DISCLAIMER
i Pay-U (PTY) LTD IS A PRIVATE COMPANY. WE OFFER ONE PLATFORM FOR CITIZENS TO CONNECT TO GOVERNMENT, FINANCIAL INSTITUTIONS AND PRIVATE SECTOR BUSINESSES FOR THE PURPOSE OF STREAMLINING MANUAL PROCESSES BY AUTOMATION AND DIGITIZATION.
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND i Pay-U. BEFORE USING ANY OF i Pay-U SERVICES, PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO i Pay-U SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS DISCLAIMER AGREEMENT. THIS DISCLAIMER CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
BY ACCEPTING TO PROCEED BEYOND THIS POINT, YOU HEREBY AGREE TO ALL THE TERMS AND CONDITIONS IN THIS DISCLAIMER AGREEMENT. IF YOU DO NOT, THEN PLEASE STOP IMMEDIATELY AND CEASE USING ANY OF THE i Pay-U SERVICES.
PRIVACY POLICY
Welcome to i Pay-U Privacy Policy. This explains how i Pay-U (PTY) LTD (“i Pay-U”) uses, collects, processes, and shares information, including information obtained through the website at http://ipay-u.com (also known as the “i Pay-U Site”), the i Pay-U mobile application (e.g., i Pay-U iOS, i Pay-U iOS Xtra, i Pay-U Android, i Pay-U Android Xtra) (“i Pay-U App”), (and collectively with the i Pay-U Site, the i Pay-U Web App, the “i Pay-U Services”), CCSS (Citizens Councillor Support Services) ccss.i Pay-U.com
We collect personal data and non-personal data about you. “Personal Data” means any data that ‘YOU’ input into your profile also known as a Citizen/User(s). By agreeing to our privacy policy, you consent to the collection of the information indicated below. In addition to consent, the information is collected to perform a contract, to comply with obligations, or for the legitimate interests of i Pay-U or a third party as described below.
ACCOUNT CREDENTIALS: We require you to provide your ‘Identity Number’ and ‘Telephone Number’ with a secure ‘Password’ to use the i Pay-U App or other i Pay-U Services. The telephone number is used for authentication & OTP purposes.
DEVICE INFORMATION: We collect certain software and hardware information about your device. For example, we collect an ID/IP that is unique to the device or browser on which you install and/or access the i Pay-U Services (“Device ID” and “Device,” respectively).
LOCATION INFORMATION: When you use the i Pay-U App, we will collect your location for Geo fencing / push notifications. We also use this information to push marketing information to our members through the GPS, Wi-Fi, and/or cellular technology onto your Device , we can identify members and their geographic layout for events management and co-ordination. Your last known location may be stored for the purpose of providing statistical and analytical surveys.
COOKIES AND LOG FILES: We collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your device and/or computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your Device until you delete them) to provide you with a more personal and interactive experience on the i Pay-U Services and to improve all services. Persistent cookies we place may be removed by following instructions provided by your browser. If you choose to disable cookies, some features of the i Pay-U Services may not work properly. i Pay-U has an interest in the collection of such information for fraud monitoring and analytical purposes.
PROFILE INFORMATION: We collect Personal Data from you. For example, in the i Pay-U App, we collect information that you provide, such as your display name, identity number, date of birth, geo-location data, email address and password for the i Pay-U Services to be effective.
BANKING INFORMATION: i Pay-U will store your banking details for 2 purposes: 1) debit order for monthly subscriptions and 2) for online applications. We make use of a third party service provider to process any transactions as and when required.
FEEDBACK/SUPPORT: If you provide feedback to us or contact us for support we will collect all your details, as well as any other content / data / information that you send to us so that we may effectively reply to you. If you contact us for support, we may also collect and retain certain technical diagnostic data, such as your phone model / IP.
CORRESPONDENCE METHODS: When you register for the i Pay-U Services, we collect your details to send you value added information, services updates, the latest information on products and services, and pre-arranged third-party special offers that may be directly related to our services. By inserting your contact details anywhere on our platform, you hereby consent to receiving information from us. This will be communication material.
