- • SnackPay owns a proprietary payment gateway that facilitates a closed loop
(SnackPay Payment Gateway) on behalf of Vendors and Users.
- • SnackPay provides a facility, whereby a Vendor will be able to process a
transaction for the sale of goods and/or services to a User on the basis of;
- the presentation by the User of a SnackPay Tag on a POS terminal,
- authorised by the User through the use of a PIN,
- verified by the SnackPay Payment Gateway and that there are sufficient funds in the account
for that transaction at that time;
- • Headings and instructive notes are inserted for convenience only and will not
be used in the interpretation, or affect the construction of these terms and conditions.
- • Words and expressions will bear the meanings assigned to them.
- • The interpretation and validity of these terms and conditions will be
governed by the laws of the Republic of South Africa.
Unless inconsistent with the context, the words and expressions set forth below shall
bear the following meanings:
- • "Terms and Conditions" – the terms and conditions contained herein and all
annexures hereto, as may be amended or supplemented from time to time;
- • "Payment Gateway" – a merchant service provided by an e-commerce application
service provider that authorizes credit card or direct payments processing for e-businesses
and online retailers;
- • "Bank Account" - the escrow bank account established with a registered bank
from which a Vendors is settled;
- • "Virtual Account" - a virtual account setup in the SnackPay Payment
Backend for Users and Vendors;
- • Days" – calendar days, unless Working Days are specified;
- • "Vendor Account" - the bank account nominated by the Vendor in writing
from time to time, into which all amounts owing by the User to the Vendor will be paid
in accordance with these terms and conditions;
- • "Mobile App" - the secure SnackPay software application that is integrated
with a Payment Gateway and may be used on mobile devices to enable the processing of a
Transaction between a User and SnackPay;
- • "SnackPay Payment Gateway" – the payment gateway provided by SnackPay
which processes the Transaction between registered Users and Vedors;
- • "POS terminal" – Point of Sale device, registerd and provided by SnackPay, such
as a Android based NFC terminal, with a approved application loaded, which is able to accept
a User’s PIN, communicate with the SnackPay Payment Gateway and provide authorisation of a Transaction;
- • "Tag" – a contactless tag issued by SnackPay to a User with a unique PIN;
- • "Promotional sign" – the SnackPay logos which may be displayed by the Vendor at its
premises as agreed from time to time;
- • "Transaction" - a transaction concluded between ;
- a User and a Vendor, for the purchase of goods and/or services, as authorised and authenticated through the use of the SnackPay Tag or
- a User and SnackPay, for the purchase of goods and/or services, as authorised and authenticated through the use of a Payment Gateway;
- • "User" – a person to whom a SnackPay Tag or Mobile App is registered;
- • "Working Day" – any day which is not a Sunday or a public holiday recognised
as such under the Public Holidays Act, 1994 (Act No. 36 of 1994);
- • "SnackPay Fee" - an agreed fee payable to SnackPay by the User which will comprise
of a portion of the total value expressed as a percentage of Transactions concluded between the
User and SnackPay, to which VAT will then also be added;
- • "Monthly Fee" - an agreed fee payable to SnackPay by the Vendor which will
comprise of a fixed fee per month for the use of the SnackPay Payment Gateway and rental of
SnackPay POS Devices not directly owed by the Vendor;
- • Subject to the provisions of these terms and conditions, the Vendor undertakes
to accept a SnackPay Tag, presented by the rightful User as a means of payment for a Transaction.
- • The Vendor undertakes to supply the goods and/or services at a price not
exceeding the Vendor’s normal cash price in respect thereof and not to discriminate against
any User by adding any surcharge or by setting a minimum or maximum transaction amount as a
condition of honouring any SnackPay Tag.
- • Upon the conclusion of a Transaction, the SnackPay Payment Gateway will
transfer the approved amount from the User's Virtual Account to the Vendor Virtual Account.
- • The User shall be liable for the SnackPay Fees.
- • Authorisation of a transaction shall occur by presenting the SnackPay
Contactless Tag at the POS terminal and verification of the User by inputting a PIN;
- • In the event of a POS terminal system failure, the Vendor will be
unable to process a transaction, as there is no procedure for offline Transactions.
- • If the Vendor is suspicious of the transaction or the SnackPay Tag
presented, the Vendor may decline a transaction and shall report the matter to SnackPay.
- • An authorisation granted by the SnackPay Payment Gateway merely confirms
that there are sufficient funds linked to the PIN presented together with the SnackPay Tag
to complete the Transaction as at the time and date of such authorisation.
Such authorisation does not warrant:
- - The validity or genuineness of the SnackPay Tag;
- - The identity and capacity of the person presenting the SnackPay Tag; or
- - The actual payment of the value of the authorised transaction.
