Terms and Conditions
1. Definitions
1.1 In these general terms and conditions ("Terms"):
1.1.1 "you" and "your" means any person who makes use of the Website, the POCiT Payment Service and/or the POCiT Merchant Service;
1.1.2 "you" and "your" means any person who makes use of the Website, the POCiT Payment Service and/or the POCiT Merchant Service;
1.1.3 "use" means to use, access, refer to, view or make and receive payments via the POCiT Payment Service and/or the POCiT Merchant Service, as the case may be;
1.1.4 "Website" means the website which is accessible at the URL: www.pocit.co.za;
1.1.5 "POCiT Payment Service" means the service made available by us by means of which you are able to make and receive payments, request payments from third parties, purchase products and/or services from POCiT and POCiT Merchants, make payment of any invoice presented by us on behalf of a POCiT Merchant and make deposits. The POCiT Payment Service is more fully set out in paragraph 4;
1.1.6 "POCiT Merchant" means an entity registered with POCiT as a merchant;
1.1.7 "POCiT User" means a user registered with POCiT to use the POCiT Payment Service;
1.1.8 "POCiT Phone Application" means the application downloaded onto your cellphone from www.pocit.mobi in order for you to register as a POCiT User and enabling you to access the POCiT Payment Service via your cellphone; and
1.1.9 "Privacy Policy" means the privacy policy adopted by us. To view our Privacy Policy which forms part of these Terms, please scroll down; and
1.1.10 "Loss" means any loss, including loss of profit, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential.
1.2 Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Terms but defined in the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act") will bear the same meaning given to them in the ECT Act.
1.3 The Terms and any additional document we incorporate by reference shall apply to you when you use the Website and/or any part of the POCiT Payment Service.
2. What do these Terms regulate?
Subject to paragraph 3.1, these Terms regulate the terms and conditions upon which you may use the POCiT Payment Service and otherwise use the Website, including the use of the information, content, products or services including (without limitation) any text, software, icons, graphics, images, sound clips, trade names, logos, designs, trade marks and service marks which are displayed on, available on or incorporated in the Website ("the Website Content"), to the extent that such Website Content is not regulated by its own terms of use.
3. Your agreement to comply with these Terms
3.1 You agree that:
3.1.1 clicking/checking "I Agree", making use of the POCiT Payment Service and/or any use of the Website signifies your agreement to comply with all of the terms and conditions of these Terms;
3.1.2 we may, at any time, amend or introduce additional terms and conditions relating to the POCiT Payment Service or any other service, content, products, facilities or functionality which is made available by us by way of the Website, the POCiT Phone Application or otherwise. You will be notified of such amendments and additional terms and conditions in the manner provided for in paragraph 19.2 of these Terms;
3.1.3 we may, in our sole discretion, at any time and for any reason and without prior notice, suspend or terminate the POCiT Payment Service, the operation of the Website or any of the Website Content or the right to use the POCiT Payment Service, the Website or any of the Website Content.
3.2 If you do not agree to these Terms you must not make use of the POCiT Payment Service or the Website and the Website Content and you must immediately delete all copies of the Website Content in your possession or under your control.
3.3 These Terms are available on your cellphone via the POCiT Phone Application using your cellphone browser at www.pocit.mobi/tc or on the Website and you may print a copy of these Terms from the Website. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact our support team using the ‘talk to us’ function on the POCiT Phone Application or sending an email to legal@pocit.co.za .
3.4 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website, the Website Content and the POCiT Payment Service.
3.5 You also agree that we are allowed to grant the same, similar, additional or different right to any other person or entity.
4. The POCiT Payment Service
4.1 The POCiT Payment Service is a service offered by us and designed to enable you (i) to make, receive and request payments from other POCiT Users; (ii) to purchase goods and/or services from POCiT and POCiT Merchants; and (iii) to make payment of any invoice presented by us on behalf of a POCiT Merchant.
4.2 In rendering the POCiT Payment Service, POCiT is supported by Mercantile Bank Limited ("Mercantile") a licensed bank which, by your acceptance of these Terms, will be authorised to accept and hold your money deposits on your behalf as part of the POCiT Payment Service.
4.3 The POCiT Payment Service is made up of various services including:
4.3.1 payments: in terms of which you are able to make payments to POCiT Users and POCiT Merchants;
4.3.2 money transfers: in terms of which you effect person to person money transfers whereby a deposit, in terms of legislation, is held temporarily by Mercantile; and
4.3.3 deposits: in terms of which a deposit is held by Mercantile in your POCiT Money Store as referred to in paragraph 5.4.
