordance with the terms of this User Agreement.
7.3 Monitoring your cash: When logged into your Wallet, you will be able to view the amounts you have loaded into your Wallet, as well as the amounts paid out of your Wallet to Merchants, or allocated out of your Wallet to other Users’ Wallets, on your behalf.
7.4 Important things to note:
7.4.1 No reversals. Wallet One SA’s Services are limited to making payments to Merchants or other Users on your behalf and on your instruction. Wallet One SA does not collect payments from others for you, or make payments to you, on your instruction (including in the form of reversing payments already made by Wallet One SA on your behalf, irrespective of the reason for such reversal). You give payment instructions to Wallet One SA at your own risk, and once Wallet One SA has effected a payment in accordance with your instructions, you will not be able to instruct Wallet One SA to cancel or reverse that payment for any reason whatsoever, including circumstances in which you made an error as to the amount to be paid, or the identity of the person you wished to pay, or that the goods or services for which you are paying have not been delivered or are defective. Should you wish to reverse any payment made to a Merchant you will have to liaise directly with the relevant Merchant to arrange a refund (in which case the provisions of clause 18.104.22.168 above will apply). Similarly, should you wish to reverse any instructed allocation of Wallet funds to another User’s Wallet, you need to liaise directly with that User to arrange that the other User allocates the funds back to your Wallet.
7.4.2 Indemnity: Wallet One SA will in no way be liable to you or anyone else in respect of any payments made in accordance with your instructions and you hereby indemnify Wallet One SA against loss, expense or damage which may be suffered, or third party claims which may be made against Wallet One SA which arise out of Wallet One SA having carried out payments in accordance with your instructions.
7.4.3 Chargebacks: If you load cash into your Wallet using a credit card payment into Wallet One SA’s bank account and such credit card payment is thereafter charged back, you will remain liable to Wallet One SA for any payments made by Wallet One SA on your behalf prior to such chargeback.
7.4.4 Limits: Wallet One SA, acting reasonably, shall be entitled to implement such limits as it may deem necessary from time to time as to the size of the amounts you will be able to load into your Wallet and/or payout of your Wallet to Merchants or to other Users. You will be notified in advance of any such limits.
7.4.5 Discount Rewards: Wallet One SA negotiates discounts from merchants and may offer these discounts as rewards for using the WalletOne system in full or in part to Wallet One users at its sole discretion, which discounts will be accounted to the users Wallet when making payment to merchants. Wallet One SA reserves the right to change the discounts at its sole discretion without notice.
8. OTHER SERVICES
8.1 Change in Services: Wallet One SA shall be entitled from time to time, acting reasonably,to modify or withdraw any of the Services or provide additional services (“Other Services”) pertaining to the Wallet at any time and for any reason whatsoever, on prior notice to Users (which notice will be posted on the Website as contemplated in clause 1 above).
8.2 Value-added products and services: As a User, you may from time to time be able to use the cash loaded into your Wallet to purchase certain products including cellular network airtime vouchers and/or pre-paid electricity vouchers via the Website, Android or IOS Application and/or USSD. In respect of any such purchase, Wallet One SA will be the Merchant for purposes of this User Agreement. The terms and conditions applicable to making such purchases from Wallet One SA as a Merchant are set out on the Website.
9. FEES AND OTHER CHARGES
9.1 Credit card payment Services: Wallet One SA does not charge Users any fees for enabling Users to make payments to Merchants using the Cards in their Wallets (as contemplated in clause 6 above).
9.2 Cash payment services & other services: The fees payable by a User for Other Services from time to time, including the Cash Payment Service described in clause 7 above, are as set out on the Fees List as specified on the Website from time to time) and accessible here.
9.3 Change in fees: Wallet One SA reserves the right to change its fees from time to time. Notification of such changes will be communicated to Users on the Website and via email to the email address associated with a User’s Wallet. Should a User not be satisfied with any of the revised fees, such User may terminate his/her its Wallet in accordance with clause 18 below.