SURVEYS: When you participate in a survey, we collect additional information that you provide through the survey. If the survey is provided by a third-party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. We will make use of service providers at our discretion.
HOW WE USE YOUR INFORMATION: In addition to the uses described above, we use your “Data” in the following ways:
Identify You: To identify you as a Citizen / User on the i Pay-U Services platform. Provide Products and Services: To provide products and services such as but not limited to product features and functionality, brand awareness, push messaging information. Improved Services: To measure your usage and activity on our platform and thereafter improve our services efficiencies to ensure better user experience. Communication: Part-A) To respond to user related enquiries for platform support, Part-B) to send messages and/or notifications to the Citizen/User.
WHO WE SHARE INFORMATION WITH: In addition to the points mentioned above, we may also disclose your data in the following situations:
User Data: i Pay-U is a multi-purpose platform, and each phase (1-4) will offer compounded services. The data collected here will be used at our discretion for internal/external use, however no personal data (identity number, email, telephone, address) will be shared with any external party. Any/all other information may be shared at our discretion. Location Information: We make use of “Location Sharing” on the user device. i Pay-U application requires that the device location be enabled to ensure that the application performs as intended. Location Sharing will be used for, identifying user last known location, GEO marketing and push messaging and any other purpose as at our discretion. Third Party Tracking Companies: We share your hashed Device ID and Location/Demographics Information with our partners. These third parties may also collect information directly from you as described in this Privacy Policy. The privacy policy of these third-party companies applies to their collection, use and disclosure of your information. We may use Google Analytics which collects information and report website trends by identifying individual members or the Braze platform that gives us the ability to analyse patterns of behaviour for predictive modelling, generate funnel reports to better understand the user’s journey, or trigger follow-up actions based on actions to re-engage users and drive continued adoption and loyalty, among other capabilities ensuring that our platform performs as intended.
THIRD PARTY SERVICE PROVIDERS: We share your Statistical Data with third party service providers to: Provide you with the i Pay-U Services, conduct quality assurance testing, provide technical support, and/or to provide other services to i Pay-U. Except as otherwise stated in this Privacy Policy, these third-party service providers are requested to only provide services via the i Pay-U platform to our Citizens/Users.
OTHER DISCLOSURES: i Pay-U (Pty) Ltd may disclose your Personal Data in response to subpoenas, warrants, court orders, in connection with any legal process, or to comply with relevant laws, to establish or exercise our rights to defend against legal claims, if we believe it is necessary to investigate, prevent, or take-action regarding illegal activities, suspected fraud, safety of person or property, violation of our policies, or as otherwise required by law.
Changes To Your Personal Data: i Pay-U relies on you to update and correct your Personal Data. You can modify your profile within the i Pay-U platform. Please note that i Pay-U will keep historical information and content in our files and archives as permitted by law and to the extent we anticipate that the information may be required in connection with the original purpose of the collection, or as otherwise permitted or required by law.
Deletion Of Your Personal Data: Typically, we retain your Personal Data for the period of 10 years or as necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required for the operation of the i Pay-U Services or permitted by law. You can, however, request that we delete your Personal Data. All requests must be directed to the contact in the “Contact Information” section of the i Pay-U Services. We can also decide to delete your data at any time if we believe that the data is incomplete, inaccurate, or that our continued use and storage are contrary to our obligations to other individuals or third parties. In addition, we may keep your Personal Data and usage history as needed to comply with our legal obligations, resolve disputes, and/or enforce any of our agreements.
Revocation Of Consent: The i Pay-U Services relies on the processing of Personal Data that you have provided. If you revoke your consent for the processing of Personal Data, in accordance with this Privacy Policy and applicable Terms and Conditions of Service, then you must discontinue all use of the i Pay-U Services and delete any accounts that you created, as we will no longer be able to provide the i Pay-U Services. In some cases, we may limit or deny your request if the law permits or requires us to do so, or if we are unable to adequately verify your identity or any of the information provided.
Access To Your Personal Data: If required by law, upon request, i Pay-U will grant reasonable access of the Personal Data that i Pay-U holds about the Citizen/User. All requests must be in accordance with the applicable Terms and Conditions of Service and be directed to the contact in the “Contact Information” section of the i Pay-U Services.