4.4 We may, from time to time, add additional services, applications or functionalities to the POCiT Payment Service at our discretion.
4.5 Should you elect to make a deposit at Mercantile through either POCiT or a third party (such as a POCiT Merchant or any other third party), you acknowledge that POCiT or such third party shall be acting as your agent and, in respect of the third party, it shall be your responsibility to take all reasonable steps to ensure that the third party transfers the funds to Mercantile.
5. Registration for the POCiT Payment Service
5.1 Only POCiT Users who have registered may make use of the POCiT Payment Service either via the POCiT Phone Application or the Website. If you are younger than 14 years of age, you must have your parent's or guardians permission to register as a POCiT User. We will contact your parent or guardian directly in order to obtain such permission.
5.2 To register for and use the POCiT Payment Services on your cellphone: you will be required to:
5.2.1 download the POCiT Phone Application onto your cellphone;
5.2.2 agree to these Terms via the POCiT Phone Application;
5.2.3 provide us with all the information we require in order to make and receive payments on your behalf, including but not limited to: (i) your cellphone number; and (ii) your credit card and/or bank account details, if any, against and into which payments can be processed;
5.2.4 validate your credit card and/or your bank account details, if any, using the validation procedure outlined in paragraph 8 only if required to do so by us; and
5.2.5 create a unique personal identity number, or PIN, of your choice, which shall be no less than 5 and no more than 12 numerals which PIN, when entered into the POCiT Phone Application downloaded onto your cellphone, will grant you access to the POCiT Payment Service.
5.3 To register for and use the POCiT Payment Services on the Website: you will be required to:
5.3.1 agree to these Terms via the Website;
5.3.2 provide us with all the information we require in order to make and receive payments on your behalf, including but not limited to: (i) your e-mail address; (ii) your cellphone number; (iii) your credit card and/or bank account details, if any, against and into which payments can be processed;
5.3.3 validate your credit card and/or your bank account details (if any) using the validation procedure outlined in paragraph 8 only if required to do so by us; and
5.3.4 create a unique personal identity number, or PIN, of your choice, which shall be no less than 5 and no more than 12 numerals.
5.4 Whether or not you have registered a credit card and/or a bank account with POCiT, we will automatically create your personal electronic money store ("POCiT Money Store") which POCiT Money Store will be held by Mercantile. Should you elect to make a deposit at Mercantile through either POCiT or a third party (such as a POCiT Merchant or any other third party), you acknowledge that POCiT or such third party shall be acting as your agent and, in respect of the third party, it shall be your responsibility to take all reasonable steps to ensure that the third party transfers the funds to Mercantile.
5.5 Should your cellphone number change, your previous cellphone number may not be registered with us again by a different user for a period of 28 days following your registration of your new cellphone number with us.
5.6 You will only be required to enter your unique PIN when logging into the POCiT Phone Application or onto the Website. In no other circumstances will we request you to disclose your PIN via email, SMS, phone or any other method. You must not provide your PIN to anyone. You are solely responsible for keeping your PIN secret. In this regard, you will be solely responsible for any loss you may suffer should any other person use or have access to your PIN.
6. Authorisation
You hereby authorise us to access your POCiT Money Store, credit card/s and bank account/s nominated by you for the purposes of processing payments on your behalf and in so doing, you acknowledge that we act as your agent.
7. Description of the POCiT Payment Service
7.1 Whenever you issue a payment instruction to us via the POCiT Phone Application or the Website, you must indicate which of your credit card, bank account or POCiT Money Store you wish to utilise for the payment instruction.
7.2 When you issue a payment instruction to us in order to make a payment of an amount to a third party who is not a POCiT User, you will be required to provide us with that third party's cellphone number and authorise us to facilitate the transmission of an SMS to such third party informing the third party that: (i) a payment has been made by you via the POCiT Payment Service; (ii) POCiT is the agent facilitating such payment; and (iii) on such third party's registration as a POCiT User either via the POCiT Phone Application or the Website, payment will be made to such third party. On receipt by us of a payment instruction from you, we will process the payment instruction against your credit card, bank account or POCiT Money Store ("a pay account") and such deposit shall be held by Mercantile pending the third party's registration as a POCiT User.
7.3 If the third party does not register as a POCiT User within 16 days of our receipt of your payment instruction, the payment instruction processed against your pay account will be reversed and your deposit will be repaid to you. We will notify you via SMS that the payment instruction could not be concluded.
7.4 Where a third party registers as a POCiT User within the prescribed period of 16 days, the payment instruction processed against your pay account will be paid into the POCiT User's credit card, bank account or POCiT Money Store ("a receipt account") as nominated by the POCiT User.
