Terms and Conditions FOR IMPay^TM

1.Introduction
These terms and conditions regulate the relationship between us, Australis, and you, the registered user of IMPay^TM and the service is provided to you on our behalf by our agent Mobile Potential (Pty) Ltd and its affiliates.

2.Definitions
Unless the context clearly requires a contrary interpretation, the following terms where used in this agreement shall have the following meanings:

2.1."We/Us" refers to Australis, our agents and representatives (including in particular our agent Mobile Potential (Pty) Ltd);
2.2."Identification Document" means a bar coded South African identity document issued by the appropriate governmental authority;
2.3."IMPay^TM" means the mobile wallet enabling you to use the IMPay^TM Services;
2.4."IMPay^TM Account" means you account with us that is linked to IMPay^TM;
2.5."IMPay^TM Services" means payments to other South African mobile telephone users, to purchase mobile content such as airtime, ringtones and logo's from affiliated retailers and to make bill payments to registered retailers;
2.6."IMPay^TM Sites" means IMPay's website and WAP site;
2.7."Payment" refers to the amount of money the you instruct us to send to a beneficiary;
2.8."Payment Reference" refers to the number that we will give you to identify your instruction to make a Payment;
2.9."PIN" means the secret personal identification number you must use to log into your IMPay^TM account; 2.10."Service Desk" means our help desk with telephone number as may be published by us from time to time, where you may contact us for assistance with the services;
2.11."Support Hours" means the periods from 8h00 to 18h00 on weekdays and from 8h00 to 14h00 on Saturdays, Sundays and public holidays;
2.12."Transaction Receipt" refers to the electronic receipt we give you to confirm your instructions.

3.Status and Changes
3.1.These terms and conditions regulate all transactions using IMPay^TM and will become binding upon you when you register with IMPay^TM or when you give us your first instruction, whichever occurs first. If you do not agree with these terms and conditions you must not use the IMPay^TM Services nor login to an IMPay^TM Account.
3.2.We may change these terms and conditions at any time after 14 (fourteen) days notice.
3.3.An instruction given by you while you were logged into your IMPay^TM Account will serve as conclusive proof of your instructions to us and of your intention to be bound to these terms and conditions.
3.4.We may incorporate additional information contained in another document by reference into this agreement. 3.5.When a hyperlink or reference on the IMPay^TM Site or the IMPay^TM Contact refers to information that can be found elsewhere it is your obligation to study such information.
3.6.These terms and conditions are available on the IMPay^TM Contact and the IMPay^TM Sites from where you may print or save a copy for your own future reference. Please contact our helpline if you have any difficulty to obtain the terms and conditions or send an e-mail requesting a copy to info@mobilepotential.co.za.

4.Registration
4.1.Your registration with IMPay^TM serves as your application for an IMPay^TM Account and is subject to IMPay's^TM approval.
4.2.When you register we are by law required to determine and verify your identity. You agree that we may also validate you identity by making enquiries with third parties including credit bureaux and you agree to provide us with further information about yourself if we so request.
4.3.When registering with IMPay^TM you will select your own personal identification number ("PIN") and username. 4.4.If you are 16 (sixteen) years or older you may enter into this agreement without your parent's consent. If you are 15 (fifteen) years and younger you confirm that you have informed your parents or guardians that you have registered with IMPay^TM and you agree you will not continue to use the IMPay^TM Services unless you have received their permission.

5.PINs and security
5.1.It is your duty to select a PIN that is not obvious or easy to guess. We use your cellular telephone number (MSISDN number), together with the PIN and username, to identify and authenticate you every time when you login.
5.2.It is your responsibility to keep you PIN and other login detail secret. We will publish guidelines on how to protect your login PIN and details, and you must make sure you follow the guidelines. The guidelines may list practices that may compromise the security of your IMPay^TM Account and it is your duty to refrain from such practices.
5.3.If someone attempts to login 3 (three) consecutive times into your IMPay^TM Account using the wrong PIN we will automatically suspend you IMPay^TM account for 12 (twelve) hours. If within 7 (seven) days of this tempory suspension a further 3 (three) attempts take place, we will suspend your IMPay^TM Account until you have reset you PIN.
5.4.You may ask us to suspend your IMPay^TM Account if you lost your SIM card or if you believe your login information has been compromised.
5.5.You should never disclose you PIN to any other person. The sole purpose of your PIN is entering it on your cellular telephone when logging in to your IMPay^TM Account.
5.6.If you loose your PIN or login details you may request us to reset your PIN and/or provide you with a new username. We reserve the right to charge an appropriate administration fee for this reset service.
5.7.When you replace your SIM card but retain your cellular telephone number you need to notify us thereof and we will change your profile and login detail accordingly. If however you get a new cellular telephone number you need to request us to change your profile and we may suspend the profile change until we have again verified your identity.