How We Protect Personal Information: i Pay-U takes steps to help protect your Personal Data from unauthorized access, use, or disclosure. That said, no method of transmission over the Internet, or method of electronic storage, is fully secure, and i Pay-U cannot guarantee the security of your Personal Data. If we are required by law to inform you of any unauthorized access to your Personal Data, we may notify you electronically, in writing, or by telephone, if permitted to do so by law. While we ensure that we have adequate IT security measures in place, we cannot and will not be held responsible for unplanned IT, Cyber, Ransomware attacks.
Miscellaneous Information: The following additional information relates to our privacy practices:
Permissible Age: The i Pay-U Services are intended for users 18 years of age and older only. If you are aware that a child or minor has submitted Personal Data on the i Pay-U Services, please contact us using the information provided below so that we can take appropriate action and/or have their account data removed and/or deleted.
Transmission of Data to Other Countries: Your Personal Data will be processed in the country it was collected in. No personal data will be stored outside the Citizen/User resident country.
Third Party Applications/Websites: We have no control over, do not review, and cannot be responsible for other websites or applications. If you click on a link on our platform/site that re-routes you to another website or third-party application, the terms of this Privacy Policy do not apply.
i Pay-U will also initiate an investigation if you contact us with a complaint against our privacy practices or a concern that our practices do not conform to the requirements in your jurisdiction. We will attempt, where practical, to ensure ongoing compliance with any legal obligations.
Contact Information:
i Pay-U welcomes your comments or questions regarding this Privacy Policy.
Please use any of the following to contact us:
Postal Address: Physical Address: Contact Details:
i Pay-U (PTY) LTD i Pay-U (PTY) LTD Email: hello@ipay-u.com
PO Box 10100 No 2 Ncondo Place Website: www.ipay-u.com
Marine Parade Umhlanga
4056 4319
Changes To This Privacy Policy.
If we make a material change to this policy, we will update the Privacy Policy on our website/application platform. It is your responsibility to review the Privacy Policy regularly.
DISCLAIMER
i Pay-U (Pty) Ltd is a private company. We offer one platform for citizen to government communication and government to citizen communication and we offer digital KYC verification certificates. We do not offer financial advisory services and we do not offer any financial products that requires FSB/FSCA regulatory compliance. You should consult with your financial advisor, accountant or seek legal advice for all professional services.
Effective Date: 21 April 2022
TERMS AND CONDITIONS
Welcome to i Pay-U (PTY) LTD (“i Pay-U”, “We”, “Us”, “Our”) mobile software application (the “i Pay-U Software”), Web site, and any other mobile or web services or applications owned, controlled, or offered by i Pay-U now or in the future (collectively, the “i Pay-U Services”). For clarity, any reference herein to “i Pay-U Services” includes the “i Pay-U Software.” Users who download, access, use, purchase and/or subscribe to the i Pay-U Services (collectively or individually “You” or “Your” or “User” or “Users” or” “Member” or Members”) must do so under the following Terms and Conditions of Service and Privacy Policy (please see www.ipay-u.com/privacy-policy) (collectively, this “Agreement”).
RESOLVING DISPUTES WITH YOU: A SECTION OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED AND TO BE BINDING IN FINAL ARBITRATION, UNLESS OTHERWISE STATED. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTIONS BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND i Pay-U. BEFORE USING ANY i Pay-U SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE i Pay-U SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE i Pay-U SERVICES IMMEDIATELY.
We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing us at hello@ipay-u.com – Subject: Request for Terms of Service Agreement.
AGE RESTRICTIONS AND SAFETY: You hereby affirm and warrant that you are currently eighteen (18) years of age or over (twenty-one (21) years in places where eighteen (18) years is not the age of majority) and you are capable of lawfully entering into and performing all the obligations set forth in this agreement.
WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA. THE i Pay-U SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE i Pay-U SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. i Pay-U IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
International Users: Users outside South Africa. i Pay-U Services are controlled and offered by i Pay-U for use within South Africa and regardless of your place of residence within South Africa, your use of i Pay-U Services is governed by the law of South Africa. i Pay-U makes no representations that the i Pay-U Services are appropriate for use in other countries or are legal in any other jurisdictions unless clearly specified. Those who access or use the i Pay-U Services from other locations do so at their own risk and are responsible for compliance with their local law. You consent to the storage, transfer and processing of your data in South Africa.
English Language: i Pay-U may provide translations of this agreement on request and if available. This agreement was written in English, any translated versions of this agreement may be inconsistent with the English version, the English version will always take precedence. Similarly, i Pay-U reserves the right to correct translation errors and similar issues occasioned by the offering of local language versions of this Agreement and the i Pay-U Services.
Your Profile Registration: When you create an account on any of the i Pay-U Services platform (Citizen/User/Client) and submit information to us, you must ensure that such information is accurate. You must promptly update such information immediately if there are any changes. Profiles are personal and you should never use anyone else’s profile at any time. You may not buy, sell, rent, or lease access to your user account or your username at any time. You will not share or otherwise transfer your user account or credentials to someone else. Any violations will result in your profile being permanently blocked and we will hand you over to the regulatory authorities as this will be in breach of the user agreement.
SECURITY OF YOUR ACCOUNT:
You are entirely responsible for maintaining the confidentiality of your login credentials, password and profile. You are solely and entirely responsible for all activities that occur on your profile. You agree to notify i Pay-U immediately of any unauthorized use of your profile or any other breach of security. We will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur as a result of someone else using your login profile or password, either with or without your knowledge. You will be liable for all losses, damages, liability, expenses, and attorneys’ fees incurred by i Pay-U or a third party due to someone else using your profile, regardless of whether they are authorized by you or not. i Pay-U will retain a record of your profile, data and information that you have stored for your convenience on your profile.
PRIVACY POLICY: Our collection, use, and sharing of personal and other information about you is subject to Our Privacy Policy. You understand that through your use of the i Pay-U Services you consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Policy, including the transfer of your personal information to whomever we choose.
SERVICE MODIFICATIONS: We reserve the right, at our discretion, to modify, add, or discontinue the i Pay-U Services or any portion thereof, at any time, for any reason, and without notice or liability to you. We reserve the right at any time to charge fees for access to any one or more modules of the i Pay-U Services and may adjust such pricing at any time.
OUR OWNERSHIP | OUR PROPRIETARY RIGHTS:
i Pay-U Services are owned and operated by i Pay-U (PTY) LTD. i Pay-U Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile/web applications, and all other elements of the i Pay-U Services (collectively, the “Materials”) are protected by South Africa copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the i Pay-U Services is the property of i Pay-U or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names displayed on the i Pay-U Services are proprietary to i Pay-U or its affiliates and/or third-party licensors. Except as expressly authorized by i Pay-U under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
WE MAY DELETE YOUR ACCOUNT: i Pay-U may delete, any Citizen/User content (as defined below) at any time for any reason.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES LISTED BELOW:
You will NOT use i Pay-U Services or any information displayed within the i Pay-U platform to harass, abuse, defame, threaten or defraud other users; violate the privacy or other rights of users; or collect, attempt to collect, personal information about other users when the features become available.
Citizens will use i Pay-U Services for private use, Clients will use i Pay-U for Citizen KYC Verification.
i Pay-U shall not be used for any illegal purposes such as money laundering, criminal acts or in violation of any local, state, national, or international law.
You will not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the i Pay-U User Profile of any other users.
You will not misrepresent the source, identity or content of information transmitted via the i Pay-U Services.
You will not display the i Pay-U application or profile data on any external display or monitor or in any public setting.
You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the i Pay-U Services, features that prevent or restrict use or copying of any content accessible through the i Pay-U Services, or features that enforce limitations on use of the i Pay-U Services.
You will not intentionally or unintentionally interfere with or damage the operation of the i Pay-U Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
You will not post, store, send, transmit, or disseminate any information or material which a reasonable USER could deem to be objectionable, defamatory, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful.
You will not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person.
You will not use the i Pay-U Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications.