7.5 When you issue a payment instruction to us in order to make payment of an amount to another POCiT User, we will process such payment instruction against your pay account and pay the amount into the POCiT User's receipt account.
7.6 Where you instruct us, via the POCiT Phone Application or the Website, to notify another POCiT User to make payment to you of a specified amount, we will notify such POCiT User, via SMS, of the amount payable and request that the POCiT User authorise us to make the payment to you on the POCiT User's behalf. Upon receipt by us of such authorisation, we will process the payment instruction against the POCiT Users' pay account and pay the amount into your receipt account.
7.7 Where you instruct us to notify a third party who is not registered as a POCiT User, we will notify the third party, via SMS, of the payment request and advise the third party that he/she may register to use the POCiT Payment Service and make payment of the amount using the POCiT Payment Service.
7.8 You may purchase prepaid tokens directly from us via the POCiT Phone Application or the Website. On us concluding the payment instruction against your pay account in our favour, we will send you the token via SMS.
7.9 You may also purchase various goods and services from POCiT Merchants, via the POCiT Payment Service. You can view a list of the registered POCiT Merchants on the Website. Any reference to the goods and service of any POCiT Merchant on the Website are not intended to be, and should not be interpreted as being, an endorsement, recommendation or affiliation to such POCiT Merchant or the opinions, products and/or services of such POCiT Merchant. Accordingly, your use of the products and/or services of POCiT Merchants is entirely at your own risk.
7.10 As part of our service to POCiT Merchants, a POCiT Merchant may authorise us to direct selected POCiT Users and other third parties to our Website to view outstanding invoices which are due and payable to the POCiT Merchant. You may securely view on the Website and make payment of your outstanding invoices which are due and payable to the POCiT Merchant.
7.11 You will be able to make payments into you POCiT Money Store, elect for POCiT Users to make payments into your POCiT Money Store and otherwise transact through your POCiT Money Store. Such deposits in your POCiT Money Store shall be held in a bank account by Mercantile on your behalf and for your benefit. You will only be able to make payments from your POCiT Money Store if you have sufficient funds deposited with Mercantile in your POCiT Money Store and only up to the value of such funds in your POCiT Money Store. Your POCiT Money Store is a pre-paid facility.
7.12 In respect of any funds deposited by you with Mercantile either in your POCiT Money Store, during a person to person money transfer or otherwise, we are, in terms of the Financial Intelligence Centre Act, 2001 ("the FIC Act") as well as regulations, directives, guidance notes or other publications set down by the South African Reserve Bank ("the SARB"), required to impose limits on the amount of money that may be transacted by you on both a daily and monthly basis and/or the number accounts you are permitted to have. These limits change depending on the amount of information you have provided to us and whether we have or are able to verify such information. To the extent that Mercantile or any regulatory authority in terms of any applicable law requires you to complete and/or submit any documentation, you undertake to comply with such request. To view these limits, click here.
7.13 All transactions processed via the POCiT Payment Service will be processed in South African Rands.
7.14 We accept all South African MasterCard and Visa credit cards. However, we reserve the right, in our sole discretion, to decline certain types of credit cards.
8. Identity authentication, cellphone number validation, credit card and bank account validation procedures
8.1 By your acceptance of these Terms, you authorise us, during the registration process or at any time thereafter, to make any inquiries we consider necessary to validate your identity, including making enquiries at any credit bureau.
8.2 Cellphone number validation procedure via the POCiT Phone Application: The first time you log on to the POCiT Phone Application after downloading it and depending on your cellphone network provider, the POCiT Phone Application will either automatically validate your cellphone number or will request your permission to send an SMS to us. We will then be able to validate your cellphone number. Should you fail to validate or authorise the sending of the SMS, we will, amongst other things, impose various limits on your use of the POCiT Payment Service.
8.3 Credit card validation procedure: Upon your registration of a credit card via either the POCiT Phone Application or the Website, we may require that your credit card be validated and you hereby authorise us to undertake a credit card validation procedure. To the extent that we are of the view that a credit card validation should be undertaken, we shall process a transaction against your credit card of a random amount of no more than R10. The next time you login to use the POCiT Payment Service, you will be requested to confirm the random amount processed against your credit card. You will be repeatedly requested to confirm such amount each time you login to use the POCiT Payment Service until you complete the credit card validation procedure, at which time we will reverse the transaction. If you make payments from your credit card utilising the POCiT Payment Service without completing the credit card validation procedure, the aggregate of payments made from your credit card will be limited to the credit card validation threshold. This threshold can be viewed on the screen displayed after login, requesting the validation amount to be entered. Once you have reached the validation limit without confirming the random amount processed against your credit card, your ability to make further payments via the POCiT Phone Application and/or the Website will be suspended, pending your completion of the credit card validation procedure. You will however be entitled to make payments from your POCiT Money Store and receive payments and make requests for payments via the POCiT Phone Application and/or the Website. Once the credit card validation procedure has been completed, you will again be entitled to make payments via the POCiT Payment Service, up to the limit imposed on your credit card. Each credit card registered with us at any time by you will be required to be validated in this manner.