6.Login
6.1.Each time you log into your IMPay^TM Account using your username, PIN and from your SIM card, we will assume that it is you who logged in to your IMPay^TM Account and we will execute the instructions given during such session. All transactions that are executed when you are logged in are deemed to be authorised by you and that you have intended that such transactions should be legally binding.
6.2.When you have completed an IMPay^TM session you must make sure that you have signed off from your IMPay^TM Account.
6.3.Please note that information sent through unsecured links, or through company or other private networks can be subject to unlawful monitoring and access. You understand that this is beyond our control and that you can not hold us liable for losses suffered as a consequence.

7.Payments
7.1.You appoint us to pay the amount to the person or other IMPay^TM Account as indicated in your payment instruction.
7.2.You confirm and warrant that the information that you provide to us, including any information in regard with any payment instruction, including the details of the beneficiary, is true and correct.
7.3.Once you have sent us an instruction you cannot cancel that instruction. Without taking anything away from the general nature of this provision, you may request us in advance to cancel future dated payments and we shall cancel such payments only if such cancellation is permitted or still within our control.
7.4.If you repeat the same transaction more than once, we will not reverse any of the transactions and we will not be liable to you for any loss you may suffer because of the duplicate transactions.
7.5.We will confirm receipt of each transaction and you can only accept that the transaction has been received by us once we have sent you confirmation of the transaction.
7.6.Although we might send a payment confirmation to your beneficiary it remains your responsibility to your intended beneficiary that you have made a payment.
7.7.You acknowledge that we may be obliged to pay out the funds in your IMPay^TM Account to a person other than yourself or the beneficiary in the event of being required to do so by law.
7.8.You acknowledge that we may in our discretion suspend your IMPay^TM Account or the IMPay^TM Services at any time, in particular if we become aware of any suspicious circumstances surrounding a transfer.
7.9.When you instruct us to make a payment to a person who does not have a IMPay^TM Account, we shall subsequent to you providing us with the beneficiary's name and cellphone number, invite the beneficiary to register with IMPay^TM. Once the beneficiary has successfully registered with IMPay^TM the transfer amount will be credited to his IMPay^TM Account. The transfer amount will be kept in a holding account pending the beneficiary's registration with IMPay^TM and neither you nor the beneficiary shall earn interest on such amount.
7.10.You may not use the IMPay^TM account for any unlawful purpose or in such a manner that might be prejudicial to us, to any of our affiliates or to any third party.

8.Fees and Interest
8.1.You will pay the applicable fees for the IMPay^TM Services. The applicable fees will be as communicated to by e-mail and on the IMPay^TM Sites. All such fees are non-refundable.
8.2.You are not are entitled to receive interest on any credit balance in your IMPay^TM Account or on any pending transfers.

9.Statements
9.1.You agree that we do not have to send you regular or periodic statements of account in respect of the IMPay^TM Services or the IMPay^TM Account. You may request a statement by contacting our Helpline during Support Hours.

10.Irregularities
10.1.It is your duty to report any irregularities regarding your use of the IMPay^TM Services, including the loss of unauthorised disclosure of a PIN, to our Helpline.
10.2.When you have informed us of any irregularity, we will on your request:

10.2.1.Refuse to process any instructions received after your request until you have obtained a new username and password;
10.2.2.Suspend at our discretion the processing of any instructions received prior to your request;
10.2.3.Suspend your IMPay^TM Account;
10.2.4.Attempt to reverse transactions which we believe have resulted from unauthorised instructions.