You will not use the i Pay-U Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the i Pay-U Services could lead to death, personal injury, or physical or property damage.
You will not attempt to gain unauthorized access to the i Pay-U Services, or any part of it, other accounts, computer systems or networks connected to the i Pay-U Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the i Pay-U Services or any activities conducted on the i Pay-U Service.
You will not probe, scan, or test the vulnerability of the i Pay-U Services or any system or network, use any robot, spider, scraper or other automated means to access the i Pay-U Services for any criminal purpose, modify the i Pay-U Services in any manner or form, use or develop any application that interacts with the i Pay-U Services or provides access to other users’ content or information, use modified versions of the i Pay-U Services, including for the purpose of obtaining unauthorized access to the i Pay-U Services; and you will not interfere with anyone’s ability to use or enjoy the i Pay-U Service, or aid or encourage any activity prohibited by this Agreement.
CANCELLATION POLICY: You may cancel your services with i Pay-U at any time by uninstalling the Mobile Application. Once uninstalled, your profile details will be removed from your device but will remain in our historical archives.
YOUR USAGE: You acknowledge that some of the i Pay-U Services may only be accessed by downloading the i Pay-U Software to a mobile device. You will not have the opportunity to view all your user content unless you have downloaded the i Pay-U Software and you have a registered, paid profile.
i Pay-U RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE i Pay-U SERVICES, INCLUDING A USER’S REGISTRATION, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION. i Pay-U ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE i Pay-U SERVICES, (B) TERMINATE ANY USER’S PROFILE FOR ANY REASON AND WITHOUT ANY NOTICE AND/OR WITHOUT ANY LIABILITY TO YOU.
i Pay-U has the exclusive right to monitor all uploaded content for the purpose of verification. You acknowledge that you are solely responsible for all your personal information that you upload onto the i Pay-U platform.
CANCELLATION OF SERVICES: You may terminate your profile at any time for any reason, by following the instructions given in the i Pay-U Services. Upon the cancellation of your profile, this agreement will immediately terminate, however your data will remain on our servers for an agreed period. If we believe that your profile information or your conduct within the i Pay-U platform violates Our Terms of Service, your access will be terminated immediately and you will be notified of such actions taken by us.
i Pay-U may terminate any user profile and use of the i Pay-U Services or any portion thereof, if i Pay-U believes that you have breached this Agreement, or for any other reason, in its sole discretion. i Pay-U may also remove and discard all or any part of your user profile content, at any time. You agree that any termination of your access to the i Pay-U Services or any user profile you have or portion thereof may be affected, with notice, and you agree that i Pay-U will not be liable to you or any third party for any such termination. For example, we may deactivate your user account due to prolonged inactivity. Without limitation of our other rights, we reserve the right to delete all your user content from the i Pay-U platform upon any termination or cancellation of your user profile. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your use of the i Pay-U Services and will be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies i Pay-U may have at law or in equity. If you believe that i Pay-U has suspended or terminated your user profile in error, you may contact us at hello@ipay-u.com
Please see Our Privacy Policy for additional information about the use, collection, or sharing of your information, including User data.
If you provide i Pay-U with any feedback or suggestions regarding the i Pay-U Services (“Feedback”), you hereby assign to i Pay-U all rights in the feedback and agree that i Pay-U shall have the right to use such feedback and related information in any manner it deems appropriate. i Pay-U will treat any feedback you provide to as non-confidential and non-proprietary to you. i Pay-U will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit to i Pay-U any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
END USER TERMS: Mobile Device. To use the i Pay-U Software you must have a mobile device that is compatible with the i Pay-U Services. i Pay-U do not warrant that the i Pay-U Services will be compatible across all mobile devices or every mobile device. You are responsible for any mobile charges that you may incur for using the i Pay-U Services, including text-messaging, roaming charges, and data charges. If you are unsure about the charges that will apply, please contact your mobile service provider before using the i Pay-U Services.
SERVICES LICENSE GRANT: Subject to your compliance with the terms of this Agreement, i Pay-U hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the i Pay-U app for your profile account on a mobile device owned or leased solely by you, for your personal use.