8.4 Bank account validation procedure: Upon your registration of a bank account via either the POCiT Phone Application or the Website, we may require that your bank account be validated and you hereby authorise us to undertake a bank account validation procedure. To the extent that we are of the view that a bank account validation should be undertaken, we shall deposit R0.10 into your bank account with a 5-digit number in the reference, which will appear on your bank account statement within 2- 3 business days. The first time you wish to make a payment from your bank account via the POCiT Phone Application or the Website, you may be requested to enter this 5-digit reference number and in doing so, you will authorise POCiT to direct debit your bank account when we receive a payment instruction from you to do so.
9. Locking and terminating your use of the POCiT Payment Service
9.1 You may lock your access to the POCiT Payment Service and your ability to make payments using the POCiT Payment Service at any time for any reason, including if you lose your cellphone or you suspect that your PIN has been comprised. You may do so by:
9.1.1 calling our support team on 08600 POCiT or 08600 76248 and telephonically requesting us to suspend your access to the POCiT Payment Service; or
9.1.2 personally suspending your access to the POCiT Payment Service on the Website.
9.2 Should you enter the incorrect PIN into the POCiT Phone Application on 3 consecutive occasions, we shall lock your access to the POCiT Payment Service for 8 hours. Thereafter, if the incorrect PIN is entered again on a further 3 consecutive occasions, we will permanently suspend your access to the POCiT Payment Service until your identity has been verified by our support team.
9.3 You may terminate your use of the POCiT Payment Service at any time for any reason by:
9.3.1 calling our support team on 08600 POCiT or 08600 76248 and telephonically requesting us to terminate your use of the POCiT Payment Service, to deregister you as a POCiT User and to delete you from out database; or
9.3.2 personally terminating your use of the POCiT Payment Service on the Website.
9.4 Should you terminate your use of the POCiT Payment Service, you will be required to nominate either your credit card or bank account into which all deposits held by Mercantile in your POCiT Money Store or on your behalf arising from your use of the POCiT Payment Service shall be deposited. Should you not have a credit card or a bank account, we will contact you in order to make arrangements on the manner in which your deposits will be returned to you (which shall either be via cheque or money order).
10. Security
10.1 In order to ensure the security of the personal information provided by you and to guard against unauthorised use of the POCiT Payment Service, we:
10.1.1 link and verify the cellphone number entered by you when you registered for the POCiT Payment Service to the cellphone used by you to download the POCiT Phone Application;
10.1.2 request that you enter your PIN each time you login to use the POCiT Payment Service either via the POCiT Phone Application; and
10.1.3 undertake the validation procedures set out in paragraph 8, if applicable.
10.2 In order to protect your interests, we will closely scrutinise the payments made by you to prevent and safeguard against any fraudulent activities.
10.3 You acknowledge that the bank or banks at which your credit card(s) and bank account(s) are kept and other POCiT Users' banks have in place and implement fraud monitoring policies, rules and regulations and that a bank may, at any time, stop or reverse any transaction into or out of your credit card or bank account. In addition to the fraud monitoring policies, rules and regulations applied by banks, we will, in our discretion:
10.3.1 not act on any payment instruction;
10.3.2 reverse any payment;
10.3.3 suspend your access to the POCiT Payment Service; and/or
10.3.4 report our suspicions to any relevant body or authority, such as the police,
11 Refund policy
11.1 Save as set out in paragraph 11.6:
11.1.1 you acknowledge that we are not responsible for the accuracy and/or integrity of any amounts payable by or to you; and
11.1.2 you will not be entitled to any refund from us in respect of: (i) any payment made by you to any POCiT User or POCiT Merchant; or (ii) any purchase by you from us of any prepaid tokens, whether fraudulent, accidental or otherwise, made via your cellphone and using your unique PIN.
11.2 It is solely your responsibility to ensure that all payment instructions issued by you to us contain correct information and correct and valid cellphone numbers. It is incumbent on you to keep all information necessary to enable you to use the POCiT Payment Service secure and safe from unauthorised use by third parties.