9.4 Annual service fee: Use of the Wallet One service is subject to payment of an annual subscription of R49 (Inclusive of VAT). Wallet One reserves the right to change this fee from time to time. Notification of such changes will be communicated to Users on the Website and via email to the email address associated with a User’s Wallet. Should a User not be satisfied with any of the revised fees, such User may terminate his/her its Wallet in accordance with clause 18 below.
10. YOUR INFORMATION
10.1 Providing information: When registering for a Wallet, you will be required to provide certain personal and other information (including credit card information) to Wallet One SA to enable Wallet One SA to provide the Services to you(“Your Information”). In using the Wallet and the Services, or any aspect thereof, you may be requested to provide us or other Users with further information.
10.2 Accuracy:To the extent allowed by law, you are solely responsible for the accuracy of the information you provide to us or other Users and Wallet One SA will not be liable to you in any way whatsoever for any loss, expense, or damage suffered by you, or claims made by third parties against you which arise from or in relation to your having submitted inaccurate information to Wallet One SA. To the extent allowed by law, you further indemnify Wallet One SA against any loss, expense or damage we may suffer, or claims made by third parties against Wallet One SA, which arise from or in relation to your having submitted inaccurate information to Wallet One SA.
10.3 Information regarding your identity: You authorise Wallet One SA, during your initial registration process and from time to time thereafter, to make any inquiries it considers reasonably necessary to verify your identity and registration details. Such verification may include but is not limited to verifying the information you provide against third party databases, and requiring you to provide Wallet One SA with faxed or scanned copies of documentation such as a copy of the biographical data page of a government-issued identification card or proof of address. Wallet One SA does not guarantee any Merchant’s or User’s identity.
10.4 Information regarding your credit worthiness: You hereby consent to Wallet One SA, during your initial registration process and from time to time ‐
10.4.1 making enquiries about your credit record or identity with any credit reference agency or identity verification company and/or any other party in order to confirm such credit or identity information;
10.4.2 providing regular updates regarding your conduct in utilising the Services to any credit reference agencies and allowing such credit reference agencies in turn to make such credit record and/or credit information available to other credit grantors; and
10.4.3 making all such queries and/or taking all such steps as Wallet One SA may be lawfully entitled to do so from time to time. To the extent allowed by law, you hereby indemnify Wallet One SA against any loss and hold Wallet One SA harmless against any claim arising from any inaccuracy in the credit information provided by you to Wallet One SA.
11.1 Your security obligations
11.1.1 Username, password and PIN: As a registered User, you will be required to provide us with a unique username and password selected by you, which will enable you to sign into your Wallet on the Website. You will also be given or will be required to provide us with a 4-digit numeric PIN,which you will use to access your Wallet from your mobile phone. In the case where a start PIN is given to you and sent via SMS, it is your responsibility to setup a new PIN.
11.1.2 Note:It is your responsibility, and you agree, to keep your username, password and PIN secure and confidential at all times. You agree that your username, password and PIN will only be used for your own personal use and will not be disclosed to any other person/s, and that you will not enable any other person/s to otherwise access your Wallet. Should you forget either your username or password, the Website will enable you to reset your username or password by answering your security question. Should you forget your PIN, then you can log into your account and request a new PIN. Should you still encounter problems, please contact Wallet One SA on email address email@example.com.
11.1.3 You are solely responsible for securing all data in your possession and/or under your control.
11.1.4 All the Website’s web pages begin with https://www.walletone.com and you should thus only log in to your Wallet from a page which begins with https://www.walletone.co.za or htts://www.walletone.com.
11.1.5 The USSD service to access your Wallet can be accessed by dialling *120*9663# from your mobile phone. You should only ever enter your Wallet PIN when you are certain that you have dialled this number from your mobile phone. You can also setup a transactional one time pin for every transaction in your profile by logging into your Wallet.
11.2 Our Security Obligations
11.2.1 Wallet One SA stores and processes Your Information as well as all information relating to the use of your Wallet on computers located in the Republic of South Africa that are protected by physical and technological security devices. 11.2.2 Wallet One SA will comply with PCI Data Security Standards (“PCI DSS”), which sets out the industry standards for maintaining a secure environment. Further details about our security policy and our compliance certificate can be requested from firstname.lastname@example.org.