RESTRICTIONS: You may NOT: (i) modify, disassemble, decompile or reverse engineer the i Pay-U Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the i Pay-U Services to any third party or use the i Pay-U Services or similar services for any third party; (iii) make any copies of the i Pay-U Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the i Pay-U Services, features that prevent or restrict use or copying of any information accessible through the i Pay-U Services, or features that enforce limitations on use of the i Pay-U Services; or (v) delete the copyright and other proprietary rights notices on the i Pay-U Services.
UPGRADES: You acknowledge that i Pay-U may from time-to-time issue upgraded versions of the i Pay-U Services and may automatically electronically upgrade the version of the i Pay-U Services that you are using on your mobile device or otherwise. You consent to such automated upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such updates and/or upgrades. You agree that i Pay-U will not be liable to you or any third party for any such software updates and/or modifications.
SOURCE CODE: With respect to our source code or third-party code that may be incorporated in the i Pay-U Services, such source code is covered by the applicable source coding or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such source coding software.
RIGHTS RESERVED: The foregoing user license granted under this Agreement is not a sale of the i Pay-U Services or any copy thereof and i Pay-U or its third-party partners or suppliers retain all right, title, and interest in the i Pay-U Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. i Pay-U reserves all rights not expressly granted under this Agreement.
Trademarks, Service Marks and Logos. The names and logos associated with the i Pay-U Services are the property of i Pay-U. No use of these marks is permitted except through the prior written authorization and permission of i Pay-U. All rights reserved.
GOVERNMENT END USAGE: i Pay-U Services are intended for the use by individuals to communicate with government and associated entities. Nothing in this agreement or otherwise will give government exclusive user rights to the i Pay-U Services broader than those set forth in this agreement.
FINANCIAL SECTOR USAGE: i Pay-U Services are intended for the use by individuals to communicate with the financial sector and associated entities. Nothing in this agreement or otherwise will give any financial institutions exclusive user rights to the i Pay-U Services broader than those set forth in this agreement.
RETAIL SECTOR USAGE: i Pay-U Services are intended for the use by individuals to communicate with the retail sector and associated entities. Nothing in this agreement or otherwise will give any retail sector exclusive user rights to the i Pay-U Services broader than those set forth in this agreement.
EXPORT CONTROL: i Pay-U Services originates in South Africa and are subject to South African export laws and regulations. The i Pay-U Services may not be exported or re-exported by you to any country, or those persons or entities prohibited from receiving exports from South Africa. In addition, i Pay-U Services may be subject to the import and export laws of other countries. You agree to comply with all South African and foreign laws related to use of the i Pay-U Services.
APP STORES: You acknowledge and agree that the availability of the i Pay-U app is dependent on the third party from which you received the i Pay-U Services, e.g, the Android play store or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and i Pay-U and not with the App Store. Each App Store may have its own terms and conditions to which you must agree to before downloading the i Pay-U app from it. You agree to comply with, and your permission to use the i Pay-U Services is conditioned upon your compliance with all applicable terms and conditions of the applicable App Store.
OUR DISCLAIMERS – NO WARRANTIES TO YOU: i Pay-U SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE i Pay-U SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. i Pay-U, AND ITS PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. i Pay-U AND ITS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE i Pay-U APP/SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE i Pay-U SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. i Pay-U AND ITS SUPPLIERS AND PARTNERS (INCLUDING i Pay-U THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER i Pay-U SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT i Pay-U OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE i Pay-U SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE i Pay-U SERVICES AT YOUR OWN DISCRETION AND RISK. CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOUR INDEMNIFICATION OF US – YOU HOLD i Pay-U HARMLESS: You agree to indemnify, defend, and hold i Pay-U (and its affiliated companies, contractors, employees, agents, suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use, misuse, misinterpretation or misrepresentation of any information or the other i Pay-U Services generally, (b) any violation of the rights of any other person or entity by you, (c)any alleged breach or violation by you of this agreement. i Pay-U reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence for these claims. This defence and indemnification obligation are intended to extend to the fullest extent permitted by law and will survive this agreement and your use of the i Pay-U App/Platform/ Services.
LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES: YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL i Pay-U (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE i Pay-U SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION; (C) YOUR USE OR INABILITY TO USE THE i Pay-U SERVICES; (D) THE i Pay-U SERVICES GENERALLY (INCLUDING THE i Pay-U SOFTWARE) OR SYSTEMS THAT MAKE THE i Pay-U SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH i Pay-U OR ANY OTHER USER OF THE i Pay-U SERVICES, EVEN IF i Pay-U OR A i Pay-U AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL i Pay-U (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE i Pay-U SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE i Pay-U SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE RAND(R1.00), WHICHEVER IS GREATER. THIS SECTION IS NOT INTENDED TO EXCLUDE LIABILITY THAT i Pay-U MAY NOT EXCLUDE UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH i Pay-U. YOU ACKNOWLEDGE AND AGREE THAT i Pay-U HAS OFFERED THE i Pay-U SERVICES, SET ITS PRICES (R0.00), AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND i Pay-U, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND i Pay-U. i Pay-U WOULD NOT BE ABLE TO PROVIDE THE i Pay-U SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
YOU RELEASE US: To the fullest extent permitted by applicable law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or user content and information provided by, other i Pay-U Services Users or (2) any third-party site, products, services, and links included on or accessed through the i Pay-U Service.
RESOLVING OUR DISPUTES: You and i Pay-U agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the i Pay-U Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to i Pay-U in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section.
INFORMAL RESOLUTION: If you have any dispute with us, you, and we agree that before taking any formal action, you will contact us at hello@ipay-u.com, provide a brief, written description of the dispute and your contact information (including your identity number and phone number associated with your user profile). We will attempt to resolves any dispute within sixty (60) days from the date of you contacting us.
APPLICABLE LAW: You agree with us that South African law including the Arbitration Act, will govern all covered dispute matters. Such body of law will apply regardless of where you use the i Pay-U Services.
OUR ARBITRATION: You agree with us that this agreement and each of its parts evidence a transaction involving interstate commerce, and the Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any covered dispute matter must be asserted individually in binding arbitration administered by the Association of Arbitrators NPC (“Southern Africa ”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You, and we agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You agree with us that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement, including any claim that all or any part of this agreement is void or voidable or a particular claim is subject to arbitration. You agree with us that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The Arbitrator’s Award to You or Us: You and Us agree that for matters where the relief sought is over R1,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same i Pay-U User to the extent required by applicable law. You and Us agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and US agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim, for example your claims. Any relief awarded cannot and will not affect other citizens/users.
Exceptions To Our Agreement To Arbitrate Disputes. There are only two exceptions to this agreement to arbitrate:
First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
WHO BEARS THE COSTS OF ARBITRATION: You and Us agree that payment of all filing, administration, and arbitrator fees will be governed by the Association of Arbitrators NPC rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is R1,000 or less, at your written request, i Pay-U will not reimburse you for the filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that i Pay-U is relieved of its obligation to reimburse you for any fees associated with the arbitration, however for the time spent in attending to the Arbitration initiated by you, a claim of up to but not limited to R1,00 may apply.
FUTURE AMENDMENTS TO THE AGREEMENT TO ARBITRATE: Notwithstanding any provision in this agreement to the contrary, You and Us agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against i Pay-U prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and i Pay-U. If you do not agree to these amended terms, you may close your profile within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
JUDICIAL FORUM FOR LEGAL DISPUTE: Unless You and us agree, in the event that the agreement to arbitrate the above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and i Pay-U must be resolved exclusively by a state court located in Durban, South Africa. You and i Pay-U agree to submit to the exclusive personal jurisdiction of the courts located within Durban for the purpose of litigating all such claims or disputes.