11.Notices
11.1.We will send all notices required by law and by this agreement to the physical address you indicated on your personal profile when you registered with IMPay^TM and you agree to receive such notices at such address. You will inform us of changes to the information in your personal profile as soon as any changes occur.

12.Personal information
12.1.You understand and agree that in order to be able to deliver the IMPay^TM Services and to ensure the continuation of the services we may need to share your personal information and the information about your transactions with the authorities and with third parties who assist us to render the services as well as with other financial institutions.
12.2.You authorise us and our affiliates to utilise your personal information for any commercial or marketing purposes and agree to receive such commercial communications.
12.3.You hereby waive any claim against us in respect of such disclosures and use, and indemnify us against any loss or liability as a result of the execution of the authorisation that is granted to us herein.

13.Availability
13.1.You acknowledge that the IMPay^TM Services may at times not be available for various reasons and that we have the discretion to suspend the IMPay^TM Services. We also reserve the right in our absolute discretion and without notice to alter, modify, upgrade, update or withdraw the IMPay^TM Service or any part thereof at any time.
13.2.You may ask for a refund of any amount in your IMPay^TM Account during any such change, suspension or withdrawal by contacting our helpline during Support Hours.
13.3.You agree that we will not be liable for any losses, expenses or damage incurred by you or any third party for such unavailability of the IMPay^TM Services and each you indemnify us against any claim for such losses, damages or expenses incurred by any third party as a result of such unavailability.

14.Liability
14.1.Neither us, nor our subcontractors or agents (including Mobile Potential (Pty) Ltd and its affiliates), nor the representatives, employees or directors of any of them shall be responsible or liable for any direct, general, intrinsic, indirect, special, extrinsic, punitive or consequential injury, loss, expense or damage of any kind whatsoever (including arising from contract, statute, delict (including from negligence or gross negligence) or otherwise) suffered or incurred by you as a result of using the IMPay^TM Service for any reason whatsoever.
14.2.You agree not to hold us responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the accessing this IMPay^TM Sites, using the IMPay^TM Services or relying on any information for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

14.2.1.purchases where paid using your IMPay^TM Account and the counterparty failed to deliver, or made a faulty or incomplete delivery or the goods or services bought caused you to suffer any loss;
14.2.2.any losses you may suffer because of the actions or failings of the instant messaging platform where the IMPay^TM Contact is hosted.
14.2.3.you disclosing your PIN to any other person or failing to protect your PIN;
14.2.4.errors or discrepancies in the information provided;
14.2.5.any unauthorised access or amendment of this website by third parties;
14.2.6.any breakdown or failure of any equipment or medium of access to this website;
14.2.7.any failure or unavailability of this website or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website;
14.2.8.the destruction or accessing of your data or equipment, or the data or equipment belonging to any third party used by you to access the site; or
14.2.9.any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.

15.Indemnity
15.1.You indemnify us for all losses and costs we may incur on your behalf due to non-payment, overpayment, and transactions exceeding the amount available in your account or unauthorised instructions.
15.2.You hereby indemnify us against any demand, claim or action for direct, intrinsic, general, indirect, extrinsic, special, punitive or consequential damages or order made against us by a third party relating to or in connection with his/her use or accessing of the IMPay^TM Service whether such demand, claim or action was caused directly or indirectly by us for any reason whatsoever.

16.General
16.1.We may subcontract, cede, delegate, assign or otherwise transfer any of our rights and/or obligations in terms of this agreement to any third party and you agree that we do not have to inform you of any such cession, assignment or transfer. You may not cede or assign any of your rights or obligations related to this agreement.
16.2.A certificate signed by any of our directors will be conclusive proof of the date of publication and content of the current version of these terms and conditions and all previous versions of the terms and conditions and the pricelist containing the fees pertaining to the IMPay^TM Services.
16.3.The IMPay^TM Services are intended for South Africans and the laws of the Republic of South Africa apply to these terms and conditions and to the IMPay^TM Services.
16.4.These terms and conditions and the content of the IMPay^TM Contact contain the full terms and conditions of the agreement between us and you. No relaxation or indulgence granted by us to any Sender or Recipient shall in any respect prejudice our rights in terms of this agreement. ^TMl>