11.2.3 All Card Details are secured by secure socket layer (“SSL”) encryption and reinforced through various encryption processes in order to provide protection for all sensitive payment information. Wallet One SA does not store or access any unencrypted Card Details. Card Details entered by you are SSL encrypted and stored in our secure PCI environment. 11.2.4 Wallet One SA uses third parties to verify and certify our privacy principles.
11.2.5 Wallet One SA takes all reasonable steps to ensure the integrity and security of the Website and back-office applications.
12.1 Wallet One SA respects your privacy and shall take all reasonable and legally required steps to protect Your Information.
12.2 Wallet One SA will not sell or rent your personal information to third parties for marketing purposes without your consent.
13. PROHIBITED CONDUCT
13.1 You agree to use the Services in accordance with the terms of this User Agreement and all applicable laws, regulations and ordinances.
13.2 In particular, you undertake not to engage in any of the following prohibited conduct in using the Website or the Services:
13.2.1 threatening, stalking, defrauding, inciting, harassing, or advocating the harassment of another person, User or Merchant, or otherwise interfering with another person’s use of the Website or the Services;
13.2.2 submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion; 13.2.3 conducting fraudulent or otherwise illegal activities;
13.2.4 conducting illegal gambling and/or gaming activities, including but not limited to payment for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos and office pools);
13.2.5 delivering or attempting to deliver any damaging code to the Website or attempting to gain unauthorised access to any page on the Website; 13.2.6 tampering, hacking, modifying or otherwise corrupting the security or functionality of the Website or any of the Services;
13.2.7 posting spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; 13.2.8 keyword spamming or otherwise attempting to manipulate search results;
13.2.9 promoting bigotry or discrimination;
13.2.10 violating any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
13.2.11 being defamatory, trade libellous, unlawfully threatening or unlawfully harassing
13.2.12 transmitting or posting profanity, adult content or illegal content, such as child pornography;
13.2.13 soliciting personal information from minors or to harm or threaten to cause harm to minors;violating the User Agreement or any applicable law;
13.2.14 modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works or adaptations of, publicly displaying, selling, trading, or in any way exploiting the Website or Website content (other than Your Information), except as expressly authorised by Wallet One SA in this User Agreement;
13.2.15 reverse engineering any portion of the Website or any of the Services;
13.2.16 removing or modifying any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
13.2.17 recording, processing, or mining information about other Users or Merchants;
13.2.18 using any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website Content;
13.2.19 accessing, retrieving or indexing the Website to construct or populate a searchable database of business listings or reviews;
13.2.20 reformatting or framing any portion of the Website;
13.2.21 taking any action that imposes, or may impose in our reasonable discretion, an unreasonable or disproportionately large load on Wallet One SA’s technology infrastructure after having received a request from Wallet One SA to reduce the load and you fail to do so, or after having received a request from Wallet One SA to not place large loads on Wallet One SA’s technology infrastructure;
13.2.22 attempting to gain unauthorised access to the Website, Wallets, computer systems or networks connected to the Website through hacking, password mining or any other means;
13.2.23 using the Website, any Website contentor any of the Services to transmit any computer viruses, worms, defects, Trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature in that they may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
13.2.24 using any device, software or routine that interferes with the proper working of the Website or Service, or otherwise attempting to interfere with the proper working of the Website or Service;
13.2.25 making excessive traffic demands;
13.2.26 violating the security of any computer network, crack passwords or security encryption codes;
13.2.27 disrupting or interfering with the security of, or otherwise causing harm to, the Website, any Website content or any of the Services;
13.2.28 removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Website or any of the Services, features that prevent or restrict the use or copying of Website content, or features that enforce limitations on the use of the Website or any of the Services;
13.2.29 doing anything which may render Wallet One SA liable to anyone, or cause Wallet One SA to lose (in whole or in part) the services of its internet service providers or other suppliers, after having received a request from Wallet One SA to refrain from doing any such things or to remedy any such acts and your failing to do so.