YOU MAY OPT-OUT OF ARBITRATION: IF YOU ARE A NEW i Pay-U USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO hello@ipay-u.com (“OPT-OUT NOTICE”) OR BY POSTAL MAIL TO: i Pay-U (PTY) LTD, P.O BOX 10100, MARINE PARADE, 4056. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW i Pay-U USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Arbitration Opt-Out Procedure: To opt-out, you must email your IDENTITY NUMBER, ADDRESS (including street address, city, state, and zip code), associated with your profile to which the opt-out applies, and an unaltered digital image of your valid identity document or driver’s license to: hello@ipay-u.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections ‘You Acknowledge the Benefit of the Bargain with i Pay-U’) and through (Advertising; End User Licenses; Our Disclaimers; No Warranties to You, and Limitation of our Liability and of Your Damages) will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
YOU WAIVE CERTAIN RIGHTS: BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT. STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
NOTICE AND TAKEDOWN POLICY: i Pay-U respects intellectual property rights and expects its users to do the same. i Pay-U will promptly terminate without notice the users that are determined by i Pay-U to be “repeat infringers.” A repeat infringer is a user who has been notified by i Pay-U of infringing activity violations more than twice and/or who has had their user information removed from the i Pay-U Services more than twice. (Note that we reserve the right to terminate profiles for a single infringement as well)
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any i Pay-U Services infringes your copyrights, then you may submit a notification by providing i Pay-U Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable i Pay-U Services are covered by a single notification, a representative list of such works on the applicable i Pay-U Services, identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit i Pay-U to locate the material; information reasonably sufficient to permit i Pay-U to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
i Pay-U Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
i Pay-U (PTY) LTD
Attention: Copyright Agent
P.O. Box 10100
Marine Parade, 4056
Telephone: (+27) 83 785 8001
Email: hello@ipay-u.com (recommended contact method)
For clarity, only notices under this section should go to the i Pay-U Designated Copyright Agent. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions apply to you if you are using i Pay-U Software from the Apple App Store. Acknowledgement: i Pay-U and you acknowledge that this Agreement is concluded between i Pay-U and you only, not with Apple, and that i Pay-U, is solely responsible for i Pay-U Software. To the extent this agreement provides for usage rules for i Pay-U Software that are less restrictive than the usage rules set forth for i Pay-U Software in, or otherwise conflicts with the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
MAINTENANCE AND SUPPORT: i Pay-U is solely responsible for providing any maintenance and support services with respect to i Pay-U Software, as specified in this Agreement (if any), or as required under applicable law.
LEGAL COMPLIANCE: You represent and warrant that (i) You are not located in a country that is subject to an embargo, or that has been designated by the S.A Government as a “terrorist supporting” country; and (ii)You are not listed on any S.A Government list of prohibited or restricted parties.
DEVELOPER NAME AND ADDRESS: i Pay-U (PTY) LTD contact information for any end-user questions, complaints or claims with respect to i Pay-U Software is set forth below.
i Pay-U (PTY) LTD
P.O. Box 10100
Marine Parade,
4056
Email: hello@ipay-u.com (Preference)
MISCELLANEOUS PROVISIONS: Severability, Waiver of Agreement Provisions. You and us agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right later to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
NOTICES: i Pay-U may provide you with notices, including those regarding changes to this Agreement, by postings on the i Pay-U Services. You hereby consent to the use of electronic communications. YOU MAY NOT ASSIGN, BUT i Pay-U MAY. This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you. However, i Pay-U may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires our company, business, or our assets, that transaction may include a sale or transfer of your user content and all data, and you agree to such transfer without further action or confirmation.
Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
HEADINGS: Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing.
YOUR INQUIRIES: The services hereunder are offered by i Pay-U(PTY) LTD, P.O.Box 10100, Marine Parade, 4056, Republic of South Africa. General Inquiries: hello@ipay-u.com
CANCELLATIONS: Cancellations and uninstallation of the services are allowed at any time. You have the right to cancel your i Pay-U Services without giving any reason.
EXCEPTIONS TO LIABILITY LIMITATIONS: Nothing in this Agreement excludes or limits i Pay-U (or its affiliated companies’, contractors’, subcontractors’, directors’, officers’, employees’, agents’, third party suppliers’ or partners’) liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
LOCAL JURISDICTION: The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. But by entering into this Agreement or otherwise, i Pay-U does not consent to the jurisdiction of any courts other than those referenced in this agreement and reserves the right to contest that it is not subject to the jurisdiction of any other court.
Updated on 24 November 2023
Ver1.0