- • A Transaction authorised by the presentation of a SnackPay Tag and the
insertion of the User’s PIN at a Vendor and verified by the SnackPay Payment Gateway,
may not be cancelled or countermanded by either the User or the Vendor after receipt
of the instruction to pay has been received by the Payment Gateway.
- • Any disputes about delivery of goods or services, whether as to
quantity or quality or the like shall be as between the User and the Vendor and
shall not involve SnackPay.
In addition to those obligations contained elsewhere in the Agreement, the Vendor must:
- • Not use the SnackPay Payment Gateway for any purpose other than as payment
for the delivery of goods or services;
- • In electronically posting the value of a Transaction to the SnackPay
Payment Gateway, the Vendor warrants that:
- - The information thereon is correct;
- - The Transaction in fact originated between the User and the Vendor;
- - There has been due and proper performance by the Vendor of its obligations in terms
of the supply of goods, services or other facilities to the User;
- - The value thereon is in respect of the undertaking to supply goods, services and/or
other facilities and that no other additional charges are included;
- - There has been due compliance with all the material terms of the agreement;
- • The following payment procedures shall apply:
- - The amount owing by the Users to the Vendor shell be reflected on the SnackPay Vendor Web Portal;
- - The Vendor shall initiate a withdraw request via the SnackPay Vendor Web Portal for an amount
not greater than the current balance of the Vendor's Virtual Account minus the fixed Vendor
withdraw fee;
- - Such payment shall be made into the Vendors Bank Account via EFT without any deduction,
charge or set off (save for the SnackPay Fee that is lawfully paid over to SnackPay in
terms of these terms and conditions);
- - All payments to the Vendor, shall be made by into the Bank Account, as nominated by the
Vendor in the Vendor's SnackPay Web Portal
- - Should there be any dispute as to the amount owing by the User to the Vendor, the
Vendor and the User shall resolve this dispute. SnackPay shall abide by the determination
of that dispute; provided that SnackPay shall not be liable for any amount that was
disbursed in accordance with these terms and conditions.
By presenting a Transaction for payment, the Vendor warrants that:
- • All statements of fact contained therein are true;
- • Goods and/or services were delivered or supplied at the Vendor’s normal
cash price and that the price contains no additional charges or element of credit whatsoever;
- • The said Transaction between the Vendor and the User is not illegal;
- • There has been due compliance with all the terms of these terms and conditions;
- • The goods and/or services were in fact supplied by the Vendor to the User; and
- • SnackPay are indemnified against any claim or liability that may arise from a
dispute between the Vendor and the User in respect of goods and/or services supplied or
delivered
- • SnackPay are indemnified by the Vendor in respect of all losses, costs, penalties,
payments or any other liability whatsoever arising from any dispute, claim or defence raised by the
User against the SnackPay where such dispute, claim or defence is a direct consequence of any act
or omission on the part of the Vendor;
A Transaction will be invalid if:
- • The supply of goods or services is for any reason illegal;
- • The price charged is in excess of the Vendor’s normal price for the supply of goods or services;
- • No goods or services were in fact delivered to the User;
- • The Vendor fails to adhere to the terms of these terms and conditions relative to the Transaction; or
- • The delivered goods paid for by the User were received broken or otherwise
not suitable for the purpose for which they were sold and the User tendered return thereof.
- • SnackPay will produce a monthly statement for the Vendor and the User, which
statement may be accessed by the Vendor or the User on-line through the SnackPay Web Portal.
The statement will set out the amount and a description of each Transaction concluded in the period.
- • The Vendor or the User must raise any query regarding the correctness of any statement
or payment within 30 (thirty) days of receipt of the statement, failing which the other Parties may
assume that all the entries on the monthly statement are correct.
- • In this clause, the term "fraudulent transactions" means any transaction which
in terms of the common law or statute would constitute fraud (irrespective of whether the SnackPay
Payment Gateway verified payment) and will include any purchase and/or transaction arising from
the use of a SnackPay Tag by a person other than the authorised User.
- • The Vendor shall not conclude Transactions that it knows or should
reasonably have known were fraudulent or unauthorised by the User.
The Vendor agrees that it shall be responsible for the actions of its employees at all times.
- • A User shall be entitled to dispute and repudiate any Transaction that
has been fraudulently generated.
- • SnackPay reserves the right to immediately terminate these terms and conditions
if fraud is perpetrated by the Vendor or any of its employees.