13.3 Liability for prohibited conduct: You acknowledge that if you use the Website and/or Services in a manner that breaches any of the conditions as set out above, Wallet One SA may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers and accordingly in the event of any such violation:
13.3.1 your Wallet will be subject to limitation, suspension or immediate termination, under clause 18 below;
13.3.2 you may be subject to criminal prosecution where applicable;
13.3.3 you will be liable for damages and other penalties; and
13.3.4 you will be held liable to Wallet One SA for any and all damages suffered by Wallet One SA and, without limiting the generality of the aforegoing, you shall reimburse Wallet One SA for any and all costs, expenses, and fines levied on Wallet One SA by third parties such as its payment processors and/or service providers as a result of your breach.
13.4 Litigation costs: You agree that, if either you or Wallet One SA commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover lawyers’ fees and any other costs reasonably incurred in such proceeding on the attorney and own-client scale,in addition to any other relief to which the prevailing party may be entitled.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All the content, trademarks and data on this Website, or used in relation to the Services including but not limited to any and all the copyrighted works, software, databases, text, graphics, icons, designs, domain names, hyperlinks, information and agreements (“Content“), are the property of or licensed to Wallet One SA and as such are protected from copying and infringement by local and international legislation and treaties. The Content may not be reproduced or copied by any means, whether electronically or otherwise, without prior written consent from Wallet One SA.
14.2 Any and intellectual property rights subsisting in the Website, the Content, the Services and the User Agreement, or otherwise developed by or on behalf of Wallet One SA, including all patents, rights in inventions, rights in design, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights subsisting now or in future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property Rights“) vests in Wallet One SA and all rights not expressly granted are reserved.
14.3 You may only download, view and print content from this Website for private and non-commercial purposes and for no other purposes whatsoever (including for any commercial use), save with the express prior written consent of Wallet One SA. To request such consent please email us at email@example.com.
14.4 Wallet One SA cannot screen or edit all the user-generated content available from the Website(such as on the Wallet One SA blog) and, to the extent allowed by law, does not accept any liability for illegal, defamatory, offensive or obscene content other than as a result of Wallet One SA’s gross negligence in respect of screening content on the Website. You are encouraged to inform Wallet One SA of any Website content that may be illegal, defamatory, offensive or obscene.
15. YOUR RELATIONSHIP WITH MERCHANTS AND OTHER USERS
15.1 Wallet One SA offers services to both Users and Merchants. However, Wallet One SA’s contractual relationship with Users is separate and independent from its relationship with Merchants. As stated above, this User Agreement applies to each User, as the maker of Payments. Should you wish to receive payments electronically via Wallet One SA, you must complete a separate registration to become a Merchant and agree to the terms of the agreement that we conclude with Merchants (“Merchant Agreement”). Contact us for more information in this regard.
15.2 The User Agreement and Merchant Agreement oblige Users and Merchants to conduct themselves in a certain manner and prohibits various types of conduct. Should you experience any problems with a Merchant or another User, please contact Wallet One SA at firstname.lastname@example.org to report the problem so that Wallet One SA may, if we deem it necessary, investigate the complaint further and/or avail ourselves of our rights in respect of such Merchant or User.
15.3 Wallet One SA reserves the right, but is not obliged, to get involved in any dispute between you and a Merchant or another User in an attempt to resolve same as well as to take all steps it deems reasonably necessary to combat suspected fraud. Such involvement may include Wallet One SA furnishing and/or requesting certain documentary evidence where relevant.