11.3 All queries on the amount payable by you must be made directly to the POCiT User or POCiT Merchant concerned. We will not be responsible for any Loss arising from or relating to your reliance on the information provided on the POCiT Phone Application, the Website or otherwise communicated to you.
11.4 When you issue us with a payment instruction, legal obligations arise and your right to a refund of monies charged to your POCiT Money Store, credit card or bank account are limited by these Terms. You must not make any payment via the POCiT Phone Application unless you understand and agree to all of the applicable Terms. Once a payment instruction is issued, it is deemed that you have read and understood these Terms. If you have any queries, please contact us on 0860 76248 before issuing any payment instruction via the POCiT Phone Application or the Website.
11.5 Furthermore, should you issue a payment instruction which payment is later reversed for any reason whatsoever such that you are indebted to POCiT in any way, POCiT has the right to take such steps as it, in its sole discretion, deems necessary in order to recover such amount from you.
11.6 Should you believe that, due to an error on our part, an erroneous payment transaction has been processed from your pay account, you must contact our support team by using the ‘talk to us’ function on the POCiT Phone Application or sending an email to help@pocit.co.za within 30 days of the alleged erroneous payment, where after no requests for refunds will be considered by us. After undertaking a thorough investigation, we may, in our discretion and without admitting any liability, refund such payment within 14 days of the request being made and shall notify you, via SMS, of having refunded such payment.
12 Costs and fees
12.1 You acknowledge that your download of the POCiT Phone Application onto your cellphone and your use of the POCiT Payment Service will require the consumption of a certain amount of GPRS data on your cellphone. While we will use our best endeavours to ensure that the amount of data consumed on your cellphone when downloading the POCiT Phone Application and when using the POCiT Payment Service via your cellphone is as low as possible, you agree that you will be responsible for all costs charged by your cellphone network operator in respect of the data consumed when accessing the POCiT Payment Service via your cellphone.
12.2 The fees charged to all POCiT Users are set out in the pricing table. You can view the table on your cellphone at www.pocit.mobi/cost or on the Website.
13 Our undertakings
13.1 Subject to the provisions of paragraph 16 of these Terms, we undertake to use our best endeavours to:
13.1.1 ensure that, once the POCiT Phone Application has been successfully downloaded onto your cellphone, the POCiT Payment Service operates in a proper and efficient manner; and
13.1.2 ensure that the POCiT Phone Application and the POCiT Payment Service are kept free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device.
13.2 We shall, at all times in rendering the POCiT Payment Service, comply with all applicable legislation, regulations and industry standards and practices.
14 Your use of the Website
14.1 References and links to and from other websites
14.1.1 The Website may contain references or links to other websites ("Other Websites") and to the products, opinions or services of third parties.
14.1.2 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, your use of the Other Websites or the products or services of third parties is entirely at your own risk. We shall not be responsible for any Loss arising from or related to your reliance on, use or attempted use of Other Websites or the opinions, products or services of third parties.
14.1.3 You shall not make (and may not permit any third party to make) any reference to us, the Website or the Website Content, whether by way of a link or otherwise, where the reference could, in any way, be interpreted as an endorsement, affiliation or recommendation by us in relation to you or a third party or of the services, products or opinions of a third party, without our prior written consent.
14.1.4 For the purposes of this paragraph 14.1, any reference to us will be considered to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
14.2 Your behaviour when using the Website
14.2.1 You shall not use the Website to obtain or distribute:
14.2.1.1 copyrighted material or material protected by law without our prior written consent; or
14.2.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
14.2.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website.
14.2.3 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
14.2.4 You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
14.2.5 Subject to the further provisions of these Terms, the Website and the Website Content may only be used by you for lawful personal purposes ("the Permitted Use"). The Permitted Use shall not extend to the use of the source code of the Website or the Website Content.
14.2.6 In addition, you are not allowed, without our prior written approval, to:
14.2.6.1 frame, link to, modify, distribute, commercialise, exploit and/or alter the Website or the Website Content;
14.2.6.2 incorporate any part of the Website Content in any other work or publication; and/or
14.2.6.1 perform any other act which may not be considered fair use.
(collectively "Prohibited Acts").
14.2.7 Any restrictions on the use of the Website or the Website Content shall also apply to any part of the Website or the Website Content which may be cached when using the Website or the Website Content.
14.2.8 Requests for approval to perform a Prohibited Act must be submitted to legal@pocit.co.za . We are entitled, in our sole discretion, to withhold or grant consent. We may also impose any conditions on any consent which is granted by us.
