Terms
and Conditions FOR IMPayTM
1.Introduction
These terms and conditions regulate the relationship between us,
Australis, and you, the registered user of IMPayTM
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."IMPayTM"
means
the mobile wallet enabling
you to use the IMPayTM
Services;
2.4."IMPayTM
Account"
means you account with us
that is linked to
IMPayTM;
2.5."IMPayTM
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."IMPayTM
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 IMPayTM
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
IMPayTM and will
become binding upon you when
you register with IMPayTM
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
IMPayTM Services
nor
login to an IMPayTM
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
IMPayTM 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 IMPayTM
Site or the IMPayTM
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 IMPayTM
Contact
and the IMPayTM
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 IMPayTM
serves as
your application for an
IMPayTM Account
and
is subject to IMPay'sTM
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 IMPayTM
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 IMPayTM
and you agree you will
not continue to use the IMPayTM
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
IMPayTM Account
and
it is your duty to refrain
from such practices.
5.3.If someone attempts to login 3 (three) consecutive times into
your IMPayTM
Account
using the wrong PIN we will
automatically suspend
you IMPayTM
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 IMPayTM
Account until you have
reset you PIN.
5.4.You may ask us to suspend your IMPayTM
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 IMPayTM
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 IMPayTM
Account
using your username,
PIN and from your SIM card, we will assume that it is you who logged in
to your IMPayTM
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 IMPayTM
session
you must make sure that
you have signed off from your IMPayTM
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 IMPayTM
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 IMPayTM
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
IMPayTM Account
or
the IMPayTM
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 IMPayTM
Account, we shall subsequent
to you providing us
with
the beneficiary's name and cellphone number, invite the beneficiary
to
register with IMPayTM.
Once the beneficiary has
successfully registered
with IMPayTM the
transfer amount will be
credited to his IMPayTM
Account.
The transfer amount will be kept in a holding account pending the
beneficiary's registration with IMPayTM
and
neither you nor the
beneficiary shall earn interest on such amount.
7.10.You may not use the IMPayTM
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 IMPayTM
Services. The
applicable fees will be as communicated to by e-mail and on the IMPayTM
Sites. All such fees are non-refundable.
8.2.You are not are entitled to receive interest on any credit balance
in your IMPayTM
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 IMPayTM
Services or
the
IMPayTM 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 IMPayTM
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 IMPayTM
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 IMPayTM
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 IMPayTM
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 IMPayTM
Services
may at times
not be available for various reasons and that we have the discretion to
suspend the IMPayTM
Services. We also reserve
the right in our absolute
discretion and without notice to alter, modify, upgrade, update or
withdraw the IMPayTM
Service or any part thereof
at any time.
13.2.You
may ask for a refund of any amount in your IMPayTM
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 IMPayTM
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 IMPayTM
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 IMPayTM
Sites,
using the IMPayTM
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 IMPayTM
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 IMPayTM
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
IMPayTM 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 IMPayTM
Services.
16.3.The IMPayTM
Services are intended for South
Africans and the
laws of the Republic of South Africa apply to these terms and
conditions and to the IMPayTM
Services.
16.4.These terms and conditions and the content of the IMPayTM
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.
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