15.4 Notwithstanding the foregoing however, you acknowledge and agree that –
15.4.1 Wallet One SA has no actual control over, and does not give any guarantees or representations in relation to the manner in which other Users or Merchants conduct themselves, whether a Merchant will in fact honour your transaction with it or the products or services offered by Merchants;
15.4.2 any disputes which may arise between you and a Merchant (or another User) are between you and the Merchant (or other User, as the case may be) alone, to be resolved between you and the Merchant or other User alone, without Wallet One SA being in any way obliged to intervene or attempt to resolve such dispute; and
15.4.3 consequently, Wallet One SA (and our officers, directors, agents, subsidiaries, joint ventures and employees) will in no way be liable to you or anyone else in any way whatsoever in relation to a Merchant or another User’s conduct, including for any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected to any dispute you may have with any Merchant or other User, including any dispute which Wallet One SA has attempted to resolve in terms of
16. DISCLAIMER & LIMITATION OF LIABILITY
16.1 Although Wallet One SA uses reasonable care and diligence to ensure that the Services are available, accurate, complete, correct, error-free, secure, up-to-date and/or reliable, Wallet One SA makes no representations or warranties, implied or otherwise, that, amongst others, the Services, the content and technology available from the Website or information provided by Wallet One SA via email or other means will be available, timely, accurate, complete, correct, error-free, secure, 100% uninterrupted, up-to-date and/or reliable, save to the extent expressly provided in this User Agreement. This clause shall only apply to the extent permitted by law, and specifically shall not apply to the extent, if any,to which Wallet One SA may be liable to you under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to the Services and/or under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) in relation to Wallet One SA’s payment systems not being sufficiently secure.
16.2 To the extent permitted by law, you therefore agree that the Website and the Service are supplied on an “as is” basis, have not been compiled or supplied to meet your individual requirements, and are used at your sole discretion and risk and that it is your sole responsibility to satisfy yourself prior to accepting this User Agreement that the Service available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software. You are encouraged to report any possible malfunctions and errors by way of email to email@example.com.
16.3 More specifically, to the extent permitted by law:
16.3.1 regarding security, although Wallet One SA will use its reasonable endeavours to ensure the security of the Services and the Wallet One SA e-commerce network infrastructure, we cannot guarantee the security thereof and Wallet One SA will not be liable in any way whatsoever in respect of any loss or damage of whatever nature suffered by you or any third party as a consequence of a breach of security of the Services and/or the Wallet One SA e-commerce network infrastructure;
16.3.2 regarding downtime, you agree that your access to the Website and mobile systems may be restricted from time to time to allow for repairs, maintenance or the introduction of new services, provided that we will attempt to restore the Website and mobile systems as soon as we reasonably can;
16.3.3 hyperlinks provided on the Website to non-Wallet One SA sites are provided as is and Wallet One SA does not necessarily agree with, edit or sponsor the content on such web pages; and
16.3.4 information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of Wallet One SA and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
16.4 Without limiting the generality of the foregoing, we will not, to the extent allowed by law, be responsible for any of the following even if we should have known there was a possibility you could experience the relevant problem and in each case whether suffered by you directly or indirectly:
16.4.1 financial or similar loss of any kind, including, for example, loss of profits, business, estimated savings, chargeable time or goodwill;
16.4.2 any interruption to your business (including interruption to Services) or loss of or damage to information, however that interruption, loss or damage is caused;
16.4.3 loss or damage suffered by you which we could not have reasonably known about at the time you entered into this User Agreement; and
16.4.4 losses you suffer as a result of using any of the Services other than as described in the relevant documents or as otherwise described on our Website.
16.5 To the extent allowed by law, nothing in this User Agreement will prevent or limit either of your or Wallet One SA’s liability for:
16.5.1 fraud or wilful misconduct;
16.5.2 death or personal injury arising out of negligence; or
16.5.3 gross negligence.
16.6 You acknowledge that the allocation of risk and responsibility as set out in this User Agreement is reasonable because it accords with:
16.6.1 Wallet One SA’s inability to control how, and for what purposes, you use the Services;
16.6.2 Wallet One SA not having developed any of the Services specifically for you;
16.6.3 the fact that, while Wallet One SA follows good industry practice, it is not economically possible for Wallet One SA to exhaustively test any software that supports the Services; and
16.6.4 the amount of fees, if any, paid by you for the Services.
16.7 Notwithstanding our aforesaid disclaimer of liability, should we nevertheless be found to be liable to you in relation to the Services for any reason, then, to the extent allowed by law, our maximum aggregate responsibility and liability to you (including for negligence and whether pursuant to one or more claims) in relation to this User Agreement and the Services will be limited to paying you the lesser of an amount equal to the total amount of fees you paid to us for such Service in the 12 months prior to the incident, or R5,000 (five thousand rand).