14.3 Security Policy
While no data transmission over the Internet can be guaranteed to be 100% secure, we will take all reasonable measures to ensure that the information you transmit to us using the Website will remain confidential and protected from unauthorized access.
14.4 Interception and monitoring
You agree that your communications on the Website may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by us or any other competent authority.
15. Exclusion of liability for use of the Website, the Website Content, the POCiT Phone Application and the POCiT Payment Service
15.1 Your download of the POCiT Phone Application onto you cellphone is entirely at your own risk. You agree that we will not be liable for any Loss you may suffer as a result of any damage to your cellphone in this regard.
15.2 Your use of the Website, the Website Content, the POCiT Phone Application and the POCiT Payment Service is entirely at your own risk.
15.3 You agree that in providing the POCiT Payment Service, you authorise POCiT to communicate with POCiT Users, POCiT Merchants or other third parties at the time of transaction via SMS for and on your behalf. Under no circumstances will POCiT be responsible for or liable to you, any POCiT User, POCiT Merchant or other third party as a result of any complaint or claim which may be brought against POCiT as a result of POCiT transmitting (or facilitating the transmission of) any SMS pursuant to the POCiT Payment Service. You indemnify POCiT accordingly. POCiT shall refer all such queries and complaints to you for resolution in this regard.
15.4 You agree that we will not be liable for any unavailability, interruption, downtime, malfunction or failure of the Website, the Website Content, the POCiT Phone Application or the POCiT Payment Service for any reason whatsoever including:
15.4.1 any act or omission of any third party including any cellphone network operator or bank;
15.4.2 any cellphone network failures or problems that prevent or delay the transmission and receipt of GPRS data or the transmission and delivery of any SMS notifications contemplated in these Terms; and
15.4.3 power failures, natural phenomena, riots, acts of vandalism, sabotage or any event beyond our control.
15.5 In addition, you agree that we will not be liable for any Loss you may suffer as a result of any unauthorised use of the POCiT Payment Service utilising your PIN on your cellphone and/or any non-payment by or from you arising from any bank halting or reversing any payment transaction for any reason whatsoever.
15.6 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to the Website, the Website Content, the POCiT Phone Application and/or the POCiT Payment Service. You hereby indemnify us against any Loss arising from (i) your use of or reliance on the Website, the Website Content, the POCiT Phone Application or the POCiT Payment Service; (ii) any actions or transactions resulting therefrom or (iii) the occurrence of the events set out in paragraph 15.1 and 15.5 above, even if we have been advised of the possibility of such Loss.
15.7 You further indemnify us against any demand, claim or action relating to or in connection with the POCiT Payment Service unless such demand, claim or action arose as a direct consequence of our gross negligence or wilful misconduct. Any such demand, claim or action shall be limited to direct damages. Special and consequential damages are specifically excluded.
15.8 To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed the actual amount of the disputed payment transaction.
15.9 For the purposes of this paragraph 15, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
16 Exclusion of warranties and representations
16.1 The Website, the Website Content and the POCiT Payment Service are provided "as is" and are subject to change without notice.
16.2 We do not accept any responsibility for any errors or omissions on the Website or the Website Content. In addition, you acknowledge that the Website Content may not be accurate or complete.
16.3 Subject to the provisions of the ECT Act, the Website and the POCiT Payment Service is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or the POCiT Payment Service.
16.4 We also make no warranty or representation, whether express or implied, that the Website Content or the POCiT Phone Application is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software and you accept all risks in this respect.
16.5 You may also not rely on any warranty or representation, which allegedly induced you to agree to these Terms or to download the POCiT Phone Application, unless the representation or warranty is recorded in these Terms.
16.6 You acknowledge that the information on the Website and the Website Content is not intended to, and does not, constitute advice or a recommendation of any nature whatsoever, including (without limitation) in respect of any institution, investment, service or product.
16.7 The grant of any indulgence by us to you in respect of any matter connected to your use of the POCiT Payment Service shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right.
17. Intellectual Property Rights
17.1 The Website, the Website Content, the POCiT Phone Application and the POCiT Payment Service are protected by law. This incorporates all intellectual property rights in respect of the Website, the Website Content, the POCiT Phone Application and the POCiT Payment Service, including all rights, title and interest (statutory and common law) in copyright, designs, trade marks and inventions. Any unauthorised use of the Website, the Website Content, the POCiT Phone Application and/or the POCiT Payment Service and all intellectual property rights related thereto is prohibited.
17.2 You will not acquire any right, title or interest, including any intellectual property rights, in or to the Website, the Website Content, the POCiT Phone Application and/or the POCiT Payment Service other than those rights expressly granted to you in these Terms.