- • SnackPay shall take all reasonable steps to protect the personal information
of users. For the purpose of this clause, "personal information" shall be defined as detailed
in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded
from: www.polity.org.za
- • The Vendor may not disclose, sell, purchase, provide or exchange a User’s
name or account number information in whatever form, including but not limited to the form
of mailing lists, tapes, or other media obtained due to a Transaction, to third parties,
except as required by law.
- • Customer details will be stored by SnackPay separately from card
details which are entered by the client on DPO PayGate’s secure site. For more
detail on DPO PayGate refer to www.paygate.co.za
- • The Vendor shall display such Promotional signs as may be provided
by SnackPay from time to time, in such a manner that the public will be informed
of the Vendor’s willingness to conclude Transactions using the SnackPay Payment Gateway.
- • The Vendor may not disclose, sell, purchase, provide or exchange a User’s
name or account number information in whatever form, including but not limited to the form
of mailing lists, tapes, or other media obtained due to a Transaction, to third parties,
except as required by law.
- • The Vendor may not in any way whatsoever state, imply or create
the impression that SnackPay endorses or guarantees any of its goods and/or services.
- • SnackPay have the right to conduct physical inspections and
investigations at the Vendor’s premises in handling claims of Users and for
purposes of investigating suspected fraud.
- • The Vendors must treat a User’s account number and PIN
(where applicable) as confidential and shall not cause or permit or allow
any form of disclosure of such account number and/or PIN (where applicable)
to any other person except as required by law;
- • The Vendor shall provide the User with a secure environment
to enable the User to input his or her PIN on a POS terminal.
- • SnackPay shall have access to information and accounts of the User
and the Vendor through the SnackPay Web Portal at any time and shall respect the
confidentiality thereof and shall be entitled to make use of such information for
the purposes of providing the service to the User and the Vendor/s. On an anonymous
and aggregated basis, SnackPay may use such information to improve the quality of
its services to other users and vendors and to market the SnackPay Payment Gateway
from time to time.
- • The Vendor and the User irrevocably and unconditionally
indemnify SnackPay in respect of any claim whatsoever by any third party
arising from the use of the SnackPay Payment Gateway under these terms and conditions.
- • Under no circumstances shall SnackPay be liable for any
Transaction or in respect of the delivery or non-delivery of any goods or services or the non-payment therefore.
- • In addition to any other obligation contained elsewhere
in these terms and conditions, SnackPay shall have no liability whatsoever
in respect of consequential or indirect damages, pure economic loss, loss
of profit and the like arising from the operation of the Payment Gateway or
the implementation of these terms and conditions.
- • In any event, SnackPay’s total cumulative liability to any
and all Parties in any one calendar year shall never exceed the sum of all SnackPay
Fees received by it in the previous 6 (six) month period.
- • Should any Party commit a breach of any material provision of these terms and
conditions and fail to remedy such breach within 14 (fourteen) days after receiving written
notice from the other Party requiring it to do so, then the aggrieved party will be entitled
to cancel these terms and conditions with immediate effect or to claim specific performance
of all the defaulting Party’s obligations whether or not such obligations would otherwise
have fallen due for performance, in either event without prejudice to the aggrieved Party’s
right to claim damages and other rights in law.
- • SnackPay shall be entitled to deny access to the SnackPay Payment Gateway
to any Party that ceases to trade, commits an act of insolvency or is placed into business
rescue in terms of the Companies Act, 2008.
in these terms and conditions, SnackPay shall have no liability whatsoever
in respect of consequential or indirect damages, pure economic loss, loss
of profit and the like arising from the operation of the Payment Gateway or
the implementation of these terms and conditions.
- • In any event, SnackPay’s total cumulative liability to any
and all Parties in any one calendar year shall never exceed the sum of all SnackPay
Fees received by it in the previous 6 (six) month period.
- • Should any dispute arise between the parties in connection with the interpretation or application of the provisions of these terms and conditions including when a party is in breach if these terms and conditions, as well as including its termination or the validity of any documents furnished by the Parties pursuant to the provisions of these terms and conditions, unless resolved amongst the parties this dispute will be determined by the South African courts in accordance with the provisions of the laws of the Republic of South Africa.
- • Card transactions will be acquired for SnackPay via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- • These terms and conditions shall be effective from date on which a User or Vendor conducts business using the SnackPay Payment Gateway and shall remain in force for an indefinite period for so long as they make use of the SnackPay Payment Gateway, or make any claims in respect thereof.
- • SnackPay may amend these terms and conditions from time to time by posting them on its website.
- • SnackPay, Users and the Vendor may not cede or assign any of its rights or obligations under these terms and conditions.
- • No Party may set off any amount which is due and payable by it against any amount owing to it by another Party, unless otherwise agreed herein.