16.8 To the extent allowed by law, under no circumstances whatsoever will Wallet One SA or any of our affiliates, subsidiaries, agents, suppliers and/or subcontractors be liable to you for any indirect loss, or any incidental, special, punitive or consequential loss or damage, or any direct or indirect loss of profits, arising in relation to this User Agreement, the Website and/or the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, and so in such jurisdictions liability is limited to the fullest extent permitted by law.
16.9 Uncontrollable Events: Whilst we aim to provide uninterrupted Services, unfortunately we cannot guarantee this as interruptions may be caused by factors beyond our reasonable control. To the extent allowed by law,under no circumstances will Wallet One SA be liable for any events beyond our reasonable control. Without detracting from the generality of the aforegoing, you acknowledge that the following circumstances and events may impact upon your use of the Services and further that these circumstances and/or events are beyond Wallet One SA’s reasonable control:
- use of the Services by other Users or Merchants;
- limitations on national and/or international bandwidth capacity;
- telecommunication service operator failure, which includes telecommunication links and line failure;
- mobile telecommunication service operator failure;
- mobile network failure;
- operating system failure;
- access technology failure;
- quality of service of telecommunication links or lines;
- any action, omission and/or failure by you and/or your systems, software, network and/or equipment which has an impact on the Services;
- any other action, omission and/or failure not within Wallet One SA’s control which has an impact on the Services (including but not limited to any natural disaster, war, riot, strike, equipment failure, computer virus, failure or interruption of electrical, telecommunications or other utility services);
- failure of our or your internet service provider and
- distributed denial of service attack (where hackers overload networks with data in an effort to disable them).
To the extent allowed by law, if circumstances happen that are beyond our reasonable control, we will not be liable for any failure to perform our obligations under this User Agreement because of those circumstances, and we will be excused from that failure for so long as those circumstances continue. Wherever possible, we will provide advance warning on our Website of any known or planned interruptions and will take reasonable steps to ensure any interruption is kept as brief as possible.
You hereby indemnify and hold harmless Wallet One SA, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage we may suffer, or third party claims which may be made against us, which arise from or in relation to your breach of this User Agreement (including any document it incorporates by reference), or your violation of any law or the rights of a third party relating to your use of any of the Services.
18. USER SUSPENSION AND TERMINATION
18.1 Either of us is entitled to terminate the Services on 1 (one) month’s prior written notice to the other of us. If you wish to terminate your Wallet, you can do so by emailing us at firstname.lastname@example.org.
18.2 In the event that you are in breach of this User Agreement, and without prejudice to any of Wallet One SA’s other remedies in law or under this User Agreement (including the right to claim damages), Wallet One SA(acting reasonably) reserves the right to suspend your Wallet or to limit your access to your Wallet or any of the Services, or in the case of material breach or where Wallet One SA otherwise acts reasonably, Wallet One SA may terminate your Wallet and this User Agreement immediately at any time on notice to you.
18.3 Upon termination of this User Agreement, your entitlement to use the Wallet shall cease and any funds remaining in your Wallet (i.e. all funds we then still hold on your behalf) will be repaid to you within 30 days, save where you are in breach of the User Agreement or a court or arbitrator or arbitral tribunal bearing jurisdiction orders otherwise.
18.4 To the extent that your access to any of the Services is suspended by Wallet One SA in accordance with the provisions of this User Agreement, you acknowledge that you will forfeit your access to and/or use of those Services. Such suspension will not detract from any liability you have incurred prior to suspension.
18.5 The expiration or termination of this User Agreement shall not affect such of its provisions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this. In particular, but without limiting the generality of the aforegoing, clauses 14.1 to 14.5 will survive any termination of this User Agreement.
19. COMPLAINTS AND DISPUTES
19.1 Should you have any complaints relating to the Services, the Website, or any other Users or Merchants, please contact Wallet One SA’s Customer Relations at email@example.com. Wallet One SA will take all such measures as it deems reasonable or necessary to assess and address your complaint.