17.3 Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
18. Variation of certain deeming provisions in the ECT Act
By using the Website and/or the POCiT Payment Service, you agree that these Terms create a binding agreement between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:
18.1 the agreement will be treated as if it was concluded at our physical address on (i) the date on which you first made any use of the Website or (ii) the date on which you first register as a POCiT User, whichever is the earlier;
18.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
18.3 your use of the Website and/or the POCiT Payment Service is sufficient evidence of your agreement to these Terms;
18.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa;
18.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;
18.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message; and
18.7 these Terms will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
19 Variation of these Terms
19.1 Subject to the variations or amendments provided for in terms of paragraph19.2, no other variation or amendment, in any form whatsoever, of these Terms will be enforceable or binding on us unless we have agreed to such variation or amendment in writing. For this purpose, "writing" shall be writing on paper signed in ink by our authorised representative and specifically excludes any writing that may be in electronic format.
19.2 We are entitled and reserve the right to vary or amend these Terms from time to time and in our sole discretion. Any amendments to these Terms will be displayed on the Website from time to time. On the first occasion on which you use the Website or the POCiT Payment Service after we amend the Terms, you will be notified that amendments to the Terms have been effected and if you continue to use the POCiT Payment Service thereafter, the amended Terms will immediately be treated as being effective and binding upon you.
19.3 It is your responsibility to access and familiarise yourself with any amendments to the Terms on each occasion that you make use of the Website, the Website Content or the POCiT Payment Service.
20 Miscellaneous matters
20.1 Addresses
20.1.1 Our address for the service of any legal notice is:
postal address : P O Box 69210 Bryanston 2021
physical address : Pin Oak House Ballyoaks Office Park 35 Ballyclare Drive Bryanston 2021
current fax no :086 555 9631
20.1.2 Notices given to the above addresses shall be deemed to have been duly given:
20.1.2.1 14 days after posting, if posted by registered post to our postal address;
20.1.2.2 on delivery, if delivered to our physical address; and
20.1.2.3 on despatch, if sent to our then fax number.
20.2 Disputes, claims and legal proceedings
20.2.1 Any dispute declared by you and any claim which you may have against us arising out of or in connection with these Terms or the use of the POCiT Payment Service, including after termination, cancellation or amendment of these Terms, the POCiT Payment Service will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
20.2.2 If we declare a dispute with you, or wish to institute any claim or legal proceedings against you arising out of or in connection with these Terms or your use of the Website, the Website Content or the POCiT Payment Service, we reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms.
20.2.3 Notwithstanding anything to the contrary contained in these Terms, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
20.3 Costs
Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by us arising out of your use of the Website, the Website Content and/or the POCiT Payment Service, or a breach of these Terms, will be borne by you.
20.4 Assignment
20.4.1 You shall not cede, assign or transfer any of your rights and obligations in these Terms without our prior written consent.
20.4.2 We are entitled to cede, assign or transfer any of our rights and obligations in these Terms without your prior written consent and without notice to you.
20.5 Interpretation
20.5.1 A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.
20.5.2 In the event that any part of these Terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
20.5.3 No relaxation or indulgence which we may grant to you will be deemed to be a waiver of any of our rights in these Terms or in law.
20.5.4 The termination of any agreement created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
20.6 Additional disclosures in terms of section 43 of the ECT Act
In terms of section 43 of the ECT Act, you are entitled to the following additional information:
20.6.1 the names of our office bearers being:
Gerrit Johannes van Zyl (director), Blagoja Pardulski (director), Richard Donald Selkirk Came (director), Angus David MacRobert (director), Ariel Eli Atie (company secretary and officer), Kevin Douglas Wright (director), Andre Meyer (director), Keith Quarmby (director), Eric Gibson (director) and Luis Henriques da Silva (director).
20.6.2 our membership to any self-regulatory or accreditation bodies:
POCiT is an accredited Payer Service Provider. To verify our accreditation you may view it at http://authorisation.pasa.org.za or you may contact the Payments Association of South Africa at www.pasa@pasa.org.za or +27 11 645 6760.
20.6.3 the manner and period within which you can access and maintain a full record of any payment transaction:
You may request to view your full payment transaction history for the preceding 12 months only by logging on to the Website or the POCiT Phone Application.
Privacy Policy
1 Introduction
1.1 We recognise the importance of protecting your privacy in respect of the personal information (as this phrase is defined in the ECT Act) collected by us when you use the Website, the POCiT Payment Service or when you register for the POCiT Payment Service and/or the POCiT Merchant Service. We will attempt to limit the types of personal information we collect to only that to which you consent and which is necessary for the purposes of providing you with access to the POCiT Payment Service and/or the POCiT Merchant Service.
