Last modified: July 2017
THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE PAYAPP APP WEB-APP AND WEBSITE
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS AS BY DOWNLOADING THE APP YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THEN DO NOT DOWNLOAD THE APP
1. Availability and registration
We have made this PAYAPP, PAYAPP247 AND WEBSITE (the Web-App) available to you for your own personal use only and only for the purposes of facilitating your use of the PAYAPP PAYMENT SERVICES (the Service).
You will not be able to use the Web-App until you have registered to use the Service either on the APP or on the PayApp website, you will also be required to activate the App. We can refuse to register you for the Service and refuse to allow you to use and/or restrict your use of the App at any time.
2. Applicable terms
Your use of the Service is governed by the terms and conditions at https://www.payapp.co.za/web/terms_cust (the Service T&Cs). These App Terms and Conditions (the App T&Cs) supplement and amend the Service T&Cs in respect of your use of the App. By downloading the App you agree to comply with each of the Service T&Cs and the App T&Cs.
We reserve the right to modify these App T&Cs as required. If these App T&Cs are modified, we will post a clear, easily accessible modification notification on the App. If you continue using the App, you will be bound by any or all modifications made to it.
You may be charged by your service provider for downloading and/or accessing the App on your mobile phone, tablet or other handheld device (the Device). These may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills for your Device then we assume that you have the permission from the person that does before incurring any of these charges. We will not charge a separate fee for accessing the App, but you may be charged fees for using the Service. These fees will be as set out in the Service T&Cs.
4. Minimum system requirements
The App will only work on compatible Devices and operating systems and functionality will only work if your Device is connected to the internet. The APP may only be accessible on certain operating systems.
5. Use of your personal information
Your personal information is processed under applicable law and stored on the PayApp server. PayApp will not store any passwords or payment information except locally on your device.
Through your use of the App we also collect and use touch ID, store your username, language selection, country selection and location data and our use of this personal information is subject to your opt-in choice and the applicable provisions in the Service T&Cs.
Certain functionality of the App may need to access your Device and information stored on it so that it works properly. By using the App you consent to this.
6. App Security and Unauthorised Payments
The App gives you the opportunity to choose either a pin a password to gain access to the App itself or to various features within the App (the " Password").
As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments and you will be liable for these payments. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the App, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.
If you become aware of a payment being made via the App that was not authorised by you (an "Unauthorised Payment") or if you lose the device on which the App is installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the App by impersonating you, you should inform us immediately by emailing info"payapp.co.za and we will disable the payments feature of the App until you enter a new password in the My Account section of the App. Unless and until you provide us with such notification:
PayApp may refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach any legal or other duty; (iv) if we believe the App is being used for an illegal purpose; or (v) may harm the reputation of PayApp or any of our merchants.
You agree to fully cooperate with PayApp, it's agents, regulatory authorities and the police where you or we suspect there have been Unauthorised Payments in respect of the App.
7. Your use of the App
You must comply with these App T&Cs as these apply to your use of the App and the Service T&Cs apply to your use of the Service that you access and use through the App. Any violation of these App T&Cs or the Service T&Cs may result in the termination of your access to the App and/or the Service.
The may only use the App for your own personal use and not in connection with any commercial endeavours. You must not send it to anyone else or copy or modify any part of it in any way.
You must not attempt to extract any source code from the App, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the App and our systems.
You must not use the App for any of the following purposes:
(a) anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
(b) anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;
(c) interfering in any way with any other user of the App; and/or
(d) knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
You must not use the App in a way that may damage or impair the App, the Service or our underlying systems and security.
As the App facilitates financial transfers, security is of paramount importance. You must keep your Device secure and properly close the App after each use. You must ensure that any security details, money transfer and account information and all other information that you provide to us via the App or otherwise is complete, accurate and up to date.
8. Intellectual property rights
The App and all copyright, database rights, trade marks and other intellectual property rights related to it belong to us or our licensors.
9. Our responsibilities to you
While we will endeavour to ensure that the App is normally available 24 hours a day, we shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App.
The App, including all content on or available through the App, is provided on an 'as is' basis and we do not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App. The content of the App is not intended as advice and should not be relied upon.
We do not accept any responsibility to you for:
(a) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the App;
(b) any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
(c) viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
(d) any unauthorised use or interception of any message or information before it reaches the App or our servers from the App;
(e) any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
(f) any content provided by third parties.
10. Limitations of liability
There are provisions on liability in the Service T&Cs that also apply in connection with these App T&Cs and your use of the App.
In addition, we and our group companies and our and their officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
(a) the App and your use, delay in use or inability to use the App or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;
(b) your access to and use of any material on the App or material linked to or referred to on the App; and/or
(c) any loss or damage to your Device or any other hardware or software you use in connection with the App, including in connection with any viruses that may affect the same on account of your downloading and use of the App.
You acknowledge that use of the App is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties.
If we or any of our group companies or our or their officers, directors, employees, shareholders or agents do have any liability to you for any kind of loss or damage for any reason under or in connection with these App T&Cs and/or the Service T&Cs, you agree that you shall not recover more than once for that same loss and/or damage regardless of whether your claim(s) are made under or in connection with any or both of these App T&Cs and/or the Service T&Cs.
Nothing in these App T&Cs shall exclude any party's liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under any applicable law.
You shall indemnify us (and you shall keep us indemnified) and hold us and our directors, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by us resulting from your breach of these App T&Cs.
11. Termination and suspension
We may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these App T&Cs, will end and you must stop using the App and delete it from your Device.
12. Law and jurisdiction
These App T&Cs and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the law of Austria and the parties agree that the courts of Vienna, Austria will have exclusive jurisdiction to settle any such disputes or claims.