19.2 Should a dispute of any nature whatsoever arise between you and Wallet One SA on any matter provided for in or arising out of this User Agreement and such dispute is not resolved through the Customer Relations Department of Wallet One SA then, save for urgent or interim relief which may be granted by a competent court, such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa from time to time. Arbitration proceedings shall be conducted in Cape Town in English. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za.
19.3 Should a dispute of any nature whatsoever arise between you and another User, or you and a Merchant, you acknowledge that Wallet One SA is not and will not be a party to such dispute. Wallet One SA may however in its sole discretion elect (but shall not be obliged) to assist in the resolution of such dispute, as envisaged in 15 above.
20. GOVERNING LAW AND JURISDICTION
This Website is hosted in Europe, controlled and operated from the Republic of South Africa and therefore governed by South African law and this User Agreement and its interpretation and implementation is also governed by South African law. Subject to the ‘Disputes’ clause of this User Agreement, you and Wallet One SA submit to the non-exclusive jurisdiction of the High Court of South Africa. 21. DOMICILIUM 21.1 Wallet One SA chooses as its domicilium citandi et executandi (ie its address) for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:
33 Plover Cove, The Coves, Hartbeespoort, Northwest South Africa 0216, with a copy sent by e-mail to firstname.lastname@example.org (the delivery of which copy shall be required in order for notice to be validly given).
21.2 You choose as your domicilium citandi et executandi (ie your address) for all purposes under this User Agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the physical address Wallet One SA has on record for you as provided by you from time to time.
21.3 Where communications are made electronically where provided for in accordance with this User Agreement, such communications shall be deemed to have been received (unless proved to the contrary) within 24 hours after having been sent, save where the sender knows that delivery thereof has failed.
22. ELECTRONIC COMMUNICATIONS
22.1 You consent to receiving communications from Wallet One SA electronically and agree that all agreements, notices, disclosures and other communications sent by Wallet One SA by electronic means satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. 22.2 Pursuant to the ECT Act, you acknowledge and agree that in law this User Agreement constitutes a written agreement, which upon your electronic acceptance and submission, will be regarded as signed by you. 22.3 Wallet One SA reserves the right but assumes no obligation to provide communications in paper format.
23.1 Wallet One SA is entitled to assign this User Agreement to any third party without your consent, other than if such assignment would be to your detriment, but you may not cede, assign or otherwise transfer this User Agreement or any of your rights or obligations thereunder to any other person without obtaining Wallet One SA’s prior written consent.
23.2 If either of us fails or delays the exercise of any rights or remedies under this User Agreement, we will not be deemed to have waived (i.e. given up) those rights or remedies in any way.
23.3 If a court or similar body decides that any wording in this User Agreement is invalid or unenforceable, that decision will not affect the rest of this User Agreement, which will remain binding on both of us. However, if the wording that is invalid or unenforceable can be made valid and enforceable by deleting part of it, we will both treat the wording as if it is deleted, so that the remainder of the wording in question becomes valid and enforceable.
23.5 Nothing in this User Agreement limits or exempts Wallet One SA from any liability for loss attributable to the gross negligence of Wallet One SA or any person acting for or controlled by Wallet One SA, or for any other liability to the extent that the law does not allow this, nor requires you to assume risk or liability for any such loss to the extent that the law does not allow this. To the extent that this User Agreement and/or any of the Services are regulated by the CPA, it is not intended that any provision of this User Agreement contravenes any provision of the CPA and therefore all provisions of this User Agreement must be treated as being qualified, if necessary, to ensure that the provisions of the CPA are complied with.
24. REFERRAL REWARDS PROGRAM
Wallet Ons Sa may from time to time offer access to it’s referral rewards program, the terms of which are set out below.
24.1. Eligibility. You are eligible to participate in the Program and earn Referral Rewards (as defined below) if you have accepted our W1 User Agreement and currently maintain an account to use our Wallet One e-Wallet and related services (the “Service”).