1.2 In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to, or disclosure of your personal information. However, we do not guarantee that your personal information shall be 100% secure.
2 Your agreement in relation to your personal information
2.1 By continuing to use the Website, the POCiT Payment Service or the POCiT Merchant Service, you agree:
2.1.1 to the terms and conditions set out in this Privacy Policy. If you do not agree with this Privacy Policy, please do not continue to use the Website, the POCiT Payment Service and/or the POCiT Merchant Service; and
2.1.2 that we may "collect, collate, process and/or store" your personal information (as this phrase is used in the ECT Act) ("Collect") for, amongst other things: (i) the purposes of providing you with access to the Website, the Website Content, the POCiT Payment Service and/or the POCiT Merchant Service; and (ii) for any of the purposes listed at paragraph 5 below.
2.2 We reserve the right to vary the terms of this Privacy Policy. It is your responsibility to familiarise yourself with the most recent version of this Privacy Policy each time you access the Website, the POCiT Payment Service or the POCiT Merchant Service.
3 What types of personal information do we Collect?
The types of personal information that we may Collect includes information necessary for our legitimate business interest and the categories of personal information identified in the ECT Act. This may include (amongst other things) your name and identity number, e-mail and physical addresses, postal address, contact information and cellphone number.
4 When will we Collect your personal information?
4.1 Personal information may be Collected by us in several ways, including when:
4.1.1 you register/sign up for the POCiT Payment Service and/or the POCiT Merchant Service;
4.1.2 you view the amount(s) payable by you to our clients on the Website;
4.1.3 you make use of the POCiT Payment Service and/or the POCiT Merchant Service;
4.1.4 we carry out demographic research; and
4.1.5 you browse the Website.
4.2 You acknowledge that all personal information Collected by us may be stored by us and used for any of the purposes listed in these Terms.
4.3 You acknowledge that third parties that have links on the Website may also Collect your personal information. You agree that the information processing practices of those third parties are neither under our control nor regulated by this Privacy Policy.
5 How do we use your personal information
We may use your personal information: (i) to notify you of any amounts payable by you to any POCiT User or POCiT Merchant; (ii) to provide you with confirmation reports regarding whether or not a payment has been successfully made; (iii) to verify any payments made by you on the Website or via the POCiT Phone Application; (iv) to notify POCiT Users and POCiT Merchants of your payment(s); (v)for security, administrative and legal purposes; (vi) for customer relations; and (vii) for helping us in any future dealings with you.
6 Sharing of your personal information
6.1 While we will attempt not to disclose any of your personal information to third parties, except when we have your permission or for purposes of our legitimate business interests, we do not guarantee that your personal information will not be shared with third parties without your permission.
6.2 You agree that your personal information may be shared with (amongst others) the following parties:
6.2.1 our holding companies, subsidiary companies, agents, advisers, service providers and suppliers;
6.2.2 POCiT Users and POCiT Merchants to whom any amount is payable by you;
6.2.3 any party involved in providing the POCiT Payment Service and/or the POCiT Merchant Service;
6.2.4 data processors;
6.2.5 credit and other payment card providers; and/or
6.2.6 government and law enforcement agencies, where the law requires that we disclose your personal information to a party, and where we have reason to believe that a disclosure of personal information is necessary to identify, contact or bring legal action against a party who may be in breach of these Terms or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other POCiT Users and POCiT Merchants, or anyone else that could be harmed by such activities.
7 Use of cookies
7.1 Cookies are pieces of information a Website transfers to a visitor to the Website’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and, tracking your online habits, traffic patterns and making sure you do not see the same advertisement too often. The use of cookies is an industry standard.
7.2 We may place a "cookie" on your browser to store and sometimes track information about you.
7.3 While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the Website will not function properly if you refuse cookies.
8 Use of IP address
8.1 An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses or the location of computers on the Internet.
8.2 We collect IP addresses for the purposes of system administration and to audit the use of the Website. We do not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular visitor to the Website when it is necessary to enforce compliance with the Terms or to protect the Website, POCiT Users, POCiT Merchants or other interests.
9 Links to other sites
When you are using the Website, you could be directed to other sites that are beyond our control. These other websites may send their own cookies to you, collect data or solicit personal information. We do not control the privacy policies of those third party websites.
10 E-Mail
You agree that we may periodically send e-mails to you about materials, services, products or promotions offered by us and our advertisers to the e- mail address provided by you.
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