24.2. Earning Referral Rewards. Whenever a Qualifying Referral registers for an account to use the Service, we will pay you a one-time referral fee (a “Referral Reward”) if the Qualifying Referral’s account a paid and activated account, all subject to the conditions in this Referral Agreement. In addition, we will (subject to the conditions in this Referral Agreement) pay you a Referral Reward if a Qualifying Referral identifies your mobile phone or email address as his “referred by” mobile phone or email address when he activates his Wallet One Account. The amount of each Referral Reward is calculated in accordance with Section 6 below. A “Qualifying Referral” means an individual that does not currently have, and has never had, an account to use the Service. A “Referral Link” means a hyperlink, in the form as may be provided by Wallet One South Africa, which contains your unique Referral ID created for you by Wallet One South Africa. Referral Links may be in the form of text links, badges or buttons that Wallet One South Africa provides for you to embed on your own Web site(s) or in emails that you send. We will determine, in our sole reasonable discretion, whether a Qualifying Referral has followed your Referral Link or provided your referral mobile number to create its account in accordance with this Section. We track referral information in the Profile page for each registered user. Our reasonable determination is final.
24.3. Restrictions and Limitations. Notwithstanding any provision of this Referral Agreement, we will not be obligated to pay Referral Rewards if: (a) we determine, in our sole reasonable discretion, that referrals are not bona fide transactions, including without limitation for self-referrals; (b) the Qualifying Referral does not maintain its paid account (at the same or higher price tier); (c) you engage in any fraudulent or deceitful behavior in connection with the Program, including without limitation directly or indirectly offering any person a financial incentive to follow a Referral Link or attempting to redirect traffic from, or divert Referral Rewards from, any other participant in the Program.
24.4. Calculation of Referral Rewards. Each one-time Referral Reward is calculated based on the term length (Monthly or Annual) and type of subscription plan for which the Qualifying Referral initially subscribes to a paid Wallet One Subscription. Current Referral Reward amounts, which are subject to change at any time, are R15 for each activated and paid up referral account. You are responsible for any transaction fees imposed by Third Party Service Providers on Referral Rewards you receive from us, and the rates for Referral Rewards described on our Web site do not include any such transaction fees.
24.5. Payment of Referral Rewards. In order to receive Referral Reward payments, you must maintain a valid Wallet One South Africa account. We will pay all Referral Rewards to the Wallet One Account you subscribed under, and you are solely responsible to ensure the accuracy of the account information. We will pay Referral Rewards to your Wallet One account at least every 2 weeks or as may be defined in our sole discretion from the date earned pursuant to this Agreement. Wallet One South Africa, may deduct from your payment taxes as may be required by the laws of South Africa and request from you your information for income tax purposes including your Income Tax details.
24.6 Non-Exclusive. This Referral Agreement is entirely non-exclusive in nature. You understand that we may at any time solicit customer referrals on terms that may differ from those contained in this Referral Agreement with you.
24.7 Disclaimer. THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, AND WE RESERVE THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE PROGRAM AT ANY TIME. WE MAKE NO WARRANTY THAT REFERRAL LINKS WILL OPERATE PROPERLY. WE EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROGRAM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
24.8 Termination. Either party may terminate this Referral Agreement at any time by giving the other party written notice of termination (including via email to you at the email address you used to register for the Service). This Referral Agreement may be terminated separately from the W1 User Agreement; termination of the W1 User Agreement, however, will result in the automatic termination of this Agreement. Upon termination, you will immediately cease all use of Referral Links. Referral Rewards earned but unpaid as of termination will remain payable, unless we terminate this Agreement for your breach of Section 5. Sections 1, 2, 5, 7 (only with respect to amounts accrued but unpaid as of termination), 8, 9 and 10 will survive termination of this Referral Agreement
25. WALLET ONE SA CORPORATE INFORMATION
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the supplier thereof must make certain information about it available to customers on websites where the goods or services are offered. Wallet One SA’s information is as follows:
Full name: W1 ePayment Services (Pty) Ltd, registered in South Africa, registration number 2016/281354/07
Main business: Online Payment Service Provider/Third Party Payment Provider
Website: http://www.walletone.co.za or Https://www.walletone.com
Official email address: email@example.com
Address for receipt of legal service: the address specified in 21 above
The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be requested from firstname.lastname@example.org.